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THE TOWN OF CHESTERMERE
PROVINCE OF ALBERTA
BYLAW No. 025-13
A Bylaw of the Town of Chestermere, in the Province of Alberta, to provide for the terms,
conditions, rates and charges for the supply and use or water services provided by Chestermere
Utilities Incorporated in the Town of Chestermere.
WHEREAS pursuant to section 3 of the Municipal Government Act, R.S.A. 2000, c. M-26 and
amendments thereto the purposes of a municipality are to provide services, facilities or other
things that, in the opinion of council, are necessary or desirable for all or a part of the
municipality;
AND WHEREAS pursuant to section 7(g) of the Municipal Government Act a council of a
municipality may pass bylaws for municipal purposes respecting public utilities;
AND WHEREAS the Town of Chestermere deems it desirable to contract with Chestermere
Utilities Incorporated for the provision of water utilities in the Town of Chestermere;
AND WHEREAS it is desirable to set forth the terms and conditions under which such services
will be provided and a mechanism whereby guidelines not inconsistent with the terms and
conditions may be implemented by Chestermere Utilities Incorporated;
AND WHEREAS it is desirable to set forth rates and charges under which such services will be
provided and a mechanism whereby charges for supplementary services may be established by
Chestermere Utilities Incorporated;
NOW THEREFORE
the
Municipal
Council
of the Town
of Chestermere,
Alberta,
duly
assembled, hereby enacts as follows:
PART I -
TITLE AND DEFINITIONS
1
Title
(1) This Bylaw may be cited as "The Water Bylaw".
2
Definitions
In this Bylaw:
(a)
"Account" means an agreement between a Customer and CUI for the supply of
Water Services of which the terms of this Bylaw shall form a part and includes
the amounts payable from time to time by the Customer to CUI;
(b)
"Chief Administrative Officer" means the Chief Administrative Officer of the Town
or their delegate;
(c)
"Council" means the municipal council of the Town;
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(d)
"CUI" means Chestermere Utilities Incorporated;
^J
(e)
"Customer" means any Person that receives Water Services and where the
context or circumstances so require includes any Person who makes or has
made an application for Water Services or otherwise seeks to receive Water
Services, and also includes any Person acting as an agent or representative of a
Customer;
(f)
"Franchise Agreement" means the Franchise Agreement between CUI and the
Town in respect of utility services, dated August 19, 2013, as amended or
replaced from time to time;
(g)
"Facilities" means any infrastructure forming part of the Water System, including
without limitation: water treatment plants, reservoirs, pumping stations, water
mains, water service lines, curb stops, valves, fittings, fire hydrants, chambers,
meters, cross connection control devices and all other equipment and machinery
of whatever kind owned by CUI that is used to produce and supply potable water
to Customers;
(h)
"Peace Officer" means a police officer appointed pursuant to the Police Act,
R.S.A. 2000, c. P-17 or a peace officer appointed pursuant to the Peace Officer
Act, S.A. 2006, c. P-3.5, and the respective regulations thereof, as amended or
replaced from time to time;
(i)
"Person" means any individual, firm, partnership, association, corporation,
^
trustee, executor, administrator or other legal representative to whom the context
applies according to law;
(j)
"Town" means the municipal corporation of the Town of Chestermere and its
duly authorized employees, agents, contractors and other representatives or the
geographic area contained within the boundaries thereof, as the context requires;
(k)
"Violation Ticket" has the same meaning as in the Provincial Offences Procedure
Act;
(I)
"Water Services" means the provision of potable water by CUI to a Customer and
associated services offered to the Customer under this Bylaw and in accordance
with the provisions of the Franchise Agreement;
(m)
"Water Services Guidelines" means those guidelines, procedures, protocols,
requirements, specifications or standards adopted by CUI from time to time,
which are not inconsistent with the Terms and Conditions of Water Services
attached as Schedule "A" to this Bylaw; and
(n)
"Water System" means the Facilities used by CUI to supply potable water to
Customers, which is deemed to be a municipal public utility within the meaning of
the Municipal Government Act
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3
Application
(1) Nothing in this Bylaw relieves a person from complying with any provision of any federal
or provincial law or regulation, other bylaw or any requirement of any lawful permit, order
or license.
(2) Any heading, sub-headings, or tables of contents in this Bylaw are included for guidance
purposes and convenience only, and shall not form part of this Bylaw.
(3) Where this Bylaw refers to another Act, bylaw,
regulation or agency, it includes
reference to any Act, bylaw, regulation or agency that may be substituted therefore.
(4) All the schedules attached to this Bylaw shall form a part of this Bylaw.
(5) This Bylaw is gender-neutral and, accordingly, any reference to one gender includes
another.
PART II -
PROVISION OF WATER SERVICES
4
Other Public Utilities Prohibited
(1) All Water Services provided within the Town shall be provided by CUI, subject to any
exceptions identified in the Franchise Agreement.
5
Terms and Conditions
(1) All Water Services provided within the Town by CUI shall be provided in accordance with
the Terms and Conditions of Water Service in Schedule "A".
6
Rates, Fees and Charges
(1) CUI will provide Water Services to Customers within the Town at the rates, fees or other
charges specified in Schedule "B".
(2) Where rates, fees or charges have not been established in Schedule "B" for a particular
service CUI may establish charges for services provided.
Charges established by CUI
become effective and binding upon a Customer or other Person affected when delivered
to the Chief Administrative Officer by CUI.
Without limiting the generality of the
foregoing, CUI may establish charges for the following:
(a)
Service connection fees and/or developer contributions;
(b)
Meter accuracy tests;
(c)
Meter resizing;
(d)
Repair or replacement of damaged CUI Facilities where the Facilities are under
the Customer's care or have been operated or interfered with by the Customer;
(e)
Application for a new Account or change of Account;
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(f)
Disconnection of service for non-payment;
(g)
Collection charges;
(h)
Missed appointment(s) or no access;
(i)
Fire hydrant permits;
(j)
Water Service turn-on/turn-off at Customer request;
(k)
After hour service callout;
(I)
Meter installation and removal;
(m)
Frozen/damaged Meter;
(n)
Late payment penalties;
(o)
Security deposits;
(p)
NSF payment.
