HomeMy WebLinkAboutVienna By-Laws 1973 Vienna Village
Bri Laws
By-Laws
#702 — 707
1973
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THE CORPORATION OF THE MUNICIPALITY
OF VIENNA
By-Law 702
Moved By: A. Hartmann
Seconded By: A. Goethals
By_Law 702 being a by-law to appoint Municipal Officers for the
10
year 1973 through authority vested in Municpal Councils by the
Municipal Act.
Therefore be it enacted by the Municipal Council of the
Municipality of Vienna:
That the Municipal Officers for the year 1973 be as follows:
Clerk-Treasurer Pauline McCurdy
Tax Collector Pauline McCurdy
Assistant Clerk-Treasurer Jack Petrie (3200.00)
Janitor (Hall) Marion Todd
Civil Servant Russell Ryan
Pound Keeper D. C. Aninal Control
Weed Inspector Russell Ryan
Building Inspector Ralph McCurdy
Road Superintendent Charles Pacz
P.U.C. (Street Light Maintenance Edward Beattie (%75.00)
Weed Mowing Hugh Ferris
Sidewalks Arthur Goethals
Auditors Denning, Barker & Co.
Fence Viewers (Russell Ryan
(Edward Beattie
(Ralph
License Issuer PauinecMcCurdy
Trench Excavation Inspector Russell Ryan
Town Property Arthur Goethals
Town Foreman Russell Ryan
Relief Administrator Jack Petrie
By-Law Enforcement Officer Ralph Baker
Read a first, second, and third time and finally passed this
10th day of January, 1973.
���s sLL�it1-off 4ulne.
����K. Emerson, Reeve ?.? ird 1
I
1
CORPORATION OF THE
MUNICIPALITY OF VIENNA
BY-LAW NO. 703
,MOVED BY: A. Goethals
• SECONDED BY: H. Ferris
Being a By-Law to authorize the borrowing of $10,000.00.
Read a first, second, and third time and finally passed this
10th day of January, 1973.
i11f���vW 4109 / 'C #
. . erson, Reeve. •au ne McCu y, Ce . 6
Form 100.62 Ontario
CORPORATION OF THE MUNICIPAL OF VIENNA
• BY-LAW No 703
3p=tatu to authorize the borrowing of $ 10,000.00
Whereas the Council of the
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $ 10,000.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
Nora.—Refer And Whereas the total amount of the estimated revenues of the Munici-
or`ee"`cv::e`et pality as set forth in the estimates adopted for the year 1973 , not including
no',l.11°°tnorde revenues derivable or derived from the sale of assets, borrowings or issues of
of Mt r' debentures or from a surplus, including arrears of taxes and proceeds from the sale
. of assets, is $
And Whereas the total amount heretofore authorized to be borrowed
(Delete this this year for the purposes mentioned in subsection (1) of Section 329 of The
paragraph tf not
apphcahk.) Municipal Act is $ 10,000.00 , of which the Municipality has
already borrowed a total of $ nil
Therefore the Council of the Municipality of Vienna
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 way of promissory note from CANADIAN IMPERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate $
to meet until the taxes are collected the current expenditures of the Municipality
for the year, including the amounts required for the purposes mentioned in subsection
(I) of Section 329 of the Municipal Act, 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 per centum per annum.
2. Ali sums borrowed pursuant to the authority of this by-law,as well as all other sums
borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 329, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed 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.
Passed this loth day of January 1973
�•— THE HMAD OF TEl MUNICIPALITY
{ SEAL
o w
I hereby certify that the foregoing is a true copy of By-law
No. 703 of the Municipality of Vienna
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Dated This 5th day of February 19 73.
As Witness the Seal of
the Municipality of Vienna
SEAL I. 7--1;24,..././Sef.e.
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THE CORPORATION OF THE MUNICIPALITY
OF VIENNA
By-Law No. 704
Being a by-law to set the mill rate for 1973.
Whereas the Corporation has assessment of 3390,280. , being
1103,505. Public Commercial; $262,975 Public Residential;
5.750. Separate Commercial; $18,050. Separate Residential.
And WHEREAS the Corporation deems it necessary to raise $29,767.
by taxation.
