HomeMy WebLinkAbout10/03/1967
REGULAR MEETING OF THE C~UNCIL
OF THE TOWNSHIP OF CLARKE
Tuesday, October], 1967 at 10 a..m..
Council Chamber, Orono.
Present: Reeve R. A. Foster
Deputy Reeve H. E. Walkey
Councillor O. H. Falls
Councillor W. R. Carveth
Councillor F. A. Gray
Clerk, H. E. Millson
The minutes of the regular. meeting on September 5th and
one special meeting on September ~9th, 1967, were approved as
read on motion by H. E. Walkey, seconded by O. H. Falls. Carried.
F. A. Gray moved, seconded by W. R. ~arveth, that delegations
be heard by Council. Carried,.
.Mr. Garland Cathcart requested Council to close the Road
Allowance between Lots 14 and 15 in the Fifth Concession excepting
the northerly approximate 40 to 50. rods. The proposed closing of
this road was, therefore, deleted from Schedule "A" of the
proposed by-law to stop-up certain road allowances and certain
parts of road allowances as advertised.
Mr. and Mrs. Frank Ardron appeared before Council in support
of their correspondence to Council dated Septemb~r 25,' 1967.
The said lett~r wast read out to Council b~ th~ Reeve. A ~ketch
map showing the problem of erosion on the used road allowance,
which accompanied the letter, was shown to therrembers of Council.
Mr. A~dron, in speaking on the matterJ said that access now could
be gained only by use of a jeep on the used road allowance. Also,
if the erosion were properly filled, he said, the drainage
diverted and the s~d road allowance repaired the matter would be
corrected to their satisfaction. ~he Council decided to inv~sti-
gate the problem and report to Mr. and Mrs. Ardron.
Mr. Paul Grant presented a petition signed by himself
ten other owners of property situated on bot~ sides pf the
allowance between Lots 30 and 31 in the Fourth Concession,
the following complaint.s were made:-
1. A dangerous bridge which is a hazard to traffic
2. A mud problem in spring due to lacko~ grad~ng a~d gravel
3. A brush condition which holds the snow in winter ~hus
making travel impossible
A problem fo~ children attending schoo~
A problem for persons who must us~ the ~oad for
commuting to their employment.
Mr. Grant, in discussing the petition with Council, requested a
written reply from Council for his ben~fit in b.ringing the matter
to .the .attention of the other petitioners. Mr. Grantsaid h~
would like to have a representative of Gouncil come-to see him
again to discuss the negotiation qetween himself and the CQuncil
of an option to purchase .the required lands for the proposed
constr.uction of the Laing Bridge. Further, he felt if Counqil
could brush and repair the road before winter to allow access it
would be much appreciated. Council decid~d to i-I1vest:f;gate the
said road allowance during an early road inspection to be a~ranged
at this meet ing. ..
It was moved by H. E. Walkey, seconded by F. A. Gray t~at
Couneil recess for luncb at 12:20 p.m. and resume session at
1:30 p.m. Carried.
Council resumed session in accord&nce w~th the fqregoi~g
motion. . .
Messrs. E. R. Woodyard, F. A. Nicholson and D~ M. Simpson
presented their requests to By-law No. 1517, A Restricted 4rea
By-Law. .
Mr. Arbhur Lo~, Secretary of the Clarke Planning Board,
discussed the Ontar:tb Municipal Board procedure and r.egulations
in respect to By-Law No. 1517, A Restricted Area By-Law.
In-accordance wi~h Resolution No. 149, the.fo~owing
tendered for the proposed construction of the Stewart,Bridge:-
1. R. E. Brohm Construction Limited, Norland, Ontario.
2. Amaranth Construction Limited, Don Mills, Ontario.
3. Mel-Ron Construction, Whitby, Ontario.
4. United Construction Company, Port Hope, Ontario.
5. Ganaraska Bridge Co. Ltd., Port Hope, Ontario.
and
road
w;herein
4.
5.
Page 2
Regular Meeting of Council October 3, 1967 continued:
Mr. M.-L. Ross, Road Superintendent, appeared at Council
meeting from 2 p.m. to 5 p.m. to discuss certain matters
pertaining to the municipal roads.
Council arranged with the Road Superintendent to hold
Road Inspection on Wednesday, October 11th, next, beginning
at 9 a.m.
