92-2022 MacGregor Water and Sewer Rates

Municipality of North Norfolk, Manitoba

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MUNICIPALITY OF NORTH NORFOLK BY-LAW NO. 92/2022 MACGREGOR WATER AND WASTEWATER UTILITY WATER & WASTEWATER UTILITY RATES BEING a By-law of the Municipality of North Norfolk to establish new water and wastewater rates for the MacGregor Utility. WHEREAS the Municipality of North Norfolk owns and operates the MacGregor water and wastewater utility within the limits of the Municipality; AND WHEREAS The Municipal Act, S.M. 1996, C58, states in part: 232(1) A Council may pass by-laws for municipal purposes respecting the following matters: (l) public utilities: 232(2) Without limiting the generality of subsection (1), a council may in a by- law passed under this Division (d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality; 250(2) Without limiting the generality of subsection (1), a municipality may for municipal purposes do the following: (c) acquire, establish, maintain and operate services, facilities and utilities; 252(1) A municipality exercising powers in the nature of those referred to in clauses 250(2)(b),(c) and (e) may set terms and conditions in respect of users, including (a) setting the rates or amounts of deposits, fees and other charges, and charging and collecting them; (b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and (c) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions. 252(2) A charge referred to in clause (1)(a) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act." AND WHEREAS it is deemed advisable to provide rates for August 1, 2023, and February 1, 2024, 2025, 2026 and thereafter to be paid by persons to whom water and wastewater services are supplied by the MacGregor Utility and to provide for the collection thereof; NOW THEREFORE the Council of The Municipality of North Norfolk, in session duly assembled hereby enacts as follows: 1. THAT all accounts for minimum quarterly charges for metered services for the MacGregor Utility as set forth in the Schedule of Quarterly Rates shall be billed quarterly. Consumers shall pay for water and wastewater service supplied to them by the MacGregor Utility within the Municipality of North Norfolk at the rates and terms set out in Schedule "A" attached hereto and forming part of this by-law. 2. THAT the Municipality of North Norfolk reserves the right to discontinue the supply of water for fountains, jets, hoses, and sprinklers, or to limit the hours for use of the same, whenever, at the discretion of Council it is in the best interests of the public to do so. By-Law 92/2022 Page 2 of 9 3. THAT no person, other than the Fire Chief or someone acting on their behalf, or a representative of the Municipality duly authorized in writing by the Municipality Chief Administrative Officer, shall open or use any fire hydrant, either for construction purposes, street cleaning, or any other purpose. 4. THAT the meter shut off valve inside premises serviced with water by the Municipality, shall be readily accessible and not used by the owner except for the protection of the premises. No person shall tamper with the meter or cause the water supply to bypass the meter. All pipes and valves inside the premises shall be kept in good repair by the owner or occupant. Any damage through neglect or otherwise, by a contractor for the owner or occupant, to the water service pipes from the street to the premises including the meter shall be the responsibility of the owner or occupant. 5. THAT no reduction of minimum rates will be made because of the stoppage of water supply due to frozen service lines or frozen pipes inside the premises of the owner of the property. 6. THAT no person shall wilfully or maliciously hinder or cause to hinder the Municipality or its representative in the exercise of their duties in relation to the operation and maintenance of the water or wastewater system. 7. THAT any person violating any provision of this by-law shall: a. be guilty of an offence and, upon conviction, liable to a fine not exceeding one thousand ($1,000) and costs for each violation; b. be liable to the Municipality of North Norfolk for any expense, loss or damage suffered by the Municipality as a result of the violation; c. be liable for the repairs and costs of the repairs to the system as a result of the violation. If that person is in default of effecting the repairs, the Municipality may effect the repairs and charge the cost thereof to that persons, or add the cost to property taxes and collect those property taxes in the same manner as other property taxes. 8. THAT this by-law and rates for August 1, 2023, February 1, 2024, February 1, 2025, February 1, 2026, and thereafter, shall come into force and be effective on, from and after both approval of the Public Utilities Board of Manitoba and receipt of third and final reading thereof. 