Addtions to Council March 5/07
ADDITIONS TO COUNCIL. MONDAY. MARCH 5. 2007
COUNCIL
1. Bio on Eclipse Singing Group
PLANNING MATTERS
1. Re: PD-2007-12 additional correspondence re: Walker Brothers Quarries Ltd
2. Re: PD-2007-13 (9268 Lundy's Lane) - Request from applicant for deferral.
CLEAN YARD BY-LAW
1. Comment and deputation request from the Terriaca's.
2. Correspondence from Catharine Arenburg
COMMUNICA TIONS
1. Downtown Board of Management - Candlelight Stroll - Street Closure
2. Additional Communication; Broderick & Partners re: Niagara Falls Hydro Inc.,
Resolution to appoint Council members to the Board of Directors.
PLEASE NOTE COUNCIL MEMBERS WILL HAVE TO SIGN THE RESOLUTION IF
APPROVED BEFORE LEAVING THIS EVENING
APPOINTMENT MATTERS
1. Correspondence from Julius Banfai Re: CD-2007 -06 Appointments to Niagara District
Airport Commission
BY-LAWS
1. 2007 -49 - Replacement schedule A, reflecting Councillor Wing on Regional Niagara
Circle Route Committee
Additional By-laws
1. 2007 -54 - A by-law to authorize the execution of an Agreement with the Canadian National
Railway Company and The Regional Municipality of Niagara respecting an Agreement with
the Canadian National Railway Company to construct a sidewalk at grade across the right-of-
way and track of the Canadian National Railway Company.
2. 2007-55 -A by-law to authorize the execution of an Agreement with Cogeco Cable Canada
Inc. respecting the usage of the recordings created by Cogeco Cable Canada Inc. for the
purposes of webcasting Council Meeting coverage.
3. 2007-56 -A by-law to amend By-law No. 2000-97, being a by-law to transfer the employees,
assets, liabilities, rights and obligations of the Niagara Falls Hydro Electric Commission and
of the Corporation of the City of Niagara Falls in respect of the generation, transmission,
distribution and retailing of electricity to a corporation and its subsidiary corporations to be
incorporated under the Business Corporations Act (Ontario.) pursuant to Section 142 of the
Electricity Act, 1998 (Ontario), and to authorize the execution of the City of Niagara Falls
Shareholder Declaration concerning Niagara Falls Hydro Holding Corporation.
Mayor's Comments
Council Meeting - March 5, 2007
Singing of the National Anthem
Westlane Secondary School Ensemble - "Eclipse"
Eclipse is a small auditioned female vocal ensemble from Westlane Secondary
School. They have performed previously at the Mayor's inauguration, the Volunteer
Recognition Evening, and for the Liberal Party and the Premier. They rehearse twice
per week and compete yearly in the Port Colborne Festival of the Arts - winning 1st
place every year.
The group, under the direction of Linda Bover, consists of
Brittany Porter - 14
Sarah Hardy -16
Samantha Olson - 17
Angela Crane - 16
Michelle Breski -17
Allison Crane -17
Alexis Radojcic - 16
Stephanie Farmer -15 Jennifer Farmer -18
The singing of the National Anthem at Council is co-ordinated by the Arts &
Culture Committee.
walker industries
environmental assessment
P.O. Bo;< 100, THOROLD, ONTARIO, CANADA' L2\l 3Y8
Web.!i ite:www.waJkerea_,nfo
December 12,2006
Mr. Dean lorfida
City Clerk
City of Niagara Falls
4310 Queen St.
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. lorfida,
Re: Update Environmental Protection Act -application Walker
Industries/Niaaara Waste Systems Limited proposed landfill expansion
As you may know, Walker Industries,' through its subsidiary Niagara Waste Systems
Limited, recently received approval from the Province of Ontario for the Environmental
Assessment for its proposed landfill expansion. The landfill has been approved to take
up to 850,000 tonnes of waste per year, which will help to address the demand for
disposal capacity for the industrial, commercial and institution (IC&I) sectors.
Niagara Waste Systems Limited has submitted an application for a Certificate of
Approval for this landfill, located in City of Niagara Falls, Regional Municipality of
Niagara - adjacent to Thorold Townline Road. The landfill will be known as the South
Landfill. It will be built on the site of Walker Industries' depleted south quarry next to our
existing East Landfill, which has about three more years of capacity. The South Landfill
will be constructed in four main stages, roughly of similar capacity and duration. Each
stage will be rehabilitated with soil cover and vegetation as it reaches its capacity. .
The application for a Certificate of Approval is based on the Proposed Walker South
Landfill Design and Operations Report. This Report provides the basis for final
.technical.design and development of the landfill expansion.
A draft of this Design and Operation Report was made available to area stakeholders in
the spring of 2006 (see the Document Library section of the Walker Environmental
Assessment website - www.walkerea.info ) Municipalities, agencies and members of the
public received either email notification, or notification through the Walker
Environmental Assessment Newsletter (June 2006), of the availability of the draft
Report for comment. The only comments that were received were internal comments
. from Walker representatives and comments from consultants involved in the
Environmental Assessment. No other comments were received.
The Report submitted to the Ministry of the Environment does not differ substantially
, from the earlier draft report. Editorial and formatting changes were made to 'ensure that
the report was consistent with Environmental Assessment impact assessment studies,
and was clear, logical, and coherent.
In the near future, the Ministry of the Environment's Environmental Assessment and
Approvals Branch will be sending local municipalities and agencies a letter to solicit
comments on the Proposed Walker South Landfill Design and Operations Report. This.
letter will contain instructions on how to provide comments to the Ministry.
If you have any questions, please do not hesitate to contact me.
Yours sincerely,
JO~her
Vice President and General Manager
Walker Environmental Services
JEF:vlj ,
EA: EP A Application-Stakeholders
Ministry
of the
Environment
Ministere
de
l'Environnement
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2 St. Clair Avenue West
Floor 12A
Toronto, ON M4V 1 L5
2, avenue St. Clair Ouest
Etage 12A
Toronto, ON M4V 1 L5
Environmental Assessment and Approvals Branch
Tel: (416) 314-8001
Fax: (416) 314-8452
November 22, 2006
City Clerk
Clerk's Division
City of Niagara Falls
City Hall, P.O. Box 1023
4310 Queen Street
Niagara Falls ON L2E 6X5
To Whom It May Concern:
On November 15, 2006, Cabinet concurred with the Minister of the Environment's decision
to approve the environmental assessment submitted by Niagara Waste Systems Ltd.
(Walker) for the provision of future waste disposal capacity in the City of Niagara Falls.
Walker can now proceed to acquire the required Environmental Protection Act and Ontario
Water Resources Act approvals. Enclosed for your information is a copy of the Notice of
Approval to proceed with the approved undertaking.
The submission period provided for in the Notice of Completion of Review for the above
undertaking expired on June 23, 2006. By that date, no submissions or requirements for a
hearing were received by the Minister of the Environment. No hearing was held and the
Notice of Approval has now been given as required by section 9 of the Environmental
Assessment Act.
If you have any questions or require more information, please contact me at 416-314-8311
or through email atcharlene.cressman@ontario.ca.
Thank you for your interest in this environmental assessment.
C rlene Cressman
Project Officer
Environmental Assessment & Approvals Branch
Enclosure
...
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ENVIRONMENTAL ASSESSMENT ACT
SECTION 9
NOTICE OF APPROVAL TO PROCEED WITH THE UNDERTAKING
RE: An Environmental Assessment for the Provision of Future Waste Disposal
CapaCity in the Regional Municipality of Niagara.
Proponent: Niagara Waste Systems Ltd. (Walker)
EA File No.: EA-02-0B-03
TAKE NOTICE that the period for requiring a hearing, provided for in the Notice of
Completion of the Review for the above noted undertaking, expired on June 23,2006.
I received eight submissions before the expiration date. One submission requested
mediation, .and, if no resolution resulted from mediation, then referral to -a hearing by the
Environmental Review Tribunal. .
I consider a hearing or mediation to be unnecessary in this case. Having considered the
purpose of the Act, the approved Terms of Reference, the Enviroflmental Assessment,
the Ministry review.of the Environment~1 Assessment and submissions received, I
hereby give appro~al to proceed with the undertaking, subject to conditions set out
below. .
REASONS:
My reasons for giving approval are:
1. On the basis of the proponent's Environmental Assessment and the Review, the
proponent's conclusion that, on balance, the advantages of this undertaking
outweigh its disadvantages appears to be valid.
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2.
No other beneficial alternative method of implementing the undertaking was
identified.
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3. On the basis of the proponent's Environmental Assessment, the Review and the
conditions of approval, the construction, operation and maintenance of the
undertaking will be consistent with the purpose of the Act (section 2).
4. The Government Review Team has indicated no outstanding concerns that can
not be addressed through conditions of approval. The public review of the
. Environmental Assessment did not identify any outstandi.ng concerns which can
not be addressed through these conditions. of approval.
5. The submissions received after the Notice of Completion of the Review was
published are being dealt with through conditions where appropriate. I am not
awar~ of any outstanding issues with respect to this undertaking which suggest
that a hearing should be required..
CONDITIONS
This approval is subject to the following Conditions:
Definitions
1. For the purposes of these conditions:
(a) "Proponent"refers ~o Niagara Waste Systems Limited.
(b) "MOE" refers to the Ontario Ministry of the Environment.
(c) "Director" refers to the Director of the Environmental Assessment and
Approvals Branch.
