799-10 Utility Rate By-Law

BY -LAW NO. 799-10
OF THE
TOWN OF OVEN
IN THE PROVINCE OF ALBERTA


Being a By-Law of the Town of Oyen in the Province of Alberta, to provide for the control of the Municipal Water and Sewer System.


WHEREAS, the Municipal Government Act, R.S.A. Chapter M-26.1, Section 7, as amended provides the authority for Council to pass by-laws for the control and management of Municipal Public Utilities.


NOW THEREFORE THE COUNCIL OF THE TOWN OF OYEN ENACTS AS FOLLOWS;


PART I BY-LAW TITLE
This By-Law shall be known as “The Utilities By-Law”.


PART II DEFINITIONS

Unless otherwise defined, words used in this By-Law have the
same meaning as words used or defined in the Municipal Government Act;
"Arrears" means account balance which is unpaid after the due date shown on the invoice.
"Billing Period" means a two (2) month period as set by the Town.
"Credit Rating" means that a Tenant has completed three (3) consecutive Billing Periods with an account balance which has not been in Arrears for more than one (1) month.
"Consumer" means the person who takes delivery of the water at its place of consumption or who utilizes the sewer service and who has authorized the provision of the services in writing to the Town.
"Manager" means the Municipal Administrator as appointed by Council or his / her designate.
“Council” means the Council of the Town of Oyen.
“Owner” means the registered Owner of a parcel of land.
"Service Connection" means the part of the system or works of a water distribution system or sanitary sewer system that runs from the main lines to a building or other place on a parcel of land for the purpose of providing the utility service to the parcel and includes those parts of the system or works described in Section 29 of the Municipal Government Act.
"Service Line" means that portion of a Service Connection located above, on or underneath an Owner's parcel of land.
"Town Service Line" means that portion of a Service Connection located between a main line and the property line.
"System" means the system or works constructed by the Town for Municipal Utility Services.
"Tenant" means a person who rents or leases a property from an "Owner".
"Town" means the Town of Oyen or its duly authorized representatives.
"Municipal Utility Service" means a utility service provided by a municipal public utility.


PART III SERVICE CONNECTION

  1. Full compliance with this By-Law is a condition and term of supplying a Municipal Utility Service to a parcel of land.
  2. An Owner of a parcel of land must submit a written application to the Town and obtain the approval of the Town before the Town will construct a Town Service Line.
  3. The Town shall be responsible for the construction of a Town Service Line and the Owner of the parcel of land to be serviced by the Town Service Line shall be responsible for the Town's costs related to that construction.
  4. An Owner is responsible for the construction, maintenance and repair of a Service Line. If excavation is necessary for the maintenance or repair of a Service Line, no excavation shall be performed without the written approval of the Town.
  5. An Owner shall construct, maintain and repair a Service Line in a manner satisfactory to the Town.
  6. That portion of a Service Line situated between the property line of a parcel of land and the water meter shall be constructed of the same material as the Town Service Line.
  7. If the Town is not satisfied with the construction, maintenance or repair of a Service Line, the Town may require the Owner to do something in accordance with its instructions with respect to the construction, maintenance or repair of the Service Line by a specified time.
    If the construction, maintenance or repair of a Service Line has not been done to the satisfaction of the Town within the specified time or in a an emergency, the Town may enter any parcel of land or building to construct, maintain or repair the Service Line.
  8. The Town's costs relating to the construction, maintenance or repair performed under Section 8 of Part III of this By-Law are an amount owing to the Town by the Owner of that parcel of land.
  9. No connections shall be made to that portion of a Service Line situated between the property line of a parcel of land and the water meter.
  10. The Town shall be responsible for the costs of maintenance and repair of a Town Service Line.
  11. An Owner who wishes to upgrade a Service Line shall submit in written request to the Town. If the Town approves the application, the Owner shall be responsible for the construction costs of the Service Line and all construction shall be performed in a manner satisfactory to the Town.


PART IV SUPPLY

  1. An Owner or Tenant who wishes to receive Municipal Utility Service shall complete the application form supplied by the Town.
  2. Every Owner and every Tenant who wishes to receive the Municipal Utility Service shall pay the service charges and fees and other charges as set on attached Appendix "A" of this By-Law.
  3. Tenant who applies for Municipal Utility Service must pay a security deposit as set on attached Appendix "A" of this By-Law, before service will be provided. The security deposit will be refunded or applied to the account if in arrears when the tenant applies to the Town to have the service disconnected and a final reading has been taken.
  4. A Consumer is responsible for all service charges, fees and other charges as set on attached Appendix “A" of the By-Law until such time as the Consumer applies to the Town to have the service disconnected and a final reading of the meter has been taken.
  5. Where it is necessary for the Town to construct or repair any portion of the Municipal Utility Service the Town may, without notice to the Consumer, interrupt the Municipal Utility Service for as long as is necessary, and the Town shall not be held liable or responsible for any damages or claims arising from service interruption.
  6. The Town shall have the right to limit the amount of water supplied to any Consumer where Council deems such action to be necessary. The Council may at any time, by resolution, limit or restrict the use of water by Consumers for the watering of lawns, garden plots or other areas, or for any other use, for such time as Council deem advisable.


PART V DISCHARGE

  1. The Consumer may be required to construct and maintain such works as the Town considers necessary for the preliminary treatment of any sewage prior to discharge into the Sanitary Sewer System.
  2. Only water and waste water shall be discharged into the Sanitary Sewer System. The discharge of any flammable, explosive or other such material into the Sanitary Sewer System is prohibited. A Consumer who contravenes this Section may be subject to the penalties outlined in Part XII of this By-Law.
  3. Unless authorized in writing by Council, no sub surface storms drains, roof drains or catch basins shall be connected to the Sanitary Sewer System.


