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VILLAGE OF MIDWAY
BY-LAW NO. 227 (1992)
A by-law to regulate the rates, terms and conditions under which water from the
municipal water utility may be supplied and used.
The Council of the Village of Midway, in open meeting assembled, enacts as follows:
1.
INTERPRETATION
"CLERK"
in this by-law, unless the context otherwise required, "Clerk" means
the Clerk of the Village of Midway.
"WATER
CONNECTION"
means the water line extending from the water main to the property
line of the property being serviced or about to be serviced;
"CONSUMER"
means any person, or company or corporation who is the owner or
agent for the owner of any premises to which water is supplied or
made available from the works and also any person who is the
occupier of any such premises, and also includes any person who
is actually a user of the said works;
"SERVICE-
PIPES"
means that portion of the water supply line extending from the
property line of the property concerned to the building situated
thereon, and joining the water connection to the plumbing system at
the building;
"WATER MAINS" means any water service under the control of the municipality which
is intended for public use;
"WATER
SERVICE"
means the supply of water from the waterworks to any person, and
all the taps, valves, meters, connections and other things
necessary to any actually used for the purpose of such supply;
"WORKS"
means the waterworks of the Village of Midway.
2.
APPLICATION FOR SERVICE
(1)
Application in the form of "Schedule B" attached to and forming part
of this by-law for the supplying of water to any property shall be
made and delivered to the Clerk, and must be signed by the owner
of such property or his duly authorized agent signing as such or by
the consumer applying for such service. Each application, when
signed by the potential customer, shall be an agreement whereby
the customer agrees to abide by the terms and conditions of this
by-law, and amendment thereto.
(2)
Upon approval of the application by the Clerk, he may turn on or
cause to be turned on, the water service to the consumers
premises.
3.
APPLICATION FOR SERVICE NEW CONNECTIONS
(1)
Application for making a new connection shall be made in writing,
and must be signed by the owner of the property or his authorized
agent.
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(2)
Upon receipt of an application for connection for a service of up to
1.90 centimetres (3/4 inch) size with the required fee of $600.00,
the service from the main to the lot line shall be laid as soon as
possible.
(3)
Any connection which is in frozen ground as determined by the
Clerk, the connection charge shall be an amount equal to the cost
of the water connection including all materials, labour, equipment
and overhead. The estimated cost of the connection as determined
by the Clerk shall be tendered with the application. At the
completion of the work the Clerk shall certify the actual costs and
any refund to which the owner is entitled shall be paid forthwith,
and any excess of the actual costs over the estimated costs shall
be paid within thirty days (30) days. Any amount remaining unpaid
on the 31st day of December shall be added to the real property tax
roll in respect of that real property as taxes in arrears.
(4)
Where an applicant applies for a water service connection and the
installation of such a connection requires the removal and
replacement of asphalt and other hard surface road materials, the
applicant shall be required to pay for the removal and replacement
of such hard surface. Payment to be in an amount equal to the
expenditure made by the municipality for the removal and
replacement of the aforesaid hard surface.
4.
SERVICE PIPES
(1)
Before any person shall install or construct any water service, or
commence doing any construction work in relation to or in
connection with such service, he shall notify the Clerk in
specification which shall show;
(a) the purpose for which the water is to be used, the size of pipes
and the number of outlets in connection with such an installation;
(b) a description of the materials which the applicant proposed to
use in connection with such installation or construction.
(2)
The installation of service pipes shall be the responsibility of the
property-owner but shall conform to specifications approved by the
Clerk.
(3)
All underground pipes on any premises shall be placed below the
frost line, and in no case, not less than 1.828 meters (6 feet) below
the surface of the ground.
(4)
it shall be the duty of every consumer to provide that all taps,
fittings and other things connected with the service within the
premises are in good order and installed and connected in
accordance with the provisions of the building and plumbing by-
laws.
(5)
Every premise shall have a properly placed stop and waste cock at
every property line and shut off valve at the main line.
(6)
When the owner's service pipe plans and water connection
application have been approved he may proceed with the
installation of the service pipes.
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When the service pipes have been installed, but before the
excavation is backfilled, the Clerk shall be notified that such work is
ready for inspection and he shall make such inspection within two
days thereafter, excluding Sundays and Holidays.
(7)
The backfilling of the service pipes shall not be commenced until
the Clerk has signified in writing that he is satisfied that the
materials and workmanship employed are to his satisfaction and
that the pertinent sections of this and other by-laws have been
adhered to.
(8)
The Clerk or any other officer or employee of the municipality shall
refuse to turn on water to any premises not complying with this
section.
(9)
(a)
In the event of leakage, freezing or other conditions which
causes the interruption of supply in the service pipe, repairs shall
be the responsibility of the consumer. If the consumer feels that
such conditions are present in the municipality's connection pipe,
and not in the consumer's service pipe, he shall deposit with the
municipality a sum of money equal to the Clerk's estimate of the
cost of excavation and backfilling required.
