Fort St. James, British Columbia
· No. 936
· summary & facts
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DISTRICT OF FORT ST JAMES
BULK WATER BYLAW NO. 936, 2013
A Bylaw to regulate the sale of bulk water from the District of Fort St. James public water
system.
The Council of the District of Fort St. James enacts as follows:
1.
TITLE
This Bylaw may be cited for all purposes as "District of Fort St. James Bulk Water Bylaw No.
936, 2013".
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be
invalid by a decision of any court of competent jurisdiction, the invalid portion shall be severed,
without affecting the remainder of this Bylaw;
2.
DEFINITIONS
In this Bylaw, unless the context otherwise requires, the words and expressions noted below
shall mean as follows, except that any word or expression not defined in this section, but defined
in the Community Charter or the Local Government Act shall have the meaning there defined.
a)
Person means any individual, firm, company, association, society, corporation,
group or Municipality;
b)
Water Vendor means a person authorized by the District to purchase bulk water
from the District of Fort St. James with the intention of reselling the water to
another person;
c)
Bulk Water means water that is for use at a location other than the location of
purchase.
3.
BULK WATER RATES AND BILLING
The District of Fort St. James will levy a service charge on all persons purchasing bulk water
from the District of Fort St. James public water system as per Schedule "A" to this bylaw.
All fees prescribed in Schedule "A" to this Bylaw, not paid on or before the thirty-first day of
December in any year shall be deemed to be taxes in arrears in respect of the parcels of land
served by the said service connection and such sum shall be recoverable as provided for in
accordance with the provisions of the Community Charter.
4.
DEPOSITS FOR ACCOUNT
DISTRICT OF FORT ST. JAMES BULK WATER BYLAW NO. 936, 2013
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All persons purchasing bulk water from the District of Fort St. James must, upon the opening of
an account, deposit with the Director of Finance the minimum amount of $100.00. This deposit
will be credited against the final billing at the time said account is closed. If any deposited
amount remains after the said account is paid in full, the balance will be refunded to the account
holder. The Director of Finance may increase the amount of the deposit requested at any time for
delinquent accounts. The deposited amount shall not exceed the estimated cost of the supply of
three months of bulk water service to the account holder.
6.
DELINQUENT ACCOUNTS
In the event that an account remains unpaid for a period of sixty (60) days from the billing date,
the Director of Finance shall cause the delinquent customer to be served with a written notice
advising that access to the bulk water service will be denied unless the account is paid in full
within two (2) business days of a notice delivered to the customer, or to person in charge of the
premises of the customer, or seven (7) business days after to the date of mailing a notice. If after
this period, the account remains unpaid, the Director of Finance may cause the service to be
denied without further notice.
7.
SALE OF BULK WATER TO THIRD PARTY FOR RESALE
District of Fort St. James may enter into an agreement with a water vendor to sell bulk water for
the purpose of resale subject to other terms of this bylaw and pre-approval in writing of such an
agreement by the Public Works Superintendent.
8.
SPECIAL AGREEMENT
The District of Fort St. James reserves the right to make special arrangements on terms fixed by
the Council with certain industries or others to whom quantities of bulk water are sold.
9.
RIGHT TO IMPOSE RESTRICTIONS
(a)
When and if it is considered necessary the Chief Administrative Officer, Public
Works Superintendent or Director of Finance may, at his/her sole discretion,
impose restrictions upon on the amount of bulk water any one, or all consumers
may take from the District water system.
(b)
The District of Fort St. James reserves the right to refuse use of the bulk water
service to any person who is deemed by the Public Works Superintendent to be
misusing the service.
(c)
The District shall not be liable for damages caused by the imposition of restrictions
on use of bulk water.
10.
PURCHASE OF BULK WATER
No person shall sell bulk water from the District of Fort St. James public water system from any
person or supplier other than the District of Fort St. James or an authorized water vendor.
DISTRICT OF FORT ST. JAMES BULK WATER BYLAW NO. 936, 2013
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11.
PENALTIES
Any person found guilty of an infraction of any provision of this bylaw shall be liable to
penalties as set out in the attached Schedule "A."
12.
EFFECTIVE DATE
This Bylaw shall take force and have effect from the date of adoption.
READ A FIRST, SECOND AND THIRD TIME THIS 27th DAY OF NOVEMBER, 2013.
ADOPTED THIS 11th DAY OF DECEMBER, 2013.
Rob MacDougall, Mayor
Kevin Crook, Chief Administrative Officer
[Original Signed]
[Original Signed]
DISTRICT OF FORT ST. JAMES BULK WATER BYLAW NO. 936, 2013
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SCHEDULE "A" RATES AND PENALTIES
Rate:
Bulk water rate
$1.00/m3 (one dollar per cubic
metre)
Minimum charge when bulk water is supplied
during any six-month billing cycle:
$100.00
Penalties:
Sell bulk water from District of Fort St. James
public water system without a Water Vendor permit:
$1,000.00 per occurrence
Fail to follow water restrictions imposed:
$100.00 per occurrence