(3) All additional services provided by CUI to a Customer will be billed to the Customer in
accordance with an agreement between the Customer and CUI.
^J
(4) CUI will operate and maintain the Water System at no additional charge to any
Customer beyond the charges outlined in subsections (1), (2) and (3) except for costs
arising from:
(a)
requirements or requests for specific non-routine services not more particularly
described in this Section or the acts or omissions of any particular Customer or
defined group of Customers, or
(b)
repairs or remedies of any loss or damage to Facilities or other property that is
caused by a Customer or any other party for whom a Customer is responsible in
law, including, without limitation, any costs or damages described in any
judgment of a court in CUI's favour
and such additional costs may at CUI's sole option (and in addition to any other legally
available remedies) be added to a Customer's Account as an additional amount due and
payable by the Customer to CUI.
7
Water Services Guidelines
(1) CUI may adopt, amend, repeal and replace Water Services Guidelines from time to time
as CUI deems advisable to supplement the Terms and Conditions of Water Services set
out in Schedule "A".
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Bylaw No. 025-13
Water Bylaw
(2) Water Services Guidelines become effective and binding upon a Customer or other
person affected when delivered to the Chief Administrative Officer by CUI.
(3) Without limiting the generality of subsection (1), Water Services Guidelines may deal
with any or all of the following subject matters:
(a)
procedures or requirements that a Customer must comply with before a Service
Connection is installed or activated, or before Water Services are provided, or as
a condition of ongoing provision of Water Services;
(b)
Customer Accounts,
including without limitation
provisions or
requirements
concerning:
opening
an
Account,
making
payments
on
an
Account,
consequences for failure to pay Accounts in full, lost bills, dishonoured cheques,
collection of delinquent Accounts, adjusting improperly billed Accounts, Water
Service application fees, handling of confidential Customer Account information,
closing an Account, and any other matter relating to Customer Accounts;
(c)
measurement of water consumption, including without limitation provision or
requirements concerning: meter inspection and testing, meter settings, chambers
and installations, meter reading, disputes concerning meter data, estimates of
consumption
private or subsidiary meters,
remote
meter reading
devices,
relocation of meters, access for meter readers, and adjustments to bills when
meters have malfunctioned;
(d)
procedures or requirements concerning investigating Customer complaints and
concerns;
(e)
procedures or requirements for provision of temporary Water Services, including
without limitation Water Services provided during the construction phase of a
development;
(f)
procedures or requirements for upgrading, re-sizing, relocating or otherwise
changing a Service Connection, whether at the instigation of CUI or at the
request of a Customer;
(g)
the turn-on and turn-off of Water Services, whether at the instigation of CUI or at
the request of a Customer;
(h)
supply of water for firefighting purposes, including without limitation procedures
or requirements concerning the maintenance of public and private fire hydrants
and permissible use of water from fire hydrants;
8
Notices
(1) In any case in which CUI is required to provide written notice to a Customer pursuant to
this Bylaw, CUI shall serve notice either:
(a)
personally; or
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(b)
by mailing or delivering a copy of the notice to the last known address of the
^J
Customer as disclosed in the Alberta land titles registry certificate of title for the
Property;
PART III - ENFORCEMENT
9
Offence
(1) A Person who contravenes any provision of this Bylaw is guilty of an offence.
10 Continuing Offence
(1) In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which it continues and a
Person guilty of such an offence is liable to a fine in an amount not less than that
established by this Bylaw for each such day.
11 Vicarious Liability
(1) For the purposes of this Bylaw, an act or omission by an employee or agent of a Person
is deemed also to be an act or omission of the Person if the act or omission occurred in
the course of the employee's employment with the Person, or in the course of the
agent's exercising the powers or performing the duties on behalf of the Person under
their agency relationship.
12 Corporations and Partnerships
(1) When a corporation commits an offence under this Bylaw, every principal, director,
manager, employee or agent of the corporation who authorized the act or omission that
constitutes the offence or assented to or acquiesced or participated in the act or
omission that constitutes the offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that
partnership who authorized the act or omission that constitutes the offence or assented
to or acquiesced or participated in the act or omission that constitutes the offence is
guilty of the offence.
13 Fines and Penalties
(1) A Person who is guilty of an offence is liable to a fine in an amount not less than $250.00
and not exceeding $10,000.00, and to imprisonment for not more than 6 months for non
payment of a fine.
(2) Without restricting the generality of subsection (1) the fine amounts established for use
on Violation Tickets if a voluntary payment option is offered are as set out in Schedule
"C".
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14 Violation Ticket
(1) A Peace Officer is hereby authorized and empowered to issue a Violation Ticket
pursuant to the Provincial Offences Procedure Act to any Person who the Peace Officer
has reasonable and probable grounds to believe has contravened any provision of this
Bylaw.
(2) Ifa Violation Ticket is issued in respect of an offence, the ViolationTicket may;
(a)
specify the fine amount established by this Bylawfor the offence; or
(b)
require a Person to appear in court without the alternative of making a voluntary
payment.
15 Voluntary Payment
(1) A Person who commits an offence may:
(a)
ifa Violation Ticket is issued in respect of the offence; and
(b)
ifthe Violation Ticket specifies the fine amount established by this Bylaw for the
offence;
make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before
the initial appearance date indicated on the Violation Ticket, the specified penalty set out
on the Violation Ticket.
16 Obstruction
(1) No Person shall obstruct, hinder or impede any authorized representative of the Town or
CUI in the exercise of any of their powers or duties pursuant to this Bylaw.
PART IV-GENERAL
17 Schedules
(1) The following schedules are included in, and form part of this Bylaw:
(a)
Schedule "A" - Terms and Conditionsof Water Services;
(b)
Schedule "B"- Rates, Fees and Charges;
(c)
Schedule "C"- Specified Penalties.