Mr. Gordon Crosby, representing, Totten Sims Hubickiand
Associates Limited, appeared at Council. meeting to record
the bids on the tenders for the Stewart, Bridge and to
discuss theirrnemorandum of a meeting of the. Councils of
Darlington and Clarke held 1st September 1967 concerning
the proposed improvements of C.P.R. crossings on the
2nd Concession of Darlington, the 3rd Concession of Clarke
and the Darlington, Clarke Township Boundary Road. A
meeting of the two C~uncils with the Consulting Engineers,
Railway Transport Committee and Road Superantendents was
tentatively arranged for Tuesday, October 17th, next. ,Mr.
Crosby also discussed the proposed project under Railway
Transport Committee Fi~e No. 42307 with Council. It was
decided that this project should be left in abeyance until
an answer has been received from the ~ailway Transport
Committee regarding the- proposed Newtonville Grade Separation.
Mr. M. L. Ross, Road Superintendent, reported on his
investigation of the drainage and dust problems presented
to Councii by Mr. L. Secord on September 5, 1967. The
drainage problem, determined by grade sights, was from his
own property and an adjacent property rather than from the
municipal road allowance. Calcium Chloride, he reported,
had recently been applied to the road to lay the dust.
The following correspondence and reports and petition
were read out to the Council by the Reeve:-
1. Petition of Mr. Paul F. Grant and ten other sighed
petitioners' concerning the c.ondition of the road allowance
between Lots 30 and 31 in the Fourth Concession as afo~e-
mentioned.-Filed.
2. (Proctor & Redfern, consulting engineers, re Imperial
Oil Limited Service Stati<5h Restaurant, Waste Treatment
Facilities, Newcastle (Highway 401) Ontario, Our Project
No. E.O. 67171.-Referred to resolution.
3. Trustees of the Police Village of Orono resolution
No. 67-55 dated October 3, 1967 reo: Proposed project of
storm sewers, ---curb, gutter and IRvement . -Referred to Resol-
ution and By-laws.
4. Ontario Department of Highways, Port Hope re ~ownship
Road Conneotion-Cobbledick Road Westerly-Adjacent tQ and
south of C.N.R.-Tabled.
5. Totten, S~ms, Hubicki & Associates Limited re B.O.T.C.
Files 267-27-339, C.P.R. crossing improvements, Darlington
& Glarke Townships, Our File W401 as business brought
forward from 5 September 1967.-Filed.
6. Clarke Planning Board re Restricted Area By-law No.
1517 and amendments to the Planning Act with regard to
Bill No. 104.-Filed.
7. Department of Public Works re Proposed Post Office
Site-Newtonville, Ontario.-Tabled.
8. Department of Municipal Affairs re Clarke Planning
Board as business brought .forward from 5 September 1967.-
Referred to Resolution and By-law.
9. Mr. Frank B. Ardron re Side road leading to S.W.
part of Lot 13, Con. 5.-Referred to Road and Bridge Committee
for report;
10. Department of the Provincial Secretary and Citizenship
re Ganaraska Speedway Limited, Our File No. 204373 as -
business brought forward from September 19, 1967.-Referred
to Clerk.
~he following resolutions were passed:--
Resolution No. IhQ:Moved by Earl Walkey,seconded by W.R.Carveth:
This Council hereby open the tenders for the proposed
cORStruction of the Stewart Bridge as advertised.-Carried.
.
.
..........-
Page 3
Regular Meeting of Council October 3, 1967 continued:
&'.~
.,
Resolution No. lSO:Moved by W.R.Carveth,seconded by Orme Falls:
In accordance with By-law No. 1561 a by-law regarding the
appointment of the Clarke Planning Board being a Board with
jurisdiction over the Clarke Planning Area, this Council hereby
appoint the following persons:
1. Mr. Roy A. Foster (Council) for the year 1967.
2. Mr. Frank A. Gray (Council) for the year 1967.
3. Mr. Robert C. Simpson
who shall hold office until the 1st day of January 196$.
4. Mr~ Leslie G. McGe~
who shall hold office until the 1st day of January 1969.
5. Mr. Sidney J. Lancaster
who shall hold office until the 1st day.of .January 1969.
6. Mr. Arthur A. Low
'who shall hold office until the 1st day of January 1970.
7. Mr. Wayne Bailey
who shall hold office until the 1st day of January 19JO.
That Resolution No. 54 dated February 22, 1967 be and is
hereby rescinded:-Carr.ied. . . , , . , , , . , . . , , , , . , .
