Additions to Council February 19
ADDITIONS TO COUNCil. MONDAY. FEBRUARY 19.2007
COMMUNITY SERVICES AGENDA
1. Further Information re: Site Alteration By-law
COUNCil
REPORTS
1. F-2007 -07 - 2007 Municipal Utilities Budget
BY-LAWS
1. Additional By-law: A by-law to authorize the execution of an Agreement of Purchase
and Sale with Maria Sacco respecting the City purchase of lands being 6121
Lundy's Lane; in the City of Niagara Falls, in the Regional Municipality of Niagara.
From: William Clark
To: Ed Dujlovic
Date: 2/13/2007 1 :39:43 PM
Subject: Placement of excavated fill-agricultural lands-Bylaw 79-200, as amended
From our discussion I understand that the City has issued a Site Alteration Permit allowing excavated
materials to be transported from one site (Hilton Hotel property) and placed on Agricultural Zoned lands
. (south ~ide of Mountain Road between Garner and Kalar Roads). It is my understanding that Jean
Grandoni may bring the matter up Monday night.
Unfortunately the Zoning Bylaw does not address this issue. It does not address or restrict the placement
of excavated soil materials on lands, provided that the placement or keeping of soils is not for bulk storage
.purposes (clause 16 of the Site Alteration Bylaw) and/or is not related to an industrial/commercial use. In
fact open storage is not a permitted use in an Agricultural Zone.
For the purposes of the City's Zoning Bylaw 79-200 as amended it is my opinion that the placement of and
spreading of that soil on land is not a use and is not intended to be controlled by the provisions of the said
bylaw.
Any changes to grading or the natural drainage of the property would be something that the Site Alteration
Permit would be addressing.
As a final comment clause 15 of the Site Alteration Bylaw provides for the protection of Designated
Environmental Sensitive Areas in the OP. There is a an Environmental Designated area running in a west
to east direction parallel to Mountain Rd. I have been advised that the area is known to us as the 'Ten Mile
Creek' .
A copy of the City's Official Plan, schedule A, showing the said designated area will be provided to you for
your information.
CC: Doug Darbyson
\ -t , /0)"/ "'" ,J; Municipal Worl<S I
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Municipal Works Depattme"" ( lit AI ·
4~10QueenStreet,p.~sdxJ6~3 DEe 0 5 2006 I e teratlon
Niagara Falls, ON L2E 6X5 .. i
(905) 356-7521 Telephone \.__ 'i, j, . -GINEERltJG Permit Application
(905) 356-2354 Fax , ._ \ I.. III , I
www.clty.nlagarafalls.on.ca \~ ..-:;>.. Permit NO.:;:(OOC::- --003> ,
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Applicant cation
Company Name: ~O'\.~\~-~~'l ~ElIFi4"'~ \""'. PurposeofWolt: ~ ,~ s:..~\.\....
Contact: ~ ea e. ~~ c..Qc;.~Q Locatlon($): ~ I ";) "'""'~....."...., ,"'............. q~-
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Owner's Name: \lea \... \.. ~ . , Anticipated Start Date~~~ '=> I ~~., I' I
Business Phone: ~ ~.:: - 1. S '- Anticipated Completion Dale: ~~...:s J ~~1
Fax: "L ~ "> - ". '!: ,,- ..... "'\ .,. AnIfdpaIod WoIldng - ~ (. ...,...~ ,"() .
Cell: Road Closure Required: Yes No ~
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Details Proposed Truck Route
, y~ No
~,,,\. ~f . · QuantityofMaterlal,.lccJ..~ tonnes
· Is there a registered flood or fi1l1me on the ~ 0 . Number of Truckloads ,;:;" ~ > per day
\n.. ~ property? .'
\ . Dust/Debris Control Measures (if requited)
.0-.\ ~ · Is. there an environmentally sensitive area IV1 0
; (ESA) on this property? ~ Diagram (Sketch ofTruck Route)
I~~' .A."e. . Has the property ever been used for industrial, 0 ~ __ .,c COoOt.\oIO'lo ~ .. -;, I v..I ~~...........,..
~ commercia', or institutional purposes? f"Y\,.-~.." ~\ \\... ... ~."'" ''', w~ ~ ~ ~ c. ~ ;
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the property? ...1...-.. l - \. .. ..1-
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· Will elevation$ be altered at the property lines?, 0 t8J e':.. G ...J"",o-~ ,-...,...J... ~~, ~~ ~ " c.
. Js a Regional Tree-Cutting Permit required? ~ ,~
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l!We the undersigned have read and un tlon provided and agree lo abide by all conditions listed on the
reverse side of this r< ~~~ - 4!S 7 .
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Applicant Signature: Date: ~ ~..... ~ 7 j .t,oo '"
Administration Fee: $ I
Security Deposit: $
Received By:
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Upon completion of permanent restoration, this section Is to be completed and this permit returned 10 the City of Niagara Falls Municipal
Works Department at the address Indicated above.
Dates of Restoration Start: Finish:
NaMe of Applicant: Slgnaturo:
Retumed Deposli of $ By: Date:
.yu CAlL CUWLS rOT l'uagara t'allS t:Ugnways - Niagara Falls, Canada Page 1 of2 ,
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Community Services Department MW-2003.54
Municipal Works Ed Dujlovic
4310 Queen Street Director
P.o. Box 1023
Niagara Falls, ON l2E 6X5
web site: www.city.niagarafalls.on.ca
~ The recommendatlon(s)
Tel.: (905) 356-7521 contained in this report were
Fax: (905) 356-2354 adopted in committee and
E-mail: edujlovi@city.niagarafalls.on.ca ratified by City Council
March 17,2003
Alderman Victor Pietrangelo, Chairperson
and Members of the Committee Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW ..2003..54 .. Site Alteration Permit
Policies and Procedures
RECOMMENDATION:
It is recommended that the City of Niagara Falls adopt a Site Alteration policy and permit process
to prohibit or regulate the placing or dumping offill, removal of topsoil or alteration to the grade of
the land and that staff be directed to prepare a by..law for Council's consideration outlining the
procedures by which the permit will be interpreted and enforced.
BACKGROUND:
Over the past couple of years, Municipal Works staffhas received complaints from residents living
in both rural and urban areas regarding the stockpiling of surplus fill material on vacant parcels of
land. While the storage of clean fill does not violate any environmental laws or regulation in the
context of a landfill site, there are considerable nuisance issues that result from blowing dust, fouling
of roads, siltation of watercourses, damage to existing vegetation and trees as well as aesthetic and
public safety concerns.
The City has attempted to control the movement and relocation of clean fill through wording in its
site plan, subdivision and development agreement, but has noticed that often the filling and
excavation activities have commenced well in advance of the signing and registration of these
agreements. .
The current wording in the City's standard construction contract gives the municipality some
controls over the removal and routing of surplus materials. The problem has worsened considerably
since the closure of the Mountain Road Landfill Site and given the amount of new construction and
development anticipated over the next five-years it would be appropriate to implement a policy that
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
March 17, 2003 -2- MW-2003-54
helps address the matter as soon as possible.
The Municipal Act provides Council of a local municipality authority to pass a by-law to prohibit
or regulate the placing or dumping of ill, removal of topsoil or alteration of the grade of the land in
any defined area or on any class of land. The by-law would identify the permit and process
requirements and establish activities that would be exempt or excepted such as normal agricultural
practices or minor landscaping activities around the home.
The process will be administered by the Municipal Works Department very similar to the Road
Occupancy Permit process however circulation and feedback regarding conditions of approval will
be sought from all relevant City departments.
It is staffs intention to present the Site Alteration By-law to City Council and prepare an effective
public information package in time for implementation by May 5,2003.
Prepared by: Respectfully submitted:
m^~
Ge ff Holman, C.E. T. John MacDonald
Manager of Development Chief Administrative Officer
Approved by:
r~
Ed Dujlovic, P .Eng.
Director of Municipal Warks
S:\REPORTS\2003 Reports\MW-2003-S4 - Site Alteration Permit Policies and Procedures.wpd
.
CITY OF NIAGARA FALLS
By-law N'o. 2004 - 57
A byoolaw to prohibit or regulate the placing or dwnping of fill, the removal of topsoil and the
alteration of the grade of land within the City of Niagara Falls.