18 Severability
(1) Ifany Section or parts of this Bylaw are found in any court of law to be illegal or beyond
the power of Council to enact, such Section or parts shall be deemed to be severable
and all other Sections or parts of this Bylaw shall be deemed to be separate and
independent there from and to be enacted as such.
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Bylaw No. 025-13
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19 General
(1) This Bylaw shall take effect on the day which it is finally passed.
(2) Bylaw No.
004-06,
being the Waterworks
Bylaw,
Bylaw No.
004-13,
being the
Waterworks Bylaw Amendment and Bylaw No. 038-08, being the Water Usage Bylaw,
are hereby repealed in their entirety.
READ A FIRST TIME THIS
3rd
DAY OF September .
READ A SECOND TIME THIS
3rd
DAY OF September .
READ A THIRD TIME THIS
3rd
DAY OF September .
Resolution Numbers -
314-13,315-13,316-13,317-13
MAYOR
CAO
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Bylaw No. 025-13
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SCHEDULE"A"
TERMS AND CONDITIONS OF WATER SERVICES
PARTI-
DEFINITIONS
1
Definitions
(1) The following words and phrases, whenever used in these Terms and Conditions or in
an application, contract or agreement for service under these Terms and Conditions,
shall have the meanings set forth below:
(a)
"Account" means an agreement between a Customer and CUI for the supply of
Water Services of which the terms of the Water Bylaw shall form a part and
includes the amounts payable from time to time by the Customer to CUI;
(b)
"Council" means the municipal council of the Town;
(c)
"Cross Connection" means any temporary, permanent, or potential connection
of any piping, fixture, fitting, container or appliance to the Water System that may
allow backflow to occur, including but not limited to:
swivel or changeover
devices, removable sections, jumper connections, and bypass arrangements;
(d)
"CUI" means Chestermere Utilities Incorporated;
(e)
"Curb Stop" means a valve connected to a Water Service Line enabling the
tuming-on and shutting-off of the water supply to a Customer's Property;
(f)
"Customer" means any Person that receives Water Services and where the
context or circumstances so require includes any Person who makes or has
made an application for Water Services or otherwise seeks to receive Water
Services, and also includes any Person acting as an agent or representative of a
Customer;
(g)
"Engineering Design Standards" means CUI's Minimum Engineering Design
Standards, or in the absence of such standards, generally accepted municipal
engineering standards;
(h)
"Emergency" means a condition that creates an imminent danger or a real
possibility of Property damage, or personal injury, or when a condition or
situation is declared to be an emergency by Council, or the Federal or Provincial
Crown, or other civil authority having jurisdiction;
(i)
"Facilities" means any infrastructure forming part of the Water System, including
without limitation: water treatment plants, reservoirs, pumping stations, Water
Mains, Water Service Lines, Curb Stops, valves, fittings, fire hydrants, chambers,
Meters,
Cross
Connection
control
devices
and
all
other
equipment
and
machinery of whatever kind owned by CUI that is used to produce and supply
potable water to Customers;
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Bylaw No. 025-13
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(j)
"Force Majeure" means circumstances not reasonably within the control of CUI,
W
including acts of God, strikes, lockouts or other industrial disturbances, acts of
the public enemy, wars, blockades, insurrections, riots, epidemics, landslides,
lightening, earthquakes, fires, storms, floods, high water, washouts, inclement
weather,
orders or
acts of
civil or military
authorities,
civil disturbances,
explosions,
breakdown or accident to
equipment,
mechanical breakdowns,
intervention of federal, provincial or local government or any of their agencies or
boards, the order or direction of any court, and any other cause, whether of the
kind herein described or otherwise;
(k)
"Meter" means the individual or compound water meter and all other equipment
and instruments, including but not limited to, radio frequency units and remote
meter reading devices supplied and used by CUI to calculate and register the
amount of water consumed relative to the land and buildings that the Meter is
designed to monitor;
(I)
"Owner" means:
(i)
in the case of land, the Person who is registered under the Land Titles
Act as the owner of the fee simple estate in the parcel of land; or
(ii)
in the case of any property other than land, the Person in lawful
possession of it;
(m)
"Person" means any individual, firm, partnership, association, corporation,
^J
trustee, executor, administrator or other legal representative to whom the context
applies according to law;
(n)
"Private Water Line" means that portion of a Service Connection, which extends
from
the Service Connection Point to and within a
Customer's Property,
comprised of the Customer owned assembly of pipes, fittings, fixtures, traps and
appurtenances for providing water to a Customer's Property, excluding the Meter
owned by CUI;
(o)
"Property" means:
(i)
in the case of land, a parcel of land including any buildings; or
(ii)
in other cases, personal property;
(p)
"Service Connection" means all of the Facilities required to achieve a physical
connection between CUI's Water Main abutting a Customer's Property and a
Private Water Line to allow a Customer to receive potable water, which includes
a Water Service Line, a Service Connection Point and a Private Water Line;
(q)
"Service Connection Point" means the point on the Service Connection where
a Water Service Line physically connects to a Private Water Line, which will
ordinarily be a point at or near a Customer's Property line, but may be within the
boundaries of an easement area granted to CUI for its Water System;
^
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Bylaw No. 025-13
Water Bylaw
(r)
"Subsidiary Meter" means a privately owned Meter installed on Property at the
Customer's expense and utilized strictly for the Customer's purposes;
(s)
"Tenant" means a Person who is not an Customer but who is in legal possession
of a Property to which Water Service is provided;
(t)
"Terms and Conditions" means the terms and terms and conditions in respect
of Water Services described in this Schedule "A";
(u)
"Town" means the municipal corporation of the Town of Chestermere and its
duly authorized employees, agents, contractors and other representatives or the
geographic area contained within the boundaries thereof, as the context requires;
(v)
"Water Demand Management Measures" means restrictions upon the use of
water for non-essential purposes, including but not limited to: irrigation, watering
livestock, washing of vehicles, driveways or sidewalks, and any other purpose
where water is utilized externally to a building and on any certain day or for a
certain time period;
(w)
"Water Main" means those pipes installed for the conveyance of water within the
Town to which Service Connections may be connected;
(x)
"Water Service Line" means that portion of a Service Connection owned by CUI
that extends from the Water Main to the Service Connection Point;
(y)
"Water Services" means the provision of potable water by CUI to a Customer's
Property and associated services offered to the Customer under this Bylaw;
(z)
"Water System" means the Facilities used by CUI to supply potable water to
Customers, which is deemed to be a public utility within the meaning of the
Municipal Government Act.