Resolution li,p. lSl:Moved by Earl Walkey,seconded by Orme Falls:
Resolve that the Clerk prepare The Voters' List alphabetically
for the year 1967.-Carried. I I I I Ii' I I I . I .
Resol u1tion No. 1 l)2:Mbv'ed oy' Earl' Walkey ~ sec'ortded' By' o~nle 'Falls:
Resolve that this Council hereby intend to pass a by-law
to undertake the -construction of storm sewers, ourb, gutter
and,pavemen~ on various streets in the Police Village of
Orono in accordance with Section $ (1) bf Th~ 'L6caY Imprbvement
Act, R.S.O. 1960 and amendments thereto.-Carried.
Resolution No. lS1:Moved by Orme Falls,seconded by W.R.Carveth:
, This Council has no objection to an application dated
September 19, 1967 of Imperial Oil Limited'prepared by' Practor
and Redfern, Consulting Engineers, Toronto; for the proposed
construction of Waste Treatment Facilities providing the said
proposed construction is in accordance with the requirements of
the Ontario Department of Health and the Ontario Water Resources
Commission.
, f~e,Reeve and 'Clerk be and are hereby authorized to sign
and seal the said application which is to be forwarded to the
Ontario Water Resources Commission by the said Consuiting ,
Engineers.-Carried.
Resolution No. lSh:Moved by Earl Walkey,seconded by Orme Falls:
Resolve that the follOWing Pay Vouchers be and are hereby
authorized for payment by the Signing Orficers of'this'CoUncil:
Addi~icn to General Voucher #9 for September in the amount
of $125$.95.
General Voucher #~O for October in the amount of $17067.59.
Addition to Welfare Voucher #9 for September in the amount
of $103.5.20.
General Welfare Voucher #10 for October in the amount of
$1157.11.
Road Voucher #9 for September in the amount of $11272.00.
Police Village of Orono Voucher #9 for September in the amount
ot ~~043.49.-Carried.
Resolution N9- lSS:Moved by Earl Walkey,seconded by W.R.Carveth:
With regard to Section 64 of The Assessment Act, R.S.O. 1960
and amendments thereto, this Council hereby appoint the
follOWing persons as a Court of Revision to receive and consider
recommendations under Sections 131 and 244 of the said
Assessment Act:- '
Mr. Roy A. Fost~r~
Mr. H. Earl Walkey
Mr. Orme H. Falls
Mr. W. Rod. Carveth
Mr. Frapk A. Gray-Carried. ~
Resolution No. lS6:Moved by W.R.Carveth,seconded by Earl Walkey:
~ 'Thi~ Council hereby receive the recommendation of the Court 'of
Revision and thereby authorize the Clerk-Treasurer of this
municipality to strike off the follOWing taxes in accordance with
Schedule "An attached in respect to Section 244 of The Assessment
Act R.S.O. 1960 and amendments thereto and to allow the said Clerk-
Treasurer the discretion to apply the said taxes upon chargeback
in accordanc~ith Section 207 and any other provision of the
said Assessment Act.-Carried.
..
'&1
.,
Page 4 Schedule "All to Resolution No. 156 dated October 3, 1967. Penalties
& Interest
Arrears Town- School Dog Total ' at Dcc.33- Grand
D
129
1960
McCoy, E.M.
16.38
30.44
.56
22.12
25.20
-- 94.70
37.87
132.57
129
1961
McCoy, E.M.
18.20
30.42
.56
22.26,
28.00
-- 99.44
33.83
133.27
129
1962
McCoy, E.M.
17.70 "
32.72
.60
31.20.
36.00
` -- 118.22
33.09
151.31
129
1962
McCoy, E.M.
7.67
11.69
.26
13 .52,
14.04
-" 47.18
13.21
60.39
426
1963
Tennant, Don
15.63
28.98
.46
35.64
29.29
-- 110.00
24.20
134.20
426
1965
Tennant, Don
1.55
3.77
.05
3.32
3.18
-- 11.87
.06
11.93
471
1963
McGrath, N.
12.16
22.54
.36
27.73
15.31
-- 78.10
17.19
95.29
471
1964
McGrath, N.
5.79
11.00
.21
11.80
7.39,
-- 36.19
5.79
41.98
559
1964
Harris, F.
5.79
11.00
.21
11.80
7.39
-- -36.19
5.79
41.98
559
1965
Harris, F.
12.18
29.72
.43
26.16
25.04
-- 93.53
9.35
.102.88
559
19661
Harris, F.
