HomeMy WebLinkAboutVienna By-Laws 1974 Vienna Village
By
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By-Laws
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1974
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CORPORATION OF THE
MUNICIPALITY OF VIENNA
BY-LAW NO. 708
MOVED BY: A. Hartmann
SECONDED BY: C. Racz
THAT By-Law 709 being a by-law to appoint Municipal Officers for
the year 1974 through authority vested in Municipal 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 1974 be as follows:
Clerk-Treasurer Pauline McCurdy
Tax Collector Pauline McCurdy
Assistant Clerk-Treasurer Jack Petrie (1100.00)
Janitor (Hall) Betty Turrill
Civil Servant Russell Ryan
bind Keeper D.C. Animal Control
Weed Inspector Russell Ryan
Building Inspector Ralph McCurdy
Road Superintendent Charles Racz
P.U.C. Street Light Maintenance Edward Beattie 0100.00)
Weed Mowing Hugh Ferris
Sidewalks Arthur Goethals
Auditors Denning Barker & Co..
Fence Viewers (Russell Ryan
(Edward Beattie
(Ralph McCurdy
License Issuer Pauline McCurdy
Trench Excavation Inspector Russell Ryan
Town Property Arthur Goethals
Town Foreman Russell Ryan
By-Law Enforcement Officer William Underhill
Read a first, second, and third time and finally passed on this
9th day of January, 1974.
.6-472,4-1 27-lt
• K. C. Emerson, Reeve Pauline McCurdy, Clerk
Farm 100-62 Ontario
CORPORATION OF THE MUNICIPALITY OF VIENNA
BY-LAW No 709
Tgp=latu to authorize the borrowing of$ 10,000.00
Municipality of the
Whereas the Council of the Village of Vi enna
(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;
Nam—Refer And Whereas the total amount of the estimated revenues of the Munici-
to the eetimatn
for the NrTent panty as set forth in the estimates adopted for the year 19 , not including
Year if adopted;
tf notro hose revenues derivable or derived from the sale of assets, borrowings or issues of
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
(nektethia this year for the purposes mentioned in subsection ((1 of Section 329 of The
oar=If not l )
+ppltcab .) 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
(1) 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. All 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 9th day of January 1974
Tat HUD OR Tal MUMCUTAL[TY
ZEAL } 7i2e
�`w'C 1 Y LERK
I hereby certify that the foregoing is a true copy of By-law
' No. 709 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 9th day of January 19 74
As WItness the Seal of
the Municipalityf Vienna
esAL +11j
ajaZZ, t.L. A SLG
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CORPORATION OF THE
MUNICIPALITY OF VIENNA
BY-LAW NO. 709
MOVED BY: H. Ferris
SECONDED BY: A. Goethals
Being a By-Law to authorize the borrowing of 310,000.00.
Red a first, second, and third time and finally passed this
9th day of January, 1974.
K. C. Emerson, Reeve. Pauline rcCur
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO. 710
A BY-LAW requiring the owners to fence privately owned outdoor
swimming pools.
WHEREAS authority is granted to the Council of the Village of
Vienna, under Section 3547(1), paragraph 24, of the Municipal Act
R.S.Q. 1970, for requiring owners of privately owned outdoor
swimming pools to erect and maintain fences and gates around such
swimming pools and for prescribing the height and description of,
and the manner of erecting and maintaining such fences and gates.
BE IT THEREFORE ENACTED by the Council of the Corporation of the
Village of Vienna&
1). Privately owned outdoor swirling pool means any body of water
permanently located outdoors on privately owned property contained
by artifical means and used or maintained for the purpose of swim-
ming, wading, diving or bathing.
2). No person shall maintain a privately owned outdoor swimming
pool in the Village of Vienna unless such pool or the land or part
of the land on which such pool is located is effectively fenced
and, or, enclosed in, in accordance with the following provisions:
(a) Every fence shall be not less than 48 inches in height.
(b) Every fence shall be son constructed as not to have open-
ings, holes, or gaps larger than four inches in its
shortest dimension.
(c) Every fence shall be so constructed that all horizontal or
diagonal structural members of the fence shall be located
cn the inside or pool side of the fence.
(d) Every fence shall be so constructed that it cannot be used
in a manner similar to a ladder.
(e) A dwelling, house, building or accessory building may be
utilized to effectively enclose any pool.
(f) Every fence shall be so constructed so as to have as the
only means of entry by gates or doors:
(1) All gates or doors shall be equipped with a self-
closing device and a self-latching device on the pool(
side at the top of the gate to the intent that all
gates or doors will remain securely closed when not
in actual use.
(2) Allates shall comply with Sections (a), (b), (c)
and Cd).
(3 ) Part (1) shall not apply to the door of any dwelling
house which forms a part of the enclosure.