PART II -
PROVISION OF WATER SERVICES
2 Relationship between CUI and Customers
(1) CUI will, insofar as there is sufficient capacity and supply, supply Water Services, upon
such terms as CUI considers advisable, to any Customer within the Town situated along
a Water Main.
(2) These Terms and Conditions govern the relationship between CUI and all of its
Customers.
Every Customer, by applying for or using a Service Connection or Water
Services or other services of any kind provided by CUI under the authority of the Water
Bylaw, is deemed to have accepted these Terms and Conditions and is bound by and
subject to them.
(3) Unless otherwise agreed in writing by CUI and a Customer, provision of Water Services
or other services by CUI to Customers will occur only in accordance with these Terms
and Conditions.
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3
No Guarantee of Continuous Supply
(1) CUI does not guarantee or warrant the continuous supply of potable water and CUI
reserves the right to change the operating pressure, restrict the availability of Water
Services or to disconnect Water Services, in whole or in part, with or without notice, in
accordance with this Bylaw.
(2) Customers depending upon a continuous and uninterrupted supply or pressure of water
or who require or have processes or equipment that require particularly clear or pure
water shall provide such facilities, as they are considered necessary and subject to the
prior approval of CUI, to ensure a continuous and uninterrupted supply, pressure or
quality of water required for this use. CUI assumes no responsibility for same.
(3) CUI shall not be liable for damages, including losses caused by a break within the Water
System or caused by the interference or cessation of water supply including those
necessary or advisable regarding the repair or proper maintenance of the Water System
or generally for any accident due to the operation of the Water System or for the
disconnection of a Service Connection nor by reason of the water containing sediments,
deposits, or other foreign matter.
4 Water Demand Management Measures
(1) CUI may, at such times and for such lengths of time as is considered necessary or
advisable, implement Water Demand Management Measures to restrict water usage to
J
any or all parts of the Town.
(2) All water restrictions shall be advertised by use of local media, printed or otherwise, prior
to taking effect.
(3) No Person shall contravene the terms or conditions of any Water Demand Management
Measures, without first obtaining CUPs authorization.
5 Alternate Water Supply
(1) No Person shall, unless authorized in writing by CUI, allow water to be supplied to a
Property lying along a Water Main by way of a well, spring or other source of water
supply that is not connected to the Water System.
(2) CUI may allow a Person to use an alternate source of water supply subject to such
terms and conditions as CUI deems necessary, including but not limited to imposing a
limit on the period of time for which an alternate source of water supply may be used.
(3) No Person who has been granted permission by CUI to use an alternate water supply
under this section shall allow the alternate source of water to be connected, directly or
indirectly, to the Water System.
6 Resale and Supply of Water
(1) No Person shall, unless authorized by CUI in writing:
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Bylaw No. 025-13
Water Bylaw
(a)
resell water obtained from the Water System to any other Person;
(b)
supply water obtained from the Water System to any Person who intends to sell
the water; or
(c)
supply water from the Water System to any Property that could be supplied with
water through its own Service Connection.
7
Unauthorized Use of Water
(1) No Person shall use water from the Water System, or allow water obtained from the
Water System to be used:
(a)
in an unauthorized manner;
(b)
in a manner that will impede water use by other Customers;
(c)
unless an Account has been opened by the Customer;
(d)
unless the water has first passed through a Meter.
(2) If CUI finds an unauthorized use of water including without restriction as a result of any
tampering with a Meter or other Facilities, CUI may make such changes in its Meters,
appliances, or other Facilities or take such other corrective action as may be appropriate
to ensure only the authorized use of the Facilities, and also to ensure the safety of the
general public.
(3) Upon finding an unauthorized use of water, CUI may disconnect the Service Connection
immediately, without notice and shall charge the Person all costs incurred in correcting
the condition, in addition to any other rights and remedies that may be available to CUI.
(4) A Person that uses water in contravention of this Section shall pay the following charges:
(a)
The applicable rate for the water used and, where necessary, based on an
estimate by CUI of the amount of water used in contravention of this Section;
(b)
All costs incurred by CUI in dealing with the contravention; and
(c)
Any other applicable fees or charges provided for in this Bylaw.
8
Fees, Rates and Charges
(1) CUI will provide Water Services at the fees, rates and other charges specified in the
Water Bylaw
(2) All additional services provided by CUI to a Customer will be billed to the Customer in
accordance with an agreement between the Customer and CUI.
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PART III - SERVICE CONNECTIONS
9
Application for Service Connection
(1) A Customer requesting Water Services involving a new Service Connection shall apply
to CUI by paying all associated fees and supplying information regarding the location of
the Property to be served, the manner in which the Service Connection will be utilized,
and any other information that may be reasonably required by CUI.
(2) Upon receipt of all required information and fees, verification of the Customer's identity
and the accuracy of the information, CUI will advise the Customer whether and on what
terms CUI is prepared to supply Water Services to the Customer, the type and character
of the Service Connection it is prepared to approve for the Customer, and any
conditions, including without limitation, payments by the Customer, that must be satisfied
as a condition of installation of a Service Connection and supply of Water Services.