9. THAT By-law No. 775-12 and its amendments are hereby repealed as of August 1, 2023 and upon final approval of this By-law by the Public Utilities Board of Manitoba. PASSED AND ENACTED as a by-law of the Municipality of North Norfolk, in Council duly assembled in MacGregor, in the Province of Manitoba this day of 2023. _____________________________ Head of Council _____________________________ Chief Administrative Officer READ a First time this 10th day of August , 2022. READ a Second time this 12th day of July , 2023. READ a Third time and PASSED this 12th day of July , 2023. By-Law 92/2022 Page 3 of 9 MUNICIPALITY OF NORTH NORFOLK MACGREGOR WATER AND WASTEWATER UTILITY BY-LAW NO. 92-2022 WATER & WASTEWATER UTILITY RATES AMENDED SCHEDULE "A" SCHEDULE OF QUARTERLY RATES 1. Schedule of Commodity Rates & Quarterly Service Charge August 1, 2023 Quarterly Service Charge $9.09 Quarterly Rates Water Wastewater Water & Wastewater Per Cubic Meter $3.75 $1.94 $5.69 2. Minimum Charges per Quarter Notwithstanding the rates set forth in paragraph 1, all customers will pay the applicable minimum charges per quarter set out below, which includes the water allowance as listed. a. Water & Wastewater Customers Meter Size Group Capacity Ratio Water Included Cubic Meters Customer Service Charge Water Commodity Charge Wastewater Commodity Charge Water & Wastewater Total Quarterly Minimum 5/8 inch 1 14 9.09 $ 52.50 $ 27.16 $ 88.75 $ 3/4 inch 2 28 9.09 $ 105.00 $ 54.32 $ 168.41 $ 1 inch 4 56 9.09 $ 210.00 $ 108.64 $ 327.73 $ 1 1/2 inch 10 140 9.09 $ 525.00 $ 271.60 $ 805.69 $ 2 inch 25 350 9.09 $ 1,312.50 $ 679.00 $ 2,000.59 $ b. Water Only for Residential Customers The minimum charge will be the same for each meter size as shown above but the Wastewater Commodity Charge will be excluded. 3. Bulk Water Sales All water sold in bulk by the MacGregor Utility will be charged at the rate of $17.66 per 1,000 gallons. By-Law 92/2022 Page 4 of 9 1. Schedule of Commodity Rates & Quarterly Service Charge February 1, 2024 Quarterly Service Charge $9.40 Quarterly Rates Water Wastewater Water & Wastewater Per Cubic Meter $3.86 $2.00 $5.86 2. Minimum Charges per Quarter Notwithstanding the rates set forth in paragraph 1, all customers will pay the applicable minimum charges per quarter set out below, which includes the water allowance as listed. a. Water & Wastewater Customers Meter Size Group Capacity Ratio Water Included Cubic Meters Customer Service Charge Water Commodity Charge Wastewater Commodity Charge Water & Wastewater Total Quarterly Minimum 5/8 inch 1 14 9.40 $ 54.04 $ 28.00 $ 91.44 $ 3/4 inch 2 28 9.40 $ 108.08 $ 56.00 $ 173.48 $ 1 inch 4 56 9.40 $ 216.16 $ 112.00 $ 337.56 $ 1 1/2 inch 10 140 9.40 $ 540.40 $ 280.00 $ 829.80 $ 2 inch 25 350 9.40 $ 1,351.00 $ 700.00 $ 2,060.40 $ b. Water Only for Residential Customers The minimum charge will be the same for each meter size as shown above but the Wastewater Commodity Charge will be excluded. 3. Bulk Water Sales All water sold in bulk by the MacGregor Utility will be charged at the rate of $18.25 per 1,000 gallons. By-Law 92/2022 Page 5 of 9 1. Schedule of Commodity Rates & Quarterly Service Charge February 1, 2025 Quarterly Service Charge $9.71 Quarterly Rates Water Wastewater Water & Wastewater Per Cubic Meter $3.97 $1.95 $5.92 2. Minimum Charges per Quarter Notwithstanding the rates set forth in paragraph 1, all customers will pay the applicable minimum charges per quarter set out below, which includes the water allowance as listed. a. Water & Wastewater Customers Meter Size Group Capacity Ratio Water Included Cubic Meters Customer Service Charge Water Commodity Charge Wastewater Commodity Charge Water & Wastewater Total Quarterly Minimum 5/8 inch 1 14 9.71 $ 55.58 $ 27.30 $ 92.59 $ 3/4 inch 2 28 9.71 $ 111.16 $ 54.60 $ 175.47 $ 1 inch 4 56 9.71 $ 222.32 $ 109.20 $ 341.23 $ 1 1/2 inch 10 140 9.71 $ 555.80 $ 273.00 $ 838.51 $ 2 inch 25 350 9.71 $ 1,389.50 $ 682.50 $ 2,081.71 $ b. Water Only for Residential Customers The minimum charge will be the same for each meter size as shown above but the Wastewater Commodity Charge will be excluded. 3. Bulk Water Sales All water sold in bulk by the MacGregor Utility will be charged at the rate of $19.75 per 1,000 gallons. By-Law 92/2022 Page 6 of 9 1. Schedule of Commodity Rates & Quarterly Service Charge February 1, 2026 Quarterly Service Charge $10.03 Quarterly Rates Water Wastewater Water & Wastewater Per Cubic Meter $4.06 $2.02 $6.08 2. Minimum Charges per Quarter Notwithstanding the rates set forth in paragraph 1, all customers will pay the applicable minimum charges per quarter set out below, which includes the water allowance as listed. a. Water & Wastewater Customers Meter Size Group Capacity Ratio Water Included Cubic Meters Customer Service Charge Water Commodity Charge Wastewater Commodity Charge Water & Wastewater Total Quarterly Minimum 5/8 inch 1 14 10.03 $ 56.84 $ 28.28 $ 95.15 $ 3/4 inch 2 28 10.03 $ 113.68 $ 56.56 $ 180.27 $ 1 inch 4 56 10.03 $ 227.36 $ 113.12 $ 350.51 $ 1 1/2 inch 10 140 10.03 $ 568.40 $ 282.80 $ 861.23 $ 2 inch 25 350 10.03 $ 1,421.00 $ 707.00 $ 2,138.03 $ b. Water Only for Residential Customers The minimum charge will be the same for each meter size as shown above but the Wastewater Commodity Charge will be excluded. 