HomeMy WebLinkAboutVienna By-Laws 1975 Vienna Village
Byri Laws
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By-Laws
#724 - 731
1975
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CORPORATION OF THE
MUNICIPALITY OF VIENNA
BY-LAW NO. 724
MOVED BY: A. Hartmann
SECONDED BY: H. Ferris
11/11 THAT By-Law 724 beim a by-law to appoint Municipal Officers for
the year 1975 through authority vested in Municipal Councils by
the Municipal Act.
THEREFORE he it enacted by the Municipal Council of the
Municipality of Vienna:
•
THAT the Municipal Officers for the year 1974 he as follows:
Clerk-Treasurer Violet Van Pelois
Tax Collector Violet Van Belois
Assistant Clerk-Treasurer J.A.Petrie ($100.00)
Janitor (Hall)
Civil Servant R.Ryan�
it Pound Keeper D.C.Animal Control
Weed Inspector R.Ryani►
Puildinp Inspector William Underhill
Road Superintendent Chas. Racz
P.U.C.St.Lt.Maintenance E.Beattie ($100.00)
Weed Mowinr H.Ferris
Sidewalks ..A.Goethals
Auditors Denning & Barker
Fence Viewers R.Ryans
E.Beattie
R.McCurdy
Licence Issuer Violet Van Belois
Town Property A.Goethals
Town Foreman R.Rvan#
By-Law Enforcement Officer William Underhill
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS .9th. DAY OF January, . 1975.
1/1
eeve Clerk
7—
IMM$M-tl OMM s
CORPORATION OF THE MUNICIPALITY OF VIENNA
BY-LAW No 725
,a iip=rata to authorize the borrowing of$ 10,000.00
•
Whereas the Council of the Villare of Vienna
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $ 10.0 0.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
lo
No.tllt..-Rete, And Whereas the total amount of the estimated revenues of the Munici-
l.11m.tl.
fur tee �„ent pality as set forth in the estimates adopted for the year 19"l , not including
4 rfwa °wed,: revenues derivable or derived from the sale of assets, borrowings or issues of
d'aal''`ar 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 the this year for the purposes mentioned in subsection (1) of Section 329 of The
oaragrh if not
'D°'"a°k.' Municipal Act is $ 10,000.00
p of which the Municipality has
already borrowed a total of $ N IL
Therefore the Council of the bt'Inic1palit:; of Vienn9
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 2^' day of Fehruar:- , 19 "'' •
• or
��_, THE HEAD OF THE MUNICIPALITY
/ SEAL }
?/.4_ 641, -42.,711 e....6_,_...)
CLERIC
I. I hereby certify that the foregoing is a true copy of By-law
No. "25 of the '`,.ricioali~ -- 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 20`" • day of February, 19 -5
As Witness the Seal of
the Muunicipalityof
Vienna. .
•
EAL'i C -_,•___.•--.6.-C. --.:..4t-i /9-0-16-4-:43
CLERIC
THE CORPORATION OF THE MUNICIPALITY
OF VIENNA
BY-LAW NO. 726
Being a By-Law to set the mill rate for 1975.
WHEREAS the Corporation has assessment of $410,465. , being
885,115. Public Commercial; $300,220. Public Residential;
S 2,895. Separate Commercial; $22,235. Separate Residential.
AND WHEREAS the Corporation deems it necessary to raise $34,202.
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 197A/be:
J
PUBLIC SEPARATE
Residential-Commercial Residential-Commercial
General Village 35.266 41.489 35.266 41.489
County of Elgin 11.914 14.017 11.914 14.017
Elementary School 19.168 21.298 19.801 22.002
Secondary School 13.766 15.296 13.766 15.296
80.114 92.100 80.747 92.804
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 I
November 14th, provided however, that taxes have a gross value !
of Ten Dollars or less shall become due and payable on July j
15th. 1975. Discounts for prepayments and penalties for
defaulted payments shall be allowed as per schedule followed
in previous years.
READ a First, Second and Third time and finally passed this 10th.
day of July, 1975.
�!� �C a.�fit
f K. .Emerson, REEVE
Violet Van Belois, CLERK
—.