5:64
10.60
.15
12.78
,0.20
-� 39.37
1.57
40.94
91a
1965
Damant, J.A.
15.58
38.03,
.55
33.49
32.05
-' 119.70
11.98
131.68
4a
1966
Kimmerley, Lyle
-
4.15 4.15
4.15
16
1965
Smith, Robert
4.15 4.15
16a
1966
Talsma, H.
4.15 4.15
4.15
57a
1966
Albin, Cecil L.
6.15 6.15
6.15
72
1964
Hale, Gordon
4.15 4.15
' 4.15
93a
1966
Allin, Paul
1.00 1.00
11.00
95 a
1966
VanUverloop, Frank
2.00 2.00
2.00
125a
1966
Tamblyn, James
4.15 4.15
4.15
139
1965
Swerdfiger, S.
4.15 4.15
4.15
142
1965
Anderson, H.
4.30 4.30
4.30
153
1964
Asselstine, Mrs. C.G.
4.15, 4.15
4.15
153a
1966
Bennett, P.
2.0,0 2.00
2.00
(134.27)
(260.91)
(4.40')
(251.82)(233.09) (44.5019281.99)
(193.93)
(1122.92)
1967
Ta.x
.
Town-
School
R.C.
Feder
Grand
Folig
D D
164$ .
Ogden,
J. 16.36
36:20
.43
33.63
30.24
.53
117.39
1029
Winn,
E. Estate- 13.24
29.30
.35
27.23
24.48
.43
95.03
1942
Boricic,
D. 1.82
4.02
.04
3.74
3.36
12.98
2197
Atkins,
T. G. 21.81
24.48
.57
44.85
40.32
23.56
4.19
159.78
Page 5
65.50
Schedule "A" continued:
951
Dept. Public Works
1165
Dept. Lands & Forests
1201
School Area
1939
Dept . Lands & Forests
1938a
Dept. Public Works
D1087
Barnett, D.A.
D1861
Gray, K. M.
D1874
Johnston, Robert
DS 37
Gustar, Bruce
D469
Wilson, Thos. W.
D125
Goyette, B.
D1788
'Souch, H.
D2317
Clark, G. ,
D1196
Allen,. Harold M.
D191
Elliott, George
D802
Archibald, Walter
D2229
Wilson, Gladys
D114
Farrow,? Wm. L.
D1906
Coatham, Otto
D695
Jones, George C.'
D1320
Allard, Julian
D459
Hughes, Harold
D627
Graham, A.
D936
Brown, H.
2129
Norton, S. J.
712
Tennant, Donald
179
Twp. of Clarke
415
Twp. of Clarke -
29.6o
65.50
.78
. 60.86
54.73
3.12
6.89
.08
6.41
5.76
4.67
10.34
.12
9.61
8.64
.78
1.73
.02
1.60
1.44
2.3,4
5.17
.o6
4.81
4.32
3.63
5.44
.09
8.29
7.46
30.38
78.69
.8o
69.40
62.41
4.67
10.34
.12
9.61
8.64
1.56
3.45
.04
3.2o
2.88
(133.98)
(281.55)
(3.50)
(283.24)
(254.68)
.07
3,.92
2.00
2.00
2-, 00
2.00
2.00
4.15
2.00
2.00
2.00
2.00
8.30
2.00
2.00
2.00
2.00
2;00
2.00
2.00
2.00
C)
i
i
.70
(1.03) (27.4$) (46.45) (4.89)
Grand Total
It
211.47
22.26
33.38
5.57
16.77
2.00
2.00
2.00
. 2.00
2.00
4.15
2.00
2.00
2.00
2.00
8.30
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
29.53
241.68
33.38
11.13
(1036.80)
2 r_ 19.72
Page 6 ~
Regular Meeting of Council October 3, 1967 continued.:.
.. . ~ . " lit ., ~ .. " . .. .. " " , 'f .. 0 11 .. . .. .. " ~ , ., ..
Resolution N9. ] S? :Moved by Earl Walkey, seconded by W..R. Carveth:
'This Council hereby receive the recommendation of the Court
of Revision and thereby authorize the Clerk-Treasurer of this
municipality to reduce the 1967 taxes under Account No. 2205
in accordance with Section 131 of the Assessment Act, R.S.O.
1960 and amendments thereto, and any other provision of the
said Assessment Act.-Carried.
Tne following By-law was given first and second reading
only:, . .