10 Easements and Rights-of-Way
(1) At the request of either the Town or CUI, the Customer shall grant or cause to be
granted to the Town or CUI or both, without cost to the Town or CUI, such easements or
rights-of-way over, upon or under Property owned or controlled by the Customer as the
Town or CUI or
both
may reasonably require for the construction,
installation,
maintenance, repair, and operation of the Water System.
11 Authorizations and Approvals for Private Water Line
(1) The Customer shall be responsible for obtaining all permits, certificates, licenses,
inspections,
reports,
and
other authorizations necessary for the installation
and
operation of the Private Water Line.
(2) CUI shall not be required to commence Water Services to a Property unless and until
the Customer has complied with the requirements of all governmental authorities,
permits, certificates, licenses, inspections, reports and other authorizations, all right-of-
way agreements, and all of CUI's requirements applicable to the installation and
operation of the Private Water Line. CUI reserves the right, but is not obligated, to verify
that all necessary authorizations have been obtained by the Customer.
12 Temporary Water Services
(1) CUI may provide temporary, metered Water Services for bulk water purchases upon
such terms and conditions as approved by CUI, including but not limited to payment of a
security deposit for the rental of the Meter and a Meter rental fee. The Customer will pay
the bulk water rates and charges as specified in the Water Bylaw for bulk water
purchases.
(2) CUI may provide temporary, unmetered Water Services wherever practicable to a
Customer for purposes of facilitating construction of a new development. The Customer
will pay a rate, charge or fee for such Water Services as specified in the Water Bylaw. A
Customer who is receiving unmetered Water Services for the construction phase of a
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development ceases to be entitled to take unmetered Water Services at the construction
rate and is required to apply for metered Water Services when
(i)
a Town final inspection is used for the development; or
(ii)
the development is being used for its intended purpose;
whichever event occurs first.
13 Design and Engineering Requirements for Service Connections
(1) Detailed requirements for engineering and construction of Service Connections are set
out in the Engineering Design Standards, or as may be otherwise directed by CUI. It is
the Customer's
responsibility to
supply, at the Customer's cost,
any plans and
engineering reports pertaining to the Service Connection that CUI may reasonably
require, signed and sealed by a professional engineer.
14 Construction of Service Connections
(1) CUI shall provide and install all Facilities up to the Service Connection Point, subject to
the terms of this Bylaw including without limitation, payments by the Customer.
(2) The Customer shall be responsible for the installation and condition of the Private Water
/
Line and all other piping and equipment or other facilities of any kind whatsoever on the
W'
Customer's side ofthe Service Connection Point and:
(a)
shall ensure that the Customer's proposed Private Water Line receives approval
from CUI prior to construction; and
(b)
shall not backfill the excavation until such time as CUI has inspected the work or
has advised approval of the work.
15 Customer Responsibility for Service Connection
(1) The Customer assumes full responsibility for the proper use of the Service Connection
and any Water Services provided by CUI and for the condition, suitability and safety of
any and all devices or equipment necessary for receiving Water Services that are
located on the Customer's Property.
(2) The Customer shall be responsible for determining whether the Customer requires any
devices to protect the Customer's Property from damage that may result from the use of
a Service Connection or Water Services, or to protect the safety or reliability of the
Water System.
The Customer shall provide and install any such devices at the
Customer's sole expense.
16 Compliance with Requirements and Use of Service Connection
(1) A Customer shall ensure that the Customer's facilities comply with the requirements of
%^
this Bylaw, any statute, code or regulation and with CUI'sspecifications.
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(2) A Customer shall not use a Service Connection or any Water Services received in a
^*J
manner so as to interfere with any other Customer's use of a Service Connection or
Water Services.
(3) A Customer who has breached subsection (2) shall, at CUI's request, take whatever
action is required to correct such interference or disturbance at the Customer's expense.
17 Abandonment of Service Connection
(1) Whenever a Customer no longer requires a Service Connection, or wishes to abandon a
Service Connection, the Customer shall first obtain approval from CUI for the method
and location of abandonment and the Customer shall assume responsibility for all costs
associated with the same.
PART IV - WATER METERS
18 Provision and Ownership of Meters
(1) All water supplied by CUI through each Service Connection shall be measured by one
Meter unless CUI, in its sole discretion, has specified otherwise.
(2) CUI shall, at the Customer's sole cost, supply and install one or more Meters for the
purpose of measuring the volume of water delivered to a Customer by way of a Service
Connection.
Each Meter shall remain the sole property of CUI, notwithstanding the
Customer has paid CUI's costs of supply, unless CUI and the Customer have expressly
^
agreed in writing otherwise.
(3) In the case of new construction, a Customer's Property shall only be approved for
occupancy by the Town after the Meter is installed and an Account opened.
19 Responsibilities of Customer
(1) Each Customer shall ensure that a location on the Customer's Property for Meter
installation is provided, and that access to the Meter is provided for the purpose of
reading or servicing the Meter,
in accordance with all applicable Water Service
Guidelines.
(2) Each Customer shall provide adequate protection for the Meter supplied by CUI against
freezing, heat or any internal or external damage.
(3) When a Meter is damaged due to frost, heat or any other condition or means against
which the Customer neglected to provide adequate protection, the cost of removal and
repair or replacement of the Meter shall be borne by the Customer.
20 General Meter Restrictions
(1) No Person, other than an authorized agent of CUI, shall install, test, remove, repair,
replace, or disconnect a Meter.
(2) No Person shall break, tamper, or interfere with any Meter.
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(3) Ifa Meter is lost, damaged or destroyed, the Customer shall pay for the entire cost of the
Meter removal, repair and reinstallation or for the cost of replacing the Meter.
(4) No Person shall obstruct or impede direct and convenient access to Meters for the
purpose of inspection, removal, repair, replacement or reading.
21 Subsidiary Meters
(1) A Customer may, for his own benefit, and at his own cost, install a Subsidiary Meter
between the Meter supplied by CUI and the point of use of the water supplied, provided
that CUI shall under no circumstances be required to maintain or read a Subsidiary
Meter installed under this Section.
