HomeMy WebLinkAboutVienna By-Laws 1977 Vienna Village
Byl•sl Laws
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411 Apr
44.6
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By-Laws
# 738 - 750
1977
1 vt vi !I &ie 3- S? 750 ( ict - 47.)
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BY-LAW NO . 738 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 on
September 23 , 1975 entered into an agreement with Her Majesty
the Queen in right of Ontario as represented by the Minister
411 of the Environment for the supplying of water to the
Municipality;
AND WHEREAS the Council of the Corporation of the
Village of Vienna on November 18 , 1974 passed By-law No. 720
which imposes water rates ;
AND WHEREAS based on the lowest tender opened on
March 24 , 1977 the gross capital cost of the proposed water
works is higher than originally estimated;
AND WHEREAS it is deemed expedient by the Council of
the Corporation of the Village of Vienna that said By-law
No . 720 be rescinded and new higher Mater rates be imposed
against the users of the system;
NOW THEREFORE the Council of the Corporation of the
Village of Vienna ENACTS AS F'OLL WS :
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 Corporation 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 purposes other than
commercial or industrial purposes and a flat rate 1?
of $ 108 . 00 peer year against each user in respect _ �,,
of such lands which are used for commercial or
industrial purposes; with special water rates � y
imposed on certain users in accordance with the `t
water rates shown in Schedule 'A" attached hereto .
'�
,7
3. Theflat rate designated in Paragraph 2 shall be
billed and collected as a part of the charge for
water to each user.
4 . By-law No . 720 passed by Council on November 18 , 1974
= s hereby rescinded.
5 . This By-law is s ub j e c t to the approval of the
Ontario Municipal Board .
Rair A FIRSTA� D SECONDTIME On the12th .
day of
April A. D. 1977 .
READ A THIRD TIME AND FINALLY PASSED on thel 2 t h, day of
April A. D. 1977 .
Ree
C2-14,4tteri
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SCHEDULE "A" TO WATER RATE BT-LAW NO . ;38 OF THE
CCRPOxATIgy OF THE VILLAGE OF YIBNNA
010UkjiATER RATES Fla U43 pAN CT2C
411
Elgin County Board of Education $9 .00 per 3000 gallons
( Visnna Public School ) then $2 . 50 each subsequent
1000 gallons .
Elgin County Rotel Catholic X9 . 00 per 3000 gallons
Separate School Board then $2 . 50 each subsequent
�3t . Joseph School ) 1000 gallons .
New Vienna Hots]. $9 , 00 per 3000 gallons
then X2 . 50 each subsequent
1000 gallons .
The above annual water rates, as referred to in paragraph
of by-law No . 738 will apply.
•
CORPORATION OF THE VILLAGE OF
BY- LAW NO . 739
BEING A BY - LAW TO AMEND BY- LAW NO . 721 OF THE CORPORATION OF
THE VILLA= or VISA •
W1EREAS the Corporation of the Village of Vienna au
Mommumber 1s , 1974p$ssed By - law No . 721 which By - law imposes
a frontage rate on certain lands designated in Schedule "A" to
the By - law .
AND WHEREAS it is deemed expedient by the Corporation
of the Village of Vienna that the said
By- 1ew be amended to provide for the imposition of the frontage
rate on further and additional lands in the Village ;
NOW THEREFORE the Council of the Village of
Vienna ENACTS AS FOLLOWS :
1 . By - law No . 721 of the Corporation of the Village
of Vienna is hereby amended by adding to
Schedule "A" thereto the following under the headings as indicated
herein :
ON FROM TO
snow Street rultoa Street Approx . 500 ' scmth of
Fulton Street
Union Street Fulton Street Approx . 300 ' south of
Fulton Street
Otter Street Front Street Approx . 170/ north of
Front Street
2 . This By - law is subject to the approval of the Ontario
Municipal Board .
READ A FIRST AND SECOND TIME on the 12th . day of April
A . D . 1977 ,
0 READ A THIRD TIME AND FINALLY PASSED on the 12th . day of April
A . D . 1977 .
• . . . • • . . • • . s . e e •
Niers
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II
PROVINCE OF ONTARIO ( In the matter of the Corporation
{
COUNTY OF giant ( of the Village of Visa
( Proposed Water Works Project
TO WIT :
410 1 , viols& gran felois , Clerk of the Municipal Corporation
of the Village of Vienna , take oath and swear that :
1 . All of the persons whose properties will front on , abut
on , or will be connected to the following proposed
water works
ON FROM TO
Snow S tree-s t Fulton Street Approx . 500 ' south of
Fulton S tree t
u ni on Street Fulton S tree t Approx . 300 ' south of
Fulton Street
Otter Street Front Street Approx . 170 ' north of
Front Street
have signed the petition attached hereto as Exhibit "A " .
2 . All of those persons who will be affected by the
proposed works are aware of the associated costs and
have agreed to pay the annual charges and that the
said charges were specified on the petition as signed
by them .
And I make this solemn declaration conscientiously
believing it to be true and knowing that it is of the same force
and effect as if made under oath and by virtue of "The Canada
Evidence Act " ,
Sworn before me at the Village )
)
of Stra ff'or'dvills in the )
County of algia
) E1-1-1.41- (13
411 this 15th. day of April )
) Clerk
A . D . 19 77 )
r * 11056 1 /4
1
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THE CORPORATION OF THE .
-.
MUNICIPALITY OF VIENNA
w- BY - LAW NO . 7 L
BEING a By-law to amend By-law No . 721 of the Corporation of the
Village of Vienna .
WHEREAS the Corporation of the Village of Vienna on November
1 $ , 1974 passed By-law No . 721 which By-law imposes a frontare
rate on certain lands designated in Schedule "A" to the By-law .
. AND WHEREAS it is deemed expedient by the Corporation of the
Village of Vienna that the said By-law—be amended to provide for
the imposition of the frontage rate on further and additional.
'� lands in the Village ;
NOW THEREFORE the Council of the Village of Vienna ENACTS AS
FOLLOWS :
1 . By- law No . 721 of the Corporation of the Village of Vienna
is herebyamended byaddingto Schedule "A" thereto the
,
following under the headings as indicated herein :
1
i
• t ON FROM TO
• 1
Intersection of Elm & Chestnut Street Aoorox . 2651 Northerl
from- C h o s? nut St .
i
Centre Street to Union Street Approx . 750 ' East of
Via Pearl Street Centre Street
j
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2 . This By-law is subject to the approval of the Ontario
Municipal Board . I
1
I READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS
I
6tr. . DAY OF June 1977 .
.Aliiiil--4204 - _.....i_ Ci Ai9.4r-e
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REEVE LE11K
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PROVINCE OF ONTARI In them matter of the Corporation
� a
COUNTY OF ELGIN ( Of the Village of Vienna
( Proposed Water Works Project
TO WIT :
I , Violet Van Belois, Clerk of the Municipal Corporation of
the Village of- Vienna , take oath and swear that :
1 . All of the persons whose properties will front on , abut on ,
or will be connected to the following proposed water works :
ON FROM TO
oarem...mammgaiww.m•••••EmnImig:*prIntersection of Elm & Chestnut Street Apnrox . 265 ' Northers
from Chestnut Street
Centre Street to Union Street Approx . 750 ' East fro*
Via Pearl Street Centre Streit
have signed the petition attached hereto as Exhibit "A" .
2 . All of those persons who will be affected by the proposed
works are aware of the associated costs and have agreed to
pay the annual charges and that the said charges were
specified on the petition as signed by them .
And I make this solemn declaration conscientiously believing ,
it to be true and knowing that it is of the same force and effect
as if made under oath and by virtue of "The Canada Evidence Act" .
Sworn before me at the Village )
of Straf fordvi lle in the )
County of Elgin )
• this 7th . day of June ) 47Ack!4.4.4..)
A . D . 1977 . Cler'
lam v io
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This is Exhibit "A" of my This is exhibit, "A" to the
affidavit affidavit of Mrs . Violet Van Belois
sworn before me this day of
A . D . 1977
Dated this day
of AA .D . 1977
000100*
" 0x,74'
...Z.•-14,-C- .P.m*4de..4L1.82-ec_z ,..A,-i . 64 __.e4
e - reasurer • !1' 1 88 •7 Si' , etc .
Corporation of the Village of Vienna
_ 411
Petition covering water works which are proposed to be constructed
as follows :
i'
anew 'Street -INItimm-lftreet ----APZ==.""1-
U* -_ _. _ -. _Pultoir-etreets---- ..
D titer-Street
-ee - -fir
Intersection of Elm & Chestnut Approx . 265 ' Northerly from
Chestnut
We , the undersigned , whose properties will be connected to , front
on , or abut on the above-mentioned water works hereby agree to pay the
following associated annual charges for the same by signing this petition .
The annual charges are as follows
( a ) a- water rate of 30 cents per foot frontage per annum for a
period of 40 years which may be prepaid at a cost of $3 . 07
per foot frontage ;
( b ) a connection charge of $18 . 00 per annum for 40 years which
may be prepaid at a cost of $180 . 00 ;
( c ) a flat water r T t ~ user charge of $99 . 60 per annum ;
It is understood that we may be allowed to chute the frontage
and/or connection charge if so desired and that a reduction of 100 per
cent of is flankage will Nil made , and that the above rates are in
0 addition to a 4 . 0 mill levy on the assessable property for 40 years ,
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This is Iibtt o[ This is Mbit •A" to the
affidavit affidavit of firs. ` yielst Yin Balite
morn before M this day of
A.D . 1977 .
Dated this pa dey
of ‘9741 A.D. 1977 •
-"
4�cams
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Corporation of the Tillage of Vienna
111 Petition covering water works which are proposed to be constructed
as f ollcnta s
ellatin Street 7Th Uniaa Street Approx. 750 ' last of
Centre Street
/144L- f!J2. 4g-t
We , the undersigned , whose properties will be connected to , front
on , or abut as the abolwMatianed water works hereby agree to pay the
following associated actual charges for the same by signing this petition.
The annual charges are as follows :
(a) a water rate of 30 cents per feet frontag. per , annumfor a period
of 40 years which may be prepaid at a cost of X3 .07 per toot
frontage ;
(b) a connection charge of 418 .00 per amort for 40 yeara which may be
prspaid at a cost of X180.00 ;
( ci a flat water raw user charge of 99 . 60 per annum;
It is understood that le may v: allowed to coe.wte the fztags an4/oar
connection charge if so desired and that a reduction of 100 per aunt of the
t'laakage will be made , and that the above rates are in addition to a 4 . 0
mill lsvy as the assessable property for 40 years.