(g) A boundary fence which complies with the provisions of
II/ this section shall be deemed a sufficient fence.
3) The provisions of this By-Law shall comply to all privately
owned outdoor swimming pools, regardless of the date of constr-
uction or erection of such swimming ppel.
4) Any person convicted of a breach of any of the provisions of th'
By-Law shall forfeit and pay, at the discretion of the convicti
Magistrate or Judge, a penalty of not more than 300.00, exclus
ive of costs, and the same shall be recoverable under the provi-
ions of The Summary Convictions Act as provided by the
Municipal Act.
READ, A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this
9th day of May, 1974.
A / , A t
Reeve
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THE CORPORATICV OF THE MUNICIPALITY
OF VIENNA
BY-LAW NO. 711
Being a By-Law to set the mill rate for 1974.
1Whereas the Corporation has assessment of 1403,670. , being
113,425. Public Nmmercial; 1261,760, Publ5^ Residential;
5,750. Separate Commercial; 122,735. Separate Residential.
411 And WHEREAS the Corporation dee4es it necessary to raise 132,200.
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 1974 be:
PUBLIC SEPARATE
Residential-Commercial Residential-Commercial
Genral village 38.551 45.475 38.551 45.475
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5. 75
County of Elgin 8.452 8.452 8.452 8.452
Elementary School 15.910 17.678 14.867 16.519
Secondary School 13.907 15.452 13.907 15.452
76.820 87.057 75.777 85.898
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 November
15th, provided however, that taxes have a gross value of ten dollar.
or,less shall become due and payable on July 15th, 1974. 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 12th
day of June, 1974.
/ee-'44-1-71.4-41/Lr
410
K. C. Everson, Reeve
Pauline McCurdy, Clerk., 1
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/ BY - LAW NUMBER 717
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THE CORPORATION OF THE TOWN OF VIENNA
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 Vienna
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.
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BE IT THEREFORE ENACTED by the Council of The Corporation
of theTown of Vienna 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 Municiaplity 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 works laid 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.
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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 the 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-
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responding provision of this By-law.
10. The rights and privileges hereby granted shall
continue and remain in force for a period of five (5)
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 Ry-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
dispensed 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 dis-
pensed 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 con-
tained 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 VILLAGE OF
VIENNA
Reeve
Clerk
THE CORPORATION OF THE
4
TOWN OF VIENNA
FIRST READING: October 10, 1974
SECOND READING: October 10, 1974
THIRD READING:
BY-LAW NUMBER
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VILLAGE OF VIENNA
COUNCIL METING October 10 1974
MOVk D BY 1
SECONDED BY. . . .4t.9900
THAT The Council of the Village of View request the Ontario
Energy Beard to grant an order dispensing with the
oonsent of the Municipal Electors to the passing of the
Yff/7 byelaw is question persaaat to Bootie* 9(b) of the
Munieijai !rasehies's Lot. CAHBIID
(Signed) K. C. mUDISCN
Reeve.
A certified and true espy.
Pauline McCurdy. Clerk.
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BY - LAW NO. 718
VILLAGE OF VIENNA
Being a by-law to provide for the appointment of Violet
Van Belois as an employee of the Village of Vienna.
10 WHEREAS to confirm the action taken by resolution of
the Council of the Village of Vienna on date of October
10th. 1974, it is deemed adviseable to pass a by-law:
THEREFORE BE IT ENACTED by the Municipal Council of the
Village of Vienna as follows:-
1. That effective November 1st. , 1974, Violet Van Belois
be and is hereby engaged as Clerk, Treasurer and Tax
Collector of the Village of Vienna.
2. That in consideration of the aforesaid employment,
the salary of the said Violet Van Belois shall be at
the rate of $1320.00 per annum.
READ a first, second and third time and finally passed
this 14th. day of November, 1974.
Reeve Clerk
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Ad
THE CORPORATION OP THE VILLAGE
OF VI '!QPA
py-LAW "c. 71R
Being a by-law to appoint Clerk-Treasurer.
., Laved by: A. Goethals •
Seconded by: H. Ferris
That by-law 71R being a1 by-law to apboint Violet VanTelois as
Clerk-Treasurer and tax collector "or the Village of Vienna
as of November 1, 1974.
Moved by: C. Racz I
SCconded by: A. Hartmann
Second Reading of Hy-Law 71R.
Moved by: A. Goethals
Seconded by: H. Ferris
That 9y-Law 71P he real a hire t1.n and finally passed this
10th day of October, 1974
'. C. a erson, - ve au ine P( 4 lerfcL
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3epteliber 1. 1974.