(2) All Subsidiary Meters shall remain the property of the Owner.
(3) Where, in the opinion of CUI, a Subsidiary Meter has been installed in a manner so as to
interfere with the operation of or access to CUI's Meter, CUI may direct, in writing, that
the Customer relocate or remove the Subsidiary Meter within a time frame selected by
CUI.
22 Access to Meters
(1) CUI may, at any reasonable time, read, inspect, remove or test a Meter installed on
Property owned or controlled by the Customer.
23 Meter Readings
(1) Where 2 consecutive estimated Meter readings have been used for billing purposes due
to the Meter not being read by an authorized representative of CUI:
(a)
a notice may be left at the Customer's address requesting the Customer
to
contact CUI within 2 working days, advising of the date and time that CUI will be
able to have access to the Meter for the purpose of obtaining an actual Meter
reading; or
(b)
in the case where the Customer does not contact CUI within 2 working days, CUI
may disconnect the Service Connection without any further notice until such time
as an actual Meter reading can be obtained.
24 Meter Testing
(1) At the request of a Customer, CUI shall arrange for Meter verification and if necessary,
shall arrange for a Meter to be tested by a person qualified to perform such work.
If,
upon verification or testing or both, the Meter is found to be recording accurately, which
for this purpose is defined as recording between 95% and 105% of actual consumption,
then the Customer shall pay all applicable fees and charges for this service.
(2) Ifthe Meter is found to be recording inaccurately as defined above, CUI will:
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(a)
Repair or replace the Meter and the cost, along with the costs ofverification and
^J
testing, shall be borne by CUI; and
(b)
The Account based on the readings of that Meter during the period of 4 months
immediately preceding the date of the test or calibration shall be corrected to
reflect the error in the Meter and the Customer shall pay, or shall be refunded, as
the case may be, the amount so determined, which payment or refund shall be
accepted by both CUI and the Customer in full settlement of any claim that may
arise out of the error in the Meter.
(3) CUI may at any time inspect or test any Meter, on its own initiative, regardless of
whether the Customer has requested inspection or testing.
In such case no fees or
charges are payable by the Customer.
25 Circumvention of Meter
(1) If under any circumstances, a Person other than an authorized agent of CUI prevents a
Meter from accurately recording the total volume of water supplied, CUI may disconnect
the Service Connection or take other appropriate actions to ensure access to accurate
Meter data or both.
(2) CUI may then estimate the demand and amount of water supplied but not recorded by
the Meter at the Service Connection. The Customer shall pay the cost of the estimated
water consumption plus all costs related to the investigation and resolution of the matter.
PART V -
FIRE HYDRANTS AND OTHER FACILITIES
26 Use of Water from Fire Hydrants
(1) Unless authorized by CUI, no Person shall operate or interfere with a fire hydrant,
whether CUI owned or privately owned, except as necessary for firefighting purposes.
(2) A Customer requesting authorization to use water from a fire hydrant shall apply to CUI
by paying all associated fees and supplying information regarding the location of the fire
hydrant to be accessed, the manner in which it will be used, and any other information
that may be reasonably required by CUI.
(3) CUI will advise the Customer whether and on what terms CUI is prepared to authorize
use of a fire hydrant and any conditions (including without limitation, payments by the
Customer) that must be satisfied as a condition of using a fire hydrant.
27 Fire Hydrant Flow Tests
(1) No Person shall conduct fire hydrant flow tests without first obtaining the authorization of
CUI.
(2) Fire hydrant flow tests shall be conducted at the Customer's sole expense, including all
costs associated with having a CUI representative attend to witness the test.
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28 Private Fire Hydrants
(1) A Customer who wishes to install a private fire hydrant on the Customer's Property may,
upon obtaining approval for the installation from CUI, do so at the Customer's sole
expense.
(2) A Customer shall ensure that every private fire hydrant located on the Customer's
Property maintains an adequate volume, pressure and flow rate of water required for
firefighting purposes.
(3) CUI may, at any reasonable time, inspect and test a private fire hydrant for compliance
with the Water Bylaw or request the Customer to supply test results.
29 Interference with Fire Hydrants
(1) No Person shall do anything to obstruct access to, or interfere with the operation of, a
fire hydrant.
(2) Each Customer who owns Property on which a fire hydrant is located or Property that is
adjacent to Property on which a fire hydrant is located shall maintain a clearance of at
least 1 meter around a fire hydrant and shall not permit anything to be constructed,
erected, placed or planted within that minimum clearance.
30 Operation of Curb Stops
(1) No Person, other than an authorized representative of CUI, shall operate a Curb Stop on
any Property.
31 Ownership of Facilities
(1) CUI retains ownership of all Facilities necessary to provide Water Services to a
Customer, up to and including the Service Connection Point, unless a written agreement
between CUI and a Customer specifically provides otherwise.
(2) Payment made by a Customer for costs incurred by CUI for supplying and installing
Facilities does not entitle the Customer to ownership of any such Facilities, unless a
written agreement between CUI and the Customer specifically provides otherwise.
32 Access to Facilities
(1) No Person shall obstruct or impede CUI's free and direct access to any Facilities,
including without limitation, Water Mains, valves, Curb Stops, fire hydrants, or Meters.
(2) A Customer shall be responsible for managing vegetation on the Property owned or
controlled by the Customer to maintain adequate clearances and reduce the risk of
contact with CUI's above-ground Facilities.
(3) A Customer shall not install or allow to be installed on Property owned or controlled by
the Customer any temporary or permanent structures that could interfere with the proper
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and safe operation of CUI's Facilities or result in non-compliance with applicable
^J
statutes, regulations, standards or codes.
(4) Where a Customer contravenes any provision of this Section and fails to remedy such
contravention within 10 days after receiving from CUI a notice in writing to do so, then in
addition to any other legal remedy available CUI may take any steps necessary to
remedy the contravention and may charge any costs of doing so to the Customer's
Account.