.
CORPORATION OF THE VILLAGE OF VIENNA
BY - LAW NO. 727
BEING a BY - LAW to ament a By-Law No. 635.
WHEREAS Section 1.2. of By-Law No. 635 defines the Scope
+ thereof.
411
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION
OF THE VILLAGE OF VIENNA
THAT By-Law No. 635 as amended be further amended by the
addition of Section:
1.2.1. (F)
"Structure" whenever used in this By-Law
shall be deemed to include all swimming
pools whether publicly or privately owned.
•
READ A FIRST, SECOND AND THIRD TIME LY PASSED
THIS 9th. DAY OF October, 1975.
n
7� /7� Lir .G,,, �1 d"
/./S: .(
EVE CLERK
•
VILLAGE OF VIENNA
BY - LAW No.728
BEING a By-Law to repeal By-Law No. 635.
WHEREAS By-Law No. 635 is the Building By-Law of the Village of
Vienna.
AND WHEREAS By-Law No. 635 adopts the National Building Code, 1965 '
edition.
AND WHEREAS the National Building Code, 1965 edition has now been
replaced.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE VILLAGE OF VIENNA
THAT By-Law No. 635 be and the same is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
13th. DAY OF November, 1975.
ig(22 ek-t- 7."2-1414-'°
CLERK
mmomm *
VILLAGE OF VIENNA
BY - LAW No.728
BEING a By-Law to repeal By-Law No. 635.
WHEREAS By-Law No. 635 is the Building By-Law of the Village of
Vienna.
• AND WHEREAS By-Law No. 635 adopts the National Building Code, 1 6f
9 ,
edition.
AND WHEREAS the National Building Code, 1965 edition has now been
replaced.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE VILLAGE OF VIENNA
THAT By-Law No. 635 be and the same is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
13th. DAY OF November, 1975.
/7WIZ2-ef�c 4 C rj_Z? 1tE)
REEVE C LERIC
i
VILLAGE OF VIENNA
BY - LAW NO. 729
BEING a By-Law to adopt the National Building Code of Canada as
the Building By-Law for the Village of Vienna.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
VILLAGE OF VIENNA
1. THAT the National Building Code of Canada, 1975 edition, and
numbered NRCC 13982 be and the same is hereby adopted as the
Building Code for the Village of Vienna.
2. THAT the following supplements to the National Building Code
of Canada; 1975 edition, be a part of this By-Law:
(a) Fire Performance Ratings # 13987
(b) Canadian Code For Farm Buildings # 13992
(c) Span Tables For Wood Joints, Rafters, Trusses and
Beams # 14396
3. THAT the following schedule of fees be applicable for the
issuance of a building permit:
Cost of Construction Fee
$ 0.01 to $1,000. $5.00
$1000.01 to $25,000. $5.00 + $2.00
for every $1,000. or part
thereof over the first $1,000.
$25,000.01 and over $53.00 + $1.00 for every
$1,000. or part thereof over
the first $25,000.
110 READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
13th. DAY OF November, 1975.
VILLAGE OF VIENNA
BY - LAW NO. 729
BEING a By-Law to adopt the National Building Code of Canada as
the Building By-Law for the Village of Vienna.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE !
410 VILLAGE OF VIENNA
1. THAT the National Building Code of Canada, 1975 edition, and
numbered NRCC 13982 be and the same is hereby adopted as the
Building Code for the Village of Vienna.
2. THAT the following supplements to the National Building Code
of Canada; 1975 edition, be a part of this By-Law:
(a) Fire Performance Ratings # 13987
• (b) Canadian Code For Farm Buildings # 13992
(c) Span Tables For Wood Joints, Rafters, Trusses and
Beams # 14396
3. THAT the following schedule of fees be applicable for the
issuance of a building permit:
Cost of Construction Fee
$ 0.01 to $1,000. $5.00
$1000.01 to $25,000. $5.00 + $2.00
for every $1,000. or Hart
thereof over the first $1,000.
$25,000.01 and over53.00 + $1.00 for every
$1, 000. or part thereof over
the first $25,000.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
1 13th. DAY OF November, 1975.