TO WHOM IT MAY CONCERN:
This is to certify that the
bearer, Mr. William Underhill has been
appointed By.Law Enforcement Officer and
Building Inspector for the Village of Vienna.
Yours truly,
Pauline McCurdy,
Clerk-Treasurer.
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• •" ION OF THE VILLAGE OF VIENNA .
' NO. 719 •
WHEREAS the Corporation of the Village of
desires to execute an agreement with Her Majesty the
in right of Ontario as represented by the Minister of the
nt for the supplying of water in accordance with
le "A" attached hereto;
AND WHEREAS such agreement will not be executed
the approval of the Ontario Municipal Board has been
• BE IT THEREFORE ENACTED by the Council of the
fation of the Village of Vienna as follows:
That the Municipality enter into and execute
an agreement with Her Majesty the Queen in
right of Ontario as represented by the Minister
of the Environment for the supplying of water
in accordance with Schedule "A" attached hereto.
The Reeve and Clerk are hereby authorized
and directed to execute, subject only to the
approval of the Ontario Municipal Board an
agreement substantially the same as that attached
hereto as Schedule "A".
This By-law is subject to the approval of the
Z.. Ontario Municipal Board.
A FIRST TIME on the Second day of November 1974
ASSCOND TIME on the Second day of November 1974
A THIRD TIME and finally passed on the Second day
lovember, 1974 •
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Reeve
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Clerk
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SCHEDULE " A " TO BY-LAW NO . 719 OF THE CORPORATION
OF THE VILLAGE OF VIENNA
THIS AGREEMENT, made in triplicate this o2.3 z day of ,y,
A.D. 19 75 .
BETWEEN:
THE CORPORATION OF THE VILLAGE OF VIENNA ,
(hereinafter called the "Municipality")
THE PARTY OF THE FIRST PART I�
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HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
THE PARTY OF THE SECOND PART
WHEREAS the Crown proposes to supply water
to the Municipality from water works to be provided or acquired ,)
by the Crown; �(
AND WHEREAS the Council of the Municipality
on the second day of November , A.D. 1974 , passed
By-law No . 719 authorizing the Municipality to enter
into an agreement with the Crown for such purpose upon the
terms and conditions hereinafter set out ;
AND WHEREAS the Ontario Municipal Board has by
Order dated the sixth day of June , A.D. 1975 ,
approved the entering into by the Municipality of this
agreement ;
NOW THEREFORE THIS AGREEMENT WITNESSETH that
under sub-section (la) of section 17 and section 18, of The
Ontario Water Resources Act the parties hereto , in consideration
of the covenants, terms and conditions hereinafter set forth,
covenant and agree with each other as follows :
1 . In this agreement ,
,E' tcr� (a) "calendar year" means the period commencing
January 1st in any year and ending
December 31st in the same year;
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(b) "commencement date" means the date on
which the Crown is able to supply water
hereunder, as determined by the Crown;
(c) "Crown" means the Crown or any of its
employees , agents , servants or officers
authorized to act on its behalf under this
agreement ;
(d) "delivery rate for water" means the rate
charged for the delivery of water from the Elgin Area
Secondary Water Supply System to the point
or points of delivery expressed in cents
per one thousand Imperial gallons of water
as determined by the Crown hereunder ;
(e) "initial period" means the period
commencing on the commencement date and
ending December 31st of the second
calendar year next following;
(f) "initial rate period" means the period
immediately subsequent to the initial
period consisting of three consecutive
calendar years ;
(g) "rate for water" means the rate charged for
water, exclusive of the charge for delivery
thereof from the Crown's Elgin Area Secondary Water Supply;;"I
System, expressed in cents per one thousand i
Imperial gallons of water, as determined by
the Crown hereunder;
(h) "rate period" means any period subsequent
to the initial rate period consisting of
five consecutive calendar years ;
(i) "Water Works" means the water
works provided or acquired by the Crown
for the Municipality under this agreement. ;+
2. The Crown agrees:Ix
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(a) To supply water to the Municipality, without undue
delay, on the terms and conditions hereinafter (�
set forth, and to such other municipalities and
persons and m such terms and conditions as the
Crown may determine from time to time;
(b) To supply the water hereunder at such point or
points of delivery in the Water Works as shall
be designated from time to time by the Crown
after consultation with the Municipality ;
(c) To the objective of a commencement date on the
1st day of December, A.D. 1976, subject to
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sufficient capital funds being allocated in the I
• estimates and votes of the Ministry of the
. Environment, and to notify the Municipality in
writing of the commencement date at least 20
days prior thereto, and
(d) To exercise reasonable care in the carrying f�
out of all of the terms of this agreement ,
it being understood and agreed nevertheless
between the parties hereto that subject
4IP always to the obligation to
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xercise such
reasonable care, no warranty or liability (I
on the part of the Crown is intended nor shall
any warranty or liability be implied or imposed j:
in respect of the performance of this I
agreement by the Crown. 1
3. It is expressly agreed and understood by the parties
^' ' I\FFY T hereto that all water delivered by the Crown pursuant
TATER to this agreement into any water works belonging
to or under the control of the Municipality, or into
any service pipe or connection connected to any property
or building for which the Municipality has agreed or
is compelled by law to supply with water, or into any
service pipe or connection under the statutory control
of the Municipality, shall be deemed to be delivery
of such water to the Municipality for all purposes
of this agreement .
