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RURAL MUNICIPALITY
OF ELTON
BY-LAWN0.1643
BEING A BY-LAW
OF THE RURAL MUNICIPALITY
OF ELTON TO ESTABLISH
WATER
AND WASTEWATER
RATES FOR THE FORREST UTILITY
WHEREAS
the Rural Municipality
of Elton owns and operates the Forrest Water and Wastewater
Utility;
AND WHEREAS The Rural Municipality
of Elton has undertaken
a water and wastewater
rate
study for the Forrest Utility
that indicates water and wastewater
rates require to be increased;
AJSJD WHEREAS
Section 232 (1) and (2) and 252 (1) 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;
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;
AJSJD WHEREAS
it is deemed advisable to provide rates for July 1, 2022, and January 1, 2023,
2024 and 2025 and thereafter to be paid by persons to whom water and wastewater
collection
is
supplied by the Forrest Utility
and to provide for the collection
thereo'J;
NOW
THEREFORE
THE COUNCIL
OF THE RURAL
MUNICIPALITY
OF ELTON
IN
SESSION
DULY
ASSEMBLED,
HEREBY
ENACTS
A BY-LAW
AS FOLLOWS:
1) THAT
all accounts for minimum
quarterly
charges for metered services for the Forrest 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 Utility
at the rates and terms set out in Schedule "A"
attached hereto and forming
part of this by-law.
2) THAT The Rural Municipality
of Elton 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.
3) THAT
the meter shut off valve inside premises serviced with water by Forrest Utility,
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.
4) THAT
no person shall wilfully
or maliciously
hinder or cause to hinder The Rural Municipality
of
Elton or its representative
in the exercise of their duties in relation to the operation
and maintenance
of the water or wastewater
system.
5) 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
dollars ($1,000) and costs for each violation;
b) be liable to The Rural Municipality
of Elton 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 affect 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.
6) This by-law and rates for July 1, 2022, and January 1, 2023, 2024 and 2025 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.
7) That By-law
#1501 of the Rural Municipality
of Elton be repealed as of July 1, 2022, and upon final
approval of this By-law
by the Public Utilities
Board of Manitoba.
PASSED
AND
ENACTED
BY THE RURAJ,
MUNICIPALrIY
OF ELTON
IN COUNCIL
DULY
ASSEMBLED
THIS 9"' DAY
OF JUNE- 2022.
Read a first time this 7'h day of April,
2021.
Read a second time this 9'h day of June, 2022.
Read a third time 9'h day of June, 2022.
RURAL
MUNICIP
ALITY
OF ELTON
SCHEDULE
"A"-BY-LAW
NO.
SCHEDULE
OF QUARTERLY
RATES
1.
Schedule
of Commodity
Rates &
July
1, 2022
0uaiterly
Service
Charge
Rates per 1,000
Gallons
1,000
Gallons
per quarter
Water
$15.65
Wastewater
$5.19
Water
& Wastewater
$20.84
Quarterly
Service
Charge
2.
Minimum
Charges per 0uarter
$23.87
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
Group
Water
Capacity
Included
Ratio
Gallons
Size
Meter
Customer
Service
Cliarge
5/8 inch
3,000
$23.87
3/4 incli
2
6,000
$23.87
1 inch
4
12,000
$23.87
1 !/i inch
10
30,000
$23.87
Water
Commodity
Charge
$46.95
$93.90
$187.80
$469.50
2 inch
25
75,000
$23.87
$1,173.75
b)
Water
Only
Customers
Wastewater
Water & Wastewater
Comt'nodity
Total Quarterly
Cliarge
Minimum
$15.57
$86.39
$31.14
$148.91
$62.28
$273.95
$155.70
$649.07
$389.25
$1,586.87
The minimum
charge will be the same for each meter size as shown
above but the
Wastewater
Commodity
Charge
will be excluded.
c)
Wastewater
Only
Customers
The Wastewater
only charge is the Wastewater
Commodity
Rate based on quarterly
consumption
of 9,000 gallons
plus the quarterly
customer
service
charge. The quarterly
charge
for wastewater
only customers
is (9 x $5.19) + $23.87 = $70.58.
d)
Bulk
Water
All water
sold in bulk
shall be charged
for at a rate of $16.75
per 1,000 gallons
on a pro
rated basis for all quantities
of water
greater
than 500 gallons.
1.
Scliedule
of Commodity
Rates &
.Tanuary
1, 2023
0uarterly
Service
Cliarge
Rates per 1,000
Gallons
Quarterly
Service
Charge
2.
Minimum
Cliarges
per 0uarter
1,000
Gallons
per quarter
Water
$17.30
Wastewater
$6.28
Water
& Wastewater
$23.58
$20.94
Notwitlistanding
the rates set forth
in paragraph
1, all customers
will
pay tlie applicable
minimum
cliarges
per quarter
set out below,
which
includes
the water
allowance
as listed.
