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VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
1 | P a g e
A BYLAW OF THE VILLAGE OF ROSALIND TO PROVIDE PUBLIC UTILITIES AND SERVICES
AND TO DETERMINE THE RATES FOR THE PROVISION OF THESE SERVICES.
WHEREAS
Section 28-47.1 and all amendments thereto of the Municipal
Government Act 2000 provide that the Council of a Municipality
may pass by-laws for the purpose of provisions for the collection
of water, sewer and garbage rates of the Municipality.
WHEREAS
the Village of Rosalind provides for a water supply and
distribution system; and a sanitary sewage collection and disposal
system, and; garbage removal indicated by the Regional Solid
Waste Management Association that is affiliated with the Village
of Rosalind;
WHEREAS
the Village of Rosalind has the authority to charge property
owners for the public utilities and services being provided.
NOW THEREFORE
the Council of the Village of Rosalind, In the Province of Alberta
duly assembled enacts as follows:
1. Citation
This bylaw may be cited as "Utility Services Bylaw".
2. Definitions
In this bylaw:
(a) "Arrears" means account balance which is unpaid after
the due date shown on the invoice;
(b) "Bulk Water" means water available for purchase by
means of Customers filling privately owned water
trucks or tanks at a site established and metered by
the Village;
(c) "Council" means the Council of the Village of Rosalind;
(d) "Municipal Service Line" means that portion of a
Service Connection located between a main line and
the property line;
(e) "Municipal Utility Service" means a water, sewer and
garbage service provided by the municipality;
(f) "Owner" means the registered owner or owners of a
parcel of land or property;
(g) "Service Connection" means the part of the system or
works of a water distribution system or a 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
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
2 | P a g e
and includes those parts of the system or works
described in Section 29 of the Municipal Government
Act;
(h) "Service Line" means that portion of a Service
Connection located above, on or underneath an
Owner's parcel of land;
(i) "System" means the system infrastructure or works
constructed by the Village for Municipal Utility
Services;
(j) "Tenant" means a person who rents or leases a
property from an "Owner";
(k) "Village" means the Village of Rosalind or its duly
authorized representatives;
3. Applicability
(a) This bylaw applies to all Owners and Tenants who
possess or lease properties within the Village of
Rosalind.
4. Severability
(a) If any portion of this bylaw is declared invalid by a
court of competent jurisdiction, then the invalid
portion must be severed and the remainder of the
bylaw is deemed valid.
5. Service Connection & Maintenance/Repair
(a) Full compliance with this Bylaw is a condition and term
of supplying a Municipal Utility Service to a parcel of
land.
(b) An Owner of a parcel of land must submit a written
application to the Village Administration and obtain
the approval of the Village administration before the
Village will construct a Municipal Service Line.
(c) The Village shall approve and supervise the
construction of a Municipal Service Line. The Owner of
the parcel of land to be serviced by the Municipal
Service Line shall be responsible for the costs related
to that construction.
(d) An Owner is responsible for the construction,
maintenance, upgrade 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 approval of the Village. In the event of
emergency situations, Owners will be responsible to
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
3 | P a g e
notify the Village Administration of work that has been
completed. Work must be approved by the Village
before being backfilled.
(e) When the Village initiates excavation, the Village shall
be responsible to return the land to a level grade.
(f) If the Village is not satisfied with the construction,
maintenance, upgrade or repair of a Service Line, the
Village may require the Owner to perform some action
in accordance with its instructions with respect to the
construction, maintenance, upgrade or repair of the
Service Line by a specified time.
(g) If the construction, maintenance, upgrade or repair of
a Service Line has not been done to the satisfaction of
the Village within the specified time or in an
emergency, the Village may enter any parcel of land or
building to construct, maintain or repair the Service
Line.
(h) The costs incurred by the Village relating to the
construction, maintenance, upgrade or repair
performed under Sections 10 and 11 of this Bylaw are
an amount owing to the Village by the Owner of that
property.
(i) No connections shall be made to that portion of a
Service Line situated between the property line of a
parcel of land and the point of entry into the
residence.
(j) The Village shall be responsible for the costs of
maintenance and repair of a Municipal Service Line.
(k) All Owners shall pay an Administration Fee as outlined
in Schedule "A" of this Bylaw upon moving into the
Village.
6. Supply
(a) It is mandatory that you be connected to the Village of
Rosalind water, sewer and garbage system if you live in
the village boundaries. Special considerations must be
approved by the Council of the Village of Rosalind.
(b) Every Owner who receives Municipal Utility Services
shall pay the rates and other charges outlined in
Schedule "A" attached to this Bylaw.
(c) The Owner is responsible for all fees and charges as
outlined in Schedule "A" of this Bylaw until such time
as the Owner applies to the Village to have the service
disconnected because property is deemed vacant.
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
4 | P a g e
(d) When it is necessary for the Village to interrupt service
to any portion of the Municipal Utility Service, the
Village will attempt to contact the affected Customers.
If unable to contact the Customers, the Village may
proceed without notice to interrupt the Municipal
Utility Service. The Village shall not be held liable or
responsible for any damages or claims arising from
service interruption.