WHEREAS subsection 142(2) of the Municipal Ac~ 2001, S.O. 2001, c.25, as amended, provides
that the Council of a local municipality may pass by..laws to prohibit or regulate the placing or
dumping of fill, the removal of topsoil or the alteration of the grade of the land in any defined area
or on any class of land;
AND WHEREAS the COWlcil of the Corporation of the City of Niagara Falls deems it expedient
to regulate or prohibit certain site alterations within the City of Niagara Falls.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS HEREBY ENACTS AS FOLLOWS:
Definitions
1. In this By-law,
(a) "City" means the Corporation of the City of Niagara Falls;
(b) "Council" means the Council of the Corporation of the City of Niagara Falls;
(c) "Director'~ means the Director of Municipal Works for the Corporation of the City
of Niagara Falls, or his or her designate;
(d) "drainage" means the movement of water to a place of disposal, whether by way of
the natural characteristics of the ground surface or by an artificial method;
(e) "dumping" and "dump" means the depositing of fill in a location other than where
the fill was obtained, and includes the movement and depositing of fill from one
location on a property to another location on the same property;
(f) "erosion" means the detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity;
(g) "existing grade" means the elevation of the existing ground surface of the lands upon
which dumping or placing of fill, or both, is proposed and of abutting ground surface
up to three (3) metres wide surrounding such lands, except that where placing or
dumping offill has occurred in contravention of this By-law, "existing grade" shall
mean the ground surface of the lands as it existed prior to the placing or dumping of
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such fill;
(h) "fill" means any type of material capable of being deposited or placed on lands and
includes soil, stone, concrete, asphalt, sod or turf, either singly or in combination;
(i) "finished grade" means the approved elevation of the ground surface of lands upon
which fill has been placed or dumped, or the grade altered in accordance with this
By-law;
G) "Inspector" means any person designated from time to time by resolution of Council
for the purposes of this By..law;
(k) "normal agricultural practices" means any activity performed on private lands by the
owner or owner's agent that is considered by the Ministry of Agriculture, Food and
Rural Affairs to be a routine or common procedure for the type of crop, soil type or
general climatic conditions related to the subject property;
(1) "owner" includes the registered owner of the lands on which fill is proposed to be
placed or dumped or which lands are to be re-graded, and any person, firm or
corporation, whether alone or with others, that has the right to possess or occupy the
lands or actually does occupy or possess the lands, including a lessee;
(m) "Permit" means a permit issued pursuant to this By-law;
(n) "place of disposal" means a municipally ..owned storm drainage sewer, roadside ditch,
a natural watercourse, or an outlet for stonn drainage approved by the Corporation;
(0) "placing" and "place" means the distribution of fill on lands to establish a finished
grade different from the existing grade;
(p) "ponding" means the accumulation surface water in an area not having drainage
therefrom where the lack of drainage is caused by the placing or dumping of fill, or
altering of the grade of the land;
(q) "proposed grade" means the proposed elevation of groood surface of land upon
which fill is proposed to be placed or dumped, or the grade altered;
(r) "retaining wall" means a wall designed to contain and support fill which has a
finished grade higher than that of adjacent lands;
(8) "site" means the lands which are the subject of an application for a permit pursuant
to this By-law;
(t) "soil" means material commonly known as earth, topsoil, loam, subsoil, clay, sand
or gravel;
..3..
(u) "storm sewer" means a sewer for the collection and transmission of uncontaminated
water, storm water~ drainage from land or from a watercourse or any combination
thereof under City roads and on City property;
(v) "swale" means a shallow depression in the ground sloping to a place of disposal of
surface water for the purpose of providing a method of drainage;
(w) "topsoiltt means those horizons in a soil profile, commonly known as the "Oil and the
"A" horizons, containing organic material and includes deposits of partially
decomposed organic matter such as peat;
(x) "watercourse" means an open channel, ditch or depression, either natural or artificial,
in which the flow of water occurs, either continuously or intermittently.
Application of By-law
2. No person shall dump, or cause or permit the placing or dumping of fill on, nor alter or cause
or permit the alteration of the grade of, any lands in the City, including lands which are
submerged under any watercourse or other body of water, without first having obtained a
Permit issued by the Director pursuant to this By-law.
3. No person shall remove, or cause or permit the removal of any topsoil from any site in the
City without first having obtained a Permit issued by the Director pursuant to this By..law.
Permit Application
4. A person applying for a Permit shall submit the following to the Director:
(a) a complete application in the form attached hereto as Schedule "A", which form may
be amended from time to time by the Director;
(b) the fee prescribed for a Permit as set out in Schedule "B";
(c) a Control Plan, the requirements of which are set out in section 7;
(d) Phase I, Phase II and Phase III Environmental Site Assessment Reports, as required
by the Director;
(e) a plan showing properly scaled design details of any retaining wall that the applicant
proposes, or that may be required by the Director, including the dimensions thereof
'. and any materials to be used in the construction of any such retaining wall; and
(f) securities in accordance with Schedule "B" to secure performance of the applicant's
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obligations under this By-law and any Permit issued hereunder.
5. An applicant for a Permit shall, in addition to the requirements in section 4:
(a) certify that the fill contains no contaminants within the meaning of the
Environmental Protection Act, R.S.O. 1990, c. E.19, as amended; and
(b) forever and unconditionally release and indemnify the City with respect to any and
al1liability which may arise in the event that the fill contains contaminants within the
meaning of the Environmental Protection Act, and any successor legislation.
6. The certificate and release and indemnity required by subsections 5(a) and (b), respectively,
shall be in the form prescribed by Schedule "A", attached hereto and fonning part of this By-
law.
Control Plans
7. A Control Plan required to be submitted as part of an application for Permit pursuant to this
By-law shall include, where applicable:
(a) a key map showing the location of the site;
(b) the site boundaries, and the size of the site in hectares;
(c) the current and proposed use of the site and the location and use of buildings and
other structures adjacent to the site;
(d) the location, dimensions and use of the buildings and other structures existing or
proposed to be erected on the site;
(e) the location of lakes, streams, wetlands, channels, ditches, other water courses and
other bodies of water on the site and within fifteen (15) metres beyond the site
boundaries for sites less than 0.2 hectares, and within thirty (30) metres beyond the
site boundaries for sites greater than 0.2 hectares;
(f) the Regional Storm Flood Plain and Conservation Authority Fill Regulation lines,
with appropriate setbacks as required by the Conservation Authority;
(g) the location of the predominant soil types;
(h) the location and dimensions of any existing and proposed storm water drainage
systems and natural drainage patterns on and within fifteen (15) metres beyond the
site boundaries for sites less than 0,2 hectares, and within thirty (30) metres beyond
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the site boundaries for sites greater than 0.2 hectares;
(i) the location and dimensions of utilities, structures, roads, highways and paving;
(j) the existing site topography at a contour interval not to exceed 0.5 metres and to
extend a minimum of fifteen (15) metres beyond the site boundaries for sites less
than 0.2 hectares, and within thirty (30) metres beyond the site boundaries for sites
greater than 0.2 hectares;
(k) the location, diameter, species and drip line of all trees with a calliper measuring
lOOmm or greater at breast heigh, all other vegetation to be identified in masses
showing outline of canopy created by the massing;
(1) all existing vegetation 3 metres outside of the site boundaries or property lines must
be identified, including City trees, individually locating all trees with a calliper
measuring 100mm or greater at breast height, all other vegetation to be identified in
masses showing outline of canopy created by the massing;
(m) the proposed final elevations of the site;
(n) the location and dimensions of all proposed land disturbance;
(0) the location and dimensions of all temporary soil or dirt stockpiles;
(p) the location, dimensions, design details, estimated costs and design calculations of
all construction site control measures necessary to meet the requirements of this By-
law;
(q) provisions for the maintenance of site control measures during construction;
(r) the scale of the drawing; and
(s) any other necessary information with respect to the site, as required by the Director.
8. Every Control Plan accompanying an application for Permit must be certified by a
Professional Engineer who is licensed to practice in the Province of Ontario, or by any other
qualified person approved by the Director.
9. Notwithstanding any other provisions of this By-law, the Director may, at his or her sole
discretion, waive the requirement for a Control Plan, or any part thereof, and may reduce the
fee for a Permit under this By-law, after taking into consideration the proposed works and
the anticipated impact on the site and the surrounding environment.