PART VI INSPECTIONS

1.    For the purposes of conducting sampling test or inspecting repairing, placing or removing meters on any Service Connection inside or outside any house or building the Town shall have a right of entry to any parcel or building:


(i) upon Reasonable Notice given to the Consumer.
or
(ii) in an emergency or in extraordinary circumstances.



PART VII CHARGES

1.    The service charge to the Consumer for Municipal Utility Service, a late charge penalty for Arrears and other fees for the Municipal Utility Service or System as set on attached Appendix "A" of this By-Law.

2.    When an account is in Arrears the Town may, upon giving not less than seven days notice, shut off the supply of water to any Consumer.

PART VIII PROTECTION OF UTILITY SERVICES

1.No person shall connect a Service Connection to a Municipal Utility Service, or otherwise uncover, make any connection with or opening into, use, alter or disturb a Service Connection or a Municipal Utility Service without written permission of the Manager.

2.No person shall break, damage, destroy, deface or tamper or cause or permit the breaking damaging, destruction defacing or tampering with any part of a Municipal Utility Service or any permanent or temporary device installed in a sampling and testing of any matter in the Municipal Utility Service, and any person who does perform such acts shall be liable for any damage incurred.

3.The Town may discontinue access to a Municipal Utility Service where the Town believes the use of a Municipal Utility Service to a parcel of land to be contrary to this By-Law.

4.Any person who contravenes a provision in this Part is guilty of an offense and is liable to the penalties outlines in Part XII of this By-Law.

PART IX ACCESS FOR AUTHORIZED PURPOSES

1.As a condition of water service and as operational needs dictate employees of the Town shall have free access to all parts of a property, building or other premises in which water is delivered and consumed, at reasonable hours of the day and upon reasonable notice for the purpose of:

(a) installation, maintenance, repair, and removal of the Water System and Water Service Connections;
(b) installation, testing, repair and removal of Water Meters or other parts of the Water System;
(c) inspection of Cross-Connection Control Devices or other equipment and works associated with the Water System and the Customer Plumbing System;
(d) reading of Water Meters; and
(e) inspections for compliance with this Bylaw.

2.No Person shall hinder, interrupt or cause to be hindered any employee of the Town or its contractors, servants and agents or workers, in the exercise of any of the powers or duties relating to the Water System as authorized or required in this Bylaw.

3.Upon termination of Water Service, any employee of the Town employed for that purpose may, at all reasonable times enter the parcel or premises which was supplied with Water Service for the purpose of removing from the parcel or premises any fittings, machines, apparatus, meters, pipes or any other things that are the property of the Town, and may remove these things.

4.Employees of the Town may at any time specify the required position or require the relocation, at a property owner’s expense, of any Water Meter, Cross Connection Control Device, pipe, valve or fitting forming part of the Water System.


PART X METER READINGS

1.The Town of Oyen may:
(a) require a Water Meter to be read;
(b) determine the frequency at which Water Meters shall be read;
(c) shut-off the Water Supply to a Customer who refuses to provide a Water Meter reading within six months of a request to provide such Water Meter reading;
(d) subject to subsection (3), estimate a Water Meter reading;

2.Every Customer shall:
(a) provide readings of a Water Meter or Water Meters on premises under his control, when requested by the Town of Oyen; and
(b) in circumstances where a Water Meter was estimated:
(i) pay the cost of the estimated consumption; and
(ii) if the actual consumption is greater than the estimated
consumption when the Water Meter is read, pay the cost of the actual consumption;

3.A Water Meter reading may be estimated by the Town of Oyen based on either previous consumption patterns or a daily average consumption for the premises, if:
(a) the Town is unable to obtain a Water Meter reading;
(b) a Water Meter fails to properly register the amount of water   consumed; or
(c) water supplied through a Water Meter has not, for any reason     whatsoever, registered on the Water Meter


Part XI Repeal

1.Town of Oyen By-Law No. 715-98 and any amendments thereto are hereby repealed.

PART XII Penalty

1.Any person who contravenes a provision of this By-Law is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine of not more than $1000.00.

PART XIII    ENACTMENT

This By-Law shall come into force and effect on July 1, 2010.

READ A FIRST TIME THIS 29th DAY OF June, 2010

READ A SECOND TIME THIS 29th DAY OF June, 2010.

READ A THIRD TIME AND FINALLY PASSED THIS 29th DAY OF June, 2010.



_________________________
Mayor

_________________________
Municipal Administrator

 

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APPENDIX “A”

A. Water Charges

Minimum charge per period based on 54 cubic meters

$104.00

Over 54 cubic meters

$1.67 per cubic meter

B. Sewer Charges

Residential

$25.00

Commercial

$25.00

Commercial II(Restaurants, Laundromats, 4 and 6 Plexes)

$35.00

Commercial III (Carwashes, Hotels, Motels)

$65.00

Institutional (Schools, Hospitals, Senior’s Lodges)

$225.00

C. Security Charges

Per Tenant Consumer

$172.36

D. Arrears Penalty

A penalty of five percent (5%) will be added to the arrears balance of all accounts

E. Metered Water from Reservoir

Per hundred (100) gallons

.75

F. Billing Period

Bills shall be generated every two months (billing period)

G. Sewer Service Charge

Working hours 8:00 a.m.-5:00 p.m.

75.00/hr

After hours, holidays, weekends and evenings

150.00/hr

 
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