(d) llRegional Director" refers to the Director of the MOE West Central
Region. .
(e) "The environmental ~ssessment" refers to the approved Environmental
Assessment for the Provision of Future Waste Disposal Capacity in the
City of Niagara Falls, in the Regional Municipality of Niagara for Solid,
Non-Hazardous Waste generated in the Province of Ontario.
(f) ClEAA" means the Environmental Assessment Act.
(f) ClSouth Landfill" means the proposed landfill located on Part Stamford
Township Lots 31,49, 50 and 66 described as the undertaking in the
environmental assesSment.
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General' Requirements
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2. The proponent shall comply with all the provisions of the environmental
assessment submitted to theMOE which are hereby incorporated in this
approval by reference except as provided in these conditions and as provided in
any other approvals or permits that may be issued.
. 3. These. conditions do not prevent more restrictive conditions being imposed under
other statutes.
4. Where a document is required for the Public Record, the, proponent shall provide
the document to the Director for filing within the specific Public Record file
maintained for the undertaking. Copies of any such documents should also be
provided to:
(a) the Director of the MOE West Central Regional Office;
(b) the Manager of the MOE Niagara District Office; ,
(c) the Clerk of the Regional Municipality of Niagara; and,
(d) the Public Liaison Committee, if applicable.
These documents may also be provided through other means as consid~red
appropriate by the proponent.
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EM Monitoring and Annual Reporting
5. The proponent s.hal! prepare and submit to the Director, for the Public'Record, an
Environmental Assessment Compliance Monitoring Program (Program). The
Program shall be prepared for the monitoring of the proponent's fulfillment of the
provisions of the environmental assessment for mitigation measures~ public
consultation, and additional studies and work to be carried out.
The Program must contain an implementation.$chedule. The Program.shall be
submitted one year from the date of approval of the undertaking, .or at least 60
days before the commencement of construction, whichever IS earlier.' A
statement must accompany the Program when submitted to the Director, .
indicating that the Program is intended to fulfill this condition. The Program, as it
may be amended by the Director, must be carried out by the proponent.
6. The proponent shall prepare an annual Compliance Report which describes
compliance with the conditions of this approval and which describes the results of
the proponent's Environmental Assessment Compliance Monitoring Program,
The first Compliance Report shall be published on the same date as the annual
monitoring report as required in the Certificate of Approval for the South Landfill.
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The Compliance Report shall be published on the same date ea'ch year
thereafter and shall cover the same reporting period as the annual monitoring
report. The proponent shall submit to the Director, for placement on the Public
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("""
Record a copy of the Compliance Report, The proponent shall submit
Compliance Reports until all conditions are satisfied. When all conditions have
been satisfied, the proponent shall indicate in the Compliance Report that this is
its final submission.
The proponent shall retain either on-site or in another location approved by the
Director, copies of the Compliance Monitoring Report for each reporting year and
any associated documentation of compliance monitoring activities. . The
proponent shall make'the documentation available to the ministry or its designate
upon request in a timely manner when so requested by the ministry during an on-
. site inspection, audit, or in' response to a pollution incident report or when
information concerning compliance is requested by the ministry.
. Public Liaison Committee
7. The proponent shall incorporate into its existing Puplic Liaison Committee the
dissemination, review and exchange of information and monitoring results
relevant to the operation of the South Landfill.
8. The proponent shall develop, in consultation with its existing Public Liaison
Committee, a procedure for responding to complaints received regarding the
operation of the South Landfill. The proponent shall keep records of the
complaints received, the actions taken, and the results or outcome of these
actions. The proponent shall ensure this record is maintained to facilitate
compliance with the Municipal Freedom of Information.andProtection of Privacy
Act, and subject to that Act, make it available for inspection upon request of the
Public Liaison Committee, the pubUc or MOE._
The need for the Committee 'should be reviewed annually by the proponent in
consultation with the members, and the Committee may be -suspended upon the
consent of the Regional Director should there be insufficient interest among the
public members.
Other Approvals
9. Prior to sUbmitting applications for Environmental Protection Act and Ontario
Water Resources Act approval, the proponent shall give written notice to the
public, the Niagara Escarpment Commission, City of Niagara Falls, City of .
. Thorold, Region of Niagara, the Town of Niagara-on-the-Lake, and the Niag.ara
Peninsula Conservation Authority indicating that all documents in support of the
applications are available on the proponent's internet website or located at their
head office.
,
The proponent shall allow the parties noted above, a minimum of 30 days for
review and comment. The proponent shall take any comments received into
consideration prior to the submission of the applications.
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10. Prior to submitting applications for Environmental Protection Act and Ontario
Water Resources Act approval, the proponent shall submit to the Regional
Director, a study completed by a qualified person to investigate the historical
changes in brine concentrations from the Niagara Waste System (NWS)
drainage trench discharge.
, The purpose of the study is to assess the potential impact(s) of increased brine
quality and quantity on the Old Weiland Canal that is associated with the
projected flow and concentration from the NWS drainage. trench. The study must
include the interpretation of the probable impacts, recommendations and
proposed mitigative measures.
The proponent shall deliver a copy of the study to the MOE - West Central
Region, Niagara Escarpment Commission, City of Niagara Falls, City of Thorold,
Region of Niagara, the Town of Niagara-on-the-Lake and Niagara Peninsula
Conservation Authority for comment.
The proponent shall allow the parties noted above, a minimum of 30 days for
review and comment. The proponent shall take any comments received into
consideration prior to the submission of the study to the Regional Director.
End-use Plan
11. As part of the End-use Plan developed tor the South ,Landfill, the proponent shall
develop a landscape plan for the Stage 4 ~ide slopes of the South Landfill. The
proponent shall retain an independent Landscape Architect, as selected by the
Niagara Escarpment Commission, to prepare a landscape plan in consultation
with a multi-stakeholder End Use Committee including the Niagara Escarpment
Commission and residents within 500 metres of the South Landfill.
Plantings on the Stage 4 slopes shall be included in the development of the
landsca'pe plan to further naturalize the views to provide a vegetated skyline tram
Wbodend Conservation Area, the Skyway Bridge and Maplehurst. Plant material
is to be largely Comprised of native and indigenous coniferous and deciduous'
trees that win be visible tfom Wood end Conservation Area, the Skyway Bridge
and Maplehurs~ as they mature.
Compliance, Transparency and Accountability
12. The proponent shall permit an Environmental Inspector (which includes other
, appropriate technical expert(s)) employed by the MOE to inspect the South
Landfill, during hours of waste disposal operations on such terms and conditions,
after consultation with the proponent, as deemed appropriate by the District
Manager and, tor greater certainty:
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(a) the proponent shall provide the Environmental Inspector with adequate
office facilities, including a telephone, and a computer, for use when at
the South Landfill, and appropriate arrangements for on-site
transportation;
(b) the proponent shall, on a semi-annual basis, reimburse MOE for the
reasonable costs of the Environmental Inspector and associated
~xpenses.
13. Implementation of condition 12 shall be required of the proponent in accordance
with the following conditions:
(a) The proponent 'shall undertake an air space survey of the bottom and top
waste contours to determine the estimated air space used for waste
disposal in the prior six months. The air space survey shall include daily
cover material and shall take into account settlement. The first air space
survey shall be undertaken six months after waste is first received at the
South Landfill. The proponent shall undertake further air space surveys
every six months after the completion of the first air space survey.
(b) Wastes which the proponent has been ordered to dispose of at the South
Landfill by any ministry, department or agency of the federal or Provincial
Crown shall be excluded from the air space survey calculations.
(c) Each air space survey shall be conducted by an Ontario Land Surveyor or
other qualified consultant and such air space survey shall be confirmed
by the District Manager. The proponent shall keep. a copy of each air
space survey on-site and make them avai'lable to M<?E personnel.
, (d) Based on the annual rate of waste received at the South Landfill reflected
by the most recent air space survey, the proponent shall provide funding
equivaleflt for an Environmental Inspector being on-site for the following
number of days per week as shown in the Table below:
Funding Equivalent to Number of
Days Per Week the
Environmental Inspector may
inspect the Site
1
2
3
4
5
Annual Rate Waste Received at
South Landfill in Cubic Metres
o u to 500',000
500,000 u to 650,000
650,000. u to 800,000
800,000 u to 950,000
950,000 or m,ore
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(e)
Notwithstanding condition 13(d), the requirement for an Environmental
Inspector shall not commence until the annual rate of waste received at
the South Landfill is equal to or greater than 350,000 cubic metres.
(f)
Notwithstanding conditions 13( d) and 13( e), upon the commencement of
the construction of the South Landfill, the DistriCt Manager may require
funds for an Environmental Inspector to be on-site up to one day per
week.
14. Notwithstanding condition 13, the Environmental Inspector may, in consultation
with the proponent, be increased, reduced, suspended or terminated on such
terms and conditions as deem~d appropriate by the District Manager and, for
greater certainty, the District Manager may require an Environmental Inspector to
be on-site for up to five days per week in cases of apparent significant non-
compliance with condition 2 above until such non-compliance is resolved.
15. If the Environmental Inspector is terminated, the District Manager may require
the proponent to develop a "Transparency and Accountability Plan" which sets a
framework for public access to environmental performance reporting relating to
the South. Landfill and alternative performance measures program.
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16. The proponent shall include as part of the annual monitoring report for the South
Landfill an assessment of the effe<;:tiveness of the Compliance, Transparency
. and Accountability program implemented at the South Landfill and make
. recommendations for changes in funding, frequency or application of the
program.