Meter
a)
Water
& Wastewater
Customers
Group
Water
Capacity
Included
Ratio
Gallons
1
3,000
2
6,000
12,000
3 0,000
75,000
Customer
Service
Size
Charge
5/8 inch
3/4 inch
1 inch
4
l H inch
10
2 inch
25
b)
Water
Only
Customers
Water
Commodity
$20.94
$20.94
$20.94
$20.94
$20.94
Charge
$51.90
$103.80
$207.60
$519.00
$1,297.50
Wastewater
Water
& Wastewater
Commodity
Total Quarterly
Charge
Minimum
$18.84
$91.68
$37.68
$162.42
$75.36
$303.90
$188.40
$728.34
$471.00
$1,789.44
The minimum
charge
will be the same for each meter size as shown
above but the
Wastewater
Commodity
Charge
will be excluded.
c)
Wastewater
Only
Customers
The Wastewater
only charge
is the Wastewater
Commodity
Rate based on quarterly
consumption
of 9,000 gallons
plus the quarterly
customer
service
charge. The quarterly
charge for wastewater
only customers
is (9 x $6.28) + $20.94
= $77.46.
d) Bulk
Water
All water
sold in bulk
shall be cliarged
for at a rate of$ 18.50
per 1,000
gallons
on a pro
rated basis for all quantities
of water
greater
tlian 500 gallons.
1.
Scliedule
of Commodity
Rates &
0riarterly
Service
Charge
Rates per 1,000
Gallons
Quarterly
Service
Cliarge
January
1, 2024
1,000
Gallons
per quarter
Water
$18.95
Wastewater
$7.37
Water
& Wastewater
$26.32
$18.01
Water
2.
Minimum
Charges
per 0uarter
Notwithstaiiding
tlie rates set fortli
in paragraph
1, all customers
will
pay the applicable
minimum
cliarges
per qriarter
set out below,
wliicli
includes
the water
allowance
as listed.
a) Water
& Wastewater
Customers
Group
Water
Customer
Meter
Capacity
hicluded
Service
Size
Ratio
Gallons
Charge
5/8 inch
l
3,000
$18.01
3/4 inch
2
6,000
$18.01
1 inch
4
12,000
$18.01
l 'A inch
10
30,000
$18.01
2 inch
25
75,000
$18.01
Water
& Wastewater
Total Quarterly
Minimum
$96.97
$175.93
$333.85
$807.61
$1,992.01
Wastewater
Commodity
Charge
$22.11
$44.22
$88.44
$221.10
$552.75
Commodity
Charge
$56.85
$113.70
$227.40
$568.50
$1,421.25
b)
Water
Only
Customers
The minimum
charge
will
be the same for each meter
size as shown
above but the
Wastewater
Commodity
Charge
will
be excluded.
c)
Wastewater
Only
Customers
The Wastewater
only charge is the Wastewater
Commodity
Rate based on quarterly
consumption
of 9,000 gallons
plus the quarterly
customer
service
charge. The quarterly
charge for wastewater
only customers
is (9 x $7.37) + $18.01 o $84.34.
d) Bulk
Water
All water
sold in bulk
shall be cl'iarged
for at a rate of $20.25
per 1,000
gallons
on a pro
rated basis for all quantities
of water
greater
than 500 gallons.
1.
Scliedule
of Commodity
Rates &
0uarterly
Service
Charge
Rates per 1,000
Gallons
Qriarterly
Service
Charge
January
1, 2025
1,000
Gallons
per quarter
Water
$20.61
Wastewater
$8.45
Water
& Wastewater
$29.06
$15.09
2.
Minimum
Cliarges
per 0uarter
Notwithstanding
tlie rates set fortli
in paragrapli
1, all customers
will
pay tl'ie applicable
minimum
cliarges
per quarter
set out below,
wliicli
includes
the water
allowance
as listed.
a) Water
& Wastewater
Customers
Group
Water
Customer
Meter
Capacity
Included
Service
Size
Ratio
Gallons
Charge
5/8 inch
I
3,000
$15.09
3/4 inch
2
6,000
$15.09
l inch
4
12,000
$15.09
l !/2 uich
10
30,000
$15.09
2 inch
25
75,000
$15.09
Water
Commodity
Charge
$61.83
$123.66
$247.32
$618.30
$1,545.75
Wastewater
Commodity
Charge
$25.35
$50.70
$101.40
$253.50
$633.75
Water
& Wastewater
Total Quarterly
Minimum
$102.27
$189.45
$363.81
$886.89
$2,194.59
b)
Water
Only
Customers
The minimum
charge will be the same for each meter size as shown
above but the Wastewater
Commodity
Charge
will be excluded.
c)
Wastewater
Only
Customers
The Wastewater
only charge
is the Wastewater
Commodity
Rate based on
quarterly
consumption
of 9,000 gallons
plus the quarterly
customer
service
charge.