EVE CLERK
BY - LAW NO. 730
VILLAGE OF VIENNA
I/ BEING A BY-LAW to authorize the Reeve and Clerk to execute
an agreement with St. Thomas Sanitary Collection Services
Limited for the operation and maintenance of a waste transfer
station in the Village ,of Vienna. .
WHEREAS it is deemed expedient to enter into an agreement with
St. Thomas Sanitary Collection Services Limited for the
operation and maintenance of a waste transfer station.
THEREFORE BE IT ENACTED by the Municipal Council of the
Corporation of the Village of Vienna.
1. That the Reeve and Clerk be and are hereby authorized
to execute an agreement with St. Thomas Sanitary Collection
Services Limited under the Seal of the Corporation.
2. The said agreement and apendices are attached hereto and
forms a part of this By-Law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
17th. DAY OF DECEMBER, 1975.
/a5, ;:c.M-4A777c, /4,,, A3 IA,‹.„/
Reeve C]e rk
p
/
1
TRANSFER STATION CONTRACT
' (�") AGREEMENT
II/
THIS INDENTURE made in quadruplicate the 1st. day of December, 1975.
BETW EEN : ()Alf
THE CORPORATION OF THE 9
Hereinafter called the "Corporation"
OF THE FIRST PART
- and -
ST. THOMAS SANITARY COLLECTION SERVICE LIMITED
Hereinafter called the "Contractor"
OF THE SECOND PART
WHEREAS the Contractor has established and is maintaining a waste
transfer station, the location of which is more particularly set
forth in Schedule "A" hereto;
' WHEREAS the Corporation has awarded to the Contractor the contract
for the disposal of garbage generated, produced or created within
the territorial limits of the Corporation at such transfer station;
NOW THEREFORE THIS AGhEEMENT WITNESSETH that in consideration of
the premises and of the mutual covenants and promises herein
contained, the parties hereto do covenant and agree each with the
other as follows:
1. In this Agreement and in the Specification attached hereto as
Schedule "B" and forming a part hereof:
(a)NTerm" means the period between the 1st. day of
January 1976 and the 31st. day of December 197d,
both dates inclusive, and
(b)The Annual Contract Price for the first year of the
/ oDf. Fo .
Term of this Contract shall be 4 -Yf.
2. The Contractor does hereby covenant and agree with the
Corporation as follows:
(a)To execute and perform expeditiously during the
Term the whole of the work in accordance with the
Specification.
- 2 -
(b) To indemnify and keep indemnified and save harmless the
Corporation and each of its officers, servants and agents from
and against all actions, suits, claims, executions and demands
which may be brought against or made upon the Corporation, its
II/
officers, servants and agents and from all losses, costs,
charges, damages, liens and expenses which may be paid, sustained
or incurred by the Corporation, its officers, serYants and agents
by reason of or on account of, or in consequence of the execution
and performance of the work or of the non-execution or imperfect
execution thereof or of the supply or non-supply of plant or
material therefor.
(c) To pay to the Corporation, on demand, all losses and costs,
damages, or expenses which may be paid, sustained or incurred
by the Corporation or any of any such action, suit, claim, lien,
execution or demand, as aforesaid, and any moneys paid or
payable by the Corporation or any of its officers, servants or
agents in settlement of or in discharge of, or on account of,
Sanything in respect of which the Corporation is entitled to
indemnity as aforesaid, and in default of such paymtne, all
such losses and costs, damages and expenses, and any moneys so
paid or payable by the Corporation, its officers, servants or
agents, and also any money payable by the Contractor under t._.
terms and conditions of the Contract may be deducted from any
moneys of the Contractor then remaining in the possession of
the Corporation on account of this or any other contract, or
may be recovered from the Contractor.