(b)
In the event the municipality's connection pipe is faulty and is
the cause of the consumer's complaint, the municipality shall repair
such faults and return the deposit to the consumer. If there is no
fault found in the municipalities connection pipe, the consumer shall
forfeit that portion of the deposit in the amount equal to the actual
cost of the work, any surplus being returned to the consumer. The
consumer shall have the right to inspect the site of the excavation
by the municipality and satisfy himself as to the condition of the
connection pipe.
(10)
Every consumer shall provide for each service to his premises a
pressure-reducing valve in the event the water pressure in the main
serving his premises shall be or become so great as may cause
damage.
5.
RATES
(1)
There is hereby imposed and levied a water user rate upon all
users of water supplies by the municipal water utility.
(2)
The Clerk shall classify each consumer in accordance with the
categories set out in Schedule "A", attached to and forming part of
this by-law, and the consumer is liable for the
appropriate rate.
(3)
(a)
The user rate shall be due and payable annually at the office
of the collector, Municipal Office as follows:
(b)
The water rental payable under schedule "A" of the by-law
shall be levied annually on the second of July.
(c)
Any charge remaining unpaid on the thirty-first day of
December shall be deemed to be taxes in arrears in respect of the
property and shall forthwith be entered on the real property tax roll
by the Collector as taxes in arrears.
(d)
A new consumer shall be charged with the full monthly rate if
his application is received on or before the 15th day of the month,
otherwise he shall be charged one-half of the monthly charge.
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(e)
A rebate may be allowed if a consumer gives notice in
writing in advance that he is leaving the premises. Such rebate
shall be limited to the remaining full monthly rates which have been
paid.
(4)
(a)
No contractor, builder or other person shall use for building
purposes of any kind any water from any pipe or main of the
waterworks or from any other consumer without the written
approval of the Clerk.
(b)
Applications for such service shall be made in the manner
prescribed in section 3 of this by-law and the user shall agree to
pay the rates applicable, the connection fee if one is required and
to properly protect the supply pipes, meter and other facilities of the
waterworks.
(5)
(a)
No person, except an employee of the municipality in the
course of his employment, or a member of the municipal fire
department on duty, shall without written authority of the Clerk,
open any hydrant, standpipe or valve or use any water therefrom.
Such authority shall reserve to the municipality the right to stop
such use at any time for any reason without liability for damages
resulting therefrom in any manner whatsoever.
(b)
Every person who receives such authority shall deposit with
the Clerk a cash bond of fifty dollars ($50.00) and the municipality
may deduct from such bond whatever charges shall be payable to
the municipality in its reasonable discretion for the use of the water
and from damages to the main, hydrant, standpipe or valve.
(c)
Every person who uses water from any hydrant or standpipe
shall pay to the municipality on demand the minimum charge of
Twenty Dollars ($20.00) or the sum of Ten Dollars ($10.00) per
consecutive days for such use or any part thereof, whichever sum
shall be the greater.
6.
REGULATIONS
(1)
No person shall destroy, injure or tamper with any hydrant, or other
fixture of the waterworks, and no person shall in any manner
interfere or meddle with the water connection or works in any
street, or make any additions or alterations to the water system or
any connection, or turn on or off any corporation stop-cock, service
valve or gate-valve without express approval of the Clerk.
(2)
No person shall sell or dispose of water from the municipal water
system, or give it away to any person or persons, whomsoever, or
use or supply it to the use of benefit of others.
(3)
No connection or cross connection between the municipal water
system and any other water system or source of water supply shall
be permitted, "after adoption of this by-law."
(4)
No person shall obstruct at any time or in any manner the access to
any hydrant, valve, stop-cock or other fixture connected with the
works, and should any person obstruct such access the Clerk or
any other employee or servant of the municipality may, by his
order, remove such obstruction and the expense of such removal
shall be charged to and paid by the person so offending, and on
non-payment thereof, on demand, the municipality may recover the
said expense in a Court of Competent Jurisdiction.
-5-
(5)
No person shall obstruct or prevent the Clerk or any person
authorized by him from carrying out any or all of the provisions of
this by-law, nor shall any person refuse to grant the Clerk or any
person authorized by him, permission to inspect any water service
work at any reasonable time.
7.
ADMINISTRATION
(1)
The Clerk is hereby authorized and directed to have a general
supervision over the municipal waterworks system and to see that
the provisions of this by-law are carried out.
(2)
The Clerk shall have the power, subject to the consent of the
Council, to appoint assistants and inspectors for the purpose of
effectively carrying out the provisions of this by-law, and wherever
the Clerk is authorized or directed to perform any act or duty under
this by-law, such act or duty may be performed by any inspector or
employee authorized by the Clerk to perform such act or duty.