4 . (a) The Crown shall install such equipment as may
be necessary to determine the volume of water
tum` withdrawn hereunder and the Municipality may
from time to time inspect such equipment at
its expense .
(b) In the event that the Crown determines that the
F'Tin‘TEP withdrawal of water by or on behalf of the I
miir4 Municipality from the Water Works has not �j
been recorded or has not been recorded accurately
for any period of time, the Crown shall
estimate the volume of water withdrawn from
the Water Works during such period of time,
and such determination and estimation shall be
r final and binding on the parties hereto .
(c) The connection of water works that belong to J
(logs or are under the control of the Municipality
to the Water Works and any repairs to or
alternations of such connection shall be to the
satisfaction of the Crown and at the expense
of the Municipality, and in the event that
the equipment referred to in sub-paragraph (a) i
hereof is installed in works belonging to or I
under the control of the Municipality, the j
Municipality shall permit the Crown access to i
such equipment at any time or times for the
purpose of reading or testing such equipment. I
- 4 -
5. The Municipality shall not use, transmit, provide
SOLE SOURCE or purchase or otherwise acquire a supply of water
OF SUPPLY from any source other than from the Water Works
without the prior written consent of the Crown.
IP6. (a) The Municipality shall pay to the Crown
CHARGES all charges for water withdrawn hereunder I'
which shall be the sum of,
(i) the gallonage charge as set out in
sub-paragraph (b) hereof, and
(ii) all sums received by the Municipality +►
as water rates imposed upon owners or
occupants of lands in respect of
local distribution mains or fire
hydrants provided and operated by the
Crown hereunder;
f
and the Municipality shall pay to the Crown 1
the charges set out in clause (ii) of sub-
paragraph (a) hereof in the year in which 1
such water rates are collected by the �f
Municipality. �)
(b) The charge for water withdrawn hereunder for
each month
shall be calculated as the sum of �!
(i) the product of the rate for water for
the initial period, the initial rate
period or the rate period as the case
may be, applicable to such month and
the total volume of water withdrawn by
or on behalf of the Municipality from
the Water Works in such month, and
(ii) the product of the delivery rate for
water for the initial period, the
il/ initial rate period or the rate period
as the case may be, applicable to such
month and the total volume of water
withdrawn by or on behalf of the
Municipality from the Water Works in
such month;
ti
!!I
11
- S - li
as determined by the Crown and such charge
shall be paid by the Municipality to the
Crown in accordance with its monthly
statement of account delivered to the
Municipality. •
(c) The rate for water supplied hereunder for
the initial period , the initial rate
RATE FOR period and any rate period shall be equal
WATER to the rate for water at which water is
sold to the Corporation of the Village of
Port Burwell under an agreement dated the
16th day of September, A.D . 1969, between
the former Ontario Water Resources
Commission and the said Corporation as it
may be amended from time to time , or any
agreement for a similar purpose which may
be substituted therefor, which agreement +�
or substitution therefor is hereinafter
referred to as "the Port Burwell Agreement" , i)
as determined by the Crown from time to ;)
time in accordance with the Port Burwell
Agreement.
(d) (i) Subject to the terms of this
agreement, the delivery rate for
DELIVERY RAT: water for the initial rate period
FOR WATER and any rate period shall be
determined by the Crown in its
discretion and shall be based on II`
the cost to the Crown, as determined
by it, of supplying water from the 1!
Water Works .
I
!i
�t
J b
(ii) The difference , as determined by
the Crown in its discretion, for
IDEM any period of time between the cost,
incurred or anticipated , of supplying �(
water from the Water Works and all
payments , both made and anticipated ,
to the Crown by the Municipality and �!
any other municipalities or persons
who have entered into or are
anticipated to enter into agreements �I
with the Crown with respect to a
supply of water from the Water Works
shall be taken into account by the
Crown in determining the delivery rate.
(iii) All accounting for the Water Works
IDEM shall be exclusively for the Works,
and no surpluses or deficits from the
Works shall form any part of the
accounting for any other system 1
operated by the Crown.
(e) The delivery rate for water withdrawn here-
DELIVERY RAT: under for the initial period shall be
FOR INITIAL
PERIOD 82.00 per one thousand Imperial gallons .