3. The Corporation covenants with the Contractor that if the work
shall be duly and properly executed as aforesaid, and if the
I/ Contractor shall carry out, perform, observe, fulfill, keep
and abide by all the covenants, agreements, stipulations,
provisos, terms and conditions of the Contract, the Corporation
will pay to the Contractor, therefor, in equal monthly install-
ments, an Annual Contract Price, which for the first year of
the Term of this Contract shall be the amount set out in
paragraph 1 (c) of this Agreement and which in subsequent years
shall be adjusted by reference to the Consumer Price Index as
published by Statistics Canada under the authority of the
Statistics Act and as well by reference to the population within
the territorial limits of the Corporation as established by the
3 -
current revised assessment roll of the Corporation according to the
records of the local Regional Assessment Office of the Ministry of
Revenue, which adjustments shall be made in accordance with the
following formula:
II/ The Annual Contract Price for each year of the Term of the
Contract after the first year of the Term of the Contract shall be
calculated by multiplying the amount set out in paragraph 1 (c) of
this Agreement by,
(a) A factor determined by dividing the Consumer Price Index
at December 31 immediately preceding the commencement of
such subsequent year by the Consumer Price Index for the
same date in 1975,
and by multiplying the product so obtained by,
(b) A factor determined by dividing the population for the
calendar year preceding the calendar year in which such
subsequent year commences by the population for the calendar year
of 1974.
4. The Contractor hereby agrees to remove containers when
necessary to a maximum number of ninety in any calendar year
during the Term of this contract. Should the number of cont-
ainers removed be in excess of the maximum, further removals
S 3 2,
shall be made at a cost of ...„SaMe per container. Should it
appear that the cost of such removals is going to exceed
41471;90
.00
, this contract shall immediately become subject to
re-negotiation between the Corporation and the Contractor.
Provided that the Corporation shall not be liable or compelled
to pay for any additional work not provided for in the Contract.
Provided also that the payment of any money hereunder shall not
be construed as an acceptance of any bad or defective work to
which the same relates, nor as an admission of liability to pay
any money in respect thereof, and such payment shall not in any
manner lessen the liability of the Contractor to do such work
properly, although the default may not have been known to or
discovered by the Council of the Corporation at the time the
moneys were so paid.
- 4 -
5. Any notice or communication to the Contractor shall be deemed
to be well and sufficiently given or served if handed to any
officer of the Contractor or if mailed to the Contractor by
• prepaid registered post addressed to it at R.R. # 5, St.
Thomas, Ontario, and if mailed, notice shall be deemed to have
been given and service will be deemed to have been effected on
, the fourth business day after mailing.
6. This Contract and the covenants and conditions herein contained
and in the Schedules hereto shall extend to and be binding upon
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Corporation has hereunto affixed its
Corporate Seal and the Contractor has hereunto affixed its
Corporate Seal attested to by the hands of their respective
officers duly authorized on that behalf.
0 SIGN, SEALED AND DELIVERED THE CORPORATION OF THE
TOWNSHIP OF E3AYHAI•I
i /‘ e
REEVE
) 'k.;-ecir- 2‘V lIZ-&- a-)
1CLERK
ST
. THOMAS SANITARY COLLECTION
{1j SERVICES LIMITED
Per: -; -_:/r r //
/
SCHEDULE " A "
TRANSFER STATION CONTRACT
SPECIFICATIONS
11/
1. The Contractor will maintain a Waste Transfer Station
presently located at Lot No. 16, Concession 5, Township
of Bayham, at or near the intersection 01—King's
SHighway No. 19 and County of Elgin Road No. 45.
2. Should it be necessary to re-locate the Waste Transfer
Station, the Contractor will do so at his own expense
to a location approved by the Corporation.
•
11/
SCHEDULE "B"
TRANSFER STATION CONTRACT
SPECIFICATIONS
1. In this specification:
(a)"Ashes" means the residue of any household fuel after such fuel
has been consumed by fire;
(b)"Garbage" means the following types of abandoned or discarded
waste generated, produced or created by a householder, church
or charitable institution:
all animal and vegetable waste material from the preparation
of food, cans, sweepings, paper, cardboard, wearing apparel,
ashes, bottles, glass, discarded household utensils, lawn
and hedge cuttings, leaves, twigs, shrubs, brush and tree
limbs not exceeding 4 feet in length or 10 inches in diameter,
provided that there shall be excluded from this definition of
garbage any hazardous substance;
(c)"Householder" means the occupant of residential premises,
whether the owner, lessee, tenant or otherwise;
(d)"Hazardous Substance" means a substance which, because of its
physical or chemical nature or because of the form in which
it exists, may explode or become ignited easily and cause
intense flames or which constitutes a health hazard to the
Contractor's servants, agents or employees b:r virtue of their
handling the same.