33 Interference with or Damage to Facilities
(1) No Person shall interfere with or alter any Meter, seals or other Facilities or permit the
same to be done by any Person other than an authorized agent of CUI.
(2) A Customer is responsible to pay for the cost of repairing, replacing or otherwise
remedying any damage to or loss of Facilities located on the Customer's Property unless
occasioned by circumstances as determined in the CUI's sole discretion to have been
beyond the Customer's control.
34 Protection of Facilities on Customer's Property
(1) The Customer shall furnish and maintain, at no cost to CUI, the necessary space and
protective barriers to safeguard Facilities installed or to be installed upon the Customer's
Property.
If the Customer refuses, CUI may, at its option, furnish and maintain, and
charge the Customer for furnishing and maintaining, the necessary protection. Such
.^J
space and protective barriers shall be in conformity with applicable laws and regulations
and subject to CUI's specifications and approval.
35 Cross Connections
(1) No Customer shall install or allow to exist any connection or Cross Connection that could
cause or allow drinking water in any part of the Water System to become contaminated
or polluted in any way.
(2) Where CUI determines that there exists a connection or Cross Connection prohibited by
this Section, CUI shall give notice to the Customer to correct the connection or Cross
Connection at the expense of the Customer within the time specified in the notice and
may,
in addition to
any other legal remedy, disconnect the Service Connection
immediately for such time as the prohibited connection or Cross Connection continues.
36 Customer to Pay Relocation Costs
(1) The Customer shall pay all costs of relocating CUI's Facilities at the Customer's request,
if such relocation is for the Customer's convenience, or if necessary to remedy any
violation of law or regulation caused by the Customer.
If requested by CUI, the
Customer shall pay the estimated cost of the relocation in advance.
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37 Prohibited Extension of Customer Owned Facilities
(1) A Customer shall not extend or permit the extension of a Private Water Line or any other
Customer-owned piping, equipment or other assets that are connected directly or
indirectly to the Water System, beyond the Property in respect of which they are used to
supply Water Services through a Service Connection.
PART VI-
UTILITY ACCOUNTS
38 Requirement for Account
(1) The Owner of a Property shall apply for an Account with CUI and pay all applicable fees
as a condition of obtaining Water Services, regardless of whether the provision of
services requires installation of a new Service Connection(s) or construction of any new
Facilities.
(2) Except as provided under this Bylaw, CUI shall not grant Water Services to a Tenant.
(3) Notwithstanding subsection (2) above, an Owner may request to have bills mailed to the
Tenant at a Property under the Owner's name; however, the Owner of a Property where
Water Services are received shall be responsible for all services delivered or consumed
and all fees, rates and charges levied for services delivered or consumed.
(4) Upon the change of ownership of a Property supplied with Water Services, the new
Owner shall apply for an Account with CUI, failing which CUI may deem an application to
have been received from the new Owner of the Property and open an Account in the
new Owner's name.
39 Security Deposits
(1) CUI may, in its sole discretion, at the time of a Customer's application for Water Services
or at any time thereafter require the Customer to post a security deposit or increase an
existing security deposit.
(2) CUI may, in its sole discretion, determine that a Customer is not required to post a
security deposit or is no longer required to maintain an existing security deposit.
(3) A deposit made by a Customer shall be returned to the Customer when a Customer's
Water Services are terminated and the Customer's Account is closed.
Where a
Customer's Water Services are terminated and the Customer's Account is closed for
non-payment, prior to any refund, the security deposit will be applied to the balance
owing by the Customer to CUI.
(4) CUI is not obliged to pay interest on any security deposit held by CUI to a Customer.
40 Obligation to Pay
(1) CUI may add to a Customer's Account the charges for all Water Services provided by
CUI to the Customer, and the Customer is obligated to pay in full all such charges
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Bylaw No. 025-13
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without reduction or set-off for any reason whatsoever, on or before the due date for the
charges.
(2) No reduction in charges for Water Services will be made for water supplied to or made
available for use by any Customer because of any interruption due to any cause
whatsoever of the water supply.
(3) The amount of the billing shall be based upon the rates, fees and charges set out in the
Water Bylaw, with water consumption being determined by the applicable Meter reading
obtained on a bi-monthly basis, or such other frequency in the discretion of CUI. Where
a Meter reading is not obtainable, at the discretion of CUI, an estimate may be used.
(4) Payment on Accounts may be made to CUI at such locations designated, and under any
payment methods approved, by CUI from time to time.
41
Past Due Accounts
(1) A late payment charge shall be applied to all charges on a Customer's Account if the
Customer's payment has not been received by CUI by the due date.
The Customer
shall also be charged a charge for each cheque returned for insufficient funds, or for any
other reason.
(2) Any charge on a Customer's Account remaining unpaid after the due date will be in
arrears and constitute a debt owing to CUI and is recoverable by any or all of the
following methods, namely:
(a)
by action, in any Court of competent jurisdiction;
(b)
by disconnecting the Service Connection to the Customer, and imposing a re-
connection fee prior to re-establishing Water Services;
(c)
by Council adding the outstanding Account balance to the tax roll of an Owner of
a Property in accordance with the Municipal Government Act.
42 Disconnection without Notice
(1) If CUI believes there is any actual or threatened danger to life or Property, or in any
other circumstances the nature of which, in CUI's sole judgment, requires such action,
CUI has the right to withhold connection or to disconnect a Service Connection without
prior notice to the Customer.
43 Disconnection with Notice
(1) CUI may withhold connection or may disconnect a Customer's Service Connection
(without prejudice to any of CUI's other remedies) after providing 48 hours advance
notice to the Customer, as applicable, in the following circumstances:
(a)
if the Customer neglects or refuses to pay when due any amounts required to be
paid under this Bylaw, which amount is not the subject of a good faith dispute in
accordance with all applicable Water Services Guidelines;
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Bylaw No. 025-13
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(b)
as required by law;
(c)
if the Customer is in violation of any provision of the Water Bylaw, including
without limitation these Terms and Conditions of Water Services, whether or not
the Customer has been prosecuted for the offence; or
(d)
Any other similar circumstances to those described above that CUI determines,
in its sole discretion, acting reasonably, require the withholding or disconnecting
of service upon 48 hours' notice.