AMUR an=
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This is kxhibit "A" of my This is ahibit "A" to the
affidavit affidavit of :Firs . Violet Van Lelois
sworn before me this day of
A . D . 1977 .
Dated this py day
of A . D . 1977 .
joiroor,„,.‘97 7
jii4425.LA.PLe ' ° W``'- Treasurer A Commi • sioner , = tc .
Corporation of the Village of Vienna
411 Petition covering water works which are proposed to be constructed
as follows :
Centre atreet To Union Street Approx . 750 ? Last of
P4. Q T
Centre street
•
e , the undersigned , whose proper lieu will be connected to , front
on , or abut on the above-,nen boned water works hereby agree to pay the
followinr associated annual charges for the same by signing this petition .
The annual charges are as follows :
( a) a water rate of 30 cents per foot frontage per annum for a period
of 40 years which may be prepaid at a cost of 4;3 . 07 per foot
frontage ;
( b ) a connection charge of yld . 00 per annum for 40 years which may be
prepaid at a cost of y180 . 00 ;
( c ) a flat water rate user chane of y99 . 60 per annuu ,
It is understood that ire may be allowed to commute the frontage and/or
connection charge if so desired and that a reduction of 100 per cent of the
flankage will be made , and that the above rates are in addition to a 4 .0
mill levy on the assessable property for 40 years .
*Ai: DJJRZSS WITNESS
r
THE CORPORATION OF THE
MUNICIPALITY OF VIENNA
BY - LAW NO . 742,,
BEING A BY- LAW to set the mill rate for 1977 .
WHEREAS the corporation has assessment of $420 , 790 . , being
8107 , 225 . Public Commercial ; $297 , 940 . Public Residential ;
$ 1 , 755 . Separate Commercial ; $13 , 870 . Separate Residential .
AND WHEREAS the corporation deems it necessary to raise $41 , 753 .
by taxation .
THEREFORE be it enacted by the Council of the Corporation of the
Municipality off; Vienna . s
1 . That the mill rate for the year 1976 be :
PUBLIC SEPARATE '
Residential-Commercial Residential-Commercial
General Village 37 . 100 43 . 647 37 . 100 43 . 647
County of Elgin 12 . 13 14 . 686 12 . 483 14 . 6$6
Elementary School 25 . 288 28 . 098 26 . 420 29 . 360
Secondary School 20 . 721 23 . 023 20 . 721 23 . 023
95 . 592 109 . 454 96 . 754 110 . 716
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 bef ore, November
15th . provided however , that taxes have a gross value of Ten
Dollars or less , shall become due and payable on July 15th . , 1977 .
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 / 6 e.
DAY OF 1977 .
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TUE CORPORATION OF THE Vinare of Vienna
BY-LAW NO . 714/
BEING A BY-LAW TO ENACT RULES AND REG( LAT IONS
FOR THE MAINTENANCE AND OPERATION OF A SYSTEM
OF WATER WORKS IN THE VILLAGE OP VTEN!!A
WHEREAS the Ministry of the Environment proposes
to construct or has constructed and operates and maintains
a water works system in the Villape of Vienna
WHEREAS Section 62 of The Ontario Water Resources
Act , being Chapter 332 of the Revised Statutes of Ontario,
1970 , as amended , provides ( inter-alio ) that , subject to the
approval of the Lieutenant Governor in Council , the Ministry
of the Environment may make regulations regulating and
controlling . the construction , repair , renewal or alteration
of plumbing ,' the material to be used in the construction of ,
and the location of drains , pipes , traps and other works and
appliances that form part of or Are connected with the
plumbing in any building or structure , and may require
municipalities to carry out such inspections with respect
to plumbing as may be prescribed ;
AND WHEREAS Ontario Regulation No , 647 made pursuant
to the said Section 62 , requires every municipality to carry
out such inspecticns as are prescribed by that Regulation ;
AND WHEREAS Section 64 of the said Act provides
( ints-a1ia) and where a municipality undertakes , under the
regulations rade under Section 62 to inspect plumbing , the
municipality may pass by- laws for charging fees for the
inspections of plumbing and fixing the amount of such fees
for requiring the production of plans , for charging fees for
the inspection and approval of plans and fixing the amount of
such fees , and forts issuing of permits , all as more
particularly set out in the said Section 44 ;
AND WHEREAS paragraph 75 of Section 354 ( 1 ) of The
Municipal Act , R . S . O . 1970 provides that by- laws
may be
passed by the Council of local municipalities for charging
a fee for the inspection of plumbing , sewers , septic tanks ,
cesspools , water closets , earth closets , privies and privy
vaults where , under this or any other Act , approval or a
41, certificate of compliance or such inspection is required ;
AND WHEREAS the Council of the said Villape of Vienna
deems it expedient and desirable to wake certain rules and
regulations for the operation of the said water works system ;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE VT LLAG f
nr VTENNA ENACTS AS FOLLOWS :
1 . In its by- law :
(a) "Municipality " and "Corporation " shall mean
the Corporation of the Village of Vienna
111111111111111111111111111111111
2
) "Council " shall mean the Municipal Council of the
Villa's of Vienna .
) "Ministry" shall mean the Ministry of ,the Environment .
411 *Water works System" shall mean the works and
equipment under the jurisdiction of the Ministry
-' for the support or distribution of water or any
" part of such system .
) " Superintendent " shall mean the Superintendent of
.
the Water Works Department of the Municipality as
appointed by the Council of the Village of Vienna .
) "Clerk-Treasurer" shall mean the Clerk-Treasurer
of the Village of Vienna ,
f "Premises * shall mean the property being supplied
or to be supplied with water and includes the
portion of a multiple occupancy premises separately
supplied .
► ' User " shall include , as the context requires , the
3 applicant for water supply , the owner or occupant
of and the person to whom invoices are sent for
R water supplied to the affected premises .
s
;, ) "meter 8e ry i ce " shall MOM the pipes and fixtures
.' used for the purpose of supplying any premises in
the Mfticipality with water from the water works
, system established by the Ministry and situated
between the wate retain and the limit of the street
r on which the premises so supplied front or abut .
. ) 'Private Water Service " shall mean the pipes and
fixtures used for the purpose of supplying any
+ * premises in the Municipality with water from the
water works system established by the Ministry
and situated between the street line in front of
or abutting the premises so supplied and the premises .
*Commercial User " shall mean the applicant for water
' ' supply , the owner or occupant of and the person to whom
invoices are sent for water supplied to any premises
in which the water supplied is used directly or
411 s indirectly for or in the prosecution of any business ,
trade or commercial undertaking .
R
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7
) The Council shall appoint an officer to be known
as the Superintendent of the Water Works Department
of the Village of Vienna
, whose
duties shall be :
. ) To enforce provisions of this by-law.
- 3 -
•
(b) To supervise and inspect all watermains and connections
and water services , and private water services installed
by private parties in the Municipality .
(c ) To perform such other duttSs as may be given to
him by the said Council .
( 2 ) The Superintendent shall hold office during the
pleasure of the Council .
3 . ( 1 ) The rules and regulations sot out in this by-law
shall govern and regulate the operation of any
system of water works in the Municipality and
shall be considered to fc .-ii a part of the contract
between the Corporation and the owner or occupant
of any building in the Municipality for a supply
of water by the Corporation to such building , and
every such owner or occupant by applying for or
accepting a supply of water from the Corporation
shall be deemed to have expressed his consent to
be bound by the laid rules and regulations .
( 2 ) The provisions of this by-law with respect to
construction of a water service connection from
the Ministry ' s water works system to the street
line shall not apply for one year after certification
of completion by the consulting engineers where
connections from the main watermain to the street
lite are made at the time the water works system
is constructed and installed on the road allowance .
4 . Apylication for Water Connection Permit
( 1 ) No person shall make any connection to the Ministry ' s
water works system without first having obtained a
permit from the Cler ':-Treasurer , and such permit
shall be called " Water Connection Permit " , as follows :
( 2 ) All persons desiring a supply of water from the
Corporation shall , first , make written application
to the Clerk-Treasurer , upon the appropriate form
approved by Council , as set oLt in Schedule "A " to
this by- lrw , showing the purF one s for which water
is required . Subject to subsection (3 ) of this
section , such application to be signed by the owner
of the building to be supplied with water , or by
his agent duly authorized in writing .
( 3 ) Where the necessary water services and private
water services have already been installed , and
the cost of such installation fully paid , and
the premises for which the supply of water is
• required is occupied by a tenant , the application
for a supply of water to said building may be
sib by the occupant of such building .
( 4 ) The application for supply of water to each premises
shall be accompanied by a payment of (Three Dollars ($3 . 00 )
as fee for inspection of newly-installed private
water service and/or turning-on of the water supply .
5 . WAIIIJATLIASS.LOWSIJons.
Any person applying to the Clerk-Treae'irer for a
supe y of water more than one Year after completion
of the Ministry ' s water works system shall pay to
the Clerk-Treasurer in advance of the installation ,
the charge set by Council for irntsll 1rr the necessary
Water service .
411 6 . ( 1 ) After the payment referred to in the next preceding*
section has been made to the Clerk-Treasurer , and
approval is recelved from f: 'o *.'inistry for said
c 'o? t7 --.�r'
connection , the Si perintendr %nst • all permit the
necessary instcllation3 to .he water service .
( 2 ) Persons rnaki. nrr application for the installation of
water services other than the ordir.ari.r dwelling
house services shall , at the time of such application ,
pay to the Clerk-treasurer t.'ko charge for such water
services imposed by Council and , upon the receipt of
such sum by the Clerk-Treasurer and approval from
the Ministry for said conncc * ion , the ►uperintendent
shall permit the necessary installations to the water
services .
7 . The Superintendent shall determine the size of the pipes
and fittings to be connected to a watermain , but no water
service shall be less than three-inarters of an inch
nominal diameter , and he stall also determine the position
in the street where the water services may be connected
to any watermain .
8 . ( 1 ) Acceptable materials for water service connection pipes
uv to and in li ,dinr 2" in internal d ;_ ameter are
as follows :
Soft Copper _ Typd "K"
Polyethylene - ASTM-C1248 or CSA 8137 . 1 W/P] 60 PSI
( 2 ) Acceptable materials for water service connection
pipes greater than 2" in internal diametor are
as follows :
Cast Iron
Dectile Iron - Clasj /1 2
Asbestos - Cement - Clas -- # 150
Polyethylene - ASTM-C1248 or CSA P137 , 1 W/P 160 PSI
Poly Vinyl. Chloride - Class # 150 or Series 160
411 ( 3 ) All private water services to be approved water-
tight .
9 . Water services shall be installed onl" by persons emplo'red
by, the Superintendent or designated h7 him and approved
by the Ministry .