2. The Contractor shall establish and maintain a waste transfer
station at the location mentioned in the Agreement to which
this Specification is a schedule, including stationary
compactors with odour suppression devices, together with com-
paction containers and open containers sufficient to accommo-
1
date the waste deposited therein.
3. The Contractor will operate and maintain the transfer station
in accordance with The Environmental Protection Act and the
Regulations thereunder and in accordance with such municipal
regulations as may be in effect in the municipality wherein
the transfer station is located.
- 2
oikokrittatiro,:wa,,, lett
•
4. The Contractor will supply the necessary equipment and
personnel to transfer to the compaction containers and shall
accept for disposal at the transfer station all garbage brought
to the transfer station by:
411 (a) The Corporation or its employees,
(b) A householder, resident within the territorial limits of
the Corporation, provided that the garbage was generated,
produced or created in or emanated from his premises;
Provided that the Contractor shall not be required to accept for
disposal at the transfer station in any one week period more than
the equivalent of 12 cubic feet of garbage for each householder,
church and charitable institution within the territorial limits of
the Corporation.
5. The Contractor shall not be required to accept garbage for
disposal at the transfer station brought there by any person
who fails to abide by the instructions of the Contractor or its
S
employees, whether posted up or verbal, as to the manner in
which such person shall conduct himself or operate any vehicle
over which he has control while at the transfer station.
6. The Contractor shall remove full compaction containers to a
waste disposal site operated and maintained in accordance with
The Environmental Protection Act and the Regulations there-
under and in accordance with such municipal regulations as may
• be in effect in the municipality wherein the waste disposal
site is located.
7. The Contractor shall maintain, repair and pay all operating
costs of the equipment and obtain licences, insurance and fuel
necessary for the operation of the transfer station.
I/ 8. The Contractor shall pay all costs incidental to the main-
tenance of the transfer station and keep the same clean, neat
and nuisance free and devoid of papers and other refuse and
ensure that All its employees have a clean and neat appearance
while employed in the fulfilment of this Contract.
9. The Contractor shall maintain such all weather roads at the
transfer station as may be necessary to permit the ingress or
egress of vehicles.
- 3 -
10.The Contractor shall receive garbage at the transfer station
pursuant to this Contract.
11.The Contractor shall erect and maintain suitable signs clearly
' marking the location of the transfer station.
12.The Contractor shall keep the work as set out herein under its
personal control and shall not assign, transfer or sublet this
Contract or any portion thereof without first obtaining consent
of the Corporation, which consent shall not be unreasonably
withheld.
13.The Contractor shall ensure that all work performed under this
Contract will be supervised and performed in accordance with
the reasonable requirements of the Council of the Corporation
or its duly authorized representative.
14.The Contractor shall assume the defence of, and fully indemnify
the Corporation against and from all suits or actions arising
' from the claim of any person or persons who claim to be pat-
entees of any process used in connection with the work or of
any material, plant, machinery, tool or appliance used in or
thereon or in any way connected therewith.
15.Nothing herein shall limit the Contractor's right to enter
into agreements with other parties with respect to the disposal
and transfer of waste whether or not generated, produced or
created within the territorial limits of the Corporation and
which is not the subject of this Contract or agreements with
respect to the provision of additional services in connection
with the disposal and transfer of garbage pursuant to this
Contract.
•
BY - LAW NO. 731
VILLAGE OF VIENNA
BEING a By-Law to confirm all actions of the Council of the
Village of Vienna for the year 1975.
41110
BE IT THEREFORE ENACTED BY THE MUNICIPAL COUNCIL OF THE
CORPORATION OF THE VILLAGE OF VIENNA that all actions by the
said Council by by-laws and resolutions for the year 1975 be
and the same are hereby approved and confirmed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this
17th. Day of December, 1975.
. . e , .
Reeve Clerk