Therefore be it enacted by the Council of the Corporation of the
Municipality of Vienna
1) That the mill rate for the year 1973 be:
PUBLIC SEPARATE
Residential-Commercial Residential-Commercial
General Village 30.378 36.783 30.378 36.783
County of Elgin 12.759 12.759 12.759 12.759
Elementary School 16.921 18.801 22.464 24.960
Secondary School 13.135 14.595 13.135 14.595
73.193 82.938 78.736 89.097
2) The aforelisted mill rates shall be levied upon all properties
in the Village of Vienna in their respective school categories
and the resulting taxes shall be paid in two instalments being
one-half on or before July 15th, and one-half on or before Novembar
15th, provided however, that taxes have a gross value of ten dollars
or less shall become due and payable on July 15th, 1973. Discounts
for prepayments and penalties for defaulted payments shall be allow-
ed as per schedule followed in previous years.
Read a first, second and third time and finally passed this 31st
day of ray, 1973.
462.47.1.4diri
K. C. En son, Reeve aP uline McCurdy, C rk.
THE CORPORATION OF THE MUNICIPALITY
OF VIENNA
By-Law 705
Being a By-Law to prohibit the use, and to prohibit the owner or
lessee of any trailer from permitting the use, of any trailer for
the living, sleeping or eating accommodation of persons within
the municipality for more than 60 days in any period of ten
consecutive months except in a licenced mobile home park or
j -licenced tent and/or trailer park.
In this By-Law, "TRAILER" means any vehicle so constructed that 1 ,
is suitable for being attached to a motor vehicle for the purpose
of being drawn or propelled by the motor vehicle, and capable of
being used for the living, sleeping or eating accommodation of
persons, notwithstanding that such vehicle is jacked-up or that
its running gear is removed.
WHEREAS paragraph 86rof Subsection 1 of Section 354 of The
Municipal Act, 1972, provides that councils of local municipalit-
ies may pass By-Laws for prohibiting the use of trailers. .
THEREFORE BE IT ENACTED by the MUNICIPAL COUNCIL OF THE
CORPORATION of the VILLAGE OF VIENNA.
1. No trailer shall be used, and no owner or lessess of any
trailer shall permit the use of said trailer for the living,
sleeping, or eating accommodation of persons within the
(Township) Village of Vienna, except in a licenced mobile home
park or a licenced tent and/or trailer park, for more than 60
days in any period of ten consecutive months.
2. This By-Law shall not apply to any trailer for which a build-
ing permit has been issued at the date of the passing of this
By-Law.
11 3. This -Lax
By shall not apply to any trailer located in the
Village of Vienna for the purpose of sale or storage only.
4. Every person who contravenes the provisions of this By-Law
shall be guilty of an offence and liable to a penalty of not
less than $10.00 and not more than $50.00, exclusive of costs,
and each day that a person contravenes this By-Law shall be
deemed to constitute a separate offence.
READ A First, Second and Third Time and FINALLY PASSED this 14th
day of June 19/7j;
1UI-L2e-�,L /Qerzi;..7)),
Reeve
Cl k.
THE CORPORATION OF THE
TOWN OF VIENNA
FIRST READING: August 9, 191
SECOND READING: August 9, 1973.
THIRD READING:
BY-LAW NUMBER 706
BY - LAW NUMBER
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THE CORPORATION OF THE TpwN OF VWiNA
A By-law authorizing The Medina Natural Gas Company,
Limited to lay down, maintain and use pipes and other necessary
works for the transmission and distribution of gas on, in, under,
along and across any highway under the jurisdiction of the
Council of The Corporation of the Town of ✓itnaa •
together with the right to transmit gas in and through the Muni-
cipality and to bring in, produce, distribute, supply and sell
gas to residents of the Municipality.
FINALLY PASSED the day of , 19 .
WHEREAS The Medina Natural Gas Company, Limited (hereinafter
referred to as the "Company", and which term shall include its
successors and assigns) , is engaged in the business of produc-
ing, purchasing, transmitting, distributing, supplying and selling
gas.
AND WHEREAS, The Company has purchased the mains, pipes,
lines and works of The Central Pipeline Company, Limited.
AND WHEREAS the Company has requested the Council of
The Corporation of the Town of Vienna to grant it a
franchise or right to lay down, maintain and use pipes and
other necessary works for the transmission and distribution of
gas on, in, under, along and across any highway located within
the Town of Vienna (hereinafter referred to
as "the Municipality") together with the right to transmit gas
in and through the Municipality and to bring in, produce,
distribute, supply and sell gas to residents of the Municipality.
AND WHEREAS the Council deems it advisable to grant
the said request subject to terms and conditions hereinafter set
forth.