10 . ( 1 ) Unless the Superintendent otherwise directs no
water services s& all be installed between the first
day of December in any year and the first day of
April in the following* year .
- 5 --
( 2 ) Where the Superintendent is of the opinion that a
water service may be safely installed between tho `
first day of December in any year and the first
day of April in the following year , he may permit
such water service to be installed upon such terms
and conditions as he may deem n,2cessary .
11 . All water services shall be at lei st five feet and six
inches below the finished grade of the Jtreet in which
such services are laid , and will ba properly protected
from freezing .
12 . Private Water Service ^oi:nc' otiona
All private water services 0h.1l l be of the came material
as the water service to which such private water service
is connected , and the pipes and fittings used for private
water services shall conform in design and quality to the
standard prescribed by the Superintendent , or as revised
by Ontario Water ^escurces , Regulation 647 .
13 . All private water cervices shall be laid at least five
feet and six inched below the finithad grade of area
through which they are insta l l led , and shall be properly
protected from freezing .
14 . ( 1 ) The owner of any building may ::equest the Corporation
to install the necessary private water service at
the time the water service for the same building
is being installed , and the Corporation may ,
if it deems it a::p dicnt , install such private
water service upon the owner pre -paying to the
Clerk-Treasurer the e c cimated cost of the installation
of such privata water service , as provided for under
Section 6 of The Public Utilities Act , c . 390 , R . S . O . 1970 .
2 In the event of t1-1 actual cost of then installation
of such private water :service exceeding the amount
prepaid to the Clerk-Treasurer , the person applying
for such installation shall forthwith , after the
completion .of such installation , pay to the Clerk-
Treasurer the balance of such cost .
3 ) Nothing in: this aection Shall relieve the owner from
the obligation of maintaining such private water
service in accordance with the provisions of
this by- law .
15 . Subject to the provisions of Section 14 of this by- law ,
all private water services shall be installed by the owners
of the premises for which such private water services are
required , or their agents .
16 . Private water services shall be properly laid and graded
with a fall to a stop and waste cock placed in the floor
in the cellar or basement , or other convenient place so
that all pipes within the building may be emptied by
opening the faucet at the highest point therein and
•
• 6
allowing air to enter the said pipes . In any buildings
to which there is no basement , a stop and waste cock
shall be placed so that it is protected from frost ,
and so that the pipes nay be conveniently drained .
In all commercial premises , as designated by the
Superintendent , sufficient space shall be allowed on
the horizontal pipe for the installation of a water
meter .
17 . Private water service pipes in a building shall be located
in the parts thereof best protected from frost . No private
water service pipes shall be played back of plaster on
outside walls . In buildings where there is no cellar ,
• the pipes shall be carried to or near the centre of the
building or to an unexposed part thereof , previous to
being carried upward . In all exposed situations , if it
is necessary to protect the service pipes and fixtures
from freezing , each pipe shall be properly insulated with
two inch minimum thickness preformed polystyrene pipe
insulation , and surrounded by a box constructed of some
non-conductive material . The void spaces within the box
shall be racked with a non-conducting material . It shall
be the duty of the installer employed by the owner or agent
to protect and guarantee from damage by frost all work
done by him .
18 . The Superintendent of Water Works shall be notified by the
owner of the premises when the private water service has
been laid and is ready for inspection . All works must be
left uncovered and convenient for examination until inspected
and approved . No water supply shall be turned on until the
work is inspected and approved by the Superintendent .
19 . The owner of any property shall maintain in proper order and
repair , at his own ex . nre , the p:: ivate water service and
its fixtures and appurte .lances .
20 . ( 1 ) Not more than one building shall be supplied from
a single water service and for the purposes of
this by-law a rami-det -_c : .,:d dwalling shall be
deemed a separate dwell n 4 .
( 2 ) It sial l b' improper and illegal to permit water
supplied to a co%surer to be remcved rom the
consumer ' s premises and uaed at _ny location other
than on the consumer ' s premises or for any use or
benefit other than to the consumsr ..
( 3 ) Provided that where a bi i i ldirg occupies the frontage
of a lot and buildings are located in the rear of
the said front building , all such buildings may be
supplied from one water eorvice provided that all
said buildings belerg to ore own3r and such owner
pays the water rates _ for all water supplied to such
buildings .
i 7
21 . In all cases where range or steam boilers are supplied with
water , it is understood and agreed that the Municipality
will not be liable for any damage which may result to any
person or premises or equipment caused by the shutting of f
of the water from any wterma.n or service pipe for any
1 purpose whatever , even in cases where no notice is given ,
or caused by uneven water pressure . All service pipe
connections to boilers shall have check valves fixed to
prevent water escaping back into the mains and suitable
relief valves to relieve excess pressure .
22 . Where the necessary water cervice and private water service
has been completely installed �o the satisfaction of the
Superintendent and in compliance with the rules and
regulations set out in this by- law and the payments
provided by Subsection ( 4 ) of Section 4 ; by Section 5 ,
and by Subsection ( 2 ) of Section 25 of this by- law made
to the Clerk-Treasurer , the water to the premises may
be turned on by the Superintendent .
23 . All water supplied through private water services to all
users , other than "Commercial Users " and Domestic Users
with swimming pools , shall be charged for at the applicable
• flat rates fixed from time to time by the Municipality
q and the owner of the premises will be held liable for
%P
itie all water charges .
L
24 . Mitering Facilities
hi All water supplied through private water services to
640tNitor- " Commercial Users " and to Domestic Users with swimming
4 pools shall be metered , and the rates charged shall be
1.1/ those fixed from time to time by the Municipality , as
provided for under sections 27 and 50 of The Public Utilities
Act , being Chapter 390 , R . S . Q . 1970 .
25 . ( 1 ) All meters shall be furn1ehed end installed by the
Superintendent .
( 2 ) The cost of installing and repairing meters , including
the cost of Such raters shall Le prepaid by the
applicant before t'.-_e '•'ater is turned on . If the
meter 4_ s mechanically de f ectit a than the cost of
repairs shall be paid by the Municipality , but if
the meter is damaged by the carelessness or neglect
10 of any person , other than an employee or agent of
the Municipality , the owner of the premises shall
pay to the Corporation the cost of making the
necessary repair to such meter .
26 . If a meter fails to register , the consumer will be charged
` for the average consumption for the pertinent period as
determined by the Superintend- nt .
27 . All water passing through a meter will be charged for
whether used or wasted .
28 . The owner of premises to be supplied with water agrees
to provide convenient and safe space free of charge or
rest for the municipality ' s meters , pipes , and other
appliances on said premises , and further agrees that
no one who is not a servant or agent of the Municipality
or otherwise lawfully entitled to do so , shall be
permitted to remove , inspect or t arpe r with any of t h e
Municipality ' s said equipment .
29 . ( 1 ) The owner or occupant of premises shall provide
ready and convenient access to the meter in said
premises 8o that it may be frequently read and
examined by the Municipal inspectors .
(2 ) Where a meter canrot conveniently be placed inside
a building i t shall be placed in a meter chamber ,
the location and construction of which are approved
by the Superintendent , and the cost of which is paid
for by the applicant .
30 . ( 1 ) A meter will be removed and tested upon request .
If it is found to register correctly or not in
excees of three per cent in favour of the
Corporation , the expense of removing and testing
of the meter will be paid by the person requesting
such test .
( 2 ) If a meter wh+ n tcs ::ed is found to register in excess
of three per cert in fevour of the Corporation , a
re L un d will be made to the consumer of an amount
equal tc such excess percentage of the water rates
paid for the three months prior to the testing of
said meter . Provided , however , that no reduction
shall be made which will reduce the water rates for
the three r. cnths erior to the testing of such meter
below th3 minJntum wetter rates fixed by Council .
31 . (1 ) One meter only shall be placed in each building ,
apartment or other zomInercisl premises in the
Municipality , and the plumbing shall be so arranged
that all water used on such commercial premises shall
pass througn such meters and the owner of the premises
•i l be held liable for water charges .
(2 ) Every suer . ( hall be placed in such location as the
Superintendent shall direct .
32 . The Corporation may enter into agreersenta .with owners to
provide for the installation of water services or meters
in any other comer satisfactory to Council .
33 . Billings for '_ Domestic " ( flat rate ) services shall be
rendered each to o months .
Billings for 'Co: 7 er .As l " and for 'Domestic ' with swimming
pool service 3hall be bed on two month ' s consumption .
If meters are for any reason not read by-monthly , an
average of previous by-monthly consumption will be used
for billing .
- 9 -
• No charge for water supplied , for any type of service ,
shall be for less than the minimum rate fixed for twO
•
months consumption by Council .
34 . No reduction shall be made as provided in Section 29 if
the owner or occupant of the building has not complied
with the provisions of this by-law .
411
35 . When water is supplied to a multiple family dwelling , the
account for the water supply shall be charged to the owner
or principal occupant of the p:emi se s and in case of non-
payment , where any such default continues for a period of
six months , the water may be shut off under authority of
sub- section 3 of Section 27 of The Public Utilities Act ,
notwithstanding that one or more of the occupants , have
paid part or all of the account to such owner or principal
occupant .
36 . All sums charged for water supplied, or for expenses
incurred , by the repair of private water pipe services ,
meters , fixtures , and a l l other appliances connected with
the water service or for damage to the same shall be
charged to the owner of the premises . If for any reason
charges for water rates connot be collected from the
owner , or the occupant of the premises , for a continuous
period of six months , the wat ^r shall be turned off under
authority of sub- section 3 of Section 27 of The Public
Utilities Act on account cf non-payment . No application
for water supply for such premises shall be approved by
the Corperation , notwi t1' standing that the o',.inership of
the said premises shall have changed , until such sums
and other charges have been paid in full to the Municipality .
37 . A book shall ie kept in the offices of the Municipality ,
which book shall contain the street numi er and location
of premises from wA.ch water has been turned off for non-
payment of accounts and the sum remaining unpaid , which
book shall be fur the in forati.t ion and protection of person
or persons intending to purchase any property , and such
person or persons may ascertain at the office whether any
accounts appear upon s uc .1 book .
38 . ( 1 ) Any person may , upon payment of thirty-five cents ,
receive a certificate from the Clerk-Treasurer .
showing tha ': all accounts or charges against the
premises covered by such certificate have been
paid or the amou.-it of any charges or account
410 outstanding .
( 2 ) The foregoing shall not is2 held to prevent the
Corporation from resorting to other means or method
of collecting said aL-cou:its .
39 . Water Rates
( 1 ) The water rates charged by the Corporation for water
supplied through the water services and private water
services shall Le those set out in Municipal By- law
I 720 , unless the same are changed by by- law
or by resolution of the Council .