3. Bulk Water Sales All water sold in bulk by the MacGregor Utility will be charged at the rate of $21.50 per 1,000 gallons. By-Law 92/2022 Page 7 of 9 The following clauses take effect August 1, 2023: 4. Service To Customers Outside Utility's Limits The Council of the Municipality of North Norfolk may sign Agreements with customers for the provision of water and wastewater services to properties located outside the boundaries of the municipality. Such Agreements shall provide for payment of the appropriate rates set out in the Schedule, as well as a surcharge, set by Resolution of Council, which shall be equivalent to the frontage levy, general taxes, and special taxes for the Utility purposes in effect at the time or may be in effect from time to time, and which would be levied on the property concerned if it were within boundaries of the municipality. In addition, all costs of connecting to the Utility's mains, and installing and maintaining service connections, will be paid by the customer. 5. Billings And Penalties Accounts shall be billed quarterly and the due date shall be at least 20 days after the mailing of the bills. A late payment charge of 1.25% per month shall be charged on the dollar amount owing after the billing due date. 6. Disconnection at Customer Request The Public Utilities Board has approved the Conditions Precedent to be followed by the Municipality with respect to disconnection of service for non-payment including such matters as notice and the right to appeal such action to The Public Utilities Board. A copy of the conditions precedent is available for inspection at the Municipality's office. 7. Disconnection / Reconnection at Customer Request Any request for the reconnection of service, whether due to non-payment of account or for any other reason(s) mutually agreed to by the customer and the Municipality (ie. repairs necessitated by negligence of the customer, changes in tenant, vacancy for an extended period of time, etc.), or the disconnection of service not related to non-payment, shall not be completed until a fee of $50.00 and all arrears and penalties, if any, have been paid. 8. Outstanding Bills Pursuant to Section 252(2) of The Municipal Act, the amount of all outstanding charges for water and wastewater services are a lien and charge upon the land serviced, and shall be collected in the same manner in which ordinary taxes upon the land are collectible, and with like remedies. Where charges and penalties pursuant to this by-law are not paid within sixty (60) days from the date when they were incurred, said charges and penalties shall be added to the taxes on the property and collected in the same manner as other taxes. 9. Hydrant Charges The Municipality of North Norfolk will pay to the utility an annual rental of $165.00 for each hydrant connected to the system. 10. Wastewater Surcharges a) There may be levied annually, in addition to the rates set forth above, a special surcharge on wastewater having a Biochemical Oxygen Demand in excess of 300 parts per million, to be set by Resolution of Council. b) A special surcharge for substances requiring special treatment shall be charged based on the actual costs of treatment required for the particular wastewater or industrial waste. By-Law 92/2022 Page 8 of 9 11. Meter Testing Any customer wishing to have a meter tested for accuracy will pay in advance a fee of $50, plus any applicable meter testing costs. In the event that the meter tests prove that the meter is recording water flows in excess of actual flows, the meter testing fee and associated costs will be refunded to the customer, and the customer's account will be reviewed and adjusted accordingly. 12. Meter Tampering Where there is evidence of meter tampering, a minimum charge of $500 will be applied to the customer's account in addition to an amount calculated to adjust for the tampering based on historical usage. 13. Cross Connections No customer or person shall connect, cause to be connected or allow to remain connected any piping, fixture, fitting, container or appliance in a manner which under any circumstances may allow water, wastewater or any harmful liquid or substance to enter the Municipality's water system. If a condition is found to exist which, in the opinion of the Municipality, is contrary to the aforesaid, the Municipality may either: Shut off the service or services; or Give notice to the customer to correct the fault at his or her own expense within a specified time period. 14. Wastewater Tipping Fees Each septic truck company shall pay the MacGregor Utility an annual fee of $500 per year to access the MacGregor wastewater lagoon to dump wastewater collected from properties in North Norfolk only. By-Law 92/2022 Page 9 of 9 15. Conditions of Disrepair In the event that there are conditions of disrepair in the wastewater and water works on a property that detrimentally affects the system as a whole and, upon the failure of the owner of the property to correct the condition within a reasonable time, the Municipality, or its agents, may enter the property, effect repairs and charge the cost thereof against the subject property as ordinary taxes. 16. Authorization For Officer To Enter Upon Premises The Public Works Manager, or other employee authorized by the Municipality in the absence of the Public Works Manager, shall be authorized to enter upon any premise for the purpose of: Affixing to any pipe, wire or apparatus connected with any such utility, a meter or any other measuring or testing device; or taking readings from, repairing, inspecting or removing any meter or apparatus belonging to the Municipality.