' - 2 -
BE IT THEREFORE ENACTED by the Council of The Corporation
of the Town of vianoa as follows: -
1. Full right, power, permission, consent and authority of
the Municipality are hereby given, granted, conferred and assured
unto the Company, its successors and assigns, to lay down, maintain,
and use pipes and other necessary works for the transmission and
distribution of gas on, in, under, along or across any highway
under the jurisdiction of the Council of the Municipality,
including therein the right from time to time and at any time,
to survey, construct, lay, maintain, inspect, alter, repair,
renew, remove, abandon, replace, reconstruct, extend, use and
operate in, through, upon, under, along and across the same or
any of them or any part or parts of them, such transmission and
distribution mains, pipes, lines, services and works (with any
and all necessary or incidental apparatus, attachments, appli-
ances, arrangements for cathodic protection, regulators, valves,
curb-boxes, safety appliances and other such like appurtenances)
which the Company may desire from time to time and at any time
for the transmission of gas in and through the Municipality and
for a gas distribution system and any extension or extensions from
time to time thereto and together with the further right from
time to time and at any time to enter upon, open up, dig, trench,
use and occupy such highways or part or parts of them for any of
the purposes aforesaid and further together with the right from •
time to time and at all times to use and operate a gas transmission
and distribution system in the Municipality and to transmit gas
in and through the Municipality and to provide gas service to
any resident or residents of the Municipality, and to bring in,
transmit, produce, distribute, supply and sell gas in and through
the Municipality for fuel, heat and power.
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2. All new (or renewal) mains, pipes, lines and works
installed by the Company under this By-law shall be constructed
and laid in accordance with good engineering and construction
practices. Except in case of emergency:
(a) no excavation, opening or work (exclusive of service
connections from the street main to the property line)
which will disturb or interfere with the travelled
surface of any highway shall be undertaken or commenced •
by the Company without written notice to such officer
of the Municipality as may from time to time be appointed
by the Council of the Municipality for the purpose of
general supervision over its highways (hereinafter re-
ferred to as "the said officer of the Municipality",
which term shall include the person acting in his stead
in the event of his absence from duty) , such notice to
be given at least 24 hours in advance of commencing
such work unless otherwise agreed to by the said officer
of the Municipality, and
(b) before laying or installing any new (or renewal) mains,
pipes, lines and works (exclusive of service connections
from the street main to the property line) , the Company
shall first file with the said officer of the Municipality
a preliminary map or plan showing what it proposes to
lay or install and the proposed location thereof and
shall also check with and obtain the written approval
of the said officer of the Muuic:iapiity as to such
proposed location.
Not later than three months after the close of each of its
fiscal years the Company shall file with the Clerk of the Mun-
icipality, maps or plans showing the location and size of all
mains, pipes, lines and workslaid or installed by the Company in
the highways during its previous fiscal year, exclusive however
of service connections from the street main to the property line.
3. In so far as is reasonably practicable, all lines and •
works constructed or installed by the Company shall be placed
underground, and, except where it shall be necessary to cross a
highway, along the sides of the highway. All lines and works
constructed by the Company shall be so constructed as when
completed not to obstruct or interfere with or render more
difficult or dangerous the use of the highway or any municipal
sewers, water-pipes, drains, bridges, culverts or ditches thereon
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or therein, or other municipal works or improvements thereon or
therein or the improvement or repair thereof, or with the roads
or bridges to property fronting thereon, and wherever any such
line shall be carried across an open drainage ditch, it shall be
carried either wholly under the bottom thereof or above the top
thereof, so as not in any way to interfere with the carrying
capacity of such ditch.
4. Upon the laying down of any lines or works or the taking
up of any lines or works, or the moving of any lines or works
from place to place in any highway, the Company shall, at its
own expense and with all reasonable expedition, restore the
highway at the point of entry as close as reasonably practicable
to the condition in which it existed immediately prior to such
entry and leave the same in as safe and good a state of repair as
it was before it was entered upon or opened. The Company shall
further make good any settling or subsidence thereafter caused by
any excavation made by it, to the satisfaction of the Reeve or
other officer of the Municipality above mentioned.
5. In the event that the Municiaplity in pursuance of its
statutory powers shall deem it expedient to alter the construction
of any highway or of any municipal drain, ditch, bridge, culvert
or other municipal works or improvements thereon or therein and in
the course thereof it shall become reasonably necessary that the
location of a main, line, pipe or works of the Company laid or
operated under this By-law should be altered at a specified point
to facilitate the work of the Municipality, then upon receipt
of reasonable notice in writing from the Clerk of the Municipality
specifying the alteration desired, the Company shall, at its
own expense, alter or re-locate its main, pipe, line or works
at the point specified.
4 ,
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6. The Company shall make no charge for tapping its main
or laying service lines in the highways.