Dated the 22 NO day of. S'EPTE"MSeJ< 2006 at TORONTO.
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Minister of the Environment
135 St. Clair Avenue West, 12th Floor
Toronto, Ontario
M4V 1P5
Approved by a.c. No. 2:?5fo I ZtXfo
Date O.C. Approved NOv.. IS. 2lXXo
I
News Release
Communique
~ Ontario
Ministry of
the Environment
Ministere de
l'Environnement
F or Immediate Release
November 16,2006
NIAGARA WASTE SYSTEMS LANDFILL EXPANSION RECEIVES
ENVIRONMENTAL APPROVAL
Will Take Industrial And Commercial Waste Under Strict Environmental Conditions
TORONTO - The proposed Niagara Waste Systems landfill expansion in Niagara Region has
received environmental assessment approval, with conditions, Environment Minister Laurel
Broten announced today.
"My priority is to protect Ontario's environment and my goal is to ensure that any new proposal
for a landfill in the province meets the strictest environmental rules," Broten said, "To that end, I
have imposed several conditions on the approval to ensure the Niagara Escarpment, the
surrounding watershed and the region's communities are protected."
The landfill has been approved to take up to 850,000 tonnes of waste per year, which will help to
address the demand for disposal capacity for the industrial, commercial and institution (IC&I)
sectors. Approximately four million tonnes of IC&I waste goes to landfills in Ontario each year,
About three-quarters of the waste received by private landfills comes from the IC&I sectors.
The site is also approved to accept municipal solid waste. Approximately 100,000 tonnes of the
site's approved capacity must be reserved annually for the Region's municipal waste.
The environmental approval comes with the following conditions:
· The proponent must undertake a study to assess potential water quality changes to the
Welland Canal, including mitigation measures, This study must be completed before the
proponent can proceed to seek further technical approvals.
· A Ministry of the Environment inspector will be on-site to monitor the landfill operations.
The inspector's monitoring efforts will increase as the landfill becomes larger.
· The proponent must submit annual environmental assessment compliance reports to the
ministry to demonstrate how it fulfilled its commitments to mitigation measures and
conditions of approval.
· A public liaison committee, which has been in place since 1994, will continue to operate in
order to provide a forum for the exchange of information about both the existing and the new
landfill.
Before Niagara Waste Systems can proceed, the landfill proposal must be reviewed and
approved by the ministry under the Environmental Protection Act and Ontario Water Resources
Act.
"The proponent has done a good job of evaluating the scientific and technical matters
surrounding the proposed site," Broten said, "The current landfill is a well-run operation and we
will ensure this expanded landfill operates in a safe and environmentally sound manner."
The landfill, located near Niagara Falls on Thorold Townline Road, will be built on the site of
Niagara Waste Systems Ltd, ' s depleted south quarry next to its existing landfill, which has about
three more years of capacity. The landfill will be constructed in four main stages, roughly of
similar capacity and duration. Each stage will be rehabilitated with soil cover and vegetation as it
reaches its capacity.
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Contact information for media:
John Steele, (416) 314-6666
Ministry of the Environment
Anne O'Hagan, (416) 325-5809
Minister's Office
Contact information for the general public:
416-325-4000 or 1-800-565-4923/ www.ene.gov.on.ca
Disponible en franyais
2
From:
To:
Date:
Subject:
Andrew Bryce
Dean lorfida
3/1/20074:04:32 PM
Fwd: cottage dwelling rezoning 9268 Lundy's Lane
Dean, attached is a request from Mr. Ken Moore to defer the public meeting on his item (File AM-
43/2006), which was scheduled to be heard on March 5. Please let me know if you need anything further
on this.
Sincerely, Andrew Bryce
>>> KenDebAdam Moore <algarlibbymoore@yahoo.com> 3/1/2007 3:53 PM >>>
Attn: Andrew Bryce City of Niagara Falls
Please cancel the rezoning meeting for March 5,2007 ...1 am away and out of the country and my return
has been delayed until after March 5, 2007. I will call you after March 24,2007 to reschedule. Please
notify Dean lorfida to have him change Monday's agenda. I have notified Brian Sinclair and he is aware of
the change. If you need need a letter from him please call his office at 905 3567755 or Toni Golfi at 905
3585846or9053284096
Thank-you in advance for your assistance.
Respectfully submitted
Ken Moore
p.s, My e-mail isalgarlibbymoore@yahoo.com
Get your own web address.
Have a HUGE year through Yahoo! Small Business.
cc:
Darbyson, Doug; Mech, Ken
From:
To:
Date:
Subject:
"drino terriaca" <drino@sympatico.ca>
<diorfida@niagarafalls.ca>
3/1/2007 4:34:35 PM
Proposed Maintaining Land/Clean and Clear Condition By-law
Hello Mr. lorfida, My Name is Alesandrino Terriaca. I reside at 2945 St.
Patrick Ave. Niagara Falls ON. I have read a copy of the proposed draft
by-law, which is to replace the current one, No. 96-32. I am in favor of
the new by-law to maintain land in a clean and clear condition.
Thank you, Alesandrino Terriaca
From:
To:
Date:
Subject:
Laura Maccarl <LauraMaccarl@niagarafallshydro.on.ca>
<DIORFI DA@NIAGARAFALLS,CA>
3/1/2007 12:23:14 PM
RE: LAW CLEAN & CLEAR CONDITION BY-LAW
ATTENTION: DEAN IORFIDA - CITY CLERK
I would like to appear as a deputation before city council regarding the "clean & clear condition by-law"
March 5, 2007. I would like to touch upon the fact that this amendment will help clear up an ongoing
problem in ours, and many r neighborhoods.
Sincerely
Syliva & Tony Terriaca
6639 Stamford Green Dr
Niagara Falls ON
L2J 1 T9
-law
From:
To:
Date:
Subject:
<Catharine.Arenburg@patheon.com>
<diorfida@niagarafalls.ca>, <jcatrilli@niagarafalls.ca>
3/5/2007 10:55 AM
FW: Proposed By-law
Dear Mr, lorfida,
I was just speaking to John Castrilli and had asked me to send an
amendment to the emaH below. If tackling the whole rural area is not
feasible, what if the by-law had a property size limit for rural areas?
If the by-law states rural areas under 3 acres, would this be a
manageable size for the by-law employees to handle? Hopefully if this
is part of the by-law, it would address my problem as well as other
property owners of small acreage. I am disappointed I will not be able
to attend this meeting,
Thank you,
Cathy Arenburg
\
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-law
From:
To:
Date:
Subject:
<Catharine.Arenburg@patheon.com>
<diorfida@niagarafalls.ca>
3/5/2007 10:41 AM
FW: Proposed By-law
cc:
<icastrilli@niagarafalls.ca>
From: Arenburg, Catharine
Sent: Monday, March 05, 2007 10:38 AM
To: 'icastrilli@niagarafalls.ca'
Cc: 'jdiodati@niagarafalls.ca'; 'Christel Meyer'
Subject: Proposed By-law
Importance: High
Dear Mr. Castrilli,
I was given your name as well as an announcement of the meeting tonight
regarding the proposed by-law; maintaining land in a clean and clear
condition. Unfortunately I will not be able to attend this meeting to
voice my concern due to a prior commitment.
I have spoken to Christel Meyer on several occasions regarding our
neighbour, ill - .1. She has gone out to assess my concerns
only to find she is unable to address the problems due to loopholes in
the by-laws as written.
My concern regarding this proposed new by-law is that it will only
address problems within city limits. Since we live in a rural area,
this by-law will not pertain to me. Mr. lives on property that
is approximately 1.5 acres and has a 42 foot transport trailer, still on
wheels that he is now using as a chicken coop! It is a horrible
eye-sore. If this by-law goes through as written, it will not pertain
to our area because of the rural zoning. Please re-consider this by-law
to include rural areas. He also has an old sailboat beside the transport
trailer and as long as he keeps a tarp on it, they can't do anything
about this either, He is bringing down the property values of everyone
surrounding his property and this is not fair.
I live at 3620 Detenbeck Rd., Niagara Falls, and Mr. 17 ~ lives
around the corner .dJ 11 V Jd ~ . The average
size properties surrounding Mr. home are all approx, 1,5 to
2.0 acres. His lot backs onto the side of mine, as well as 3 other
properties that surround him,
In closing, please reconsider this proposed by-law to include rural
properties as well.
I thank you for your attention to this matter.
Cathy Arenburg
This e-mail communication (including any attachment) is for the sole use of the intended recipients and
may contain confidential and/or privileged information, Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not an intended recipient please notify the sender immediately by reply
e-mail and delete or destroy the original e-mail communication and any copy. Thank you for your
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, ~;.i: - :~;"~t
~IXj.: ,
From:
To:
Date:
Subject:
"Downtown Board of Management" <bia@niagarafallsdowntown.com>
"Dean lorfida" <diorfida@city,niagarafalls.on.ca>
2/28/2007 2:28: 16 PM
Candlelight Stroll--street closure
Hi Dean:
Some background to the Board's January 23-07 letter.
In October of 2005 Sue Forcier announced that the City of Niagara Falls was entering in the Communities
in Bloom WinterLights Competition and that the City was partnering with the WFOL (administrative) and
asking for BIA support (copy of email below). In 2005 the City of Niagara Falls received the silver award in
this national competition.