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Agreement with City
10. The Director may, prior to the issuance of a Permit under this By-law, require the Applicant
to enter into an agreement with the City to provide security for the Applicant~ s obligations
under this By-law and any permit issued hereunder, and such requirements as the Director
considers necessary to ensure that the work is in accordance with proper engineering and
environmental practices. The said agreement may be registered on title to the site, and the
Mayor and City Clerk are hereby authorized to execute any such agreement on behalf of the
City,
Issuance of Permit
11. The Director shall issue a Permit pursuant to this By-law where:
(a) the Director is satisfied that the lands which are the subject of the application are not
within an area where the placing or dumping of fill~ removal of topsoil or alteration
of the grade of land is prohibited under this By-law, or any other applicable law;
(b) the Director is satisfied that Applicant has complied or will comply with all
requirements of this By-law, including the payment of all applicable fees, charges,
securities and deposits;
(c) the Applicant has entered into an agreement as referred to in section 10 of this By-
law, if required by the Director, and has performed all of its obligations under the
agreement which are required to be perfonned prior to the issuance of the Permit;
(d) the Director is satisfied that the proposed final elevation, the resulting drainage
patterns, the design of any retaining wall, the type of fill to be used, if any ~ and the
method of placing or dumping offill, removal of topsoil or alteration of the grade of
land are all in accordance with proper engineering and environmental practices; and
(e) the Director is satisfied that the placing or dumping of fill, removal of topsoil or
alteration of the grade of the land will not result in:
(i) soil erosion;
(ii) blockage of a watercourse;
(iii)siltation in a watercourse or stonn sewer;
(iv) pollution or contamination of a watercourse;
(v) flooding or ponding on abutting lands;
(vi) flooding or ponding caused by a watercourse overflowing its banks;
(vii) a detrimental effect on any trees of a caliper of seventy-five (75) millimetres
or more located on the site;
(viii) a detrimental effect on matters of inherent biological sensitivity such as
aquifer recharge, water quality, unusual plants or wildlife and ovenvintering
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habitats;
(ix) a detrimental effect on the amenities of adjacent lots;
(x) hindering the orderly development of any lands; or
(xi) physical damage to the adjacent roadway.
Terms, Conditions and Design Guidelines
12. The Director may impose terms, conditions and design guidelines upon the issuance of any
Permit. In addition to any other terms, conditions or design guidelines that may be imposed
by the Director, all Pennits issued pursuant to this By-law are subject to the tenns and
conditions in Schedule "A", and the guidelines in Schedule "C", unless otherwise exempted
in writing by the Director.
13. The Director may require, as a condition of any Permit issued pursuant to this By-law, that
a retaining wall, which does not encroach upon abutting lands either above or below existing
grade, and which is not so high as to have a significant negative impact on abutting lands,
be constructed where:
1. erosion of fill onto abutting lands may occur as a result of the work which is the
subject of the Permit; or
2. the finished grade of the site at the property line is higher than the existing grade of
the abutting land.
Compliance with Plans and Conditions, Applicable Law
14. Where a Permit has been issued pursuant to this By-law, no person shall place or dump fill,
remove topsoil or alter the grade of land except in accordance with the plans, documents and
any other information on the basis of which the Permit was issued, and in compliance with
any tenns, conditions and design guidelines imposed by the Director.
15. Notwithstanding any other provision of this By-law, the Director shall not issue a Permit for
any site defined or designated as an "Environmentally Sensitive Area" by the City's Official
Plan or the Official Plan of the Regional Municipality of Niagara, without the prior approval
of Council.
16. Notwithstanding any other provision of this By-law, no person shall place or dump, or cause
or permit the placing or dumping offill on any lands for the purpose of outside storage unless
the outside storage of such fill is permitted by the City's Zoning By-law, as amended from
time to time.
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17. Notwithstanding the issuance of a Pennit pursuant to this By-law, an applicant and/or owner
shall comply with all other applicable federal, provincial and municipal law.
Request for Inspection
18. An applicant for a Permit, or his or her authorized agent, shall, where a Permit has been
issued pursuant to this By-law, request the Director to make inspections at the
commencement and at the conclusion of the work which is the subject of the Permit, and
shall request such further inspection as may be required by the Director.
Time Limit for Permits
19. A Permit issued pursuant to this By-law shall be valid for a period of six (6) months from the
date of issuance, but shall expire three (3) months from the date of issuance if work has not
been commenced by that date. A Permit which is no longer valid or which has expired
pursuant to this section may be renewed within a six (6) month period following the date of
expiration upon written application to the Director, accompanied by a payment of one half
of the original Permit fee, provided that the proposed work which was the subject of the
Pennit has not be revised in any way.
Transfer of Permit
20. If the lands for which a Permit has been issued are transferred while the Permit remains in
effect and outstanding, any subsequent registered O\Vller shall, prior to the closing of the
transaction:
(a) provide the City with written consent to the transfer to the Permit into the name of
the subsequent registered owner; and
(b) provide security in a form and amount acceptable to the Director, at which time any
security previously provided by the original Permit holder pursuant to this By-law
shall be released.
21. If the provisions of section 20 are not complied with, the Permit shall be deemed to be
cancelled as of the date of the closing of the transfer of the lands for which the Permit had
been issued.
Minimum Standards
22. In addition to all other requirements in this By-law, no person shall place or dump, or cause
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or permit the placing or dumping offill, removal of topsoil or alteration of the grade of land
in the City unless:
(a) it is done at the request of, or with the written consent of the owner of the site where
the fill is to be placed or dumped, topsoil removed or the grade of land altered;
(b) all fill to be used includes only soil, stone, sod or other material acceptable to the
Director and that such material is clean. and free of any glass> plastics, rubber, metals,
termites, liquid, garbage and/or contaminants;
(c) the drainage system for the site is provided in accordance with this By-law and any
Permit issued pursuant thereto
23. Every person who places or dumps fill, causes or permits fill to be placed or dumped,
removes topsoil or alters the grade of land, shall;
(a) ensure that the finished grade surface is protected by sod, turf, seeding of grass,
greenery, asphalt, concrete or such other material as the Inspector may approve, either
singly or in combination;
(b) ensure that fill is not placed around the perimeter of any existing building to an
elevation higher than one hundred and fifty (150) millimetres below the top of
foundation of such building, unless such building and its foundation walls are raised
in a manner satisfactory to the Director;
(c) ensure that no piped connection to City culverts, ditches or sewer systems is covered
and backfilled until the work has been inspected and approved by the Director or an
Inspector;
(d) provide and maintain such protection for trees as may be required by the Director;
(a) provide and maintain siltation control measures as may be required by the Director;
(b) ensure that all fill used is clean and free of rubbish, glass, garbage, termites, organic
materials, liquid and toxic chemicals and other contaminants;
(c) ensure that the work which is the subject of a Permit does not soil or otherwise foul
any municipal roads, and in the event that such soiling or fouling should occur,
ensure that the road(s) affected are cleaned to the satisfaction of the Director or an
Inspector within twelve (12) hours of any request by the Director or an Inspector for
such cleaning;
(d) ensure that fill is placed or dumped in such a manner and any retaining wall
containing such fill is erected in such a manner that no ponding is caused on the site
or abutting lands and that adequate provision is made for proper surface stormwater
-1 o.
drainage; and
(e) ensure that all conditions of the Pennit issued pursuant to this By-law, and any other
requirements of this By-law are fulfilled to the satisfaction of the Director.
Exemptions
24. The provisions of this By-law do not apply to:
(a) activities or matters undertaken by the City or a local board of the City;
(b) the placing or dumping of fill or alteration of the grade of land imposed after
December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision
or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a
requirement of a site plan agreement or subdivision agreement entered into under
those sections;
(c) the placing or dtunping of fill or alteration of the grade of land imposed after
December 31, 2002 as a condition to a development permit authorized by regulation
made under section 70.2 of the Planning Act or as a requirement of an agreement
entered into under that regulation;
(d) the placing or dumping of fill or alteration of the grade of land undertaken by a
transmitter or distributor, as those terms are defined in section 2 of the Electricity
Act, 1998, for the purpose of constructing and maintaining a transmission system or
a distribution system, as those terms are defined in that section;
(e) the placing or dumping of fill or alteration of the grade of land lUldertaken on land
described in a licence for a pit or quarry or a permit for a wayside pit or wayside
quarry issued under the Aggregate Resources Act;
(f) the placing or dumping of fill or alteration of the grade of land undertaken on land
in order to lawfully establish and operate or enlarge any pit or quarry on land,
(i) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
(ii) on which a pit or quarry is a permitted land use under a by-law passed under
section 34 of the Planning Act; or
(g) the placing or dumping of fill or alteration of the grade of land undertaken as an
incidental part of drain construction under the Drainage A ct or the Tile Drainage Act.
..11-
Exception
25. The provisions of this By-law respecting the removal of topsoil do not apply to the removal
of topsoil as an incidental part of a nonnal agricultural practice including such removal as
an incidental part of sod-farming, greenhouse operations and nurseries for horticultural
products.
26. The exception in section 25 respecting the removal of topsoil as an incidental part of a
normal agricultural practice does not include the removal of topsoil for sale, exchange or
other disposition.
By-law ceases to have effect
27. If a regulation is made under section 28 of the Conservation Authorities Act, R.S.O. 1990,
c. C.2?, as amended, respecting the placing or dumping of fill, removal of topsoil or
alteration of the grade of land in any area of the City, this By-law is of no effect in respect
of that area.