• 0
( 2 ) The Council may from time to time change said water
rates without notice to any person taking a supply
of water from the Corporation .
( 3 ) All accounts for water shall be prepaid . The first
account shall be based upon the minimum rate for
411 two months , or as it may be from time to time fixed
by Council .
( 4 ) Payment to the corporation of accounts for the supply
of water shall be made at two month intervals . Rates
/3/L for water supply shall be due when billed . A ten
percent penaltyshall be charged on all accounts
9 0
/V -A, not paid in full on or before the 30th day after
the date upon which accounts are rendered . - Accounts
in default for six months may result in the water
service being disconnected under authority of sub-
section 3 of Section 27 of The Public Utilities Act ,
and no further water supplied to said premises .
/5 cef ' ( 5 ) A service c'-: arre 0 " rive floilars ( 5 . 00 ) shall he levied
for onnectinr or I1 sonnertjru' any water service .
(6 ) A consumer , for the purpose of payment and the supply
of water , shall be deemed to be the owner of the
premises and in the event of tenant or other occupant ,
the registered owner shall be liable for water rates
and charges .
40 . Builders requiring water for building purposes shall make
a separate application for each building to be erected and
shall furnish the Superintendent with all information
required by him and shall pay to the Clerk-Treasurer
such special water rates as may from time to time be
fixed by the Counc i_ 1 . A permit for the use of water
for building purposes shall be in force for six months
from the date thereof .
41 . ( 1 ) Equipment installed solely for the automatic extinction
of fires in buildings may , with the approval of the
Superintendent , be attached to watermains provided
that such equipment is entirely disconnected from
water pipes used for any other purposes , and water
supplied through such equipment is used solely for
the purpose of fire extinction . All such equipment
must be provided with a suitable valve outside the
building and under the exclusive control of the
110 Corporation . A valve shall be placed at each hose
opening in the stand pipe and all such valves shall
be sealed by the Superintendent . Whenever the seal
of any such valve is broken for the extinction of
any fire , the person breaking such seal shall
immediately thereafter give notice to the Superintendent ,
who shall immediately upon receiving such notice
reseal the said valve . The Corporation may require a
compound meter of approved pattern to be furnished ,
installed and maintained by the tomer , lessee or
agent . In case of violation of this rule the
I
. 11
Superintendent may shut the control valves and
refer the matter to Council . Such control valve
(Y -
shali not. be again opened without authority from
the Council .
(2 ) No seal placed by the Superintendent upon a valve
situated at a hose opening in a stand pipe shall
be broken nor shall any water be used from equipment
for fire extinction , for any purpose except the
extinction of fire without the consent in writing
of the Superintendent .
42 . with the consent of the Waterworks Superintendent , the
water service may be laid in the same trench as a sewer ,
provided a shelf is cut on the side of the trench for
receiving the water pipe at a location above the sewer .
43 . ( 1 ) No person shall make any connection or connections
whatsoever to any water service or private water
service without the written consent of the
Superintendent first obtained . The owner of the
premises on which an unlawful connection has been
made shall be responsible for the water rates or
charges which would have been payable in addition to
being liable for any other penalty provided by by- law
or by any Act or Acts of the Legislative Assembly
of Ontario or the Parliament of Canada .
(2 ) No person shall under any c,.rcumatances connect any
faucet , tap , hydrant or appliance of any kind whatso-
ever to any water service or private water service
without the written consent of the Waterworks
Superintendent .
44 . No person supplied with water by the Corporation shall be
entitled to use such water for any purpose other than those
stated in his or her applications .
45 . No person being the owner , occupant , tenant or inmate of
any house , building or other premises supplied with water
by the Corporation shall rent , sell or dispose of such
water or give away or permit the same to be carried away
or used or apply such water to the use or benefit of any
other person .
46 . In case of making repairs or constructing new work in
connection with the water works system , the Superintendent
may shut off the water from any consumer without notice ,
and keep it shut off as long as may be necessary and the
Corporation shall not be liable for any damage resulting
therefrom .
•
47 . The Superintendent , or any person duly authorized by him
for the purpose , must at all reasonable hours , upon
presentation of satisfactory identification , be given
free access to all parts of every building to which the
water is supplied , for the purpose of inspection and •
examination of meter , fixtures and pipes of every k a d
used in connection with the supply of water to or the
use of water on such premises .
I
.. 12
48 . Any consumer wishing to discontinue the use of water
supplied from the Ministry ' s Water Works , must give
notice thereof at the Clerk-Treasurer ' s office , on the
011 required forms , or the water rates or charges will be
continued until such notice is given or until the water
is turned off .
49 . Whenever water has been turned off for non -payment of the
water charges or for purposes of repair on construction
or for any other necessary or proper purposes , no person
will be permitted to turn it on again who is not duly •
authorized to do so by the Superintendent .
50 . No person or persons except the Superintendent or those
acting under his direction or authority , shall open or
close any valve hydrant or gate in the street mains ,
or molest or interfere with the same in any manner .
51 . The Waterworks Superintendent when acting in the discharge
of his duties under this by-law shall be ex-officio
constable .
52 . ( 1 ) Whenever any p 'y r Sons taking a simply of water from the
Corporation fail t n comely with the provisions of th i s
by-law in any respect , tl^e Superintendent may , witho'it
notice to sr ch persons , tern off the water anri tY. e wat ^ r
shall not he turned on main until all the nrovi. s1_ on s of
this by-law are complied with and the spun of Five flollars
( $5 . 00 ) paid to the Clerk-Treasurer to cover the cost of
turninp the water off and on .
( 2 ) Failure to pay water rates as and when the same become
due and payable shall be considered to be a failure to
comply with the provisions of this by - law .
53 . There shall be no connection between the water services or
private water services and any cisterns , wells , privies ,
privy vaults or cess -pools .
54 . There shall be no connection between the water services or
private water services and a private pressure pump .
55 . All installations must have a horizontal piece of pipe to
410 coincide with a length of standard type meter before water
service is connected . . Such pipe should be located to
facilitate future installItion of water meters .
5r . An-.• person owninr pronerty in an area in which the install a-*
tion ow watermains in cornplet eW and wo wales lies for a water
service shall pay Three Dollars 03 . 00 ) to the - Clerk-Treasurer
at the time of app1i c at i on . He shall then be entitled to s• icb
installation by the Superintendent or a person resI ?hated
by him .
. f
•
w
•y y
- 13 -
•
' 411 57 . If water is supplied to premises on a flat rate and if the
semi se s are occupied by more than a single family , then
Wm rates to be charged in such cases shall be those set
out for multiple family dwellings in Schedule "A" to
Nusio pal By-law # 720 .
58 . For the purpose of this by-law , the owners or occupants
of farm property shall be classed as "Commercial Users "
and farm property shall mean not less than twenty acres
of land in the actual occupation of the owner of it .
59 . Any persons convicted of a breach of any of the provisions
of this by-law shall forfeit and pay at the discretion of
the convicting magistrate a penalty not exceeding the sum
of Three Hundred Dollars , exclusive of costs for each
offence .
60. The Mianicipality agrees to use reasonable diligence in
providing a regular and uninterrupted service , but does
not guarantee a constant water supply or the maintenance
of unvaried pressure , and will not be liable for damages
AWED the customer by reason of any failure in respect
thereof .
61 . The Municipality shall in no way be liable or responsible
for loss or damage due to freezing or bursting pipes .
62 . This by-law shall go into force on the day of the final
passing thereof .
READ A FI RST AND SECOND TAME this 11th . day of August , 197 j
READ A THIRD TIME AND PASSED this 11th . day of A u pu s t , 1971
410
ckx 0 111)9
Reeve Clerk
• i
TIE CORPORATION OF THE Viliape of Vienna
BY-LAW NO . 7W
BEING A BY --LAW TO ENACT RULES AND REGULATIONS
FOR THE MAINTENANCE AND OPERATION OF A SYSTEM
OF WATER WORKS IN THE VILLAGE OF VTENATA
WHEREAS the Ministry of the Environment proposes
to construct or has constructed and operates and maintains
a water works system in the Vi11are of Vienna
WHEREAS Section 62 of The Ontario Water Resources
Act , being Chapter 332 of the Revised Statutes of Ontario ,
1970 , as amended , orovidan ( inter- alis ) that , subject to the
approval of the Lieutenant Governor in Council , the Ministry
of the Environment may ,make regulations regulating and
controlling .the construction , repair , renewal or alteration
of plumbing ,- the material to be used in the construction of ,
and the location of drains , pipes , traps and other works and
appliances that form part of or are connected with the
plumbing in any building or structure , and may require
municipalities to carry out such inspections with respect
to plumbing as my be prescribed ;
AND WHERE. r_ S Ontario Regulation No . 647 made pursuant
to the said Section 62 , requires every municipality to carry
out such inspections as are prescribed by that Regulation ,
AND WHEREAS Section E4 of the said Act provides
( inter-alia ) and where a m;: nicipality undertakes , under the
regulations made under Section 62 to inspect plumbing , the
municipality may pas3 by- laws for charging fees for the
inspections of plumbing and fixing the amount of such fees
for requiring the production of plans , for charging fees for
the inspection and cpr roval of pla ::s and fixing the amount of
such fees , and for the ir.auing of permits , all as more
particularly set out In the said Section 64 ;
AND WHEREAS paragraph 75 of Section 354 (1 ) of The
Minn is ipa l Act , R . S . O . 19 7 provides that by- laws may y be
passed by the Council of local municipalities for charging
a fee for the inspection c t plumbing , sewers , septic tanks ,
cesspools , water cic3ets , earth closets , privies and privy .
vaults where , under this or any other Act , approval or at
certificate of compliance or such inspection is required ;
AND WHEREAS the Council of the said Vi11are of Vienna
deems it expedient and desirib1e to make 'certain rules and
regulations for the opere tion of the said water works system ;
NOW THEREFCRZ THE MUNICIPAL COUNCIL OF TM VILLAGE
01? VIENNA ENACTS AS FOLLOWS :
1 . In this by- law :
(a ) " Municipality * and "Corporation" shall mean
the Corporation of the ViI .ape of Vienna
r
•
.
a
i e
) "Council" shall mean the Municipal Council of the
f Village of Vienna ,
. ) "Ministry " shall wean the Ministry of the Environment .
t
' l "Mater Works System" shall mean the works and
equipment under the jurisdiction of the Ministry
for the support or distribution of water or any
part of such system .
" Superintendent " shall mean the Suporintendent of
the Water Works Department of the Municipality as
appointed by the council of the Village of Vienna .
) "Clerk-Treasurer" shall rear the Clerk-Treasurer
of the Village of Vienna .