(f) As soon as practicable prior to the 1st day
DETERMINATI• of December immediately preceding the end of
AND the initial period , the initial rate period
NOTIFICATION and any rate period thereafter the Crown
OF SUBSEQUENT
DELIVERY RAT• shall determine the delivery rate for the
period next following and by its notification
delivered to the Municipality shall inform
the Municipality of such delivery rate.
�=a
(g) The Crown shall determine the rate for water
OETERMINATI% under the Port Burwell Agreement at the
IFICATION times set out therein and by its notification
RATE FOR delivered to the Municipality shall inform
TER the Municipality of the rate for water. Such
notification shall be delivered at least 30
days prior to the date on which the rate for
water set out therein takes effect.
r ..
- 7 -
(h) Upon the petition of the Municipality filed
P TITICN with the clerk of the Executive Council
08"GUFNT rATE within 30 days after the date of delivery
of the notification of a delivery rate for
water to the Municipality under paragraph
6(f) , or of a notification of a rate for
water under paragraph 6(g) , the Lieutenant
Governor in Council may confirm , rescind or
vary such delivery rate for water or such
rate for water and the decision of the
Lieutenant Governor in Council respecting
such delivery rate for water or such rate
for water, as the case may be , shall be final
and binding on the parts hereto.
(i) If the delivery rate for water or the rate for
water for the initial rate period or any rate
period thereafter is varied pursuant to
paragraph 6(h) hereof, or if the rate for
water is varied pursuant to any similar provision ofthel
Port Burwell Agreement, the Crown shall ascertain
vA11N OF
3 ; ENT
TIE
U • RATE the difference between the amount, if any,
paid to the Crown by the Municipality in
monthly payments for the period from the
beginning of such initial rate period or such
rate period , as the case may be , to the end
of the month next following the date of such
variation (herein referred to as the "rate
adjustment period") and the product of the
volume of water withdrawn by the Municipality
for the rate adjustment period at the point or
points of delivery and the delivery rate for
water or the rate for water as varied under
paragraph 6(h) hereof, or the rate for water
as varied in accordance with any similar pnovisiais of
the Port Burwell Agreement, as the case may be
and by its statement of account for such rate
adjustment period delivered to the Municipality ,
the Crown shall inform the Municipality of the
amount owing to the Crown or by the Crown and
such amount shall be added to or deducted from
the first monthly payment to be paid thereafter
to the Crown by the Municipality hereunder.
i+
- 8 -
IIIP ( j) If any error or omission is made in any
notification or any statement of account
ERRORS AND delivered by the Crown to the Municipality
o1I.SOns under this agreement , the Crown shall
correct such error or omission in the
notification or monthly statement of
account next following the date on which
such error or omission comes to the
attention of the Crown and the parts
hereto shall be bound by and shall comply
with such correction.
(k) The mailing by the Crown of a notification
of a delivery rate for water or a rate for
nOTIFICATIO water, or of a statement of account in an
envelope addressed to the Municipality
shall constitute delivery of the notification
or of the statement of account to the
Municipality.
(1) Any amount due and payable by the Municipality
to the Crown, together with interest thereon
aEcovERY after default at the rate of 8 per cent per
annum, may be recovered with costs in a
court of competent jurisdiction as a debt due
to the Crown by the Municipality.
(m) Notwithstanding sub-paragraphs (e) ,
{f) , (g) ,
and (h) , the Crown may, with the agreement
of the Municipality evidenced by a resolution
of the Council of the Municipality, vary the
rate for water or the delivery rate for water
at any time or times during a rate period,
initial rate period or initial period.
J
- 9 -
7 . All of the terms and conditions of this agreement
.I .., ,, notwithstanding, it is agreed and understood by the
parties hereto that if the Crown is unable to supply
water as contemplated herein by reason of events beyond
the control of the Crown, or by reason of the acts or
omissions of the Municipality, the Municipality shall
reimburse the Crown for all costs incurred by the
Crown in pursuance of its obligations under this agree-
ment , upon such reasonable terms and conditions as the
Crown in its discretion may decide.
8 . The Municipality shall take delivery of water under this ;
PRI `'.'•TV" agreement on the commencement date in accordance with the'
terms hereof and shall prepare for the withdrawal and us
of the water so as to be able to take delivery of water I
as aforesaid .
9 . (a) The Municipality shall supply to the Crown
on or before the third anniversary date
prcnlffmn,Ts of this agreement , and similarly at sub-
sequent two- year intervals thereafter ,
during the currency of this agreement , a
written report containing such information
as the Crown may require respecting the
Municipality ' s reasonable requirements for
water during a period of three years
from the date of each report .