Bv-Law No. lSS8 Being a By-law to authorize the construction, ,
reconstruction, extension of certain capital works in the
Police Village of Orono in the Township of Clarke as a Local
Improvement under the provisions of The Local Improvement Act.
The following Sy-laws were given-f!rSt,'second and third
reading and finally passed:
By-LawUo. lSSq
A By-law to authorize the borrowing of $108,700.00.
WHEREAS the Council of the Township of Clarke (hereinafter)
called the nMu.nicipalitylt) deems it necessary to borrow the
sum of tl08~760.00 to meet, until the following estimated
receipts under By-Law No. 1558, as enumerated below have been
receivea by the said Township of Clarke and deposited at the
Canadia~ Imperial Bank of Commerce, Orono,-
Department of Highways $57,120.00
Receipts from the United Counties
of Northumberland and Durham 13,500.00
Total estimated receipts $70,620.00
Loan from Canadian Imperial Bank of Commerce, Orono, for
a period of five years payable as to principal and interest
in instalments during the years 1967, 1968, 1969, 1970
ana '1971:
the capital expenditures of the Municipality for the year;
THEREFORE the Council of the Corporation of the Township
of Chrke hereby enacts as follows:
1. The Head and the Treasurer are hereby authorized on
behalf of the Municipality to borrow from time to time
-by w~y of promissory note from CANADIAN IMPERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate
$108,700.00 to meet until the said estimated receipts
have been received and deposited at the said Bank at
Orono the capital expenditures of the Municipality for
the year, and to give on behalf of the Municipality to
the Bank a promissory note or notes sealed with the
'Corporate Seal and signed by the Head and Treasurer for
the moneys so borrowed, with interest, which may be paid
in advance or otherwise, at a rate not exceeding 6%
per centum per annuw.
2.' .'AIl' s'ums borrowed pursuant to the authority 'of this
by-law shall, with interest thereon, be a charge upon the
whole of the revenues of the Municipality for the current
year for five ensuing years and for all preceding years
as and when such revenues are received.
3." ,The' TTeasurer is hereby authorized and 'direc-ted to apply
in payment of all sums borrowed as aforesaid, together
with interest thereon, all of the moneys hereafter
collected or received either on account or realized in
respect of taxes levied for the current year and
preceding years or from any other source which may
lawfully be applied for such purpose.
4. That By-Law No. 1546 be and is hereby repealed.
By-Law No. 1 s60 . .,
A By-law Authorizing 'the borrowing,of money by way of .
I temporary advances pendin~ the issue ~nd sal~ ?f the debentures
~~ authoriz~d,by By-law No. . . ,
.l WHEREAS. the Council of th~, Corp'o:r,ation ofr The TownshL p of
:\;l\~~.} Clarke has enacted its, By-law No ~ r r , passed on the
I h i day of , 19 , duly authorizing the ,issue and sale
~1/ of debentures for raising~a sum not exceeding $269,495.00, for the
! following purpose, namely: To construct a new 9 room school to
be known as "Kirby Centennial School" to be located in Lot 25,
Concession VI, Township of Clarke, being eight classrooms and
one general purpose room together with the necessary administration
~
Page 7
Regular MeBting of Council' October 3, 1967 continued:
w
and maintenance areas upon which project an application f~r
sale of debentures has been made by the Treasurer of the
Municipality to The Ontario Education Capital Aid Corporation
dated ~9th September 1967;
AND WHEREAS prior to the passing of the said By-law, the
approval of the Ontario Municipal Board was first obtained, as
evidenced by the Order of the said Board dated the 2Znd day
of September 1967;
AND WHEREAS the said By-law does not require the assent
of the electors or of those qualified to vote' on money by-laws;
AND WHEREAS the Corp<Yration desires to borrow money as
temporary advances pending the issue and sale of the said
debentures;
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF CLARKE HEREBY ENACTS AS FOLLOWS:
1. The Corporation agrees to borrow and doth hereby authori~e
the borrowing from CANADIAN IMPERIAL BANK OF COMMERCE as
temporary advances pending the iseue and sale of the debentures
above recited such sums a-s may be required but not exceeding
a total of $279,507.00 on the terms' and sub~ect to-the condit~ons
set forth in this By-law. -
2. Within the limit aforesaid and as moneys are required from
time to time for the purpose above recited, the Head and
Treasurer, acting on behalf of the Corporation, are h~reby
authorized to borrow moneys from the said Bank for the said
purpose pending the issue and sale of the debentures authorized
as aforesaid and to sign and deliver to the said Bank such
promissory note or notes as may be required for the repayment
of the moneys borrowed at such time or times and at such rate
of interest as may\be agreed upon with the said Bank, but not
exceeding the rate of Six per centum per annum, and to affix
the corporate seal' of the Corporation to such promEsory note
or notes.