-
The following properties are not connected
to the Village of Rosalind water and sewer system.
They have their own well and private sewer
system. They will not be invoiced water and sewer
utility service fees:
-
C-3867CL
-
A/B-4996KS
-
F-3521EO
-
6-3867CL - no sewer service
-
22-1-5819BK - no water or sewer service
-
4-1-1323659 - no sewer service
7. Water
(a) The Village shall have the right to limit the amount of
water supplied to any Customer where Council deems
such action to be necessary. The Council may at any
time, by resolution or bylaw, limit or restrict the use of
water by Customers for the watering of lawns, garden
plots or other areas, or for any other use, for such time
as Council deems advisable.
(b) No person, other than an employee of the Village or a
duly authorized agent of the Village, shall turn, or
attempt to turn, the water supply on or off from the
Village supply system.
(c) If an Owner requests that the water be turned off, and
the Village determines that the curb stop is not able to
be turned off due to its condition, the request may be
denied.
(d) Bulk water may be purchased from the Village for the
rates outlined in Schedule "A" attached to this Bylaw.
8. Sewer
(a) Only water and wastewater shall be discharged into
the Sanitary Sewer System. The discharge of any
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
5 | P a g e
flammable, explosive or other such material into the
Sanitary Sewer System is prohibited.
(b) Unless authorized in writing by Council, no sub surface
storms drains, roof drains or catch basins shall be
connected to the Sanitary Sewer System.
(c) If a Customer requests assistance from the Village for
issues with a Service Line, the Village may assist as
time permits and shall charge the rates as outlined in
Schedule "A" attached to this Bylaw.
(d) A Customer who contravenes this Section may be
subject to the fines outlined in Schedule "A" attached
to this Bylaw.
(e) In the event of a sewer back up, it is the Owners
responsibility up to the property line. Insurance of the
owner or insurance of the Village of Rosalind should
cover any excessive damage/cost.
9. Protection of Utility Services
(a) 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 Village.
(b) 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 and any person who does
perform such acts shall be liable for any damage
incurred.
(c) No person shall hinder, interrupt or cause to be
hindered, any employee of the Village or its
contractors, servants and agents or workers, in the
exercise of any of the powers or duties relating to a
Municipal Utility Service as authorized or required in
this Bylaw.
(d) Only Village employees, agents, contractors and fire
department members have the authority to open or
close any hydrant, stopcock or hydrant chamber.
(e) All Owners and Tenants shall ensure free access to any
hydrant, stop-cock or hydrant chamber and shall not
place any building material, rubbish or other
obstruction on any of these system components.
(f) No person shall throw or deposit any injurious, harmful
or offensive matter into the water or water works or in
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
6 | P a g e
any way foul the water or commit any willful damage
or injury to the works, pipes or encourages damage or
injury to be done. Any person who does perform such
acts shall be liable for any damage incurred.
(g) No person shall throw or deposit any injurious, harmful
or offensive matter into the sanitary sewer system
which in any way adversely affects the operation of the
Municipal Sanitary Sewer System, including the sewage
lagoon.
(h) No person shall willfully and without authority enter,
interrupt or cut off the supply or discharge of any
Municipal Utility Service.
(i) The Village may discontinue access to a Municipal
Utility Service where the Village believes the use of a
Municipal Utility Service to a property to be contrary
to this Bylaw.
(j) Any person who contravenes a provision in this section
is guilty of an offence and is liable to the fines outlined
in Schedule "A" of this Bylaw.
10. Access for Authorized Purposes
(a) As a condition of Municipal Utility Services and as
operational needs dictate, employees of the Village
shall have free access to all parts of a property,
building or other premises in which the Municipal
Utility Service is delivered at reasonable hours of the
day and upon reasonable notice for the purpose of:
i. Installation, testing, maintenance, repair and/or
removal of any part of the Municipal Utility Service
including any portion of a Service Connection;
ii. Inspections for compliance with this Bylaw.
11. Billing
(a) The Village will provide Municipal Utility Services only
to the Owners.
(b) Owners shall be responsible for ensuring their
Municipal Utility accounts remain in good standing.
(c) Municipal Utility Services invoices will be mailed to the
Owners immediately following the months in which
the utility services were provided.
(d) Owners may request that a copy of the utility invoice
be mailed to the Tenant by completing the Utilities
Rental Agreement as attached as Schedule "B" of this
Bylaw. The Village will apply any payments from a
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
7 | P a g e
Tenant to the Owner's utility account balance. The
Owner will continue to receive the original invoice and
shall remain responsible for the account.
(e) Bulk water invoices shall be mailed to the Customers
immediately following the month or period in which
the bulk water was provided.
(f) Municipal Utility Services and bulk water invoices shall
be due on the last day of the month immediately
following the month(s) in which the services were
provided.
(g) Payments may be made to the Village of Rosalind by
cash, cheque, money order, electronic funds transfer,
email transfer or automatic debit/withdrawal.