"Premises " shall mean the property being supplied
or to be supplied with water and includes the
;r' portion of a multiple occupancy premises separately
supplied .
"User" shall include , as the context requires , the
licant for water supply , the owner or occupant
4.. of and the person to whom invoices are sent for
. Maw suppled to the affected pr raises .
r ) "Water Service " shall mean the pipes and fixtures
used for the purpose of supplying any premises in
the Municipality with water from the water works
system established by the Ministry and situated
astween tho wate rmai n and the limit of the street
on which the premises so supplied front or abut .
. ) "Private Water Service " shall mean the pipes and
4 fixtures xtures used for the purpose of supplying any
premises in the Mun is ipa l i ty with water from the
water works system established by the Ministry
and situated between the street line in front of
or abutting the premises so supplied and the premises .
S
"Commercial User " shall mean the applicant for water
supply , the owner or occupant of and the person to whom
invoices are sent for water supplied to any premises
in which the water supplied is used directly or
indirectly for or in the prosecution of any business ,
trade or commercial undertaking ,
i edict ion
The Council shall appoint an officer to be known
1$ )
as the superintendent of the Water Works Department
of the Village of Vienna ' whose
duties shall be :
rtTo enforce provisions of this by-law .
-r 3 .
( b ) To supervise and inspect all watermains and connections
and water services , and private water services installed
by private parties in the Municipality .
( c ) To perform such other d u toe as may be given to
him by the said Council .
( 2 ) The Superintendent shall hold office during the
pleasure of the Council .
3 . ( 1 ) The rules and regulations set out in this by- law
shall govern and regulate the operation of any
system of water works in the Municipality and
shall be considered to form a part of the contrast
between the Corporation and the owner or occupant
of any building in the Municipality for a supply
of water by the Corporation to such building , and
every such owner or occupant by applying for or
accepting a supply of water from the Corporation
shall be deered to have expressed his consent to
be bound by the said rule3 and regulations .
( 2 ) The provisions of this by- law with respect to
Construction of a water service connection from
the Ministry ' s water works system to the street
line shall not apply for one year after certification
of completion by the consulting engineers where
connections from the main waterma i n to the street
line are made at the time the water works system
is constructed and installed on the road allowance .
4 . Application for Water Connection Permit
( 1) No person shall make aay connection to the Ministry ' s
water works system without first having obtained a
permit from ths Clerk-Tres&carer , and such permit
shall be called " %later Connection Permit* , as follows :
(2 ) All persons desiring a supply of !rater from the
Corporation shall , first , make written application
to the Clerk-Treasurer , upon the appropriate form
approved by Council , as set out in Schedule "A" to
this by- law , showing the purposes for which water
is required . Subject to subsection ( 3 ) of this
section , such application to be signed by the owner
of the building to be supplied with water , or by •
his agent duly authorized in writing .
(3) Where the necessary water services and private
water services have already been installed , and
the cost of such installation fully paid , and
the premises for which the supply of water is
• required is occupied by a tenant , the application
for a supply of water to said building may be
signed by the occupant of such building .
(4) . The application for supply of water to each premises
shall be accompanied by a payment of Three Dollars ($3 . 00 )
as fee for inspection of newly-instal.ied private 4
water service and/or turning-on of the water supply .
4 -
5 . W$ter Service Connections
Any person applyinr to the Clerk-Treasurer for a
supe ;.' of water more than one year after completion
of the Ministry ' s water works system shall pay to
the Clerk-Treasurer in advance of the installation ,
the charpe set 1)7 Council for installing the necessary
water service .
6 . ( 1 ) After the payment referred to in the next preceding
section has been made to the Clerk-Treasurer , and
approval is received from the Mini strr. for said
connection , t - e 31 perintendent shall permit the
necessary installations to the water service .
( 2 ) Persons makinr appl1. ca 14. on for the installation of
water services other than the ordinary dwelling:
house services shall. , at the time of such application ,
pay to the Clerk-Treasurer the charpe for such water
services imposed by Council and , upon the receipt of
such sum by the Clerk-Treasurer and approval from
the Ministry for said connection , the Superintendent
shall permit the necessary installations to the water
services .
7 . The Superintendent shall determine the size of the pipes
and fittinps to be connected to a watefn but no water
service shall bo less than three-rillarters of an inch
nominal diameter , and he shall also determine the position
in the street where the water services may be connected
to any watermain .
8 . ( 1 ) Acceptable materials for water service connection pipes
.10 to and including 2" in internal diameter are
as follows
Soft Copper - Type NO
Polyethylene - ASTMaX1248 or CSA P137 . 1 W/P160 PSI
( 2 ) Acceptable materials for water service connection
pipes Treater than 2" in internal diameter are
as follows :
Cast Iron
De ct ile Iron - Class # 2
Asbestos - Cement - Class / 150
Polyethylene - ASTM-C1248 or CSA B137 . 1 W/P 160 PSI
Poly Vinyl Chloride - Class / 150 or Series 160
( 3 ) All private water services to he approved water-
t i pht .
9 . utter services shall be installed on17 bv persons employed
by the Superintendent or designated by him and approved
by the Ministry .
10 . (1 ) Unless the Superintendent otherwise directs , no
wat 3r services shall be installed between the first
day of December in any year ari the first day of
April in the followinp year .
- 5 -
(2 ) Where the Superintendent is of the opinion that, a
water service may be safely installed between the
first day of December in any year and the first
day of April in the following year , he may permit
such water service to be installed upon such terms
and conditions as he may deem necessary .
11 . All water services shall be at least five feet and six
inches below the finished grade of the street in which
such eery ice 3 are laid , and will be properly protected
from freezing .
12 . Private Water Service Connections
All private water services shall be of the same material
as the water service to which such private water service
is connected , and the pipes and fittings used for private
water services shall conform in design and quality to the
standard prescribed by the Superintendent , or as revised
by Ontario Water Resources , Regulation 647 .
13 . All private water services shall be laid at least five
feet and six inches b3low the finished grade of area
through which they are installled , and shall be properly
protected from freezing .
14 . ( 1 ) The owner of any building may request the Corporation
to install the necessary private water service at
the time the water service for the same building
is being installed , and the Corporation may ,
if it deems it expedient , i'istall such private
water service upon the owner pre-paying to the
Clerk-Treasurer the es ‘imated cost of the installation
of such private water service , a3 provided for under
Section 6 of The Public Utilities Act , c . 390 , R . S .o . 1970 .
( 2 ) In the event of the actual cost Df then installation
of such private water service exceeding the amount
prepaid to the Clerk-Treasurer , the perL9n applying
for such installation sh% 1l f orthl •ith , after the
completion of such installation , pay to the Clerk-
Treasurer
lerk-
Treasurer the balance of such cost .
( 3 ) Nothing in this section shall relieve the owner from
the obligation of maintaining such private water
service in accordance with the provisions of
this by - law .
15 . Subject to the provisions of Section 14 of this by- law ,
a l l private water services shall be installed by the owners
of the premises for which such private water services are
required , or their agents .
16 . Private water services shall be properly laid and graded
with a fall to a stop and waste cock placed in the floor
in the cellar or basement , or other convenient place so
that all pipes within the building may be emptied by
opening the faucet at the highest point therein and
•
6
allowing air to enter the said,:pipes . In any buildings
to which there is no ba s e me n t , a stop and waste cock
shall be placed so that it is protected from frost ,
and so that the pipes may be conveniently drained .
In all commercial premises , as designated by the
Superi4endent , sufficient space shall be allowed on
the horizontal pipe for the installation of a water
meter .
17 . Private water service pipes in a building shall be located
in the parts thereof best protected from frost . No private
water service pipes shall be placed back of plaster on
outside walls . In buildings where there is no. . cellar ,
the pipes shall be carried to or near the centre of the
building or to an unexposed part thereof , previous to
being carried upward . In all exposed situations , if it
is necessary to protect the service pipes and fixtures
from freezing , each pipe shall be properly insulated with
two inch minimum thickness preformed polystyrene pipe
insulation , and surrounded by a box constructed of some
non-conductive material . The void spaces within the box
shall be packed with a non-conducting material . It shall
be the duty of the installer employed by the owner or agent
to protect and guarantee from damage by frost all work
done by him .
18 . The Superintendent of Water Works shall be notified by the
owner of the premises when the private water service has
been laid and is ready for inspection . All works must be
left uncovered and convenient for examination until inspected
and approved . No water supply shall be turned on until the
work is inspected and approved by the Superintendent .
19 . The owner of any property shall maintain in proper order and
repair , at his own expense , the private water service and
its fixtures and appurtenances .
20 . ( 1 ) , Not more than one building shall be supplied from
a single water service and for the purposes of
this by-law a semi-detached dwelling shall be
deemed a separate dwelling .
(2 ) It shall be improper and illegal to permit water
supplied to a consumer to be removed from the
consumer ' s premises and used at any location other
than on the consumer ' s premises or for any use or
benefit other than to the consumer .
(3 ) Provided -that where a building occupies the frontage
of a lot and buildings are located in the rear of
the said front building , all such buildings may be
supplied from one water service provided that all
said buildings belong to one owner and such owner
pays the water rates .for all water supplied to such
buildings .
- 7
•
21 . In all cases where range or steam boilers are supplied with
water , it is understood and agreed that the Municipality
will not be liable for any damage which may result to any
person or premises or equipment caused by the shutting off
of the water from any watermain or service pipe for any
purpose whatever , even in cases where no notice is given ,
or caused by uneven water pressure . All service pipe
connections to boilers shall have check valves fixed to
prevent water escaping back into the mains and suitable
relief valves to relieve excess pressure .
22 . Where the necessary water service and private water service
has been completely installed to the satisfaction of the
Superintendent and in compliance with the rules and
regulations set out in this by- law and the payments
provided by Subsection ( 4 ) of Section 4 ; by Section 5 ,
and by Subsection (2 ) of Section 25 of this by- law made
to the Clerk-Treasurer , the water to the premises may
be turned on by the Superintendent .
23 . All water supplied through private water services to all
users , other than "Commercial Users " and Domestic Users
with swimming pools , shall be charged for at the applicable
flat rates fixed from time to time by the Municipality
and the owner of the premises will be held liable for
all water charges .
24 . Metering Facilities
All water supplied through private water services to
"Commercial Users " and to Domestic Users with swimming
pools shall be metered , and the rates charged shall be
those fixed from time to time by the Municipality , as
provided for ender Sections 27 and 50 of The Public Utilities
Act , being Chapter 390 , R . S . O . 1970 .
25 . (1) All meters shall be furnished and installed by the
Superintendent .