44 Reconnection of Service
(1) Before CUI reconnects or restores Water Services or Sewer Services, the Customer
shall pay:
(a)
any amount owing to CUI for the provision of Water Services;
(b)
the applicable disconnection and reconnection charges; and
(c)
any applicable security deposit.
45 CUI's Right of Entry
(1) As a condition of receipt of Water Services and as operational needs dictate, authorized
representatives of CUI shall have the right to enter a Customer's Property at all
reasonable times, or at any time during an Emergency, for the purpose of:
(a)
installing,
inspecting,
maintaining,
replacing, testing,
monitoring,
reading or
removing CUI's Facilities;
(b)
investigating or responding to a Customer complaint or inquiry;
(c)
conducting an unannounced inspection where CUI has reasonable grounds to
believe that unauthorized use of water or interference with Facilities, including
but not limited to a Meter, has occurred or is occurring; and
(d)
for any other purpose incidental to the provision of Water Services.
(2) CUI will make reasonable efforts to notify the Customer in advance of entering a
Customer's property or to notify any other Person who is at the Customer's property and
appears to have authority to permit entry, except:
(a)
in cases of an Emergency;
(b)
where entry is permitted by order of a court or other authority having jurisdiction;
(c)
where otherwise legally empowered to enter; or
(d)
where the purpose of the entry is in accordance with subsection (1)(c) above.
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(3) The Customer shall pay a no access fee sufficient to cover CUI's reasonable out-of-
pocket and administrative costs, if CUI's lawful entry to a Customer's Property is
prevented or hindered, whether by a Customer not keeping a scheduled appointment or
for any other cause.
46 Removal of CUI Facilities
(1) Where any Customer discontinues Water Services furnished by CUI, or CUI lawfully
refuses to continue any longer to supply it, any authorized representative of CUI may at
all reasonable times enter the Customer's Property to remove any Facilities in or upon
such Property.
47 False Information
(1) No Person shall supply false information or make inaccurate or untrue statements in a
document or information required to be supplied to CUI pursuant to this Bylaw.
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>^r
Residential Water Service
Bylaw No. 025-13
Water Bylaw
SCHEDULE"B"
RATES, FEES AND CHARGES
The following rates and charges apply to all residential dwelling Customers in the Town of
Chestermere.
Fixed Monthly Service Charge
$18.98
Consumption Charge
0m3-18.0m3
$0.86 per m3
Over 18.0 m3
$1.72 m3
Non-Residential Water Service
The following rates and charges apply to all commercial, industrial and institutional Customers
within the Town of Chestermere:
Fixed Monthly Service Charge
$53.11
Consumption Charge
0m3-100.0 m3
$1.08 per m3
Over 100.0 m3
$1.72m3
Bulk Water
The following rates and charges apply:
Basic Charge
$5.00 per day, minimum 3
days
Consumption Charge
$1.94 per m3
The use of water to test and flush water mains, hydrant leads and water service
connections shall be calculated based on the flow rate and the charge shall be $1.77 per
cubic meter.
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Bylaw No. 025-13
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SCHEDULE"C"
SPECIFIED PENALTIES
Section
Offence
Specified Penalty
s. 16(1)
Obstruct an authorized
representatives
$200
Schedule "A", s. 4(3)
Fail to comply with Water
Demand Management
Measures
$500
Schedule "A", s. 5(1)
Obtain water from source not
connected to the Water
System
$500
Schedule "A", s. 5(3)
Connect an alternate water
source to the Water System
$500
Schedule "A", s. 6(1 )(a)
Unauthorized resale of water
$500
Schedule "A", s. 6(1 )(b)
Supply water to Person
intending to resell water
$500
Schedule "A", s. 6(1 )(c)
Supply water to Property
capable of own Service
Connection
$500
Schedule "A", s. 7(1 )(a)
Use water in unauthorized
manner
$500
Schedule "A", s. 7(1 )(b)
Impede water use of other
Customers
$200
Schedule "A", s. 7(1 )(c)
Use water without an Account
$500
, Schedule "A", s. 7(1 )(d)
Use water that did not pass
through a Meter
$500
Schedule "A", s. 14(2)(b)
Backfill before Service
Connection inspection
$250
Schedule "A", s. 16(2)
Interfere with another
Customer's Service
Connection/Water Services
$200
Schedule "A", s. 20(1)
Unauthorized installation,
testing, removal, repair,
replacement or disconnection
of Meter
$500
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Bylaw No. 025-13
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I Schedule "A", s. 20(2)
Break, tamper or interfere with
Meter
$500
Schedule "A", s. 20(4)
Obstruct access to Meter
$250
Schedulers. 26(1)
Unauthorized operation of a
fire hydrant
$750
Schedulers. 27(1)
Unauthorized fire hydrant flow
test
$750
Scheduled", s. 29(1)
Obstruct access to or
operation of a fire hydrant
$300
Schedule "A", s. 29(2)
Fail to maintain one meter
clearance around fire hydrant
$300
Scheduled", s. 30(1)
Unauthorized operation of
Curb Stop
$500
Schedulers. 32(1)
Obstruct access to Facilities
$500
Schedule "A", s. 32(3)
Install structure that interferes
with proper and safe operation
of Facilities
$200
Schedulers. 33(1)
Interfere with or alter Facilities
$500
Scheduler s. 35(1)
Connection/Cross Connection
that could contaminate water
$750
Scheduler s. 37(1)
Extend Customer-owned
infrastructure beyond Property
$750
Scheduler s. 47(1)
Supply false or inaccurate
information
$200
Any subsequent offence
Double the specified
penalty listed above
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