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HomeMy WebLinkAboutVienna By-Laws 1973 Vienna Village Bri Laws By-Laws #702 — 707 1973 1 romimm. Vt' e. nmo, 11 e� —1&s --47-04--m---7 (t - - ) c��g.e — r , 0D- 3o D 3o3 To5 � a � 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. ..���/s�',.713e. y.. �=`�� �LLRC A 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 - of - 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. - 3 - 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 - 4 - 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 , - 5 - 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 - 7 - 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 2 ?' r I 7 o , . 7 / 7 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 /