Enforcement of By-law
28. The administration and enforcement of this By-law shall be performed by the Director, his
or her designates, and those persons designated from time to time by Council as Inspectors
under this By-law. The Director, his or her designates, and any duly designated Inspector
shall have all powers necessary to carry out the administration and enforcement of this By-
law, including the power to enter upon and inspect any lands to which this By-law applies.
29. Where a person has placed or dwnped fill, or caused or permitted the placing or dumping of
fill, the removal of topsoil or the alteration of the grade of land in contravention of any
Permit issued pursuant to this By-law, without a Permit where a Pennit is required under this
By-law, or contrary to any other provision of this By-law, the Director may make an Order
directing the person to do any or all of the following:
1. comply with the conditions of the Pennit and this By-law;
2. cease the work which is the subject of the contravention; and/or
3. require work to be done to correct the contravention to the satisfaction of the
Director, and within the time specified in the Order.
30. Where a person has failed to correct any such contravention to the satisfaction of the Director
within the time specified in an Order issued pursuant to this By-law, the City, in addition to
all other remedies it may have, may take all necessary steps to bring the lands into
compliance with the terms of this By-law, and may enter upon land, at any reasonable time,
-12-
for this purpose.
31. The City may recover those costs incurred under section 30, plus interest accrued to the date
payment is made at the rate of fifteen percent (15%) per annum, from the owner of the land
by action or in. like manner as municipal taxes.
Offence and Penalty
32. Every person who contravenes any provision of this By-law is guilty of an offence and is
liable for every day or part thereof upon which such offence occurs or continues to a fine of
not more than $10,000.00 on a first conviction, and not more than $25,000.00 on any
subsequent conviction, as provided in subsection 144(16) of the Municipal Act, 2001, S.D.
2001, c.25, as amended.
33. Every corporation that contravenes any provision of this By-law is guilty of an offence and
is liable for every day or part thereof upon which such offence occurs or continues to a fine
of not more than $50,000.00 on a first conviction, and not more than $100,000.00 on any
subsequent conviction, as provided in subsection 144(17) of the Municipal Act, 2001, S.O.
2001, c.25, as amended.
Appeal to Ontario Municipal Board
34. An applicant for a Permit under this By-law may appeal to the Ontario Municipal Board,
(a) if the Director refuses to issue a Permit, within 30 days of the refusal;
(b) if the Director fails to make a decision on an application for Permit, within 45 days
after the application is received by the Clerk; or
(c) if the applicant objects to a condition in the Permit, within 30 days after the issuance
of the permit.
Severability
35. In the event that any provision or part of this By-law is found to be invalid or unenforceable
for any reason whatsoever, then the particular provision or part thereof shall be deemed to
be severed from the remainder of the By-law and all other provisions or parts thereof shall
remain in full force and shall be valid and enforceable to the fullest extent permitted by law.
------~
General
36. City of Niagara Falls By-law No. 86-19 is hereby repealed.
Short Title
37, The short title of this By-law is the City of Niagara Falls Site Alteration Bv-Iavv.
Passed this eighth day of March, 2004.
D&r~~~~'CLERK"." .~~-;..........:.
R.T. (TED) SALC}~.MA YOR
... I
First Reading: March 8, 2004.
Second Reading: March 8, 2004.
Third Reading: March 8, 2004.
Municipal Works Department Site Alteration
4310 Queen Street, P.O, Box 1023
Niagara Falls, ON L2E 6X5 Permit Application
(90S) 358-7521 Telephone
(905) 356-2364 Fax Permit No.
www.city.niagarafalls.on.ca
Applicant Work & Location
Company Name: Purpose of Work:
Contact: Location(s}:
Mailing Address:
Owner's Name: . Anticipated Start Date:
Business Phone: Anticipated Completion Date:
Fax: Anticipated Working Hours:
Cell: Road Closure Required: Yes 0 No 0
E-Mail:. Date I Times for Road Closure:
Details Proposed Truck Route
Yes No
0 . Quantity of Material lonnes
· Is there a registered flood or fill line on the 0 . Number of Truckloads perqay
property? . Dust/Debris Control Measures (if required)
· Is there an envIronmentally sensitive area 0 0
(ESA) on this property? Diagram (Sketch of Truck ~oute)
· Has the property ever been used for industrial, 0 0
commercial, or institutional purposes?
. Is there any environmental contamination on 0 0
the property? .
· WiIC elevations be altered at the property lines? 0 0
· Is a Regional Tree-Cutting Permit required? D 0
IMle the undersigned have read and understood the information provided and agree to abide by all conditions listed on the
reverse side of this pennit. All in accordance with By-law No.
Applicant Signature: Date:
;~::" -..,' ",.t ,',.. i 'i1;~: . ':. .-..,. :' >":' "...;J''''':;l<J: if' ~~'~?:'!'(i/'YfI:;';7~~,~'"!;1,.. ;,'iJ....:;~:" ~J..~~~)'t.."..<:~'";~...:' .:.: ':''i';,~(::.' '.-', 0..,. ,...\';~. i .~ ,; " " "'::" ."'. :. .:'~ '::f
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. Administration Fee: $ 0 Building Pennit Number:
Security Deposit: $ 0 Sewer Permit Number:
0 Parking Meter Permit Number.
Received By: 0 Water Permit Number.
Co nditions For Issuance (General Conditions on Reverse)
, .
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Upon completion of permanent restoration. this section Is to be completed and this permit returned 10 the City of Niagara Falls Municipal
Works Department at 1he address Indicated above.
Dates of Restoration Start: Finish:
Name of Applicant: Bignaluro: ___
Returned DeposIt of $ By: Date:
c
III Municipal Works Section
Site Alteration Permit Application Conditions
1. Site Alteration Permit
Yes ~o The inspector shall determine which of the rgllowing items should be itlchuled on the required drainage plan:
DD (a) a complete application in lhe fonn prescribed by the Inspector
DO (b) the applicable permit fee cnlculated in accordance with Schedule "13" 10 this Bylaw
DO (c) a scaled drawing of any retaining wall that mny be required and a description, including dimensions, of any materials to be
used in the cr;llstltlction of such retaining wall
DO (d) a description d (he fill proposed to be dumped including <1 description of the source of (he Ij,ll; and
DO (c) it'the Inspector so requests. an accurate plan rnetjting the requirements set out below, alld!or a written agreement
contemplated by Section 8. Plans (or the alteration nnd grading or for the placing or dumping of fill shall be prepared
in accordan.ce with the standard dra\'\oings and to the satisfaction o{thc City, in accordance with the City's Municipal
Servicing Standards aud as follows;
DO 1) indicate
. the north arrow on the plan
· swales. inverts and typical cross section
· all grade breaks
· direction offlow arrows
. title block. including lot and plan number
· scale used
DO 2} refer all elevations to the closest municipal bench mark (metric geodetic)
DO ~
3) show all proposed catch basins, leads, top of grade elevations and inverts
DO 4) show existing contours
D.O 5) show regional flood lines ifapplicable
DO 6) show existing and proposed elevations at lot oomers and all building corners
DO 7) show specified building grade (Ie, highest ground elevation at outside ofwoll), driveway elevations, top offoundatlon
and lowest opening in foundation
DO R) show existing and proposed road grades, lengths and elevHtions on all streets with symbols at grade changes indicating
direction of slope
DO 9} comply with all10t grading requirements specified in the Ontario BlIilding Code
DO to} show all easements ~ existing and proposed
DO 11) lIlustrate Olat aU drainage outlets for /lbutting properties arc mailltained
DO 12) the approval of a drainage plan is related to drainage only; it is the responsibility of the developer to ensure that the
DO drainage pi all complements the land
13) sbow temporary erosion control measures to be in place during the constructlon period. ie, silt fence, sedimentation traps,
and pemlWlenl erosion control works to be Left in place Rfter construction and lot grading is completed, ie. siltation ponds
2. Access Across City Property Information
Upan authorization it is agreed that:
8) Access only be made at tlte point(s} indicated on this permit.
b) Parkland must not be crossed when wet, or if precipitation has occurred in previous 24 hours,
e) The applicant will indemnify and save 11annless tbe City from allliabiJities, dwnages. costs. cJaims. suits or actions arising out of an>'
breach or nonperformance of any covenant herein contained on the part of the pennit holder, and any damage to the property howsoever
occasioned by the use and occupation of the property by the pc::m1it holder or an~' person or persons including death, resulting at an)' time
therefrom, occurring on tlr nbout the propert}' or any part thereof or resulting from the use of (he property during their term of the pennit
for 811)' purpose whatever,
d) Any stich damage occurring during the time ()fthe pennit, ~hall be reported t<J tlle r-,'funidpal Works Department jnr/:hwith,
e) Permits arc valid for the IOGatioll, date Ilnd lime specified only, IUld may not be changed or altered unk,"S approval is obtained from the
?>:hmicipaf Works Department.
f) The Municipal Works Ikpllrtmellt reserves the right to cancel permits wherever-and whcnc\"e" it is deemed necessary,
g) Tbis pcmiit is valid ool}' altcr prc-constltlcticn inspection has bccl1l11l1de,
h) Rcstoration ofthe site shaH he Cl.lInpleted within (en (J 0) days of Ute substantial completion (If the prqject.
i) RefUlld of security deposit by the City will be within thil1y (30) daY5 of the final acceptance of'the whole restonlLion. or expiration \,f the
warmnty pCl10d, wl1ichc".~r (lCCUrS IU5t.
j) Pinala.cceptance for sod shall be a minimum of thil"t~' (30) days afier installation.
k) final acceptance of trees lInd shrubs wi 11 be a minimum of 1 year from the dllte,?f success1l11 planting 811d replanlillg,
" Th... (';/'<1 r"'~...rW" till' ri "hi tfl mntl ir,~ the nermil"lll)lder 10 m'ol'ide "roof of insurance coverage to tbe fonn and satisfaction of the City.