(b) The Municipality shall supply to the Crown
F"RTIIfP Rrrn• upon request at any time or times such other
written reports or other information as the
Crown may require .
(c) The Municipality shall use reasonable care,
�Inar due diligence and its best endeavours to
prepare and supply to the Crown any report
or information required hereunder.
10 . The Crown shall use reasonable care, due diligence and
its best endeavours ,
(a) to provide on or before the commencement
PIT1r1 date, a supply of water sufficient for the
•r '1�7
•
:l.7I.IMlMMIIMMMImmmlllmm' .m.m' ' '.. .m'm ---- 10 -
requirements set out in Schedule " A
to this agreement , and
(b) subsequent to the third anniversary date
of this agreement , to provide within a
We "'T orf period of three years of the receipt by the
Crown of any report or information pursuant
to paragraph 9 hereof, a supply of water I
sufficient for the reasonable requirements 1
of the Municipality as determined by the
Crown and notified to the Municipality , and
based on such report or information referred
to above , provided that the Municipality
has complied with all of the requirements
of paragraph 9 hereof and further provided
that in the opinion of the Crown, the require-
ments set forth in any such report are
compatible with all work initiated by the
Crown in accordance with any previous report
or information.
0 11 . Except as otherwise expressly provided in this agreement ,
the Crown in its discretion shall determine all matters
"v....Tn. 1h with respect to the Water Works and without limiting
t'ISi�orTi�r'
A. conN the generality of the foregoing, shall determine ,
(a) the number of stages in the Water Works and
the dates on which such stages shall be
provided or acquired,
(b) the design, description, capacity, function,
alterations , replacements , modifications and
enlargements of each stage of the Water Works ,
and
(c) all matters affecting theeconomy of the
Water Works .
12 . All of the terms and conditions
ofntae
this
agreementen twith-
rr�t standing, it is expressly agreed
hhe
fQ 1:r"it parties hereto that nothing herein contained creates
any obligation, expressed or implied on the Crown to
supply water hereunder which, as determined by the
Crown, would not be in accordance with good engineering
jr.
►I
- 11 — II!
. �
principles or practice , and without limiting the
generality of the foregoing, nothing herein contained
creates any obligation, expressed or implied , on the
Crown to enlarge, extend, alter or modify the Water I'
IP Works , if in the opinion of the Crown, the probable f
effect of such enlargement , extension, alteration
or modification would be detrimental to the Crown ' s
source of supply of water used for the Water Works .
13 . Subject to the provisions of paragraph 12 hereof , the
i�uL 'i 'r provision of a supply of water by the Crown in compliance
•• f .,i i(A11, a+1 with any report or information of the Municipality ;
provided under paragraph 9 hereof shall be deemed to I
be the fulfillment by the Crown of its obligation under
paragraph 10 hereof with respect to the period of time
covered by such report or information.
14. In the event that the Crown enters into an agreement to
[i(III1Arfn supply water from the Water Works to municipalities or
r4r4rrc cnn persons other than to the Municipality and if the
rXrtec,\F VI ,rr Municipality at any time or times withdraws water from
rP piir 1r r ef^'
any part or parts of the Water Works at a rate of flow
or in a volume which, as determined by the Crown exceeds, '
(a) that rate of flow or volume which such part
was constructed to accommodate in accordance
with paragraph 10 hereof, or
(b) that rate of flow or volume specified in any
report or information supplied by the
Municipality pursuant to paragraph 9 hereof,
whichever shall be the lesser , the Municipality shall
pay to the Crown the sum of $100 .00 for each day during
which water has been withdrawn at such rate of flow or
in such volume, unless the written approval of the
Crown to any such withdrawal has been obtained.
15 . Where rates or charges are imposed by the Municipality
UT nrr rr on the owners or occupants of land in respect to the I
p "'P`�" supply of water by the Municipality , the Municipality I shall , in default of payment of such rates or charges
in respect of such supply, exercise when necessary all
remedies provided by law for the collection of such
rates or charges, and without limiting the generality
of the foregoing, if any such default continues for a
it
,
•
•
_ 12 - !i
period of 6 months , shall shut off the supply of
water under the authority of sub-section 3 of
section 27 of The Public Utilities Act .
16. The failure of any party hereto to carry out any of
H ;;•T the terms , covenants and conditions of this agreement
lr"SF shall not release the other party from the performance
of any terms , covenants or conditions of this agreement ,
but this clause shall not affect any right of action
that may arise for damages for breach of this agreement
or otherwise.
17 . This agreement contains the entire agreement between
the parties hereto with reference to the subject matter
MENT hereof, shall not be altered or amended except by an
ASs1r "EaTA agreement in writing duly executed by the parties
hereto , shall enure to the benefit of and be binding
upon the parties hereto and their successors and shall 1,
not be assigned in whole or in part .