In late August 2006, the WFOL approached the Downtown BIA (myself at a meeting) to include a
Candlelight Stroll to the WinterLights Competition--the Board (at a regular meeting) agreed that they
really liked the concept (costs were unknown, however expected to be small--the WFOL indicated that
they would take care of closing Queen Street). The WFOL paid for the street closure (arranged through
Sue Wheeler, I think) $491.12 and then asked that the Downtown BIA re-imburse them for the cost (as I
now understand through the WFOL and yourself that they cannot "freely" close a street), however the
Board felt (and still feels )that community-involvement events such as the Candlelight Stroll with all
proceeds to Project Share that the City's involvement should include any street closure fees. In 2006 the
City of Niagara Falls placed 1st in the Over 50,000 category with special recognition for Dynamic
Collaboration of all Sectors of the Community and it is my understanding that the City has granted
permission to enter the Winners Circle Competition.
I trust this sheds some light as to the waive/re-imbursement of the WFOL for the December 9-06 street
closure expense and why the Board feels that the City should waive street closure fees for such events
(City initiated and we won!!)
Thank you
Dorothy Duncan, Administrator
Downtown Board of Management
4400 Queen Street, Unit #6
905-354-0606
email from Sue Forcier--sent October 5,2005
Good Morning Dorothy & Sue:
The City of Niagara Falls is entering in the Communities in Bloom National Winterlights Competition. We
are partnering with the Winterfestival of Lights for this endeavour as they will be taking part in the
administrative aspect; however, the City of Niagara Falls will be taking the lead role on this venture. We
are asking that other Community Partners come on board. The BlAis playa major role in in this
Community along with their long standing community support of the Winter Festival of Lights, thus, your
presence on this Committee would be beneficial.
Other partners included are Cogeco, Winter Festival of Lights, Chamber of Commerce, Niagara Falls
Hydro, City of Niagara Falls, Lundy's Lane BIA, Niagara Parks Commission and The Park in the City.
Our first meeting will be Wednesday, October 5, 2005 at 2:30 pm at the MacBain Community Centre and
our hope is that the BIA will join our Committee as our City embarks on this National Competition.
WinterLights Celebrations is a national competition encouraging municipalities, large and small throughout
Canada, to celebrate light with decorative, cultural and spiritual programs, with the objective of creating
attractions for tourism from within Canada and abroad,
Star Rating grading system is similar to the Bloom Rating used in the Communities in Bloom program
which the City of Niagara Falls will be entering in 2007,
Thank you for your consideration with this request and I look forward to working with you on this
opportunity to showcase Niagara nationally.
Kind Regards,
Sue Forcier
Community Development Coordinator
City of Niagara Falls
Tel: 905-356-7521 ext.3336
Fax: 905-356-7404
E-mail: sforcier@niagarafalls.ca
4625 ONTARIO AVE.
P.O. BOX 891
NIAGARA FALLS, ON
CANADA L2E 6V6
TEL (905) 356-2621
FAX (905) 356.6904
broderlckpartners.com
J.J. BRODERICK
~C., L.S.M.
Law Society Certified
CivU Litigation Specialist
W.!. AMADIO
J.B. HOPKINS
G.!. KIRKHAM
LM. GB..BERTI
Fluent In Italian &. French
R. B. BURNS
E.P. LUSTIG
M. DiGIROLAMO
D. F. MARINELLI
(1945 . 1997)
BARRISTERS AN D SOLICITORS
it ~~~~;_~~~I~
March 5, 2007
HAND DELIVERED
City of Niagara Falls,
4310 Queen Street,
Niagara Falls, Ontario.
L2E 6X5
Attention: Mr. Dean lorfida, City Clerk
Dear Sir:
. RE: NIAGARA FALLS HYDRO INC.
In order to carry out the intention of City Council in their meeting on the
19th of February to appoint Councillors loannoni and Thomson to the
Board of Directors of Niagara Falls Hydro Inc., it is necessary that a
Resolution of the Directors of that Company, Niagara Falls Hydro Holding
Corporation, be passed to make these appointments.
We attach a form of Resolution for the consideration of the Directors of
Niagara Falls Hydro Holding Corporation. It would be appropriate for this
to be signed by all the Directors (who also happen to be all the members
of City Council). We would ask that you attend to this and return the
executed document to us at your early convenience.
We would be pleased to answer any questions.
Yours truly,
BRODERICK & PARTNERS LLP
Per: ~
IJO~ HOPKI~S)
r
<;
JBH:lp
Enc!.
c.c. Mr. Brian Wilkie
o
RESOLUTION OF THE DIRECTORS
OF
NIAGARA FALLS HYDRO HOLDING CORPORATION
WHEREAS pursuant to the Shareholders Declaration of the Corporation, Niagara Falls
Hydro Holding Corporation shall choose the Directors of its subsidiaries.
AND WHEREAS Niagara Falls Hydro Inc. is a subsidiary of Niagara Falls Hydro Holdings
Corporation.
AND WHEREAS the Directors may pass Resolutions in writing signed by all the
Directors entitled to vote at a meeting of Directors of the Corporation.
NOW THEREFORE BE IT RESOLVED THAT:
1 .
The following persons are appointed as Directors of Niagara Falls Hydro Inc.:
f:,'.:.~J
'~-
Carolynn loannoni
Wayne Thomson
2.
The effective date of this Resolution shall be 19 February, 2007.
Consented to by all the Directors of the Corporation pursuant to Section 129( 1) of the
Business Corporations Act of Ontario.
Ted Salci (Mayor)
Jim Diodati (Councillor)
Shirley Fisher (Councillor)
Carolynn loannoni (Councillor)
Vince Kerrio (Councillor)
Bart Maves (Councillor)
Victor Pietrangelo (Councillor)
Wayne Thomson (Councillor)
L-.J Janice Wing (Councillor)
<...-j
From:
To:
Date:
Subject:
IIJulius Banfai" <jbanfai@vaxxine.com>
lIIDean lorfida'" <diorfida@niagarafalls.ca>
3/4/2007 4: 12 PM
RE: Niagara District Airport Commission
That's what I gathered. I should have been clearer in saying that
Niagara Falls is doing it properly this year but if the others are
following the 'old' method, then there's not much sense in 'electing' a
board. It appears that the other municipalities either don't care, are
oblivious to the importance of this function or worse. Either way, they
are completely missing the boat in what's happening here.
Perhaps with a stronger board, flight operations would not be shut down
for days on end so the runways could be converted to an automobile test
track, as now seems to be happening. The Weiland Airport or even Grimsby
is starting to look attractive.
Local municipalities should be concerned about the future of Niagara
District. live flown into much lesser airports that offer much greater
services... at the very least, a decent coffee shop. In fact, Niagara
District hosts many VIP's who come to the area but remains a rather
embarrassing gateway to Niagara Falls/St. Catharines/NOTL.
In addition - and please know this is not a criticism of the person but
in the system - the airport Administrator also happens to be the
President of the St. Catharines Flying Club, which is a direct
competitor to at least one other business on the field. How is this
justified?
Julius
-----Original Message-----
From: Dean lorfida [mailto:diorfida@niagarafalls,ca]
Sent: Sunday, March 04, 2007 3:44 PM
To: Julius Banfai
Subject: RE: Niagara District Airport Commission
Actually, the proposed new process eliminates that situation, City of
Niagara Falls did not include the recommendations of the GM and
Administrator. Unfortunately, the other 3 municipalities followed the
1I01d" process.
>>> "Julius Banfai" <jbanfai@vaxxine.com> 3/4/2007 3:40 PM >>>
Thanks Dean, Clearly I missed the list but at least I know. Glad I
asked.
There appears to be a conflict of interest in the selection process,
if
~1~l~!~:9mQZIJ2.~~:5I2.ffr~~~..::B:~~..:~J~.a~:E~::.~I~.!Efs!,:e;IEe,2'~,::f:gIfffJ)I~~I2B,'::',:,:::,::::::::::'::::::::::::'"
I understand your report correctly.
If the Airport General Manager and Administrator are involved in the
selection process, then the board is, in essence, working for the
airport management. Any board I've ever been on, the management
reported to a board that was not selected by the management, providing
a
clear lineage of who is beholden to whom. This is a case of the tail
wagging the dog. Now I realize why the airport is underutilized.
Julius
-----Original Message-----
From: Dean lorfida [mailto:diorfida@niagarafalls.ca]
Sent: Sunday, March 04, 2007 2:52 PM
To: jbanfai@vaxxine,com
Subject: Niagara District Airport Commission
Hi Julius:
Thanks for your patience. In fact, the citizen appointments for the
NDAC have not been made yet. They go before Council on Monday (March
5th).
Attached please find the report that partly explains the delay.
If you have any questions, feel free to contact me.
Dean
A while ago, I had submitted my name for a Niagara Falls rep for the
Niagara District Airport Commission. I have not even received an
acknowledgement that you had received the application. The selection
was
to have been made some time ago yet I can not find anywhere as to who
was picked. Can you please advise me and if I was missed, then it
would
be good to know that too. Thank you.