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February 19, 2007 --~ F-2007-07
NiagaraF~lJD~
Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
Re: F-2007 -07
2007 Municipal Utility Budget
RECOMMENDATION:
For the consideration of the Corporate Services Committee.
BACKGROUND:
Staff has prepared the 2007 Municipal Utility Budget in compliance with City Council's goal
to provide accountable and quality services. Staff has received various factors in preparing
the 2007 Municipal Utility Budget. This report provides information on the various factors
that will impact the 2007 revenues and expenses.
REVENUES
CONSUMPTION RATES
For the 2007 year, the City's water consumption rate would increase by 4.10/0, from
$0.5776 to $0.6024 per cubic meter. Staff has reviewed the annual flows for water
purchases, and has also reviewed the recent changes in the Region of Niagara's charges
for water supply. Infrastructure improvement in the City's water distribution system has
helped to reduce water loss. As a result, the billable water consumption has been
maintained at 850/0 of total water purchases.
For the 2007 year, the City's sewer consumption rate would decrease by 2.80/0, from
$0.8784 to $0.8544 per cubic metre. Staff has reviewed the annual flows for sanitary
sewer treatment and has also reviewed the recent changes in the Region of Niagara's
charges. Infrastructure improvement, for the separation of Storm and Sanitary sewers, is
reducing the flows for sewer treatment.
I Corporate Services Departmel
Finance
February 19, 2007 - 2 - F-2007-07
The City's 2007 combined water and sewer consumption rate would be maintained at
$1.456 per cubic metre. The following chart shows a history of previous years'
consumption rates for water, sewer, and the 2007 proposed consumption rates per cubic
metre.
Water Sewer Combined Ann ual
Rate Rate Rate Charge
2003 $0.484 $0.891 $1.375 $495.
2004 $0.514 $0.891 $1.405 $506.
2005 $0.561 $0.878 $1.439 $518.
2006 $0.578 $0.878 $1.456 $524.
2007 $0.602 $0.854 $1.456 $524.
The annual amount of consumption is based on the average usage of 360 cubic meters
per year.
SERVICE RATES
The service rates are intended to raise sufficient revenues to cover the costs incurred by
the City to maintain, repair and improve the City's water and sanitary sewer distribution
systems. Staff has also included a new revenue from Fire Services for the provision and
use of fire hydrants. Both Water and Sewer monthly service charges are calculated by
dividing the total costs for each of the infrastructure systems by the number of water
meters. The calculation also factors the metres according to their size, so that a larger
metre has a greater monthly charge than a smaller metre.
Staff has reviewed the monthly service charges for each of the water and sanitary sewer
systems for 2007. The monthly water service charge would increase by 2.50/0 from $19.56
to $20.07. The sanitary sewer service charge would also increase from $13.82 to $18.58,
an increase of 34.50/0.
The City's 2007 combined monthly service charge would increase from $33.38 to $38.65.
The residential ratepayer would pay an additional $5.27 per month or $63.25 per year.
The following chart shows a history of previous years' service charges for water, sewer,
and the 2007 proposed service charges per month.
Water Sewer Combined Annual
Rate Rate Rate Charge
2003 $16.61 $9.62 $26.23 $315.
2004 $18.67 $11.16 $29.83 $358.
2005 $20.44 $11.96 $32.40 $389.
2006 $19.56 $13.82 $33.38 $400.
2007 $20.07 $18.58 $38.65 $463.
February 19, 2007 -3- F-2007-07
RATE COMPARISON
In a recent study of water and sewer rates, BMA Consulting advised the City that the total
charges for water and sewer service should not exceed the ratepayers' afford-ability. This
measure is approximately 2% of the average household income within the municipality.
For the City of Niagara Falls, according to the study, the average household income was
$55,981 (2001 Stats Canada). The afford-ability measure suggests the maximum charge
for water and sewer service would be $1,120. For 2007 the proposed annual water and
sewer service would charge $987, an increase of 6.80/0 over 2006, which is significantly
greater than a consumers price index increase. However, the 2007 proposed charge is
still less than the maximum affordable charge.
The BMA study also provided a survey comparison of the City's water and sewer charges
to several other municipalities. BMA consulting advised that the City's 2005 charges of
$907 were significantly greater than the 2005 survey average of $665. BMA Consulting
also advised that the recent changes in legislation may reduce this large variance, when
other municipalities implement the full-cost approach of setting water and sewer rates.
EXPENDITURES
WAGES AND BENEFITS
Staff has reviewed the expenditure for labour to ensure that sufficient budget is included
to maintain existing levels of service for both the water and sewer systems. The current
complement for the water and sewer divisions is 31 staff. In addition to the frontline staff,
there are supervisory and administrative personnel that support the activities of providing
water and sewer services.
DEBT PRINCIPAL AND INTEREST PAYMENTS
During 2007, the payments of interest and principal will increase to $236,756 due to the
new debt acquired in 2006. I n the capital program, should any of the water and sanitary
sewer projects require debt financing, the servicing of the new debt will begin in 2008. The
Director of Municipal Works will identify which projects in the Capital Program may require
debenture financing and the expected amount of future borrowings.
MATERIALS
Staff has reviewed the expenditure for the purchases of supplies, small equipment and
services. Staff has maintained this expenditure for 2007.
CONTRACTED SERVICES
Staff has reviewed the expenditure for purchases from external suppliers and contractors.
The principal supplier is the Region of Niagara for water supply and sewage treatment.
The Region of Niagara is considering a revision to their water charges, to bill both a
consumption rate and a fixed metre equivalency rate. This revision separates certain costs
and sets appropriate rates to collect sufficient revenue. Staff anticipates that the Regional
consumption rate for 2007 will increase by 4.1 0/0, from $0.491 to $0.512 per cubic metre.
February 19, 2007 - 4 - F-2007-07
The new fixed metre equivalency rate for water supply from the Region would be the same
rate across the Region, similar to the consumption rate. This new charge has been
developed to pay for the Region's annual payments of principal and interest on water-
related debt. City staff has included this new charge of $164,802 in the City's monthly
service rate. Staff anticipates that the total Regional charge for water supply would be
approximately $8.6 million.
The Region of Niagara is considering a revision to their sewer treatment charges, to bill
both a consumption rate and a fixed metre equivalency rate. The consumption rate would
be based on a rolling three-year average of sewer treatment flows. The average would be
adjusted annually per the most recent year's experience. Using average flows for the
sewer treatment costs will reduce the variance of actual flows. However, the Region's
billing for sewer treatment would not fluctuate monthly per actual flows. As a result, the
annual charge for sewer treatment would become a fixed amount based on the previous
three-year average of flows. Staff anticipates that the Regional consumption rate for 2007
will increase by 0.80/0, from $0.608 to $0.613 per cubic metre.
Similar to the water rates revision, the new fixed metre equivalency rate for sewer
treatment from the Region would be the same rate across the Region. This new charge
has been developed to collect sufficient revenues to pay for the Region's annual payments
of principal and interest on sewer-related debt. City staff has included this new charge of
$124,953 in the City's monthly service rate. Staff anticipates that the total Regional charge
for sewer treatment would be approximately $11.3 million.
The billing and receipting services, provided by Niagara Falls Hydro, will continue to be
paid on a full cost recovery basis. In addition to existing contracted service costs, staff is
anticipating increased expenditures for system inspections, leak detection, repairs and
rehabilitation programs.