Electronic funds transfers must be received and
showing deposited in the Village bank account on or by
the due date. Email transfers must be sent and
received by the Village during regular Village business
hours for deposit into the Village bank account by the
due date. Funds not received by the due date will be
subject to penalty.
(h) Utility bills may be paid one year in advance for the
calendar year (January to December). Any increase
during the calendar year will not come into effect on
pre-paid utilities until January of the following year.
12. Charges and Penalties
(a) The fees and charges to the Customer for Municipal
Utility Services, penalties for Arrears and other fees for
the Municipal Utility Services or System are outlined
on Schedule "A" of this Bylaw.
(b) Any account in Arrears the last day of the month
immediately following the month(s) in which the
services were provided, shall be charged a penalty in
accordance to the rates outlined in Schedule "A"
attached to this Bylaw. The penalty shall be added to
and shall form part of the unpaid invoice.
(c) In the event that any such utility bill shall remain
unpaid after 60 days after billing date, the water
supply to the property is subject to disconnection, and
should the service be disconnected it may not be
reconnected until the outstanding utility amount plus
any dis/connection related fees as outlined in Schedule
"A" are paid in full.
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
8 | P a g e
(d) The Village shall have the authority to turn off the
water for any account in Arrears with two (2) weeks
written notice.
(e) In the case of default in payment of the utility bill, the
CAO or designate may add any amount owing to the
tax roll of the respective parcel of land.
i. If utility accounts are in arrears on December 31 in
any year, the amount will be added to the tax roll
of the respective parcel of land and become taxes
owing to the Municipality, in accordance to
Municipal Government Act Section 553 and
become subject to tax penalties plus
administration charges as outlined in Schedule "A"
of this Bylaw.
(f) Any charges provided for under this Bylaw shall
constitute debts recoverable by actions in accordance
with the Municipal Government Act.
(g) Any outstanding utility balance shall be transferred
over to the Property Tax Roll of same owner prior to
transfer of Land Titles.
13. Miscellaneous
(a) Bylaw 244-14 is hereby rescinded.
(b) Bylaw 250-17 is hereby rescinded.
THIS BY-LAW to become effective on the day of the final passing thereof.
Received first reading this 8th day of August 2019.
_______________________
______________________
Mayor
Administrator
Received second reading this 8th day of August 2019.
_______________________
______________________
Mayor
Administrator
Received third and final reading this 8th day of August 2019.
_______________________
______________________
Mayor
Administrator
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
9 | P a g e
Schedule A
Utility Service Bylaw 263-19 Fees and Charges:
A. Water Charges:
1. Municipal Services
a) Monthly Flat Rate
$29.00/monthly
2. Rosalind School Building
a) Monthly Flat Rate
$29.00/monthly
*Subject to review as occupancy and water consumption of school
building is determined.
3. Bulk Water Sales
a) Agricultural or Residential Rates
$0.03/gallon
4. Disconnection and/or Reconnection Fee $25.00 for the first hour; and
$25/hour for every hour after the first hour.
B. Sewer Charges:
1. Municipal Services
a) Monthly Flat Rate
$16.00/monthly
2. Rosalind School
a) Monthly Flat Rate
$16.00/monthly
*Subject to review as occupancy and water consumption of school
building is determined.
C. Garbage Charges:
1. Municipal Services to each residential and non-residential property
a)
Annual Flat Rate invoiced into a monthly breakdown.
$200/year
D. Utility Penalties:
1. Penalty after due date
5%/month
(of the then unpaid balance)
E. Utility Administration Fee:
1. Change of utility accounts
$90.00
2. Fee to transfer Utility and/or
Accounts Receivable Arrears to
Tax account
$40.00
VILLAGE OF ROSALIND
UTILITY SERVICE BYLAW
263-19
10 | P a g e
Schedule B
Village of Rosalind Utility Rental Agreement
Utility Account Number:
Effective Date:
Legal Description:
Lot(s): Block: Plan:
Street Address:
Owners Name(s):
Renters Name(s):
Owners Mailing Address:
Renters Mailing Address:
Owners Phone Number(s):
Renters Phone Number(s):
I, ______________________________________, being the owner of the property
described above, hereby consent to having the Village of Rosalind utility billing
forwarded to the renter at the renter's mailing address as noted above.
It is the property owner's responsibility to register any dog(s) or inform the renter to do
so at the Village of Rosalind office. Failure to register any dog(s) will result in a violation
ticket as per Section 11 of Bylaw #251-17. MAXIMUM 2 DOGS
I AM ALSO AWARE THAT:
Any unpaid utility balances as per Sections 12 of Bylaw #263-19 or violation tickets as
per Section 11 of Dog Bylaw #251-17, are the responsibility of the owner and if arrears
remain unpaid by either the renter or the property owner, balances not paid within the
specified time will be transferred to the property tax account, plus administration fees
and any penalties, knowing that amounts transferred to the tax roll are then subject to
penalties applicable to unpaid taxes.
Submitted to the Village Office:
______________________________
Date
_______________________________
______________________________
Signature of Property Owner
Signature of Property Owner
_______________________________
______________________________
Print Name
Print Name
______________________________
Approved by Village