Julius Banfai
357-1326
HYPERLI N K "mailto:jbanfai@vaxxine.com"jbanfai@vaxxine.com
Arts & Culture Committee (1)
Recreation Committee (1)
Niagara Parks Commission (1)
Mayor' s Youth Advisory Committee (1)
Trails & Bikeway Committee (1)
Municipal Heritage Committee (1)
Niagara Falls Hydro (2)
Councillor Ioannoni
Councillor Diodati
Councillor Kerrio
Mayor Salci
Councillor Diodati
Councillor Wing
Councillor Ioannoni
Councillor Thomson
Boys & Girls Club Board (1)
Armoury Advisory Committee (3)
Councillor Ioannoni
Councillor Kerrio
Councillor Maves
Board of Musewns (1)
Niagara Falls Tourism (2 + Mayor)
Councillor Kerrio
Mayor Sa1ci
Councillor Diodati
Councillor Maves
Adult Entertainment Appeals Committee
(3)
Councillor Diodati
Councillor Ioannoni
Councillor Maves
Project Share Board (1)
Niagara Falls Library Board (1)
Niagara Falls Illumination Board (1 +
Mayor)
Winter Festival of Lights Board (2)
Councillor Maves
Councillor Fisher
Mayor Salci
Councillor Maves
Councillor Diodati
Councillor Thomson
Downtown BIA (1)
Clifton Hill BIA (1)
Lundy's Lane BIA (1)
Main & Ferry BIA (1)
Victoria Centre BIA (1)
Mayor Salci
Councillor Fisher
Councillor Wing
Councillor Wing
Councillor Kerrio
Fallsview BIA (1) Councillor Thomson
Niagara District Airport Commission (1) Councillor Wing
Regional Transportation Strategy (1) Councillor Wing
Regional Greater Niagara Circle Route Councillor Wing
Committee
Community Centre Steering Committee (1) Councillor Pietrangelo
Human Resources Committee (3 + Mayor) Mayor Salci
Councillor Kerrio
Councillor Maves
Councillor Fisher
Service Delivery Review Committee (2 + Mayor SaIci
Mayor) Councillor Kerrio
Councillor Pietrangelo
~
CITY OF NIAGARA FALLS
By-law No. 2007 -
A by-law to authorize the execution of an Agreement with the Canadian National Railway Company
and The Regional Municipality of Niagara respecting an Agreement with the Canadian National
Railway Company to construct a sidewalk at grade across the right-of-way and track of the Canadian
National Railway Company.
THE COUNCIL OF THE CORPORATION OFTHE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreement dated the 5th day of March, 2007, and made between the Canadian National
Railway Company as Railway, The Regional Municipality of Niagara as Road Authority, and
The Corporation of the City of Niagara Falls as City, respecting an agreement with the
Canadian National Railway Company to construct a sidewalk at grade across the right-of-
way and track of the Canadian National Railway Company, as attached hereto, is hereby
approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Agreement.
Passed this 5th day of March, 2007.
............ <II ....... ..................................................... <II......... .................... ... ..........
DEAN IORFIDA, CITY CLERK
R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
March 5, 2007
March 5,2007
March 5, 2007
STANDARD CROSSING RECONSTRUCTION AGREEMENT
THIS AGREEMENT effective as of the
SEVEN.
day of
I TWO THOUSAND AND
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
(hereinafter called the "Railway")
- and -
THE REGIONAL MUNICIPALITY OF NIAGARA
in the Province of Ontario
(hereinafter called the "Road Authority")
and-
THE CORPORATION OF THE CITY OF NIAGARA FALLS
in the Region of Niagara
and Province of Ontario
(hereinafter called the II City")
WHEREAS Order No. 101547 of the Board of Transport Commissioners for Canada} dated the 20th day
of June, 1960, ordered the Township of Stamford to widen Highway No.8 (hereinafter the "highway"),
which included the construction of a sidewalk to the north of Highway No.8, where it crosses at grade
the right-of-way and track of the Railway at mileage 1.21 on the WeIland Subdivision, (hereinafter the
U crossing") in the Township of Stamford, in the Province of Ontario;
AND WHEREAS the jurisdiction for Highway No.8, now known as Regional Road 57 (Thorold Stone
Road), has been transferred to The Regional Munidpality of Niagara;
AND WHEREAS the Railway reference of the crossing has been changed from mileage 1.21 on the
WeIland Subdivision, to mileage 30.41 on the Stamford Subdivision;
AND WHEREAS it is the City's intent to reconstruct the crossing, by constructing a sidewalk at grade
across the right-of-way and track of the Railway at mileage 30.41 on the Stamford Subdivision, and to
the south of the highway, in the City of Niagara Falls, in the Province of Ontario, as shown on Plan No.
CC-4450, Rev. 3, dated 08/10/01, or any subsequent version approved by the Railway (hereinafter the
Plan), attached hereto as Appendix I and forming part hereof;
AND WHEREAS the Road Authority is the senior party at this location;
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Page 1 of 5
W:\l.J\ W\W 1/'.'WORD,CinVllMa\Apprllnl", to Fonn\.10.41 Stamford ..R..giul\1I1 &\lld ~7 _ R..",n.tructiM.d<lc
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants
and agreements herein and subject to the terms and conditions set out in this Agreement, the parties
agree as follows:
1. The City will ensure that the plans for the crossing and any subsequent revisions are submitted to
and approved by the Railway prior to the commencement of construction.
2. The City will carry out the work as shown on the Plan, and in accordance with Railway
requirements respecting safe railway operations. Prior to the commencement of construction, the
City will sign the Railway's Right of Entry Form, on its behalf and on behalf of its agents, as it
pertains to the construction (attached hereto as Appendix II and forming part hereof),
3. The parties are required to fulfill their respective obligations under the Railway Safety Act. For the
purposes of the Railway Safety Act, the City is considered to be the proposing party (hereinafter the
If proponent").
4. The physical work associated with the construction and maintenance of the approaches to the
south sidewalk of the crossing (hereinafter the "south sidewalk'F) shall be the responsibility of the
City at its sole cost.
5. The physical work associated with the maintenance of the approaches to the north sidewalk of the
crossing (hereinafter the "north sidewalk") shall be the responsibility of the City at its sole cost.
6. The physical work associated with the maintenance of the approaches to the crossing, not including
the north sidewalk and the south sidewalk, shall be the responsibility of the Road Authority at its
sole cost.
7. The physical work associated with the construction and maintenance of the south sidewalk crossing
surface, as defined in Appendix III, shall be the responsibility of the Railway. All costs associated
with the construction and maintenance of the south sidewalk crossing surface shall be paid by the
City. All costs associated with the installation/reconstruction and maintenance of a premium south
sidewalk crossing surface, consisting of Zebratrack panels, will be paid by the City.
8. The physical work associated with the maintenance of the north sidewalk crossing surface, as
defined in Appendix III, shall be the responsibility of the Railway. All costs associated with the
maintenance of the north sidewalk crossing surface shall be paid by the City. All costs associated
with the reconstruction and maintenance of a premium north sidewalk crossing surface, consisting
of Hi-rail rubber panels, will be paid by the City.
9. The physical work associated with the maintenance of the crossing surface, not including the north
sidewalk and the south sidewalk, as defined in Appendix III, shall be the responsibility of the
Railway. The cost of maintenance will remain as is currently in effect, that is, 50% paid by the
Railway and 50% paid by the Road Authority. All costs associated with the reconstruction and
maintenance of a premium crossing surface, consisting of Hi-rail rubber panels, will be paid by the
Road Authority.
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Page 2 of 5
W:\LA\'Ir'\WINWORD\CluVQn",,\Approv~1 a& t<l Fom.\.111.41 51"lnf",d _ RellK""I Road 5i _R""lnstruclion.d<lc
10. The cost of relocating or modifying the existing crossing warning system, made necessary by
construction of the south sidewalk, shall be paid by the City. The cost of maintenance of the
existing crossing warning system will remain as is currently in effect, that is, 50% paid by the
Railway and 50% paid by the Road Authority.
11. All initial and on-going sight line clearing is to be in accordance with Transport Canada Crossing
Regulations and RID 10 (or any subsequent amendment thereof). Each party will be responsible
for the physical work associated with the sight line clearing of their own property. The physical
work associated with the sight line clearing of private property shall be the responsibility of the
Road Authority. Costs associated with the sight line clearing of railway property shall be paid by
the Railway. Costs associated with the sight line clearing of Road Authority property shall be paid
by the Road Authority. Costs associated with the sight line clearing of private property shall be
paid by the Road Authority.
12. The Railway shall prepare all accounts for work performed by the Railway using rates as stipulated
in the latest Guide to Railway Charges for Crossing Maintenance and Construction as issued by the
Canadian Transportation Agency. In the event that the Canadian Transportation Agency should
discontinue publishing same, the accounts shall be based the Railway's costs including overheads.
13. Should there be a requirement for a new or improved crossing warning system beyond what is
currently in place, at any time during the continuance of this Agreement, the terms associated with
its installation and future maintenance will be agreed to by all parties in a separate agreement.
14. If at any time during the continuance of this Agreement any party wishes to widen, relocate, make
more narrow, or otherwise upgrade the crossing (the llreconstruction"), the terms associated with
the reconstruction will be agreed to by all parties in a separate agreement.
15. This Agreement shall be governed by and construed in accordance with the laws of the Province of
Ontario and all applicable federal laws and regulations.
16. This Agreement is not assignable without the prior written consent of all parties which consent will
not be unreasonably withheld. Notwithstanding the above, in the event of the transfer of its line
for continued operations, the Railway will have the right to assign this Agreement to any
subsequent owner. The Road Authority will also have the right to assign responsibility for the
highway to another road authority on condition that the highway maintains its public status. The
Oty will also have the right to assign responsibility for the north sidewalk and the south sidewalk
to another party on condition that the north sidewalk and the south sidewalk maintain their public
status.