7. The Company shall and does hereby at all times in-
demnify and save harmless the Municipality from and against all
loss, damage, injury or expense which the Municiaplity may bear,
suffer or be put to by reason of any damage to property or injury •
to persons caused by the construction, repair, maintenance,
removal or operation by the Company of any of its mains,pipes,
lines or works in the Municipality unless such loss, damage,
injury or expense is occasioned by Act of God or by the act,
neglect or default of some person, firm or corporation other than
the Company, its servants, contractors, sub-contractors, agents
or employees.
8. The rates to be charged and paid for gas sold by the
Company in rhe Municipality and the meter rentals and other
charges, if any, to be paid by ultimate consumers of gas in
the Municipality, shall be such as shall from time to time be
fixed by Order of the Ontario Energy Board or other rate-fixing
Body having jurisdiction in such matters.
9. The rights and privileges, duties and obligations arising
out of this By-law and the Agreement hereinafter referred to
shall be subject to the provisions of The Energy Act, R.S.O. 1970,
c. 148 and The Ontario Energy Board Act, R.S.O. 1970, c. 312, •
(or any Act or Acts passed in amendment thereof or substitution
therefor) and to any regulation made pursuant thereto and to
any lawful order, direction-or requirement made thereunder and
no provision of any general by-law of the Municipality hereto-
fore or hereafter enacted, purporting to deal with any specific
matter dealt with in this By-law, shall prevail over the cor-
- 6 -
responding provision of this By-law.
10. The rights and privileges hereby granted shall
continue and remain in force for a period of thirty (30)
years from the date when this By-law takes effect.
11. - In this By-law, •
"Gas" means natural gas, manufactured gas or any
liquified petroleum gas, and includes any mixtures of natural
gas, manufactured gas or liquified petroleum gas, but does not
include a liquified petroleum gas that is distributed by a means
other than a pipeline.
"Highway" or "Highways" mean and include a common and
public highway, street, avenue, boulevard, parkway, drive-way,
lane, alley, square, place, sidewalk, bridge, viaduct or trestle
and any other structure incidental thereto, now or at any time
during the term of this By-law under the jurisdiction of the
Municipality.
"Municipality" means the Town of Vienna
as constituted on the date when this By-law takes effect or
as it may from time to time be constituted during the term of
' this By-law.
12. It is recognized that gas is a public utility, the use
of which may be essential to the proper development of any new
area of sub-division. The Municipality therefore agrees to •
notify the Company of each new plan of sub-division before the
same has been approved by the Council and to take any reasonable
steps to ensure that in each new plan of sub-division adequate
provision is made for the reservation of lands for gas regulator
sites. In so far as is reasonably practicable, the Company shall
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endeavour to construct its mains in new areas of sub-division
at the same time as the Municipality is constructing its public
services therein.
13. Unless the assent of the Municipal Electors is dis-
pensed with by the Ontario Energy Board, this By-law shall not
take effect unless and until it has been assented to by the
Municipal Electors of the Municipality as provided for by The •
Municipal Act with respect to By-laws requiring the assent of the
Electors or as may be provided for by special legislation providing
for the obtaining of the said assent at a time other than the
day fixed for taking the poll at the annual municipal election.
Upon the assent of the Municipal Electors having been obtained
or dispensed with as above, this By-law and the powers and
privileges hereby granted shall still not take effect and be
binding unless and until formally accepted by the Company in an
Agreement which will legally bind the Company to perform, observe
and comply with all the agreements, obligations, terms and
conditions herein contained and unless and until such Agreement,
when so accepted shall have been executed under the corporate
seal of The Corporation of the Town of Vienna by
the Reeve and Clerk who are hereby authorized and empowered so to
do. Upon the aforesaid provisions having been complied with,
this By-law shall come into force and take effect.
THE CORPORATION OF THE TOWN OF •
VIENNA
�J� I •
K. C. Emerson Reeve
4L1-111 1) rege
Paulte McCurdy erk
Certified to be a true copy of By-law read for a first and
second time this 9th day of August, 1973.
)7L, ,deal
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6' 3 4 5- .5- 3
CORFORATI ON
of the
VILLAGE OF VIENNA
•
By-Law ... Mo. 707
Being a By-Law to confirm all actions of the council of the
Village of Vienna for the year 1973.
Be it therefore enacted by the Municipal Council of the Corporat-
ion of the Municipality of the Village of Vienna, that all
actions by the said Council, by By-Lawk and Resolutions for the
year 1973. be and the same are hereby approved and confirmed.
Read a first, second and third time and finally passed this
28th day of December, 1973.
Reeve C erk /