(2 ) The cost of installing and repairing meters , including
the cost of such meters shall be prepaid y the
applicant before the water is turned on . If the
meter is mechanically defective then the cost of
repairs shall be paid by the Municipality , but if
the meter is damaged by the carelessness or neglect
of any person , other than an employee or agent of
the Municipality , the owner of the premises shall
pay to the Corporation the cost of making the
necessary repair to such meter .
.
26 . If a meter fails to register , the consumer will be charged
for the average consumption for the pertinent period as
determined by the Superintendent .
Imb
2 . . All water passing through a meter will be charged for
whether used or wasted .
8
28 . The owner of premises to be supplied with water agrees
to provide convenient and safe space free of charge or
rent for the Municipality ' s meters , pipes , and other
appliances on said premises , and further agrees that
no one who is not a servant or agent of the Municipality
or otherwise lawfully entitled to do so , shall be
permitted to remove , inspect or tamper with any of the
Municipality ' s said equipment .
29 . ( 1 ) The owner or occupant of premises shall provide
ready and convenient access to the meter in said
premises so that it may be frequently read and
examined by the Municipal inspectors .
( 2 ) Where a meter cannot conveniently be placed inside
a building it shall be placed in a meter chamber ,
the location and construction of which are approved
by the Superintendent , and the cost of which is paid
for by the applicant .
30 . ( 1 ) A meter will be removed and testad upon request .
If it is found to register correctly or not in
excess of three per cent in favour of the
Corporation , the expense of removing and testing
of the meter will be paid by the person requesting
such test .
( 2 ) If a meter when tested is found to register in excess
of three per cent in favour of the Corporation , a
refund will be made to the consumer of an amount
equal to such excess percentage of the water rates
paid for the three months prior to the testing of
said meter . Provided , however , that no reduction
shall be made which will reduce the water rates for
the three months prior to the testing c.f. such meter
below the minimum water rates fixed by Council .
31 . (1 ) one meter only shall be placed in each building ,
apartment or other commercial premises in the
Municipality , and the plumbing shall be so arranged
that all water used on such commercial premises shall
pass through such meters and the owner of the premises
will be held liable for water charges .
( 2 ) Every meter shall be placed in such location as the
Superintendent shall direct .
32 . The Corporation may enter into agreements with owners to
provide for the installation of water services or meters
in any other manner satisfactory to Council .
33 . Billings fcr " Domestic " ( flat rate ) services shall be
rendered each two months .
Billings for "Commercial " and for " Domestic " with swing
pool service shall be based on two month ' s consumption .
If sitters are for any reason not read by-monthly ,, an
average of previous by-monthly consumption will be used
for billing .
•
•
No charge for water supplied , for any type of service ,
shall be for lees than the minimum rate fixed for two
months consumption by Council . '
34 . No reduction shall be made as provided in Section 29 if
the owner or occupant of the building has not complied
with the provisions of this by-law .
35 . When water is supplied to a multiple family dwelling , the
account for the water supply shall be charged to the owner
or principal occupant of the premises and in case of non-
payment , where any such default continues for a period of
six months , the water may be shut off under authority of
sub- section 3 of Section 27 of The Public Utilities Act ,
notwithstanding that one or more of the occupants , have
paid part or all of the account to such owner or principal
occupant .
36 . All sums charged for water supplied , or for expenses
incurred , by the repair of private water pipe services ,
meters , fixtures , and a l l other appliances connected with
the water service or for damage to the same shall be
charged to the owner of the premises . I f for any reason
charges for water rates connot be collected from the
owner , or the occupant of the premises , for a cont rnuous
period of six months , the water shall be turned off under
authority of sub- section 3 of Section 27 of The Public
Utilities Act on account of non-payment . No application
for water supply for such premises shall be approved by
the Ctrporation , notwithstanding that the ownership of
the said premises shall have changed , until such sums
and other charges have been paid in full to the Municipality .
37 . 11 book shall be kept in the offices of the Municipality ,
which book shall contain the street number and location
of premises from wi. ich water has been turned off for non-
payment
on-
payment of accounts and the sum remaining unpaid , which
book shall be for the information and protection of person
or persons intending to purchase any property , and such
person or persons may ascertain at the off ice whether any
accounts appear upon such book .
s K
30 . ( 1 ) Any person may , upon payment of thirty- five cents ,
receive a certificate from the Clerk-Treasurer
showing that all accounts or charges against the
premises covered by such certificate have been
paid or the amount of any charges or account
outstanding .
( 2 ) The foregoing shgil not be held to prevent the
Corporation from resorting to other means or method
of collecting said accounts .
39 . Water Rates
( 1 ) The water rates charged by the Corporation for water
supplied through the water services and private water
services shall be those set out in Municipal By- law
# 720 , unless the same are changed by by- law
or by resolution of the Council .
- 10 -
E S
f "
(2 ) The Council may from time to time change said water
rates without notice to any person taking a supply
of water from the Corporation .
( 3 ) All accounts for water shall be prepaid . The first
account shall be based upon the minimum rate for
two months , or as it may be from time to time fixed
by Council .
( 4 ) Payment to the Corporation of accounts for the supply
of water shall be made at two month intervals . Rates
for water supply shall be due when billed . A ten
percent penalty shall be charged on all accounts
not paid in full on or before the 30th day after
the date upon which accounts are rendered . Accounts
in default for six months may result in the water
service being disconnected under authority of sub-
section 3 of Section 27 of The Public Utilities Act ,
and no further water supplied to said premises .
( 5 ) A Service charge or Five T)ollars ( ' 5 . 00 ) & 'a11 he 1evi. er
for ronnertin r or 'ii s'nnne'tf n r anv water servf ce .
(6 ) A consumer , for the purpose of payment and the supply
of water , shall be deemed to be the owner of the
premises and in the event of tenant or other occupant ,
the registered owner shall be liable for water rates
and charges .
40 . Builders requiring water for building purposes shall make
a separate application for each building to be erected and
shall furnish the Superintendent with all information
required by him and shall pay to the Clerk -Treasurer
such special water rates as may from time to time be
fixed by the Counc & I . A permit for the use of water
for building purposes shall be in force for six months
from the date thereof .
41 . ( 1 ) Equipment installed solely for the automatic extinction
of fires in buildings may , with the approval of the
Superintendent , be attached to watermains provided
that such equipment is entirely disconnected from
water pipes used for any other purposes , and water
supplied through such equipment is used solely for
the purpose of fire extinction . All such equipment
must be provided with a suitable valve outside the
building and under the exclusive control of the
Corporation . A valve shall be placed at each hose
opening in the stand pipe and all such valves shall
be sealed by the Superintendent . Whenever the seal
of any such valve is broken for the extinction of
any fire , the person breaking such seal shall
immediately thereafter give notice to the Superintendent ,
who shall immediately upon receiving such notice
reseal the said valve . The Corporation may require a
compound meter of approved pattern to be furnished ,
installed and maintained by the owner , lessee or
agent . In case of violation of this rule the
11 --
Superintendent may shut the control valves and
refer the matter to Council . Such control valva
shall not be again opened without authority froth.
the Council .
( 2 ) No seal placed by the Superintendent upon a valve
situated at a hose opening in a stand pips shall
be broken nor shall any water be used from equipment
for fire extinction , for any purpose except the
extinction of fire without the consent in writing
of the Superintendent .
42 . With the consent of the Waterworks Superintendent , the
water service may be laid in the same trench as a sewer ,
provided a shelf is cut on the side of the trench for
receiving the water pipe at a location above the sewer .
43 . (1) No person shall make any connection or connections
whatsoever to any water service or private water
service without the written consent of the
Superintendent first obtained . The owner of the
premises on which an unlawful connection has been
made shall be responsible for the water rates or
charges which would have been payable in addition to
being liable for any other penalty provided by by-law
or by any Act or Acts of the Legislative Assembly
of Ontario or the Parliament of Canada .
(2 ) No person shall under any circumstances connect any
faucet , tap , hydrant or appliance of any kind whatso-
ever to any water service or private water service
without the written consent of. the Waterworks
S'aperintendent .
44 . No person supplied with water by the Corporation shall be
entitled to use such water for any purpose other than those
stated in his or her applications .
45 . No person being the owner , occupant , tenant or inmate of
any house , building or other premises supplied with water
by the Corporation shall rent , sell or dispose of such
water or give Away or permit the same to be carried away
or used or apply such water to the use or benefit of any
other person .
46 . In case of making repairs or constructing new work in
connection with the water works system , the Superintendent
may shut off the water from any consumer without notice ,
and keep it shut off as long as may be necessary and the
Corporation shall not he liable for any damage resulting
therefrom .
47 . The Superintendent , or any person duly authorized by him
for the purpose , must at all reasonable hours , upon
presentation of satisfactory identification , be given
free access to all parts of every building to which the
water is supplied , for the purpose of inspection and
examination of meter , fixtures and pipes of evety kind
used in connection with the supply of water to or the •
use of water on such premises .
{
•
12 -
48 . Any consumer wishing to discontinue the use of water
supplied from the Ministry ' s Water Works , must give
notice thereof at the Clerk -Treasurer ' s office , on the
required forms , or the water rates or charges will be
continued until such notice is given or until the water
is turned off .
49 . Whenever water has been turned off for non - payment of the
water charges or for purposes of repair on construction
or for any other necessary or proper purposes , no person
will be permitted to turn it on again who is not duly
authorized to do so by the Superintendent .
50 . No person or persons except the Superintendent or those
acting under his direction or authority , shall open or
close any valve hydrant or gate in the street mains ,
or molest or interfere with the same in any manner .
51 . The Waterworks Superintendent when acting in the discharge
of his duties under this by - law shall be ex-officio
constable .
52 , ( 1 ) Whenever any persons taking a suuply of water from the
Corporation fail to comply with the provisions of this
by-law in any respect , the 3tmeri ntenlent may , wttho' tt
notice to such parsons , turn off Vie water and the water
shall not he turned on swain until all the provisions of
this by-law are complied with and the sun of Five Dollars
( ; 5 . 00) paid to the Clerk-Treas'irer to cover the cost of
t>>rninp the water off and on .
( 2 ) Failure to pay water rates as and when the same become
due and payable shall be considered to be a failure to
comply with the provisions of this by - law .
53 . There shall be no connection between the water services or
private water services and any cisterns , wells , privies ,
privy vaults or cess -pools .
54 . There shall be no connection between the water services or
private water services and a private pressure pump .
55 . All installations must have a horizontal piece of pipe to
coincide with a length of standard type meter before water
service is connected . Such pipe should be located to
facilitate future installation of water meters .
54 . Any person 0'i/flint? property in an area in w& tch the inetall_ a-
t i on ow watermains in completed and who apolt es for a water
service shall pay Three Dollars 03 . O0 ) to the Clerk_Trraslrrer
at the time of application . He s' 'all then be entitled to site"
installation b',7 the Superintendent or a hers ^n desipnatod
by him .