RENTS AND FINANCIAL
Staff has reviewed the expenditure for Audit Fees, Advertising, Uncollectible Accounts, and
the Sewer Rebate Program. The approval of a Senior's rebate program is included in this
type of expenditure. Ratepayers who are 65 or older and are receiving federal government
assistance would be entitled to an annual rebate of $100, which annually costs
approximately $62,500.
Currently, the City's water bylaw allows for the collection of arrears via the transfer to
property tax accounts. During 2006, the total arrears transferred were $335,354. Some
of these transfers related to tenant water accounts which were transferred to the respective
property owners of the tenanted properties. Staff is preparing a separate report on this
process as requested by City Council.
Tenant water accounts do require a deposit of $230 which is held on account by Niagara
Falls Hydro. Recently Council requested that staff investigate the payment of interest on
water deposits. The payment of interest is not currently in force, and would require a
change to the water bylaw. Also, Niagara Falls Hydro staff has advised that their new
software system will be able to accommodate this new payment. NFH staff advises that
the new payment cannot be administered until the new system is operating later in 2007.
Staff has included an estimated cost of $7,000 for the payment of interest on deposits
required for tenant water accounts.
February 19, 2007 - 5 - F-2007-07
CAPITAL CONTRIBUTION
Staff has reviewed the expenditure for Capital Contribution. These transfers provide
funding for waterworks and sanitary sewer system construction and maintenance. Staff has
established the amount of transfers in consideration of City Council's strategy to increase
the amount of expenditures forthe rehabilitation of both water and sanitary sewer systems.
The water capital contribution has been increased by $80,000 to $4,080,000, and the
sewer capital contribution has been increased by $1.2 million to $4,500,000. The Director
of Municipal Works has prepared a separate review of the capital works plan for 2007.
PERFORMANCE MEASURES
Since 2001 , the province has required that municipalities provide information on municipal
performance measures. These measures, such as operating costs for water and sewer
distribution systems, are reported annually as part of the requirements of the Financial
Information Return. Although these measure are not comparable between municipalities,
the measures are useful in tracking the municipal experience year over year. The following
table shows the municipal performance measures for previous years and, based on the
2007 Budget, what the anticipated result would be for the same measures.
2004 2005 2006 2007
Actual Actual Actual Budget
Operating cost for the collection $3,242 $3,234 $4,035 $4,740
of wastewater per kilometer of
wastewater main
Operating cost for the distribution $5,398 $4,911 $5,837 $6,398
of drinking water per kilometer of
water distribution pipe
Number of wastewater main 3.30 2.38 1.18 N/A
backups per 100 kilometers of
wastewater main in a year
Number of watermain breaks 23.82 22.96 19.19 N/A
per 100 kilometers of water
distribution pipe in a year
February 19, 2007 - 6- F-2007-07
SUMMARY
This report is intended to advise Council of the various factors that will impact the 2007
Municipal Utility Budget. The attached budget financial statements provide detail
information for both water and sanitary sewer services.
Recommended by: ;{a~
Ken Burden, Treasurer
"-
Recommended by:
Respectfully submitted:
CITY OF NIAGARA FALLS GL5280 Page: 1
Date: Feb 16, 2007 Time: 2:52 pm
Budget Report By Function
2006 2006 2007
Account Code Account Description FINAL BUDGET ACTUAL INITIAL
- BUDGET VALUES BUDGET
VALUES STAGE -
15--> CITY WATER FUND
123010--> AUDITING SRVS
3--> EXPENSE
CONTRACTED SERVICES 5,000 5,000 5,000
Total EXPENSE 5,000 5,000 5,000
- - - - -- - --- - --- - - -- ---- - ---- - - - -- - - - - - - -- - - - - -- -- - - - - - -- -- - ---- --- - - ---- - --- - - - --- - - -- - - - - - - - -- - - - - - ---- -- - --- - - - - ---- - - - - ----- - - - - - - - - - - - - --- - - - - - - - ---- - ------- ----- - - - --
AUDITING SRVS Surplus/Deficit 5,000 5,000 5,000
- - -- - - - - - - -- - -- -- - - - - - - - - - -- - - - - - - -- - - - -- - - - - - - - - -- - - - - -- - - - - --- - - - - - -- - - ---- - - - - -- - - - - ---- - -- -- - -- -- - - ---- --- - - - -- - - - - - ----- - - - - - - - - - - - - - - - - - - -- -- - - - - -- ----- --- --- - -- -- - -- - -- - - - - - - ---
133005--> REVENUES AND RECV
3--> EXPENSE
CONTRACTED SERVICES 584,064 578,013 601,136
Total EXPENSE 584,064 578,013 601,136
- - - - - - - - - - -- - -- -- - -- - - - - - - - - - - - - - - - ---- - - - -- - - - - - - ---- - - - - ---- - - -- -__ _ _ _ _ _ __ _ __ __ _ __ _ _ _____ _ __ _ _ ____ _ ____ _ _ _ _ w _ _ _ _ _ _ _ ___ _ _ __ _ _ _ _ _ _ ____ _ _ _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ __ ___ _ ____ __ _ _ _____
REVENUES AND RECV Surplus/Deficit 584,064 578,013 601,136
- - - - - - - - -- - - - - - - - - - - --- - - - - - --- - - - - - - -- - - - - -- -- - --- -- -- - -- -- --- - ---- - --- - - - - - - - - - --- - ----- -- - -- ---- - - ---- - - - --- - - - - - - -- -- ------ - ---- -- - - - - - ----- - - - - - -- - - - - - - -- - --- ---- - --- ---- - -- - - ---
142015--> WSIB HEALTH SAFETY SICK SRVS
3--> EXPENSE
MATERIALS 60,115 60,000 61,000
Total EXPENSE 60,115 60,000 61,000
- - ----- -- - - - - -- - - - - - - - - - - - --- - - - - - -- - - - - - - -- - - - - - - -- -- - - - - -- -- - - -- -- - - - -- - - - -- - -- --- - ---- - - - -- - - ---- - - --- - - - - - - - - - ---- - -- - - - - -- - ----- - - - ------ - - - - -- - - - -- - -- - - - - -- ------ - - -- - ---- --- - - - - - ---.
WSIB HEALTH SAFETY SICK SRVS Surplus/Deficit 60,115 60,000 61,000
- - - - ---- - - - -- -- - -- - - - -- - - - -. - - - - - - - - - - - - -- -- -- - ---- - -- ----- - -- - -- -- - - - - - - - - - - -- -- - - - ---- - - -- - - -- -- - - --- - - - - - -- - - - - - - --- - - ----- - ---- --- - - - - - - -- - - - - - - -- - --- - - -- - - -- -- -- - --- - -- - - - - - - --.