17. This Agreement shall become effective on the date appearing on page 1 of this Agreement and shall
continue until either the Railway discontinues its operations, or the Road Authority closes the
highway, and the City closes the north sidewalk and the south sidewalk, at this location, or upon
the written consent of all parties.
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Page 3 of 5
W,\1,A W\WINWORD.Ckw.nt\a\Af'pt'<.l\'~Illt' fa rorm'.'W.41 Sl.lll\(ord_R.IlI<lMI R<14d ~7~R<<<IMlrltdlon.d<",
18. Upon termination of this Agreement, the Oty shall be responsible for all future costs associated
with the existence of the north sidewalk and the south sidewalk, including the cost of maintaining
the north sidewalk and the south sidewalk, or dismantling the north sidewalk and the south
sidewalk and restoring the Railway and Road Authority property to its original or mutually agreed
upon condition.
19. With the exception of clause 18, upon termination of this Agreement, the Road Authority shall be
responsible for all future costs associated with the existence of the crossing, including the cost of
maintaining the crossing or dismantling the crossing and restoring the Railway and Road Authority
property to its original or mutually agreed upon condition.
20. Notwithstanding the termination of this Agreement, the obligations of the City and t~e Road
Authority as to clauses 18 and 19 set forth in this Agreement shall survive any such termination and
shall remain in force until discharged.
21. Upon execution, the Railway may file this Agreement with the Canadian Transportation Agency.
22. Subject to clause 21, this Agreement is confidential and the Agreement or any of its terms and
conditions shall not be disclosed to any other party, person or association except and to the extent
as may be required by law or upon the prior written consent of all parties hereto.
23. If any party fails, at any time, to fulfill its obligations provided in the present Agreement, the other
parties, at their option, may upon reasonable notice, undertake the necessary measures to ensure
safety, at the risk and expense of the responsible party as defined in clauses 4, 5, 6, 7, 8,9,10, and 11.
24. Any dispute relating to the wording and interpretation of the clauses in this Agreement will be
resolved in accordance with the arbitration act of the province in which the crossing is located.
25. The preamble to this Agreement forms an integral part of the Agreement.
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Page 4 of 5
w." AW\\oJftJwnRrA(',",v~"",,\AnDMV.( all 10 Furm\10Al Stamrord Jl.l,~"n41 Ro~d 57 R~(,(\l1Atructiolul(lC
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed by their respective
representatives hereunto duly authorized, as they declare, as of the date first above written,
CANADIAN NATIONAL RAILWAY COMPANY
(Signature)
APPROVED
AS TO FORM
n '11
), l I-
16 U A
(Ti tie)
(Witness)
(Date)
THE REGIONAL MUNICIPALITY OF NIAGARA
(Signature)
(Title)
(Witness)
(Date)
THE CORPORATION OF THE CITY OF NIAGARA FALLS
(Signa'ture)
(Title)
(Witness)
(Date)
Page 5 of 5
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Appendix II
RIGHT OF ENTRY FORM FOR CONTRAcrORS
General Conditions
1. "Railroad" refers to Canadian National Railway Company or
such of its affiliates or associates (within the meaning ascribed to
those terms under the Canada Business Corporations Act) to
whose property this Authorization and Consent relates.
2. This Agreement is entered into as of this [date]
between Railroad, having its registered
office at 935 de la Gauchetiere West, Montreal, Quebec. H3B
2M9, and the Corporation of the City of Niagara Falls
("Company"), having a place of business at 4310 Queen Street,
P.O. Box 1023, Niagara Falls, ON, L2E 6X5.
3- The Railroad, solely to the extent of its right, title and interest,
without any warranty, expressed or implied, at law, under
contract or otherwise, hereby grants to Company and its
authorized employees, servants, agents or contractors,
Authorization and Consent to enter upon the property
described under Exhibit "AU hereto (the "Railroad property") for
the sole purpose described under Exhibit "A" hereto.
4. This Authorization and Consent shall terminate forthwith upon
expiration of the term noted in Exhibit "AU hereto, it being
understood that Railroad shall have entire discretion to revoke
this Authorization and Consent at any time prior to the
expiration of the term, upon notice to that effect to the
Company, which notice shall be effective forthwith upon receipt
by the Company or at such later date indicated by Railroad in
the aforesaid notice.
5. The Railroad grants this consent subject to the understanding
that Company and its authorized employees, servants, agents or
contractors who enter upon Railroad property will:
5.1. See that any activities conducted on said Railroad property
are done in a good workmanlike manner, in compliance
with applicable laws, statutes, regulations, policies,
directives, orders, approvals and other legal requirements
and in such manner and at such time as not to obstruct
or interfere with Railroad's operation, trains or the
functioning of its signal and communications systems or
any fiber optic cable system or unduly delay the safe
passage of Railroad's trains;
5.2. Observe, abide by and comply with any and all guidelines,
directives and policies adopted from time to time by
Railroad including, without limitation (i) Railroad's drug
and alcohol policy; and (ii) Safety and Related
Requirements and Instructions for Work on Railway Right-
of-Way ("CN Right-of~Wayf<) by Non~CN Personnel; and
5.3. Return said Railroad property to the same condition,
reasonable wear and tear excepted, as existed prior to
such work. failing which Railroad, after providing written
notice to Company, and allowing Company a reasonable
amount of time to return the Railroad property to the
same condition, may do so at Company's sole cost and
expense.
5.4. Take due precautions against injury and damage to
persons or property located upon said Railroad property.
6. Railroad shall have the right to restrict Company's activity on
Railroad's property in any way that Railroad may deem
necessary from time to time to assure normal railroad
operations or for. safety reasons and, after consultation with
Company, shall also have the right to require Company, its
authorized employees, servants, agents or contractors to
comply with Railroad's instructions and take any safety
precautions that Railroad may reasonably deem necessary from
time to time. No work shall be performed or equipment
located within thirty (30) feet of the centerline of the nearest
railroad track without flagging protection being provided by
Railroad, at the Company's expense. (exemptions may apply as
authorized by system safety dept). Said work must be arranged
no less than thirty (30) business days in advance of starting
work.
Indemnity
7. Company agrees to indemnify and save harmless Railroad, its
affiliates and associates (within the meaning ascribed to those
terms under the Canada business Corporations Act)and their
employees, servants, and agents (collectively the "Indemnitee")
from and against claims, demands, suits, judgments, actions,
liens and othN encumbrances, settlements, liability, costs and
expenses (including, without limitation, court costs, experts' fees
and attorneys' fees) when the injury, death, damage, foss or
destruction is caused by the breach of contract or warranty,
violation of statute, intentional misconduct or negligent act or
omission of the Company, its employees, agents, contractors or
subcontractors or when such act or omission is the kind for
which one is made strictly liable, whether such claim arises in
equity, at common law, or by statute, or under the law of
contracts, torts (including without limitation, negligence and
strict liability without regard to fault) or property of every kind
or character (including Railroad property) ("Claims") and
including, without limitation, Claims for personal injury or
bodily injury to or death of any person, emotional distress, real
and personal property damage and including derivative,
consequential, indirect damages and economic loss, and also
including, without limitation, Claims arising in favor of or
brought by any of Company's employees. agents, contractors or
representatives, or by any governmental agency or any other
third party. Company shall not, however, be responsible for any
such Claims to the extent it is solely caused by the gross
negligence or wilful misconduct of the Indemnitee.
Insurance
(Required when Company accesses the property with equipment,
including vehicles)
8. Company, its contractors or any subcontractors, shall each
provide and keep in force and effect throughout the term of
this Authorization and Consent:
8.1. Commercial General Liability insurance in an amount of
no less than ten million dollars ($10,000,000), or such
other amounts as Railroad may reasonably require from
time to time, combined single limit for bodily/personal
injury including death and/or damage to or destruction of
property (including loss of use) caused by an accident or
an occurrence and also including contingent employers
liability, products and completed operations coverage,
non-owned automobile liability and contractual liability
endorsement specifically granting coverage for all liability
assumed under this agreement. This insurance shall name
Railroad as additional insured and shall contain cross
liability clause and shall specifically include liability for
operations within or around railroads and railway tracks;
8.2. Automobile Liability insurance on all licensed vehicles
owned by, hired, leased to or on behalf of the Company
in an amount no less than five million dollars
($5,000,000) per occurrence; and
8.3. If available in the jurisdiction covered by this Agreement
Worker's Compensation insurance in amounts not less
than the statutory limits and Employer's liability in an
amount no less than five million dollars ($5,000,000).
8.4. Company, it's contractors or sub-contractors will not
enter Railroad property without having obtained a
certificate certifying that it has obtained all of the
insurance coverage required hereunder. The Railroad may
at any time require the Company to furnish said certificate
and failure to so may result in removal from Railroad
property, cancellation of agreement and other
consequences including without limiting damages or
consequential losses resulting from the non-completion of
the work, as Railroad may determine. Said insurance shall
state that no material changes will be made to the
policies unless Railroad is given a prior written notice of
thirty (30) days before such change or cancellation. Any
insurance coverage required under the terms and
conditions of this contract shall in no manner restrict or
limit the liabilities assumed by Company nor shall they
release Company from any of its obligations under this
contract.
9. Company shall not have the right to transfer and/or assign this
Authorization and Consent or any of its rights hereunder
without Railroad's prior written consent. which consent
Railroad shall have entire discretion to withhold or delay.