IN WITNESS WHEREOF the parties hereto have
caused this agreement to be ececuted under seal .
THE CORPORATION OF THE VILLAGE I
OF VIENNA
per: A —.albs - -
per : kje-ele.1:Cle
MINISTRY HER MAJESTY THE QUEEN IN RIGHT OF
Of THE ONTARIO AS REPRESENTED BY THE
ENViRONMINISTER OF THE ENVIRONMENT
Imre
per: Ill/
or • Minister
1
A'• •
SCHEDULE "A" TO THE AGREEMENT MADE BETWEEN THE CROWN AND
THE CORPORATION OF THE VILLAGE OF, VIENNA
DATED THIS 023 "day of m-�-�✓ 19 75
VOLUME AND RATE OF FLOW RESTRICTIONS
PURSUANT TO PARAGRAPH 10(a)
II
YEAR MAXIMUM DAILY PEAK HOUR
VOLUMEMGD RATE MGD
1976 0.02150 0.08600
1977 0.02244 0.08976
1978 0.02340 0.09360
1979 0.02438 0.09752
I
BY - LAW NO. 720
THE CORPORATION OF THE VILLAGE OF VIENNA
BEING A BY-LAW WITH RESPECT TO A WATER RATE UNDER SECTIONS 18
and 56 (5) OF THE ONTARIO WATER RESOURCES ACT.
WHEREAS the Corporation of the Village of Vienna has entered into
or proposes to enter into an agreement with Her Majesty the Queen in
right of Ontario as represented by the Minister of the Environment for
the supplying of water to the Municipality.
NOW THEREFORE the Council of the Corporation of the Village of
Vienna ENACTS AS FOLLOWS:
1. A water rate is hereby imposed upon the owners or occupants of
lands which are supplied with water as a consequence of the
entering into of the above-mentioned agreement by the Corpor-
ation of the Village of Vienna.
2. The water rate shall be charged as a flat rate of $104.10 per
year against each user in respect of such lands which are used
for the purposes other than commercial or industrial purposes
and a water rate as set out in Schedule "A" against the
various users in respect of such lands which are used for
commercial or industrial purposes as outlined in Schedule "A"
attached hereto.
3 . The flat rate designated in Paragraph 2 shall be billed and
collected as a part of the charge for water to each user.
This by-law is subject to the approval of the Ontario
Municipal Board.
LEAD A FIRST AND SECOND TIME on the 18th. day of November A.D. 1974.
LEAD A THIRD TIME AND FINALLY PASSED on the 18th. day of November A.D. 1974.
6-42,- j4 .
.
SCHEDULE "A" TO WATER RATE BY-LAW NO. 720 " .
OF THE CORPORATION OF THE VILLAGE OF VIENNA
WATER RATES FOR USERS OTHER THAN DOMESTIC
A
Elgin County Board of Education
Vienna Public School $624.60 per annum
Elgin County R.C.S.S. Board
St. Joseph School 468.45 per annum
New Vienna Hotel 832.80 per annum
The above annual water rates, as referred to in Paragraph 2
of By-law No. 720, will apply.
BY-LAW NO. 721 OF THE CORPORATION OF THE VILLA=
OF VISA
BEING A BY-LAW WITH RESPECT TO A WATER RATE UNDER
SECTIONS 18 AND 56(5) OF THE ONTARIO WATER RESOURCES ACT.
WHEREAS the Corporation of the V111ase of
Vienna has entered into or proposes to enter into
an agreement with Her Majesty the Queen in right of Ontario
as represented by the Minister of the Environment for the
supplying of water to the Municipality.
NOW THEREFORE the Council of the Corporation of
the Village of Vienna ENACTS AS FOLLOWS:
1 . A, water rate is hereby imposed upon owners
or occupants of lands which front or abut /-31/z
on the streets or parts of streets described s-•-,0/11
in Schedule "A" hereto, or connect to the mi ,-, (0& .
watermains constructed thereon. N''" II? '
2 . The water rate shall be an annual charge and
shall be imposed for a period of forty (40) years
commencing in the year 19 76 and shall be an
annual foot frontage rate of 30 cents per
foot on the lands designated in paragraph 1 hereof,
at the option of the person liable therefor,
the water rate may otherwise be commuted as a
charge of $ 3.07 per foot and shall be due
•
and payable in the calendar year in which such
works are installed.
3 . (a) A reductJon in the case of corner lots at the •
junction or intersection of streets of
of the flankage and a reduction or increase in
the case of triangular or irregularly-shaped
lots may be made in the foot frontage rate that
otherwise would be chargeable thereon, sufficient,
having regard to the situation, value and super-
•
ficial area of such lots as compared with other
lots , to adjust its frontage charge en a fair
and equitable basis .