431000--> SYSTEM MAINT WATERWORKS
3--> EXPENSE
LABOUR 1,245,728 1,204,372 1,316,427
EMPLOYEE BENEFITS ALLOCA- 285,862 284,927 297,297
LONG TERM INTEREST 36,990 36,982 32,536
MATERIALS 415,304 564,889 407,763
PERSONNEL DEVELOPMENT 16,000 1,000 16,320
ELECTRICITY 0 9,975 10,000
WATER 0 1,954 2,000
NATURAL GAS 0 651 1,000
ADVERTISING / NEWS RELEASE 10,000 6,046 26,010
INSURANCE PREMIUMS - SYSTI 67,550 66,401 69,820
CONFERENCES/CONVENTIONS 11,200 1,049 11 ,424
CONTRACTED SERVICES 379,500 203,149 453,454
RENTS AND FINANCIAL EXPEN~ 198,532 75,931 296,002
LONG TERM DEBT PRINCIPAL 86,125 86,120 94,137
TO CAPITAL HOLDING 4,000,000 4,000,000 4,080,000
TO RESERVES 0 700,000 0
CITY OF NIAGARA FALLS GL5280 Page: 2
Date: Feb 16, 2007 Time: 2:52 pm
Budget Report By Function
2006 2006 2007
Account Code Account Description FINAL BUDGET ACTUAL INITIAL
- BUDGET VALUES BUDGET
VALUES STAGE -
INTERNAL RENT 175,590 184,303 223,100
Total EXPENSE 6,928,381 7,427,749 7,337,290
- - - ---- - -- --- - - - - - - - - -- - - - - - -- - - - - - - --- - - - - - --- - - - - -- - - ------ - ---- - -- -- - ----- - - - -- - - ---- -- - -- - - --- ----- --- - -- - - - - - - -- -- --- - - - - - --- - - - - -- -- - - - - - - ---- - - ---- - -- --- ---- - -- -- - ------- - ---- ---
4--> REVENUE
WATER CONSUMPTION FEES- -8,176,680 -7,879,564 -8,423,812
WATER SERVICE FEES - SYSTE -7,191,820 -7,420,324 -7,564,732
WATER FLAT RATE FEES - SYS 0 -149,396 0
WATER TRANSFER AND SHUT ( 0 -24,636 -25,000
SALES -50,000 -56,446 -50,000
TRANSFERS FROM SPECIAL PL -245,740 0 0
OTHER REVENUE -90,000 -87,776 -364,694
Total REVENUE -15,754,240 -15,618,142 -16,428,238
- -- - - - - - - - - - - -- - - - - - - -- -- -- - - - ------ - - - - --- - - ---- --- -- - - - - - - --- -- - --- - - - -- -- - --- - - - --- - - ---- - - - - ----- - - - - -------- - -- -- - - - - ---- --- - ---- --- - ------ - - - - ----- - ---- - - --- - - - -- - - --- - - -- - -- - - - - ----
SYSTEM MAINT WATERWORKS Surplus/Deficit -8,825,859 -8,190,393 -9,090,948
- -- - --- - - - -- - - - - - - ---- - -- -- - - - - - - - - - - - -- - - - - - - -- - - - - - - - - - - - -- - - - - - --- - - - - - - - - - - - - - -- - - - - -- -- - -- - ---- -- - - ---- - -- -- --- - -- - -- -- - - - - - - ---- - -- - ----- - - - ---- - - ---- - - - - -- - -- --- - --- - ---- ----- - - - ----
432000--> REGIONAL CHRGS WATERWORKS
3--> EXPENSE
CONTRACTED SERVICES 8,176,680 7,488,859 8,423,812
Total EXPENSE 8,176,680 7,488,859 8,423,812
- - -- - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - -- - - - - - --- -- - - - - --- - -- ----- -- - ---- - -- -- - -- - - - - -- -- - - -- - - --- -- - -- - - - ---- - - - - -- - - - --- -- - - --- - - - - -- -- --- - - --- - - - - -- -- - - --- - - - - - - - - - -- - - - --- - -- - - - - - - - - -- - - - --
REGIONAL CHRGS WATERWORKS Surplus/Deficit 8,176,680 7,488,859 8,423,812
- - -- -- - --- - - - ---- - -- - - - - - - --- - - - - - -- - - -- - - -- - - - - - - - - - - - - - - -- - - - - - - -- - - - - - - - -- - - - ---- - - -- - - - - - - - - - - -- - -- -- - -- - -- - - - - - - - - -- - -- - - - - - --- - - - - ----- - - - - - --- - - - - - - - - - -- - - --- - - - - - - - - - - - --- - - - - - - - --.
Total CITY WATER FUND 0 -58,521 0
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CITY OF NIAGARA FALLS GL5280 Page: 1
Date: Feb 16, 2007 Time: 2:52 pm
Budget Report By Function
2006 2006 2007
Account Code Account Description FINAL BUDGET ACTUAL INITIAL
- BUDGET VALUES BUDGET
VALUES STAGE -
16--> CITY SANITARY SEWER FUND
142015--> WSIB HEALTH SAFETY SICK SRVS
3--> EXPENSE
MATERIALS 22,815 22,500 23,500
Total EXPENSE 22,815 22,500 23,500
- - - - -- - - - -- -- -- ---- -- -- ---- - - - ----- - - - ---- - --- -- -- - - -- -- -- -- - -- - - - - --- -- - - - --- - - ---- ---- -- - - - - --- - ---- - - ---- - - ---- -- - - - - --- - ------ -- - - ---- - - - - ----- - - - ------ - - ---- -- - --- -- -- -- - - -- - - - - ----
WSIB HEALTH SAFETY SICK SRVS Surplus/Deficit 22,815 22,500 23,500
- ---- - - -- - -- -- - - - - - --- --- - ---- - - - -- -- - - - - - --- - - - --- -- - - ------- - --- - - - ---- -- - - -- -- - ---- - --- - - - -- -- - ---- --- -- - - ------ - -- - -- - -- ----- - ---- - - - - - - -- - - --- - -- - - - - - - -- - - - - -- - - - -- -- ---
411000--> SYSTEM MAINT SANITARY SEWER
3--> EXPENSE
LABOUR 477,139 473,482 493,490
EMPLOYEE BENEFITS ALLOCA- 109,266 166,540 113,637
LONG TERM INTEREST 32,330 32,327 28,429
MATERIALS 245,980 128,117 250,900
INSURANCE PREMIUMS - SYSTI 83,550 82,552 86,200
CONTRACTED SERVICES 1,041,370 785,022 1,069,497
RENTS AND FINANCIAL EXPEN~ 197,200 31,833 319,853
LONG TERM DEBT PRINCIPAL 75,425 75,421 81,654
TO CAPITAL HOLDING 3,300,000 3,300,000 4,500,000
TO RESERVE FUND - SYSTEM ~ 0 200,000 0
TO RESERVES 0 800,000 0
INTERNAL RENT 112,005 188,686 93,975
Total EXPENSE 5,674,265 6,263,980 7,037,635
- - - - - - - - - - ---- - -- - -- -- - - ---- - - - - - - -- - - - - - -- - - -- - - - -- - - - - -- -- - - - -- - -- - ------ - - -- -- - - -- --- - - ---- - - ---- - - --- - ---- - - - - -- -- - - - - ---- - -- ---- - - - ---- - - - - - - -- - - - - - ---- - - -- ---- - -- ----- --- --- -- - - - ----
4--> REVENUE
USER FEES -11,620,015 -11,705,188 -11,165,692
SEWER SERVICE CHARGES - S -5,027,085 -4,937,674 -6,931,135
SEWER FLAT RATE CHARGES - 0 -138,624 0
SEWER LATERAL CLEANING - ~ -25,000 -30,649 -30,000
SEWER LATERAL INSTALLATIO -35,000 0 0
INVESTMENT INCOME - SYSTEr 0 -108,408 0
TRANSFERS FROM SPECIAL PL -510,000 0 0
OPG SEWER REVENUE - SYSTE -100,000 -300,000 -100,000
Total REVENUE -17,317,100 -17,220,543 -18,226,827
-- -- - - --- - - - - - - - - --- - -- - - - ---- -- - - -- - - - - - - -- -- - - - - -- - - -- -- -- - - - - - - - -- - - - - - ----- - - ---- - - -- - -- -- - - --- - -- -- - --- --- - ---- - - ------ - - - - - - - - - -- -- --- - - - - - - - - - --- - --- - - --- - ------- - ----- ---- - - -- -- - --
SYSTEM MAINT SANITARY SEWER Surplus/Deficit -11,642,835 -10,956,563 -11,189,192
-- -- - - - -- - -- - ------ -- - - - -- -- - -- - - - - - - - - - - - -- - - - - - - -- - - - - -- -- - - - - - - - -- - -- - - - --- - - - - --- - - - - - ---- - - --- - -- - - - --- -- - - - - -- - - - - ---- - - - - - - - - - - - -- --- - - - - - - - - - -- - - --- - - --- - ------- - --- --- --- - - -- - - - - -.
412000--> REGIONAL CHRGS SANITARY SEWER
3--> EXPENSE
CONTRACTED SERVICES 11,620,020 10,840,954 11,165,692
CITY OF NIAGARA FALLS GL5280 Page: 2
Date: Feb 16, 2007 Time: 2:52 pm
Budget Report By Function
2006 2006 2007
Account Code Account Description FINAL BUDGET ACTUAL INITIAL
- BUDGET VALUES BUDGET
VALUES STAGE -
Total EXPENSE 11,620,020 10,840,954 11,165,692
- - ---- - - -- -- - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - --- - - - - - -- - -- ---- - - -- -- - ---- - -- --- - - - -- -- - - ---- - ------- - - - -- --- - -- -- - - - - --------- - - ------ - - -- ---- - - - --- - - - ---- - -- -- - - --- - - - --- - -- -- - - - - - - - - - --.
REGIONAL CHRGS SANITARY SEWER Surplus/Deficit 11,620,020 10,840,954 11,165,692
- -- - - - - - - - -- - - - - - - -- -- - -- - -- - - --- - - - - - -- - - - - - --- - - - - - -- - - ---- - - - ---- - ---- - ----- - - --- - - -- -- -- - - ---- - - - -- -- -- -- ---- - -- - - -------- - - ---- -- - - -- -- -- - - ---- -- - - ---- ---- - ---- - - -- -- - - -- - -- - - -- -- - --
Total CITY SANITARY SEWER FUND 0 -93,109 0
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CITY OF NIAGARA FALLS
By-law No. 2007 -
A by-law to authorize the execution of an Agreement of Purchase and Sale with Maria Sacco
respecting the City purchase of lands being 6121 Lundy's Lane; in the City of Niagara Falls, in the
Regional Municipality of Niagara.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Agreement of Purchase and Sale dated February 15, 2007 and made between Maria Sacco
and The Corporation of the City of Niagara Falls for the property municipally known as 6121
Lundy's Lane; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such
terms and conditions as set out in the Agreement of Purchase and Sale as attached hereto, is hereby
approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale
and all other documents that may be required for the purpose of carrying out the intent of this by-law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this nineteenth day of February, 2007.
