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BL 745-14
TOWN OF NIVERVILLE
BY-LAW No. 745-14
BEING A BY-LAW OF THE TOWN OF NIVERVILLE
TO ESTABLISH WATER RATES
WHEREAS The Town of Niverville has undertaken a water rate study that indicates water
rates require an increase;
And WHEREAS Section 232 (1) and (2) of the “Municipal Act”, S.M. 1996, c. 58,
provides in part as follows:
232(1) A council may pass by-laws for municipal purposes respecting the following
matters:
(1) 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;
AND WHEREAS it is deemed advisable to provide rates effective July 1, 2016 and
thereafter to be paid by persons to whom water is supplied by the Town and to provide for
the collection thereof;
NOW THEREFORE THE COUNCIL OF THE TOWN OF NIVERVILLE IN SESSION
DULY ASSEMBLED, HEREBY ENACTS A BY-LAW AS FOLLOWS:
THAT consumers shall pay for water services supplied to them at the rates and under the
terms set out in Schedule “A” attached hereto and forming part of this by-law. Connected
customers shall be billed quarterly charges for metered services as set forth in Schedule “A”.
THAT the Town of Niverville 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.
THAT no person, other than the Fire Chief or someone acting on his/her behalf, or a
representative of the Town, unless duly authorized in writing by the Chief Administrative
Officer, shall open or use any fire hydrant, either for construction purposes, street cleaning,
or any other purpose.
THAT the meter shut off valve inside premises serviced with water by the Town, 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 or 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.
THAT no person shall wilfully or maliciously hinder or cause to hinder the Town or its’
representative in the exercise of their duties in relation to the operation and maintenance of
the water or sewer system.
THAT any person violating any provision of this by-law shall:
a) be guilty of an offence and, upon conviction, be liable to a fine not exceeding five
hundred dollars ($500) and;
b) be liable to the Town of Niverville for any expense, loss or damage suffered by the
Town 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 affecting the repairs, the Town may affect the repairs and
charge the cost thereof to those persons, or add the cost to property taxes and collect
those property taxes in the same manner as other property taxes.
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BL 745-14
This by-law and rates effective July 1, 2016 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.
That By-law No 723-13 be repealed as of July 1, 2016 upon final approval of this By-law by
the Public Utilities Board of Manitoba. .
PASSED AND ENACTED BY THE TOWN OF NIVERVILLE IN COUNCIL DULY
ASSEMBLED THIS 17" day of May, 2016.
Mayor
Town Manage
Read a first time this 2" day of December, 2014
Read a second time this 17" day of May, 2016
Read a third time this 17" day of May, 2016
Certified a true copy of By-Law No. 745-14
of the Town of Niverville, given third reading
on the 17" day of May, 2016.
Town Manager
BL 745-14
TOWN OF NIVERVILLE
WATER RATES BY-LAW NO. 745-14
SCHEDULE "A"
SCHEDULE OF QUARTERLY RATES July 1, 2016
1. Rates per 1,000 Gallons
1,000 Gallons per quarter
Water $10.54
2. Minimum Charges per Quarter
Notwithstanding the rates set forth in paragraph 1, all customers will pay the
applicable minimum charges set out below, which includes the water
allowance as listed.
Group Water Included Customer Waiter Water
Capacity Thousands of Service Commodity Total Quarterly
Meter Size Ratio Gallons Charge Charge Minimum
5/8 inch 1 3,000 $7.37 $31.62 $38.99
3/4 inch 2 6,000 $7.37 $63.24 $70.61
1 inch 4 12,000 $7.37 $126.48 $133.85
1% inch 10 30,000 $7.37 $316.20 $323.57
2 inch 25 75,000 $7.37 $790.50 $797.87
3 inch 45 135,000 $7.37 $1,422.90 $1,430.27
SCHEDULE OF QUARTERLY RATES July 1, 2017
1, Rates per 1,000 Gallons
1,000 Gallons per quarter
Water $10.86
2. Minimum Charges per Quarter
Notwithstanding the rates set forth in paragraph 1, all customers will pay the
applicable minimum charges set out below, which includes the water
allowance as listed.
Group Water Included Customer Water Water
Capacity Thousands of Service Commodity Total Quarterly
Meter Size Ratio Gallons Charge Charge Minimum
5/8 inch 1 3,000 $7.37 $32.58 $39.95
3/4 inch 2 6,000 $7.37 $65.16 $72.53
1 inch 4 12,000 $7.37 $130.32 $137.69
1% inch 10 30,000 $7.37 $325.80 $333.17
2 inch 25 75,000 $7.37 $814.50 $821.87
3 inch 45 135,000 $7.37 $1,466.10 $1,473.47
SCHEDULE OF QUARTERLY RATES July 1, 2018
1. Rates per 1,000 Gallons
1,000 Gallons per quarter
Water $11.18
2. Minimum Charges per Quarter
Notwithstanding the rates set forth in paragraph 1, all customers will pay the
applicable minimum charges set out below, which includes the water
allowance as listed.
Group Water Included Customer Water Water
Capacity Thousands of Service Commodity Total Quarterly
Meter Size Ratio Gallons Charge Charge Minimum ‘
5/8 inch i 3,000 $7.37 $33.54 $40.91
3/4 inch 2 6,000 $7.37 $67.08 $74.45
I inch 4 12,000 $7.37 $134.16 $141.53
1% inch 10 30,000 $7.37 $335.40 $342.77
2 inch 25 75,000 $7.37 $838.50 $845.87
3 inch 45 135,000 $7.37 $1,509.30 $1,516.67
Schedule A~ Page | of 3
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BL 745-14
. Billings and Penalties
Accounts shall be billed quarterly based on water used. A late payment
penalty charge of 1 “4% monthly shall be charged on the dollar amount owing
after the billing due date. The due date will be up to thirty (30) days after the
mailing of the bills.
Outstanding Bills
Pursuant to Section 252(2) of the Municipal Act, the amount of all outstanding
charges for water services, including fines and penalties, 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, the Finance Officer may add said
charges and penalties to the taxes on the property and collect them in the same
manner as other taxes.
Disconnections
The Public Utilities Board has approved the Conditions Precedent to be
followed by the Town with respect to the 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 Town office.
Reconnection
Any service disconnected due to non-payment of account shall not be
reconnected until all arrears, penalties and a reconnection fee of $40.00 have
been paid.
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 the meter
tests prove that the meter is recording water flows more than 3% 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.
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.
Hydrant Rentals
The Town will pay to the Utility an annual rental of $100.00 for each hydrant
connected to the system which includes the cost of water.
Water Allowance due to Line Freezing
That in any case where at the request of the Council, a customer allows water
to run continuously for any period of time to prevent the water lines in the
water system from freezing, the charge to that customer for the current quarter
shall be the average _ of the billings for the last three previous quarters to
the same customer, or the same premises if the occupant has changed.
Schedule A — Page 2 of 3
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BL 745-14
Service to Customers outside Town of Niverville Limits
The Town of Niverville may sign agreements with customers for the provision
of water services to properties located outside the legal boundaries of the
Town. 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
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 these
boundaries. In addition, all costs of connection to the Water Utility’s mains
and installing and maintaining service connections will be paid by the
customer.
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 Town’s water system.
Ifa condition is found to exist, which in the opinion of the Town, is contrary
to the aforesaid, the Town 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.
Authorization for Officer to Enter Upon Premises
The Public Works Manager, or other employee authorized by the Town 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 Town.
Schedule A ~ Page 3 of 3