3. The Head and Treasurer are hereby authorized to assign
and pledge the said debentures to the said Bank upon the I
issue thereof to be held by the said Bank as collateral
security 'for all moneys borrowed under this By-law and interest
thereon and to assign 'to the said Bank the moneys growing
due from the sale of the said debentures; and the proceeds
of the sale of the said debentures, or so much thereof as
may be necessary, shall be paid to the said BanK in satis-
fac~ion of the moneys borrowed under this By-law and
interest thereon.
By-Lp1t{ No. lSql
A By-law regarding the appointment of the Clarke Planning
Board being a Board with jurisdiction over the Clarke 'Planning
Area.
Whereas the Minister of the Department of Municipal
Affair.s by letter dated the 25th March, 1963, has in accordance
with the provisions of The Planning Act, R.S.O. 1960, Chapter
296 and amendments thereto, defined and named a Planning Area,
the said area to be defined as the whole of'the Township of
Clarke, as from time to time 'constituted, and to be known
as the "Clarke Planning Area" and
. Whereas it has now become necessary to appoint the
Clarke Planning Board to administer the Clarke' Planning Area.
NOW THEREFORE the Council of the Corporation of the
Township of Clarke enacts as follows:
1. The Reeve of the Council of the 'Corporation of the
Township of Clarke shall be appointed annually by resolution')
of Council as a member ex officio of the Clarke'Planning
Board.
2. A member of the said Council, in addition>to the appoint-
ment of the Reeve, shall be appointed annually by resolution
of the Council as a member of the Clarke Planning Board.
3. Five members of the Board who are not members of the
Council shall be appointed by resolution of the Council to
hold office for three years, provided that on the first
appointment the Council, from among such members, shall
designate members who shall hold office;
(a) until the 1st day of January of the year following
the date of appointment;
(b) until the 1st day of January of the second year
following the date of appointment;
6,j
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Page $
Regular Me,eting of Council, October 3, 1967 continued:
(c) until the 1st day of January of the third year
following the date of appointment,
respectively, so that as nearly as possible one-third
of such members shall retire each year; and ,the
members of the planning board who are members of the
Council shall be appointed annually.
4. . 'The members of the pla.nning board shall hold office
until their successors are appointed and such appointments
are approved, where approval thereof is required, and
are elig~ble for re-appointment.
5. Where a member ceases to be a member of the planning
board before the expiration of his term, the Council
shall appotnt another eligible person for the unexpired
portion of the. term.
6. The Head of the Council who is ex officio a member of
the planning board, with the approval of the Council,
may appoint a substitute, who is a member of the Council,
to act for him from time to time.
7. ,_',I:'hat. By-Law No. 1537 be and is hereby repealed.
This by-law shall come into force. and effect upon the
date of the final reading thereof subject to any necessary
statutory 'approval. .
Bv-Law NOa 1'16~. .
To Authorize an application to the Ontario Municipal
Board for a Quiet ing Order., ,
WHEREAS THE MUNICIPAL CORPORATIONS QUIETING ORDERS ACT
provides a municipality with the authority to make application
to the Ontario Municipal Board for a quieting order to
establish ~ts proper area and boundaries and/or the legal
existence and corporate status of a municipality and in
order to quiet any doubts affecting the same;
THEREFORE the Council of the Corporation of the Tpwndhip
of Clarke enacts as follows:
(1) THAT the head of the council and the clerk be and
are hereby authorized and intructed to apply to The
Ontario Municipal Board for a Quieting Order pursuant
to the provisions of The Municipal Corporations
Quieting Act, R.S.O. 1960, Chapter 251.
By-Law No. 1'161 .
~eing a by-law to stop-up certain road allowances and
certain parts of I1Qad allowances in the Township of Clarke.