4
0
•
- 13 -
•
57. If Nater is supplied to premises on a flat rate and if the
premises are occupied by more than a single family , then
the rates to be charged in such cases shall be those set
out for multiple family dwellings in Schedule "A" to
Municipal By-law 1720 .
3S . For the purpose of this by-law, the owners or occupants
of farm property shall be classed as "Commercial Users..
and farm property shall mean not less than twenty gores
of land in the actual occupation of the owner of it.
59 . Any persons convicted of a breach of any of the provisions
of this by- law shall forfeit and pay at the discretion of
the convicting magistrate a penalty not exceeding the sum
of Three Hundred Dollars , exclusive of costs for each
offence .
60 . The Municipality agrees to use reasonable diligence in
providing a regular and uninterrupted service , but does
not guarantee a constant water supply or the maintenance
of unvaried pressure , and will not be liable for damages
to the customer by reason of any failure in respect
thereof .
61 . The Municipality shall in no way be liable or responsible
for loss or damage due to freezing or bursting pipes .
62 . This by-law shall go into force on the day of the final
passing thereof .
READ A FIRST AND SECOND TIME this 11th . day of August , 197
READ A THIRD TIME AND PASSED this 11th . day of August , 197
Ree
2L.:11441%.)
Cier
i
CORPORATION OF THE VILLAGE OF VIENNA
BY - LAW NO . 745
BEING A BY-LAW TO APPOINT A SUPERINTENDENT OF WATER WORKS FOR
THE MUNICIPALITY .
WHEREAS Section 352 ( 63 ) of the Municipal Act R . S . O . , 1970 , as
amended , provides for the appointing of such officers and
servants as may be necessary for the purposes of the Corporation . ,
AND WHEREAS it is necessary to appoint a Superintendent of Water
Works for the Corporation .
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE VILLAGE OF VIENNA
1 . THAT Mr . Wm . Underhill be and is hereby appointed Superint-e
endent of Water Works for the Corporation of the Village of
Vienna .
2 . THAT the said Wm . Underhill shall receive remuneration of
$5 . 95 per hour as Superintendent of Water Works , said
remuneration may be adjusted from time to time by the
Council of the Corporation .
r
3 . THAT the said Wm . Underhill shall perform all duties required
under the Ontario Water Resources Act , R . S . O . 1970 , and the
pertinent by-laws of the Village of Vienna as Superintendent
of Water Works .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS
11th . DAY OF AUGUST , 1977 .
1 ;
pct � � 19.ja--4 t�
EEVE CLERK
1
1
a
CORPORATION OF THE VILLAGE OF VIENNA
BY - LAW NO . 746
1 ING A LY- LAW TO AMEND BY- LAW NO . 721 .
WHEREAS By- law No . 721 provides for the imposition of a water
1111/ rate upon owners or occupants of certain lands in the Munici -
pality .
AND WHEREAS it is desirable to provide for a minimum and a
maximum assessable frontage to raise those said moneys .
THEREFORE BE IT ENACTED FY THE COUNCIL OF THE VILLAGE OF VT !;':NA
1 . :;e ( ; • i «n one ( 1 ) of y - law No . 721 is hereby amended to read :
A water rate is hereby imposed upon owners or occupants
of lands which front or abut on the streets or parts of
streets described in Schedule " A " hereto , or connect to
the watermains constructed thereon ; provided however
the minimum assessable f ronta re shall he sixty--six ( 66 )
feet and the maximum assessable frontage shall he one
hundred and ninty-eight ( 19d ). feet .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS
8th . DAY OF September , 1977 .
REEVE CLRK
r•
THE C ORPORAT IC S OF THE
1
VILLAGE OF VIENNA
i! Y-LAW NO . 747
BEXNO a Ey-Law to authorize the iteeve and Clerk to execute
( ROBERT K . MOSNEY and
411P
an agreement with( BETTY L . ; O3NEY for an easement over
Lots 9 and 10 on the East side of Main Street
WHEREAS it is deemed expedient to enter into an agreement with
I
BETTY L. MOSNEY for an easement over Lots 9 and 10 on the East
side of Main Street for the construction of a drainage works
and outlet .
THEREFORE BE IT EXACTED I- Y TEE .' flJNICIPAL COU? CIL OF THE
CORPORATION OF THE VILLAGE OF VIENNA
1 . That the Reeve and Clerk lie and are hereby authorized to
execute an agreement with Betty L . Ilosney under the Seal
of the Corporation .
2 . The said a r-reement designated as Schedule "A" is attached
hereto and forms a part of this Byal w.
READ A FIR:;T , SECOND AND THIRD TIDE AND FINALLY PASSED THIS
10th . DAY OF November , 1977 .
� f
� eeve e
,
•
SCHEDULE "A"
To By-law H o . 747
This Arreernent made in duplicate this 10th . day of November,
A . D. 1977 .
L-ETWEEN
THE CORPORATI OIC OF THE VILL. lE OF VIENNA , in the County
of Elgin , hereinafter called
• THE 0►RPORATI OF TSE FIRST PART
c afht /c' fr/ ' Sn' EP /Y0
and I ETTY L. MOSNEY , Married Woman , of the Village of Vienna , .
in the County of Elgin hereinafter
called the PARTY OF THE SECOND PART !
•
WHEREAS the Tarty of the 3e c and Part is the Owner of Lots - Dine
( 9 ) and Ten ( 10 ) on the East side of Main Street , Plan 54 , for t
the Village of Vienna .
AND WHEREAS the Corporation wishes to obtain an Easement to
construct and maintain a draina f-e .ior : s to an outlet throuc"h the
aforesaid Lots 9 and 10 .
NOW THEREDORE 7: 13 AGREEIEN T WI T! i. 3ET'H that i n consideration ofh
1 the mutual covenant and promises herein contained ; the i'arties
Jiereto do covenant; and arree each with the oi1Ler as follows :
1 . The Party of the Second Part hereby authorizes the Corpora-
tion to construct a drainare works to an outlet on Lot , 10 ,
on the East side of Main 0treet , Plan 54 Dor the Village
of Vienna .
2 . . The Party of the Second Part hereby rives permission as may
be necessary for the Corporation to enter upon the said
Lot 10 to provide for future maintenance and repair of the
said drainage works and outlet .
3 . The Party of the Second Part hereby gives the Corporation
immediate access to Lhe said Lot 10 to commence construct-
�.
i or of the said drainare corks .
4 . The Corporation hereby agrees to stop-up , close and convey
to the larty of the Second Part an alley lyinr and
£ 5 ) beim-
situate between Lots fiveand sixon the East side
of Main Street , Plan 54 , for the Vi1latre of Vienna .
5 . The Corporation hereby a -ree s to restore the ' said Lot 10 ,
as nearly as possible , to its present condition after
completion of the construction of the said drainage works .
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HAND3 AriD
SEALS .
for the Village of Vienna
esus
t /
cniqc
/6,‘„,t-
( ,"
" tneas ; s etty .
• w
VILLAGE OF VIENNA
BY-LAW N G . 748
BEING a By-Law to authorize the Reeve and Clerk to sign an agreement with
the Municipality of the Corporation of the Township of Bayham for the con-
struction , use and operation of works required for the transmission of
water in the Township of Rayham .
410 WHEREAS the Municipality of the Corporation of the Township of Bayham did on
the 7th . day of November , 1977 , pass By-Law No . 1929 of the said
Municipality being a By-law to authorise the Corporation of the Village of
Vienna to construct , use and operate works required for the transmission
of water in the Township of Bayham .
AND WHEREAS it is now necessary that the Reeve and Clerk of the Corporation
of the Village of Vienna sign an agreement to provide for the franchise or
right of construction , using and operating a line or lines for the
distribution of water within the said Township of Bayham .
THEREFORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
VILLAGE OF VIENNA :
THAT the Reeve and Clerk of the Village of Vienna be and are hereby
authorized to sign an agreement with the Corporation of- the Township of
Bayham dated the 7th . day of November , 1977 for the full right , power ,
permission and consent to enter upon , use and occupy the highways of or
under the jurisdiction of the Corporation of the Township of Bayham to
survey , construct , lay , maintain , inspect , alter , repair , renew , remove ,
replace , reconstruct , use and operate in , through , upon , under , along and
across the same or any of them , a pipe line or pipe lines with any and
all connections , apparatus , appliances and attachments , including attach-
' ments for cathodic protection , necessary or incidental thereto and to a
ffstem for the purpose of distributing water within the Corporation of the
Township of Bayham and affix the corporate seal of the Village of Vienna
thereto .
READ A FIRST , SECOND AND -THIRD TIME AND FINALLY PASSED THIS 10th . Day of
November , 1977 .
1111111111
Reeve Clerk
r
J
THE CORPORATION OF THE TOWNSHIP OF DAA'}AM
BY-LAW NO . 1929
" A 4,111LEulgligua3.01g.sgugazum OF THE VILLAGE OF V D WA (here-
inf ter c .1. " th r tee'' nd : hick to shall include f is successors
An I _ ass11' 3l.,._T_O Co 5Th tJCT USE OD OPERATE WORKS RECUIRED FOR THE TRAN3.•
1113SIOL OF t IN ME TOWNSHIP OF BAYHAM ( hereipafter called " the
• uni c ingli ty' .
410 WHERJA3 the Grantee has reruested The Corporation of the Township of
: ,ayham to grant it a franchise or right of passim* through the Municipality
tj for theu ose of construc tiny* u inand o er tinline or 1 n
P rp , s � p a P' a 3 and i e
works for the transmission of water.
AND WHEREAS , subject to the terms and conditl.ona hereinafter set forth ,
the Council of The Corporation of the Township of Layham has arreed to grant
the said franchise .
BE IT THEREFORE ENACTED by the Council of The Corporation of the
Township of Eayhawm : -
1 . Full right , power , periis lion and consent are hereby ^ranted , conferred
and a3sured unto The Corporation of the Villae of Vienna , its successors
and assigns to enter upon , use and occupy the hirhways of or under the
jurisdiction of the I unicipality to survey , construct , lay , maintain ,
inspect , alter , repair , renew , remove , replace , reconstruct , use and operate
in , through , upon , under , alonr- and across the same or any of them a pipe
line or pipe lines with any and all connections , apparatus , appliances and
attachments , including at tachmen s for cathodic protection , necessary or
incidental thereto and to a system for the purpose of passing through the
e unicipality and transmittini- water .
2 . Juch right or franchise shall be subject to all the terms and condit-
4,1 ions set out in an Agreement to be entered into between the Municipality
and the Grantee in pursuance of this ,Ip-Law, rhi ch Agreement shall he in
the fora hereunto attached .