1 O. This Authorization and Consent shall be governed by the laws
of the jurisdiction where Railroad property accessed under the
authority hereof is located, as noted under Exhibit "A" hereto.
The parties have executed this Agreement this
. 2007.
day of _
RAILROAD
(Signature)
Print Name:
Title:
COMPANY
(Signature)
Print Name:
Title:
Exhibit A
Right of Entry Form For Contractors
Railroad
property:
Umited Access
Purpose:
Mile 30.41 Stamford Subdivision
For the limited purpose of constructing a
sidewalk on the south side of Thorold Stone
Road.
Equipment Yes [81 Note: If access to the property
Involved involves equipment, including
(including vehicles. Company must provide
vehicles): and keep in force and effect
throughout the term of this
Authorization and Consent, the
insurance set forth under Section
8 hereof.
No 0
Term:
Railroad
Representative:
[name &
address]
Company
Representative:
[name &
address}
A term of [number of
days/months/years], ~eginning on
[commencement date]
and terminating on [termination date]
, unless sooner
terminated as provided hereunder.
Appendix III
Crosslng Surface
Not to be 'less tnan 8m. wide -1
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Travetted Width of Highway ; ~
~
1
t No Shoulders ~
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1
O.5m /
o C 0.5 m
Crossing Surface
Not to be less than 8m wide.
TraveUed Width of HighWay
VVtth Shoulders
"crossing" means any railway crossing of a highway at grade or any highway crossing of a railway at grade,
but does not include highway or railway approaches to a crossing surface;
"crossing surfaceu nleans the planking, pavement or other suitable material placed between the rails and to
the ends of the ties for the full width as illustrated above and specified below:
Crossing surface requirements:
When a crossing other than a pedestrian crossing is constructedt the crossing surface shall be in accordance
with the diagrams set out in Schedule 1 and shall have a width of
(a) 8 m. or
(b) the width of the highway and shoulders plus .5 m on each side of the highway and shoulders as
measured at the approaches to the crossing, whichever is the greater.
Note: These distances shall be measured at right angles to the centre line of the highway,
CITY OF NIAGARA FALLS
By-law No. 2007 -
A by-law to authorize the execution of an Agreement with Cogeco Cable Canada Inc.'respecting the
usage of the recordings created byCogeco Cable Canada Inc. for the purposes of web casting Council
Meeting coverage.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreement dated the 5th day of March, 2007, and made between Cogeco Cable Canada
Inc. as Cogeco and The Corporation of the City of Niagara Falls as City, respecting the usage
of the recordings created by Cogeco Cable Canada Inc. for the purposes of web casting
Council Meeting coverage, as attached hereto, is hereby approved and authorized,
2, The Mayor and Clerk are hereby authorized to execute the said Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Agreement.
Passed this 5th day of March, 2007.
'I' .......... .... ...................... ... ". ........... ......................... .... ....
DEAN IORFIDA, CITY CLERK
R. T. (TED) SALeI, MAYOR
First Reading:
Second Reading:
Third Reading:
March 5, 2007
March 5, 2007
March 5, 2007
1~[\'\r^r~l:rr-\
\~ 111'--'-'" _ '--'-'
COG E C 0 CAB LEI N C.
AGREEMENT REGARDING ACCESS TO TVCOGECO PROGRAMMING MATERIAL
An agreement between the City of Niagara Falls and Cogeco Cable Canada Inc.
(referred to as Cogeco).
Purpose: The Corporation of the City of Niagara Falls (the "City")has requested the
usage of the recordings created by Cogeco Cable Inc. to record the meetings of the
Council of the City of Niagara Falls; (the "recordings");
Requests by Companies, organizations, or governments for access to/and use of
programming material produced and televised by Cogeco for secondary purposes of the
requesting party could result in a heightened liability for Cogeco.
Cogeco and the City therefore agree as follows:
The City requests usage of recordings for the purpose of webcasting council meeting
coverage for a term of one year.
Cogeco grants the City the right to use the recordings for the purpose of webcasting
subject to the terms of this agreement.
The City will not make the Council meeting available for webcast until the next regular
council meeting takes place.
The City agrees that the use of the recordings will be at its sole risk and cost.
The City agrees that it will require posting of notices at each and every council meeting
indicating that the proceedings are being broadcast and will be available on the internet
through YourNiagara.ca Portal.
The City undertakes that the recordings provided by Cogeco will not be altered, deleted,
edited, etc.; Furthermore, the recordings will not be redistributed for any other purpose
and controls will be in place to ensure that it is not copied by internet viewers, If, for
unspecified reasons, Cogeco edits the recording, Cogeco will notify to the City of
Niagara Falls prior to the rebroadcast the following morning. The City will then recapture
the recording for YourNiagara.ca Portal use. The City agrees that it will post the edited
version of the subject recording and no other version of the subject recording.
The City undertakes that the material will not be used for any commercial purposes, for
financial gain and will not be sold or distributed to any other party.
The City acknowledges that Cogeco Cable Canada Inc. will not be liable for any direct,
indirect, special. etc. damages resulting from the City of Niagara Falls' use of the
recordings.
The City undertakes to protect Cogeco against any claims, losses, recourses, from any
third parties, and from any claims that are solely attributable to the use of the recordings
by the City;
It is represented by the City and COGECO that the following persons are
authorized to enter into the execution of this Agreement.
This agreement is authorized by City of Niagara Falls By-law No.
FOR:
THE CORPORATION OF
THE CITY OF NIAGARA FALLS
Signed:
Name:
Title: Mavor
Date:
Signed:
Name:
Title: Clerk
Date:
CITY OF NIAGARA FALLS
By-law No. 2007 -
A by-law to amend By-law No. 2000-97, being a by-law to transfer the employees, assets, liabilities,
rights and obligations of the Niagara Falls Hydro Electric Commission and of the Corporation of the
City of Niagara Falls in respect of the generation, transmission, distribution and retailing of
electricity to a corporation and its subsidiary corporations to be incorporated under the Business
Corporations Act (Ontario.) pursuant to Section 142 of the Electricity Act, 1998(Ontario), and to
authorize the execution of the City of Niagara Falls Shareholder Declaration concerning Niagara
Falls Hydro Holding Corporation.
WHEREAS on January 22,2007 Niagara Falls City Council approved a governance structure for
Niagara Falls Hydro Holding Corporation; and
WHEREAS an amended Shareholder Declaration is necessary to reflect the recent decisions of
Niagara Falls City Council.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. By-law No. 2000-97 is amended by deleting Appendix "A" and Appendix "A" attached
hereto shall be inserted in lieu thereof.
2. The Shareholder Declaration dated the 5th day of March, 2007 as attached hereto, is hereby
approved and authorized.
3. The Mayor and Clerk are hereby authorized to execute the said Shareholder Declaration.
4. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said
Shareholder Declaration.
Passed this 5th day of March, 2007.
......................t .... ............................."
.. ......... ....... .... ........'II.. ........ ... ..... ....................
DEAN IORFIDA, CITY CLERK
R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
March 5, 2007
March 5, 2007
March 5, 2007
APPENDIX II Af'
CITY OF NIAGARA FALLS
SHAREHOLDER DECLARATION CONCERNING
. NIAGARA FALLS HYDRO HOLDING CORPORATION
2
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
SHAREHOLDER DECLARATION CONCERNING
NIAGARA FALLS HYDRO HOLDING CORPORATION
Definitions and Interpretation:
"Act" means the Energy Competition Act, 1998 (Ontario);
IIBoard" means the board of directors of the Corporation;
IICapital Expenditures" means forecast expenditures on a day to day basis and
expenditures used in the normal course of business for WiresCo;
JlChair" means the chair of the Board;
"City Council" means the City Council of the Shareholder;
/lCorporation" means Niagara Falls Hydro Holding Corporation incorporated on April 1 ,
2000 pursuant to Section 142 of the Electricity Act, 1998 (Ontario);
/lIMO" means the Independent Electricity Market Operator;
"Interim Term" means the term of the first serving Board of Directors for the
Corporation;
3
"Mayorlf means the Mayor of the Shareholder;
"Niagara Falls Hydroll means the Niagara Falls Hydro-Electric Commissionll;
"Nominating Committeell means a committee of the Board established by the Board
for the purpose set out in Subsection 4(2);
/lOBCA" means the Business Corporation Act (Ontario);
/lOEBIf means the Ontario Energy Board;
/lOEB Act" means the Ontario Energy Board Act, 1998 (Ontario);
"Reserves" means funds used in the normal course of operations for day to day
expenditures and funds required to refurbish or replace equipment, buildings, or
infrastructure requirements. It does not mean the development of a reserve fund for
the purpose of acquiring or making investments in other utilities or businesses;
"RetailCo" means Niagara Falls Hydro Services Inc. which may be engaged in retail
service businesses and other activities as permitted by law and authorized by the
Board from time to time;
IIReserves" means cash reserves kept on hand for day to day operations;
IIShareholder" means the Corporation of the City of Niagara Falls;
IIShareholder Declaration" means this shareholder declaration;
4
IIShareholder Representative" shall have the meaning set out in Section 6;
IISubsidiaries" means the subsidiary corporations (as defined in the GBCA) of the
Corporation including WiresCo and RetailCo;
"Vice-Chair" means the vice-chair of the Board; and
IIWiresCo" means Niagara Falls Hydro Inc. engaged in the business of transmitting and
distributing electricity and related permitted activities.