WHEREAS notice of intention to pass this py~law was
published once a week for at least four successive w~eks
in the Orono W~ekly Times and was posted up for at least
one month in six of the most public places in the immediate
neighbourhood of each of the said road allowances or part~
of road allowances hereby affected as required by the
provisions of The Munic~pal Act;
AN~ WHEREA~ ~o~nc~l has received no objections from
persons claiming that their land would be prejudicially
affected by the by-law;
NOW THEREFORE the Municipal Council of the Corporation
of the Township of Clarke ENACTS AS FOLLOWS:
1. THAT all those road allowances and parts of road allow-
ances in the Township of Clarke described'in Schedule "AU
and forming part of this by-law be and the s~e are
hereby stopped up. : ~
SchAdu]e "An to By-Law NC;>a 1'161
1. The Part of the Road allowance, now unopened, between
Lots 2 and 3, in the First Concession of the Township
of Clarke, County of Durham, more particularly described
as follows: .
"All and singular tHat part of the road allowance
between Lots 2 and 3, Concession 1, :in the Township
of Clarke being North of the northerly limit of
Highway 401 and south of a line drawn through the
said road allowance on a bearing, North 26 degrees
05 minutes East from a point in the said road
allowance 246.66 feet south of the north east angle
of Lot 3 in tEe said first con,cession.1t
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Regular Meeting of Council October 3, 1967 continued:
2. The Road Allowance between Lots 6 and 7 in th e Sixth
ConCession of the ~ownship of Clarke, Countyjof Durham,
extending from the SJutherly lim1 t of the said tiixth '
Concession to the northerly limit thereof.
3. Part of the Road Allowance between Lots 30 and 31 in the
Second Concession of the TOwnship of Clarke, County of
Durham, being the northerly 1155 feet southerly of the
southerly boundary of ~ueen's Highway No. 115.'
4. Part of the Road Allowance between Concesslon 9 and 10
adjacent to Lot 35 in the TownShip of Clarke, County of
Durham, and as shown on a Plan of Survey by M. L. Brown,
O.L.S. numbered 65130 dated October 15, 1965, 'marked as
Sohedule "An attached to and forming part of this
resolution and outlined in red thereon.
The following By-law was given ,third reading and finally
passed: '
By-Law No. 1553
Being a by-law ,to authorize the borrowing" or $50,695.00
upon debentures for Public School Purposes!
WHEREAS The Board of Trustees of the T~nship School
Area of Clarke in the County of Durham has request~d Council
to provide the sum of Fifty Thousand, Six Hundred and
Ninety-five Dollars ($50,695.00) for erecting and'equipping
3 rooms, being 2. classrooms of 763 N..F.F.A. (Net Functional
Floor Area) each and 1 general purpose room of 1600 sq~ ft.
N.F.~.A.~ as an addition to Sohool No. 13 at Kendal situated
in Lot 9, Concession 6, of the fownship of Clarke;
AND WHEREAS it is expedient to borrow for the said
purpose a sum no t exoeeding' Fifty Thousa.nd, Six Hundred and
Ninety-five Dollars ($50,695.00) upon the oredit of the
Corporation, to issue debentures therefore'bea.ring interest
at the rate of Six Per Centum (610) per annum payable annually
and to provide for the discount and the expenses incidental
to negotiation and sale of such debentures;' .
AND WHEREAS it is expedient to make the pri~oipal and
interest of the said debt repayable in an annual instalment
during the period Of One (1) year next, after the date of issue
of such debentures;
AND WHEREAS the Ontario Munioipal Board has approved the
purpose of the said borrowing and the passing of all requisite
by-laws, including debenture by-laws;
THEREFORE '!'HE COUNCIL OF THE CO'RroRATION OF THE TOWNSHIP
OF CLARKE ENACTS AS FOLLOW'S:-
1. For the purpose aforesaid the Corporation Shall borrow
upon the oredi t of' the Oorporat ion a sum not exoeeding Fifty
Thousand, Six Hundred and Ninety-five Dollars {'50,695.00)
am shall issue debentures therefore in sums Of not less than
$50.00. Each debenture shall bear iJ;lteres~ at the rate of
Six Per Centum (6~) per annum payable annually and shal1"have
coupons attaohed thereto for the payment of suoh interest:
2. .If debentures are requ~red, the said debentures snaIl
bear the same date, shall be issued at one time and within
one year after the day on which this by-law is passed, may
bear, any date Within sU9h one year and Shall be made payable
in an annual instalment during the period of One (1) "year
next after the date of issue thereot', ahd the l'eSpeotlve
amounts of,p:ril).cipal and ifiterestpayable in suoh~year' shall
be the amounts so deSignated in Sohedu1e "An 'hereto' annexed.
