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HomeMy WebLinkAboutVienna By-Laws 1974 Vienna Village By Laws 6. Op sweetawm •A y By-Laws #708 — 723 1974 • J v; -Lnr � Vr I I — � $c,,a— �s �� o8 3 � —� � a � q �1 g a9 310 �-1 I 719 o a 3 • • CORPORATION OF THE MUNICIPALITY OF VIENNA BY-LAW NO. 708 MOVED BY: A. Hartmann SECONDED BY: C. Racz THAT By-Law 709 being a by-law to appoint Municipal Officers for the year 1974 through authority vested in Municipal Councils by the Municipal Act. Therefore be it enacted by the Municipal Council of the Municipality of Vienna: That the Municipal Officers for the year 1974 be as follows: Clerk-Treasurer Pauline McCurdy Tax Collector Pauline McCurdy Assistant Clerk-Treasurer Jack Petrie (1100.00) Janitor (Hall) Betty Turrill Civil Servant Russell Ryan bind Keeper D.C. Animal Control Weed Inspector Russell Ryan Building Inspector Ralph McCurdy Road Superintendent Charles Racz P.U.C. Street Light Maintenance Edward Beattie 0100.00) Weed Mowing Hugh Ferris Sidewalks Arthur Goethals Auditors Denning Barker & Co.. Fence Viewers (Russell Ryan (Edward Beattie (Ralph McCurdy License Issuer Pauline McCurdy Trench Excavation Inspector Russell Ryan Town Property Arthur Goethals Town Foreman Russell Ryan By-Law Enforcement Officer William Underhill Read a first, second, and third time and finally passed on this 9th day of January, 1974. .6-472,4-1 27-lt • K. C. Emerson, Reeve Pauline McCurdy, Clerk Farm 100-62 Ontario CORPORATION OF THE MUNICIPALITY OF VIENNA BY-LAW No 709 Tgp=latu to authorize the borrowing of$ 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 1 $RK 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 1Ft V f • j1 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 • // I _ 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 • 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 • • • • • i - r / BY - LAW NUMBER 717 - of - 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. - 2 - • 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. - 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 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 r-� - 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. . . - 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 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- J • - 6 - 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 - 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 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 • • • s • 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. S 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 I 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 I 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. • • •" 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 • r Reeve - Clerk 1 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� - and - li 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; - 2 - �1 ff,! (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 `! (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 s . - 3 - 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 e:711::= 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