3 . The Reeve and Clerk of the said I :unicipality are hereby authorized
and empowered to enter into and to execute on behalf of the Municipality ,
cipality ,
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the Agreement aforesaid and to affix the corporate seal thereto .
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4 . THIS ' By'.Law shall come into force and take effect it 1 edia ts3ly after
an A lreenent in the fora hereunto annexed shall have been executed by all
the parties thereto .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th . Day of
November , 1977 . •
410
a ad I P, #
Reeve Clerk
4
I , J . A . Petrie certify the above
to be a true and correct coyp of
Townshi • of Bayham B aw No .
192 • •n b ing raa d
J A . 8 - r Clerk of Ba = fiownshi •
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AGREEMEVT :rade in duplicate this 7th . day of
. .
Iovember A . D . , 1977 .
BETWEEN :
THE CORPQ ION OF TSE TOWNSHIP of bAYHA '
hereinafter called a flunieipality"
GF THE FIRST nit!
- and -
THE COR JLAJ ON OF THL VILLAGE OF VIENNA ,.
hereinafter called " The Grantee"
OF THE SECOND PART
10
WHEREAS the Grantee has rer uested the Municipality to Grant to it and
and its successors and assirns , a franchise or richt of passim through
the iunicipality for the purpose of constructing , using and operatinr' a
line or lines and works for the distribution of water within the
Municipality .
AND WHEREAS the Municipality has by by-Law passed on the 7th . day of
November , A . D . , 1977 , granted the said franchise from and after the execu-
tion of this Agreement and has authorized and empowered the Reeve and
Clerk of the said Municipality to execute this Agreement and to affix the
corporate seal thereto .
NOW ITEREFORE ThIS INDA NTURE made in consideration of the premises
and of the performance of the covenants and obligation hereinafter
contained on the part of the (=rantee WITNESSETH as follows :
1 . The .-:unicipality Noes hereby grant , confer and assure into the
Grantee i t3 successors and assirns , full right , power , permission and
consent to enter upon , use and occupy the highways of or under the
jurisdiction of the unicipality to survey , construct , lay , maintain ,
inspect , alter , repair , renew , remove , replace , reconstruct , use and
operate in , throu --h , upon , under , aloe~ and across the same or any of
them , a pipe line or pipe lines with any and all connections , apparatus ,
appliances and attachments , including~ attachments for cathodic protection ,
I/
necessary or incidental thereto and to a system for the purpose of
distributing water within the : iunicipality .
2 . All new ( or renewal ) rains , pipes , lines and works installed t)ly''
Grantee under this Agreement shall be constructed and laid in accordance
with Food engineering and construction practices . Except in case of
emergency .
.
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2 . ( a ) no excavation , opening or work which will listurb or interfere with
with the travelled surface of any hi !•hway shall be undertaken or
commenced by Grantee without written notice to such officer of the
;unicipality as may from time to time be appointed by the Council of
the r.unicipality for the purpose of reneral supervision over its
hirhways ( hereinafter referred to as " the said officer of the
.: unicipality" , which terra shall include the person acting in his stead
in the event of his absence from duty ) , such notice to be riven at
least 24 hours in advance of conmencinr such work unless otherwise
a -reel to by the said officer of the Municipality , and
( b ) befor layinp' or installing any new ( or renewal ) mains , pipes , lines
and wor!: $ , the Grantee shall first file with the said officer of ti-13
Municipality la preli ninary ;nap or plan showinr what it proposes to
lay or install and the propoed location thereof and shall also check
I/ with and ob rd ain the wri tt Jn approval of the said officer of the
:unicipal. ity as to such proposed location .
Not later t' zan three tonths after the close of each of its fiscal .years the
Grantee shall file with the Clem of the i unicipali ter , naps or plans showing
the location and size of all rain u , pipes , line3 art :corks laid or installed
:
the Grantee in the hirhways during its previ c'I3 fiscal year .
3 . The said line or lines shall be placed under;roan .i so far as is
practical and if rernuired ! ,v the ireeve or other officer of the lunicipality
ahove : entioned shall be located along tits :ii ; e3 of the sai .. ', highways
except where it shall be necessary, to cross a hirhway and shall Le so
constructed as not to obstruct or interfere •rJith the use of the hirhway
or with any drains , ii_ t ches , briires , culverts or other works or improve-
ments
mprove-
ments thereon or therein .
. 4 . In the event that the Municipality shall r'.eeri it expedient to alter
the con3truction of any 1tirh' :ay or of any 'u r. ici nal Efrain , ditch , bridge ,
culvert or other works or iL.,porvenon t s thereon or therein and in the coarse
t! :eroof it shall becoc ie necessary to have the Grantee make chances in its
line or linos or works in orier to facilitate the work of the Municipality ,
then upon receipt of reasonable notice in wri tine frau the Reeve or other
officer of the :lunicipal i ty a' ove mentioned specifying the chancre desired ,
the Grantee shall at its own rn expense change its line or lines or works at
the point specified .
5 . The Grant'. shall construct , repair and replace any such line or
lines or works with all reasonable exT)e UU t ion so that the hirhways shall not
be torn up or obstructed for any unnecessary length of tine and upon the
construction , repairing ani replacini' of any such line or lines or works
or the takin7 up of any of the same or the moving of any of the sane fro,
place to place in a hirhway , the hirhway shall , with all reasons'. ►1e exped-
ition , he restored to its proper level and waded and left in as safe ani
good a state of repair as it iia .j before it was entered upon or opened , and
to the satisfaction of the said Reeve or other officer of the : Duni cipsl.ity.
above ren t i on o, .
/1 - 3 -
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6 . The Grantee shall and does hereby at all times indemnify and save
harmless tyle : uni cipality from and against all loss , damage , injury or
expense which the Municipality 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 Grantee 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 copporationother than the Grantee , its
servants , contractors , sub- contractors , agents or employees .
7 . The rights and privileges hereby r'ranted shall continue and remain
in force for a period of twenty years from the date hereof .
6 . In this Agreement and in the by-Law above referrei to ,
( a ) the word "highway" shall rjean a common or public highway and
include a road , bridge and any other structure incidental
thereto , now or at any time during the term of this Agreement
under the jurisdiction of the Municipality .
(b ) the ;cord "Municipality" shall mean the Township of I3ayham
presently constituted or as it may from time to time be
constituted during the term of this Arree.ment .
THIS AGREENVANT shall enure to the benefit of and be binding upon
the parties hereto , their successors and assigns .
IN WITNESS WHEREOF the parties have hereunto affixed their respective
corporate seals duly attested by the hands of their proper signing- officers
in that behalf .
THE CORPORATION OF THE TOWNSHIP OF LAYHAM
4 .ee
Reeve
erk
THE CORPORATIOK OF THE VILLAGE OF VIENNA
peeve
/.4-&-/-2.-Z. LnJ
er
WPM MEM ACT 1975
rim TILN OF TIE MAIM OF TIENNA IN roe couvrr OF 11411
$1"'MW so. 749
d
A -lar for the submission to a vote of n gwrtioar under
• fie ithiquor Licence Act 1975.
WSW at the time of the coming Into fora* of rb• Ontrarlo
femperanos Act no by-lase passed ander rail Liquor Lio.noe Wit, being
Chapter 211 of the Revised Statutes of Ontario, 1914, or any other
Act, was In force within the limits of the moataip*li ty prohibiting
the sale of liquor by retail /
MD 111121AS ander Sectlas 3d of Regulation 1001/75 under r2 •
Sieger 1975, the Isauanoe of liquor lloemes to preadsos
in a imusibaipality is confined to those ami tater where an
affizakatirs *roto has bola taken pursuant to Section 27 of the Act,
AND WNSIVEAS under Sections 27 and ld of The M4'aor Liornor Act
1_!,7b the mouncil of a arns1alpall ty may submit to a voti of the
persons qualified to be: entered om the " list and to Note at
eleoLions to the Assembly in the assicipality any 'portion (or
fuestiona) sot forth in The Liquor Act 19711
ADD 1111111111111 the Oosaoll aonalders it agpsdlent and deride
to submit tea veto of Me persons qualified to Grote thereon as
aforesaid the tolleedmir questions:
ARS YOU IN FAVOUR Of fin tALa OF SPIRITS, Diit AND Will
mai A mato wont LIM= F CONSUMPTION ON =INS=
W FOOD ID AVAI
A rev Ia mow O TIE SAL a 0 SMUTS, MIR AND Will
USW A =NON LION= ! zoi are =ism NUKT11111?
AND 1/1111111M 4 Ma fly Monday the 30th . deg
ire January , e, as the Iler wan which the vote wen the
feeetiona shall be Min mil 11as notigiud the clerk to that effect,
AND 111821123 it is neumsazy to previde !y by-taw for the
Subaisaton of She maid pianism to the persons qualified to vote
* theme and for the taking of their voter there
1111, the Council of SM Corporation of the pillage of
nom la the ftp of algin orate as follows
1. Wier the Liquor Licence Act 1975 there is harebg
tttrd to a vote of the persons qualified to be
sneered on the ' list and to vote at elootions
to the Assembly 1n the municipality the following
all/8
!tel IN FAT MA OF TB SMI W MILT** NM AND WINN
MINIA DINING UXINGS LIMON FOR !e W
Mrs FOOD IS I7
rov 11 FA T SALT sIMMS, DNB AND Will
UNDWIA =NON LIM= FOR t !' Off =MID PRIBNISIST
. . . . ./2
r
w
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4- a 4.°
2. rho roti still be tam an Monday ,, the 30th .
dag or January , 1978.
I
PASSED this 10th . day of November , 1"► rx •
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IL All
'arm or REEVE
Corporate S.a3
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carnacars OF WWI OM •
I QRrm the foregoing t0 bo i Mee and oors+tOt oxy1
at FriaZ.r ,r. 749 of the ciosoperastas at the VtnaN at
Flom in *he Coustp of Bigia•
MID tido 10th . dap of November , I977•
/8142.A.e:42)
wax
Osoomattese Deal
CORPDRATION OF THE
VILLAGE OF VIENNA
By - Law . . . No . Wile
. BEING a By-law to confirm all actions of the Council of the
Village of Vienna for the year 1977 .
BE IT THEREFORE ENACTED by the Municipal Council of the
Corporation of the Municipality of the Village of Vienna ,
that all actions by the said Council , by By-law and
Resolutions for the year 1977 , be and the same are hereby
approved and confirmed .
READ A FIRST , SECOND AND THIRD TIME AND FINALLY PASSED this
15th . DAY OF December , 1977 .
REEVE CLERK
1'