(3)
Nothing contained in this by-law shall be constructed to impose any
liability on the municipality to service any person or premises or to
give a continuous supply of water to any person or premises.
(4)
The Municipality shall not be liable for the failure of the water
supply in consequence of any accident or damage to the works, or
to excessive pressure or lack of pressure, or any temporary
stoppage thereof on account of alterations or repairs, whether such
failure arises from the negligence of any person in the employment
of the municipality or other person whomsoever, or through natural
deterioration or obsolescence of the municipality's system or
otherwise, howsoever; but in the event of such failure or stoppage
continuing for more than five consecutive days, an equitable
reduction shall be made on all rates or services affected thereby.
(5)
The Municipality may, without notice, disconnect the water service
to any premises for any of the following reasons, and the
municipality shall not be liable for damages by reason of
discontinuing water service for such reasons:
(a)
unnecessary or wasteful use of water, or violation of
regulations concerning watering or sprinkling;
(b)
non-payment of rates;
(c)
failure to replace or repair defective pipes,
fittings, valves, tanks or appliances which are leaking or are
otherwise not in a good state of repair and which are or may
become a cause of waste of water;
(d)
for repairs;
(e)
for want of supplies;
(f)
for employing any pump, booster or other device for the
purpose of, or having the effects of, increasing water
pressure in service lines, without obtaining the approval of
Council;
(6)
The Council may in its discretion, whenever the public interest so
requires, suspend or limit the consumption of water from the
municipal water system, or may regulate the hours of use, or may
further prescribe the manner in which such water may be used.
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8.
OFFENSES
Any person who violates any provisions of this by-law shall be
deemed to have committed an offence and is punishable in
accordance with the offence act; and each day on which the
violation occurs shall be considered a separate offence.
9.
CITATION
This by-law may be cited as the "Water Rates and Regulation by-
law No. 227, 1992."
10.
By-law 186, (1988) is hereby repealed.
READ A FIRST TIME THIS 19th DAY OF OCTOBER
, 1992.
READ A SECOND TIME THIS 19TH
DAY OF OCTOBER
, 1992.
READ A THIRD TIME THIS 19TH
DAY OF OCTOBER
, 1992.
RECONSIDERED AND ADOPTED THIS 2ND DAY OF NOVEMBER
,
1992.
MAYOR
CLERK
I hereby certify this to be a true
and correct copy of by-law 227 (1992)
Water Rates and Regulations.
R.J. Hatton
Administrator
VILLAGE OF MIDWAY
BY-LAW NO. 227
SCHEDULE 'A'
This Schedule "A" will apply to the area within the Boundary of the Village of Midway.
RESIDENTIAL
Flat Rate of
$10.00 per month
COMMERCIAL - MONTHLY CHARGE
Apartment buildings, or blocks or units per
dwelling unit, rented or empty
$10.00
Medical Clinic
$25.00
Auto Courts, Motels, per dwelling unit
rented or empty
$10.00
Barber Shops
$15.00
Beauty Salons
$15.00
Butcher Shops
$15.00
Cafe, Coffee Shop, Dining Room
$35.00
Dentist
$15.00
Dry Cleaners
$35.00
Florists & Greenhouses
$15.00
Hotels
$40.00
Poolroom
$15.00
Public Garages & Service Stations
$15.00
Stores, Offices, Office Building
$10.00
Public Halls, Clubs, Theatres
$25.00
Bakery
$15.00
Building Contractor
$15.00
Curling Clubs
$25.00
Arena
$30.00
INDUSTRIAL - MONTHLY CHARGE
Laundries and small industrial users
$100.00
Car Wash
$120.00
SCHEDULE 'B'
ATTACHED TO AND FORMING PART
OF BY-LAW NO. 227
APPLICATION FOR THE SUPPLY OF
WATER FROM THE
VILLAGE OF MIDWAY
I/WE
owner/agent of owners, hereby make application for the supply of water to Legal
Description of Property to be Serviced:
and agree to abide by the terms and conditions as established by By-law 227 and
amendments thereto, regulating the supply and use of the water utility of the
municipality.
Date l9 .
Signature of Owner/Agent
Administration:
Connection Fee $ Date
Receipt
PUBLIC WORKS - PART 2 - (ENSURE SECTIONS OF BY-LAW 227
COMPLIED WITH)
(a)
Date Connection Completed main to property line.____________
(b)
Cost of Work
(c)
Date Work Completed on property of Applicant
(d)
Inspection of connection completed
Date
approved/not approved.
(e)
Water Connection Card with details completed_______________
Date
_____________________________
Inspectors Signature
Distribution:
Completed copy with all details to be submitted to Municipal Clerk - (NOTE) This copy
to be returned within one month.
Administration - Water User Card completed ______________________
Date
- Billings to commence
_______________________
Date
________________________
SIGNATURE