1 . Purpose
This Shareholder Declaration outlines the expectations of the Shareholder relating to
the principles of governance and other fundamental principles and policies of the
Corporation and in some cases, the Subsidiaries. Except as provided in Sections 7 and
10, this Shareholder Declaration is not intended to constitute a unanimous shareholder
declaration under the OBCA or to formally restrict the exercise of the powers of the
Board of the board of directors of any Subsidiary. This Declaration amends the
Shareholder Declaration dated the 8th of May, 2000.
2. Permitted Business Activities
(1 ) Subject to the restrictions in Section 10, the Corporation and its
Subsidiaries may engage in the business activities which are permitted by
any law applicable to the Corporation and the Subsidiaries from time to
time, including the Act and as the Board may authorize including, without
limitation, the business activities referred to in Subsection 2(2). In so
doing, the Corporation and its Subsidiaries shall conform to all
requirements of the GEB, the IMO and all other applicable regulatory or
6
(h) managing or operating, on behalf of a Shareholder, the provision
of a public utility as defined in Section 1 of the Public Utilities Act
or sewage services; and
(i) providing services related to improving energy efficiency.
3. Standards of Governance
As required by the CeCA, the Board and the board of directors of any Subsidiary shall
supervise the management of the business and affairs of the Corporation and any
Subsidiary respectively and, in so doing, shall act honestly and in good faith with a
view to the best interests of the Corporation or the Subsidiary respectively and shall
exercise the same degree of care, diligence and skill that a reasonably prudent person
would exercise in comparable circumstances. In addition, the Shareholder expects the
Board and the board of directors of any Subsidiary to observe substantially the same
standards of corporate governance as may be established from time to time by the
Toronto Stock Exchange an excerpt of which is attached to thi$ Shareholder
Declaration as Schedule Ii A", or any other applicable regulatory or governmental
authority in Canada for publicly traded corporations with such modifications as may
be necessary to reflect the fact that the Corporation and any Subsidiary themselves
are not publicly traded corporations.
4. Board of Directors
(1 ) Number of Directors - The Corporation shall be managed by the Board
which shall consist of nine (9) directors to be selected by the Share-
holder. The Shareholder shall, by special resolution, designate the
number of Directors to hold office from time to time.
5
governmental authorities.
(2) As at the date hereof, the Corporation or one or more Subsidiaries may
engage in anyone or more of the following business activities and such
other business activities as may be permitted by law and authorized by
the Board from time to time:
(a) transmitting or distributing electricity;
(b) owning and/or operating an electricity generation facility;
(c) retailing electricity;
(d) distributing or retailing gas or any other energy product which is
carried through pipes or wires to the user;
(e) business activities that enhance or develop the ability of the
Corporation or its Subsidiaries to carryon any of the activities
described in paragraphs (a), (c) or (d) above;
(f) business activities the principal purpose of which is to use more
effectively the assets of the Corporation and the Subsidiaries
including providing meter installation and reading services,
providing billing services and business activities in the
telecommunications area;
(g) renting, selling or maintaining equipment and appliances, including
without limitation, hot water heaters;
7
(2) The Board shall consist of those persons elected as Councillors of the
Shareholder, together with the Mayor of the Shareholder.
(3) Each of the directors will serve as a member of the Board as long as such
person remains in office during the term of each City Council. Board
members shall be reappointed during their term in office to continue as
a director if necessary to comply with the Business Corporations Act of
Ontario.
(4) Board Committees - The Board may establish committees of the Board in
the Board's discretion. It is anticipated that the Board will establish the
following committees:
(a) Governance Committee to develop the Corporation's approach to
governance issues and proposed changes to the Board necessary
to respond to the governance guidelines;
(b) Audit and Finance Committee to review financial results;
(c) Human Resources and Compensation Committee to recommend
senior management and directors' compensation to the Board; and
(d) Nominating Committee to identify, evaluate and recommend
potential Board candidates to the Shareholder as set out in
Subsection 4(2).
(5) Comoensation - The Board may establish compensation for senior
management, and for directors of the Corporation.
8
(6) Directors of Subsidiaries - The directors of the Subsidiaries shall be
chosen by the Board of the Corporation.
5. Financial Policies, Risk Management and Strategic Plan
The Shareholder expects that the Board will establish policies to:
(1 ) Caoital Structure - develop and maintain a prudent financial and
capitalization structure for the Corporation and its Subsidiaries consistent
with industry norms and sound financial principles and established on the
basis that the Corporation and its Subsidiaries are intended to be self-
financing entities;
(a) consistent with similar utilities in comparable growth areas and as
may be permitted under the OEB Act;
(b) intended to enhance the value of the Corporation and its
Subsidiaries; and
(c) consistent with the encouragement of economic development and
activity for the Shareholder;
(3) Returns - provide the Shareholder with a reasonable return:
(a) comparable to the returns on the regulated distribution businesses
9
received by other comparable municipalities as permitted by the
GEB to the GEB Act;
(b) through the payment of dividends, interest or otherwise; and
(c) consistent with a prudent financial and capitalization structure and
maintaining just and reasonable rates;
(4) Dividends - the establishment of a dividend policy f consistent with
prudent financial practices, for each of the Corporation and its
Subsidiaries, all with the intention of providing the Shareholder with a
reasonable rate of return on its investment while maintaining reasonable
rates for customers. The dividend policy shall contain a provision(s)
stating that WiresCo shall declare and pay to the Corporation a
mandatory dividend annually, after retaining funds for Reserves (the
"WiresCo Dividend"). Thereafter, the Corporation shall declare and pay
to the Shareholder, forthwith, an annual dividend in the amount of at
least 50% of the said WiresCo Dividend;
(5) Risk Manaaement - manage all risks related to the business conducted by
the Corporation and its Subsidiaries, through the adoption of appropriate
risk management strategies and internal controls consistent with industry
norms; and
(6) Strateaic Plan - develop a long range strategic plan for the Corporation
and its Subsidiaries which is consistent with the maintenance of a viable,
competitive business and preserves the value of the business.
10
6 . Shareholder Representative
The Shareholder hereby designates the Mayor as the legal representative of the
Shareholder (the "Shareholder Representative") for the purposes of communicating to
the Board pursuant to Section 7, any consent or approval required by this Shareholder
Declaration or by the OBCA.
7 . Decisions of the Shareholder
Approvals of decisions of the Shareholder required pursuant to this Shareholder
Declaration or the OBCA shall require a resolution or by-law of City Council passed at
a meeting of City Council and shall be communicated in writing signed by the
Shareholder Representative.
8. City Council Meetings and Annual Resolution
Within 6 months after the end of each fiscal year of the Corporation,
( 1 ) Annual Reoort to Meeting of City Council - the ,Board shall report to a
meeting of City Council and provide such information concerning the
Corporation and its Subsidiaries as is appropriate pursuant to this
Shareholder Declaration.
(2) Annual Resolutions:
(a) the Shareholder shall, at an in camera meeting of City Council,
appoint the auditors of the Corporation and receive the audited
financial statements of the Corporation for the last fiscal year; and
11
(b) the Shareholder, by resolution in writing signed by the Shareholder
Representative in accordance with Section 7, shall appoint the
auditors for the Corporation, elect members of the Board if
necessary, and complete such other business as would normally
be completed at an. annual meeting of shareholders under the
OaCA.
9. Reporting on Major Developments
The Board may from time to time report to City Council on major business
developments or materially adverse results of the Corporation or its Subsidiaries as the
Board, in its discretion, considers appropriate and such reports may be received and
considered by the Shareholder at an in camera meeting of City Council.
10. Matters Requiring Shareholder Approval
Without Shareholder approval given in accordance with Section 7 of this Shareholder
Declaration, the Corporation or any Subsidiary, shall not:
Statutory Aooroval Riahts
(1) change the name of the Corporation or a Subsidiary; add, change or
remove any restriction on the business of the Corporation or a Subsidiary;
create new classes of shares; or in any other manner amend its articles
of incorporation or make, amend or repeal any by-law;
(2) amalgamate with any other corporation(s) other than amalgamations
which may, under the OBCA, be approved by a resolution of directors;
12
(3) take or institute proceedings for any winding up, arrangement, or
dissolution of the Corporation or a Subsidiary;
(4) apply to continue as a corporation under the laws of another jurisdiction;
Additional Aooroval Riahts
(5) issue, or enter into any agreement to issue, any shares of any class, or
any securities convertible into any shares of any class, of the Corporation
or a Subsidiary;
(6) redeem or purchase any of its outstanding shares;
,(7) in anyone fiscal year of WiresCo, acquire one or more electricity
distribution businesses outside of the municipal boundaries of the
Shareholder which cumulatively would have a financial impact equal to
or greater than 10% of the net book value of the assets of WiresCo (as
shown on its last annual audited financial statement); and
(8) in anyone fiscal year of WiresCo, enter into one or more joint ventures,
partnerships, strategic alliances or other ventures, including ventures in
respect of the generation or co-generation of electricity, which would
require an investment, or which would cumulatively have a financial
impact greater than 10% of the net book value of the assets of WiresCo
(as shown on its last annual audited financial statement);
13
11 . Revisions to this Declaration
The Shareholder acknowledges that this Shareholder Declaration may be revised from
time to time as circumstances may require and that the Shareholder will consult with
the Board prior to completing any revisions and will promptly provide the Board with
copies of such revisions.
DATED at Niagara Falls, Ontario this
day of
2006
THE CORPORATION OF THE CITY OF NIAGARA FALLS
By:
Ted Salci, Mayor
By:
Dean lorfida, Clerk