(b) Where a lot is for any reason wholly or in
part unfit for building purposes, a reduction
may also be made in the foot frontage rate that
- 2
otherwise would be chargeable thereon sufficient
to adjust its frontage charge as compared with
that of lots fit for building purposes on a
fair and equitable basis .
(c) Where a lot, other than a corner lot , has two
• limits that abut on streets described in schedule
"A" hereto and the size and nature of the lot is
such that any or all of the works in such streets
are not required, a reduction in respect of the
works that are not required, so long as they are
not required, may also be made in the foot frontage
rate that would otherwise be chargeable thereon,
sufficient to adjust its frontage charge on a fair
and equitable basis.
(d) The reductions shall be made by deducting from
the total frontage of the lot liable to the
annual foot frontage rate so much thereof as is
sufficient to make the proper reduction, but the
whole of the lot shall be charged with the annual
foot frontage charge as so reduced.
4. This By-law is subject to the approval of the
Ontario Municipal Board.
READ A FIRST TIME AND SECOND TIME on the 18th. day of
tuber A.D. 1974
READ A THIRD TIME AND FINALLY PASSED on the 18th. day of
vember A.D. 19 74
Clerk
a0
• •
SCHEDULE oilleTO WATER RATE BY-LAW NO. 721 OF THE11
CORPORATION OF THE VILLAGE OF VIENNA
1
il ON FROM TO
$ Centre Street Approx. 300' South Fulton Street
of Pearl Street
Fulton Street Centre Street Main Street
Oak Street Queen Street Front Street
Elm Street Chestnut Street Front Street
Main Street Queen Street Front Street
Queen Street Oak Street Main Street
Chestnut Street Oak Street Elm Street
t
Front Street Approximately 250' Highway No. 19
southwest of
Highway No. 19
4Highway No. 19 Southerly Village Northerly Village
i Limits Limits
Chapel Street Highway No. 19 Easterly Village
L,mits
Centre StFeet Highway No. 19 North Street
(S.of Otter Creek)
King Street Highway No. 19 North Street
King Street Highway No. 19 Water Street
t Centre Street Fulton Street North 900'
• r
i
sn
BY-LAW NO. 722 OF THE CORPORATION OF THE VILLAGE OF VIENNA
BEING A BY-LAW WITH RESPECT TO A WATER RATE UNDER
SECTIONS 18 AND 56(5) OF THE ONTARIO WATER RESOURCES ACT.
WHEREAS the Corporation of the Village of
Vienna has entered into or proposes to enter into
an agreement with Her Majesty the Queen in right of Ontario
as represented by the Minister of the Environment for the
supplying of water to the Municipality.
NOW THEREFORE the Council of the Corporation of
the Village of Vienna ENACTS AS FOLLOWS :
1. A water rate is hereby imposed upon owners or
occupants of lands for which a water service
connection is provided to water works provided
and operated by the Ministry of the Environment
under the above-mentioned agreement .
2 . The water rate shall be a charge of $ 139.00
due and payable in the calendar year in which
such water service connection is installed
provided that such water rate may at the option
of the person liable therefor be paid as an
annual charge of $13.50 over a period of
forty (40) years commencing in the year in which
such water service connection is installed.
3 . This By-law is subject to the approval of the
Ontario Municipal Board.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED on
the 18th . day of November A.D. 1974-
•
' eeve
J(4-4-6-C
Clerk
Ai
CORPORATION OF THE VILLAGE OF VIA
DY-I.AW NO. 723
BEING A BY-LAW WITH RESPECT TO A UM RATE UNDER SECTIONS 18
AND 56 ( 5) OF THE ONTARIO WATER RESOURCES ACT.
WHEREAS the Corporation of the Village of
Vienna entered into or proposes to enter into an
agreement with Her Majesty the Queen in right of Ontario as
represented by the Minister of the Environment for the
supplying of Mater service to the Village of Vieaaa.
NOW THEREFORE the Council of the Corporation of the
Village of Vienna ENACTS AS FOLLOWS'
1. A Mater rate is hereby imposed upon the
owners or occupants of ail lands within the
Village as a consequence of the entering
into the above-mentioned agreement by the
Corporation of the Village of Vierra.
2. The Miter rate shall be imposed in each year
over a period of forty (40) years commencing in
the year 1976 and shall be a general levy of
4.0 mills on all property assessed in
the Village of Vienna.
3. This by-law is subject to the approval of the
Ontario Municipal Board.
Read a first and second time on the 18th. day of November
19 74
Read a third time and finally passed on the 18th. day
of November 1974
Moue
_ �/ Usn✓
Clerk
1