..... ...... ......................................... ....................................................... .
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MA YOR
First Reading: February 19,2007.
Second Reading: February 19,2007.
Third Reading: February 19,2007.
AGREEMENT OF PURCHASE AND SALE
PURCHASER, The Corporation of the City of Niaaara Falls , agrees to .
purchase from VENDOR, Maria Giuseppa Sacco , the following ~
REAL PROPERTY:
Address 6121 Lundv's Lane fronting on the north side of Lundv's Lane ,.
in the City of Niaaara Falls t-
and having a frontage of 43 FEET more or less by a depth of 73 FEET more or less and
legally described as Part of Lot 7. north side of Lundv's Lane. west of Portaae Road. Plan Z
653. Abstracted as Block 8. Villaae of Niaaara Falls. as in AA50650. Except BB71234: SiT AA50650; W
Niaaara Falls (beina all of PIN 64315-0156) (the "property"). :is
PURCHASE PRICE: ONE HUNDRED AND SEVENTY-FIVE THOUSAND Dollars (CDN$175.000,OO ) :x:
DEPOSIT:
Purchaser submits SEVENTEEN THOUSAND FIVE HUNDRED Dollars (CDN$17.500.00 ) 0
(~/Upon acceptance) ~
cash or negotiable cheque payable to Broderick & Partners LLP to be held in trust pending
completion or other termination of this Agreement and to be credited toward the Purchase Price on !cC
completion. Purchaser agrees to pay the balance of the Purchase Price by cash or certified cheque
to the Vendor on closing, subject to the usual adjustments.
The Purchaser agrees to pay the balance of the purchase price, subject to the usual
adjustments, in cash or by certified cheque to the Vendor on the completion of this
transaction.
SCHEDULE(S) N/A attached hereto forms(s) part of this Agreement.
l. CHATTELS INCLUDED: N/A
2. FIXTURES EXCLUDED: N/A
3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The
Purchaser agrees to assume the rental contract(s), if assumable:
Hot Water Tank. if rental
4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 5:00 p.m.
(Vendor/Purchaser)
on the ~ day of Februarv , ~, after which time, if not accepted, this Offer shall
be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on the~
day of March , 2007 Upon completion, vacant possession of the property shall be
given to the Purchaser unless otherwise provided for in this Agreement.
6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer,
any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received,
when hand delivered to the address for service provided herein or, where a facsimile number is
provided herein, when transmitted electronically to that facsimile number.
FAX NO. 905-356-6904 (For delivery or notices to Vendor) FAX NO. 905-356-6904 (For delivery of notices to purcha.ser)
7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be
IN ADDITION the Purchase Price. If this transaction is not subject to G.S.T., Vendor
(included in/in addition to)
agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T.
8. TITLE SEARCH Purchaser shall be allowed until 5:00 p.m. 3 DAYS PRIOR TO CLOSING, (Requisition
Date) to examine the title to the property at his own expense and until the earlier of: (II thirty
days from the later of the Requisition Date or the date on which the conditions in this Agreement
are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that
there are no outstanding work orders or deficiency notices affecting the property, that its present
use ( SINGLE FAMILY RESIDENTIAL ) may be lawfully continued
and that the principal building may be insured against risk of fire. Vendor hereby consents to the
municipality or other governmental agencies releasing to Purchaser details of all outstanding work
orders affecting the property, and Vendor agrees to execute and deliver such further authorizations
in this regard as Purchaser may reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind
that the future intended use of the property by Purchaser is or will be lawful except as may be
specifically provided for in this Agreement.
10. TITLE: Provided that the title to the property is good and free from all charges, liens, and
encumbrances except as otherwise specifically provided in this Agreement and save and except for (a)
any registered restrictions or covenants that run with the land providing that such are complied
with; (b) any registered municipal agreements and registered agreements with publicly regulated
utilities providing such have been complied with, or security has been posted to ensure compliance
and completion, as evidenced by a letter from the relevant municipality or regulated utility; @) any
minor easements for the supply of domestic utility or telephone services to the property or adjacent
properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines,
telephone lines, cable television lines or other services which do not materially affect the present
use of the property. If within the specified times referred to in paragraph 8 any valid objection
to title or to any outstanding work order or deficiency notice, or to the fact the said present use
may not lawfully be continued, or that the principal building may not be insured against risk of fire
is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy
and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or
negotiations in respect of such objections, shall be at an end all monies paid shall be returned
without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as
to any valid objection so made by such day and except for any objection going to the root of the
title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
II. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed,
abstract, surveyor other evidence of title to the property except such as are in the possession or
control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the
property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date.
If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan
Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance
Company and which is not to be assumed by Purchaser on completion, is not available in registrable
form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out
of the closing funds, a discharge in registerable format to register same on ti tIe wi thin a
reasonable period of time after completion, provided that on or before completion Vendor shall
provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required
to obtain the discharge, together with a direction executed by Vendor directing payment to the
mortgagee of the amount required to obtain the discharge out of the balance due on completion.
12. INSPECTION: Purchaser acknow~edges having had the opportunity to inspect the property prior to
submitting thi.s Offer and. understands that upon acceptance of this Offer there aha].]. be a binding
agreement of purchase and sale between the Purchaser and. Vendor.
13. INSURANCE: All buildings on the property and all other things being purchased shall be af.ld remain
until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies,
if any, and the proceeds thereof in trust for the parties as their interest may appear and in the
event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid
returned without interest or deduction or else take the proceeds of any insurance and complete the
purchase. No insurance shall be transferred on completion. If Vendor is taking back a
Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with
reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on
completion.
14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if
Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor
covenants to proceed diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be
prepared in registrable form at the expense of Vendor, and any Charge/Mortgage to be given back by
the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants
that the TranSfer/Deed to be delivered on completion shall contain the statements contemplated by
Section 50(22) of the Planning Act, R.S.O. 1990.
16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any,
necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability
in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by
reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada.
17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and
unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be
apportioned and allowed to the day of completion, the day of completion itself to apportioned to
Purchaser.
18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for
doing or completing of any matter provided for herein may be extended or abridged by an agreement
in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically
authorized in that regard.
19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser o~
their respective lawyers on the day set for completion. Money may be tendered by bank draft or
cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union
or Caisse Populaire.
20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under
the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent
hereinafter provided.
2I. OFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the
property, Vendor has not caused any building on the property to be insulated with insulation
containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property
contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall
survive and not merge on the completion of this transaction, and if the building is part of a
multiple unit building, this warranty shall only apply to that part of the building which is the
subject of this transaction.
22. CONSUMER REPORTS: The Purchaser is hereby notified that a consUlllSr report containing credit
and/or personal information may be referred to in connection with this transaction.
23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this
Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof,
the written or typed provision shall supersede the printed provision to the extent of such conflict.
This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between
Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which
affects this Agreement other than as expressed herein. This Agreement shall be read with all changes
of gender or number required by the context.
24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the
undersigned are bound by the terms herein.
DATED AT Niaaara Falls this day of Februarv -1QQ1
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set
my hand and seal:
The Corporation of the City of Niagara Falls
DATE
Name:
Office:
DATE
Name:
Office:
I, the Undersigned Vendor, agree to the above Offer.
DATED AT Niaqara Falls this day of Februarv 2007
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
zJPf~b, fJ~ X ~O)i$:;L ~~fOj' DATEt?J..h{k ""7
{Witness} {,,/ {Venror} Maria Giuseppa'Sacc'b ( Sea 1 )
DATE
(Wi tness) (Vendor) (Seal)
The undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant
to the provisions of the Family Law Act, R.S.O. 1990, and hereby agrees with the Purchaser that
he/she will execute all necessary or incidental documents to give full force and effect to the sale
evidenced herein.
DATE
(Witness) {Spouse) (Seal)
CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this
Agreement with all changes both typed and written was finally executed by all parties at
a.m. /p.m. this day of ,20_
(Signature)
AC:KNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct
that a copy be forwarded to my lawyer.
DATE DATE
( (Vendor) (Purchaser)
DATE DATE
( (Vendor) (Purchaser)
Address for Service: Address for Service:
Tel. No. ( ) Tel. No. ( 1
Vendor's Lawyer Italia Gilberti Purchaser's Lawyer Italia Gilberti
Address Address
Tel.No. 905-356-2621 FAX No. 905-356-6904 Tel. No.905-356-2621 FAX No. 905-356-6904