3. The debentures. shall be payableas'"to both prin6ipaland
ifiterest in lawful money of Canada and may be made payable "
at The Canadian Bank ot Oommeroe in Orohooi" at the principal
office of, the said Bank in the Oi ty of Torohto~
4. The said debentures snall'be sealed with the Seal of
the Corporation and Sighed by the' Head'of the'Council or by
some other pArson authorized l'>y by-law to sign the same and
by the Treasurer. The said interest coupons shall be signed by
the Treasurer and his signature thereon may be wri tten,
stamped, lithographed or engraved.
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Regular Meetin~ of Counoil October 3, 1967 continued:
In eaohyear of theourrency of the said debentures
oommenoing in 1968, the respective amount of pIfncipa1 and
interest set forth in SOhedule "AU hereto shall oe levie d '
and raised annually upon all the rateable' property of rate-
payers who a..,.e SH'Dnorters of I'ublio Sohool in the said Town-
shi:p Sohuul Area of the TORnship of Clarke, by a speoial rate",
suffioient therefore, at the same time, and in the same manner
as other rates.' - . .
, The said. debentures may oontain a clause, providing for the
"regis:trat ion thereof pursuant to Sect ion 335 of The Municipal ,
Act. -
Pending'the sale of the said debentures the Head of the
Counoil and the Treasurer may raise tor the purpose aforesaid"
oy way of loan on suCh debentures any stim or .Stim~,of mohe~ not
exoeeding in all the amount hereby authorized to be borrowed
and may hypothecate such debentures for suoh loan: '
Sohedu1e "A" to By-Law No. 1553 $50,695.00 610 -1 year
Year Princ1~al , Intere~t Tota"l' Pa:r:nent
,-- l50,o9.00,,' l3,041.70 '53,73b.70
Resoluti.on No. l58:Moved by W.R.Carveth;seoondelr'by Orme'-Falls:
.' This Council hereby adjourn to meet again On Tuesday~
November 7, 1967, in regular meeting in the Council Chamber
at Orono or otherwise in speoial meeting at the oall of the
Reeve.-Carried.
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Reeve. .
SPEOIAL MEETING OF THE COUNCIL
. OF . THE TOWNSHIP OF CLARKE
Monday, Ootober 16,.1967 at a.p.m.
Council Ohamber, Orono.
Present: Reeve R. A. Foster
Deputy Reeve H. E. Walkey
Counoillor O. H~ Falls
Councillor.~ R. Carveth
Councillcr F. A. Gray
Clerk H. E. Mlllson
Speoial meeting of Council was oalled by Reeve Foster to
oonsider the following business:
Th$ Treasurer presented a statement of the Budget and
Expen~i ture and Revenue Comparison as of October 3, 1967.
The following correspondenoe and reports and petition
were read'out by Reeve Foster:- ,-
1. Copy letter of C*Radlan.Paoific to RailWay Transport
CommisSion're File No. 3701.12'9 re proposed impm:vements
to TWp. Rd. level crossing Clarke, Ont., Mileage 155.66
Bellevi1le'Subd.-Tabled.':
2. Wm. W. Bittle tor E. H. Fleming, Reeve" Amherst Island,
Stella, Ontario re Propagation of Small Game on the Island
and promoting HUhting under a type of control that would
benefit both hunters and property owners.-Referred to Clerk.
3. Canadian Transport Co~ssion re 111eNos. 26727.l0l6
and 26727.339 re propose4 impro,vements to and automtic
proteotion at the oross1tlg Of the To.n Line and a~p.R.,
mil&age 160.65 Belleville Subdivision, also' the olosing of
Crossing at the ConoessionBoad, mileage 160.82 through a
diversion road to oonnect both of the above.-Filed.
4. Totten, S1ms, Hubicki ~ Assooiates Limited, Consulting
Engineers, Whitby, Ontario re B.O.'f'.C. Files.,26727-339,
26727-1016, C.P.B. Crossing Improvements.' Townships or
Clarke ~ Darling~onJ Our File W40l.-Filed. ,
5. Ontario Department of Highways, Port Hope. re TOwnship
Road Conneotion-Cobb1ediok Road Westerly-Adjaqent to and
SOuth of C.N.R. as business br~.'tUght forwardf:rom Ootober
3; 1967.-Tabled. .'
6. Ontario Department of HighllayS. Port Hope re Subsidy
Payment on Road Clark's Salary.-'fhe Clerk and Road Super- ,
intendent be and are hereby instruoted to carry out t4e
advioe of Department or Highways of Ontario as stated~ herein.
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