The quarterly
charge for wastewater
only customers
is (9 x $8.45) + $15.09
=
$91.14.
d) Bulk
Water
All water
sold in bulk
shall be charged
for at a rate of $21. 75 per 1,000
gallons
on a pro rated
basis for all quantities
of water
greater
than 500 gallons.
e)
Pass through
Rate
Manitoba
Water Services
Board (MWSB)
will increase
water rates $1.00 per/1000
gallons each year
for three consecutive
years due to enhancements
to the water treatment
plant.
The increases are
effective
April
1, 2025, 2026 and 2027.
These increases
will take effect effective
January 1, 2025, that was approved
by the Public Utilities
Board in Board Order No. 53/22, as well as any further
adjustments
resulting
from a water rate study.
The rates are as follows:
Quarterly
Seruce
Charge
$
Water
(per
1,000
gallons)
$
Minimum
Quarterly
Charge
w/o
Sewer"
$
Wastewater
(per
1,000
gallons)
$
Minimum
Quarterly
Charge"
$
Wastewater
Only
Customers
'
$
Bulk
Water
Sales
(per
1,000
gallons)"-'
$
Current
rs.ot
$
1895
$
74.86
$
7.37
$
96.97
$
84.34
$
2025
$
Jan
1,
2025
April
1, 2025
1509
$
15.09
2061
$
21.61
76.92
$
79.92
845
$
8.45
102.27
$
105.27
91.14
s
91.14
21.75
$
21.75
*Based
On 3,000 gallons
**Previously
based on 6,000 gallons,
proposed
rates based on 9,000 gallons
***Based
On a pro-rated
basis for all quantities
of water greater than 500 gallons
The following
clauses
take
effect
July
1, 2022:
3.
Billings
and Penalties
Accounts
shall be billed
quarterly
based on water
used. A late payment
penalty
charge
of
1
!/4% compounded
monthly
shall be charged
on the dollar
amount
owing
after the billing
due date. The due date willbe
at least twenty
one (21) days after the mailing
of the bills.
4.
Disconnection
and Reconnection
a)
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.
b)
Any service
disconnected
due to non-payment
of account
shall not be reconnected
until all anears, penalties
and a reconnection
fee of $25.00
have been paid.
5.
Liability
for Charges
Customers
in the Rural
Municipality
of Elton
Pursuant
to Section
252 (2) of the Municipal
Act, the amount
of all outstanding
charges
for water
and Wastewater
services,
including
fines and penalties,
are a lien and charge
upon
the land serviced,
and may be collected
in the same manner
in which
ordinary
taxes
upon the land are collectible,
and with
like remedies
The fee to add outstanding
water
and Wastewater
charges
to the property
tax roll shall be
$20.00 per account.
Customers
Outside
the Rural
Municipality
of Elton
Pursuant
to agreements
entered
into between
the Rural
Municipality
of Elton
and the
Rural
Municipality
of Riverdale
and the Rural
Municipality
of Oakview,
the amount
of
all outstanding
charges
for water
service
in arrears
for customers
residing
outside
the
Rural
Municipality
of Elton
shall be billed
to the Rural
Municipality
in which
they reside
under
the provisions
of the agreement.
6.
Service
to Customers
Outside
Utility's
Limits
The Council
of the Rural
Municipality
of Elton
may sign Agreements
with customers
for the
provision
of water and Wastewater
services
to properties
located
outside
the boundaries
of
Fonest
Utility.
Such Agreements
shall provide
for payment
of the appropriate
rates set out in
this 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
FOlTest
Utility
boundaries.
In addition,
all costs of coru'iecting
to
the Utility's
mains, and installing
and maintaining
service
connections,
will be paid by the
customer.
7.
Water
Allowance
Due to Line Freezing
That in any case where,
at the request
of 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 cmTent
quarter
shall be the average
of the
billings
for the last two previous
quarters
to the same customer,
or to the same premises
if the
occupant
has changed.
8.
Wastewater
Surcharges
a)
There may be levied
annually,
in addition
to the rates set fmth above, a special
surcharge
on sewage
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
sewage or industrial
waste.
9.
Water
Meters
Water meters
are owned
by the Municipality
but are the responsibility
of the utility
customer
to maintain.
If the water meter
is broken,
frozen,
etc., the utility
customer
will be billed
for a
new meter at the cun-ent
cost of replacement.
10. Meter
Testing
That in any case where a utility
customer
requests
that a meter be tested for accuracy,
the
customer will provide
the Municipality
with a deposit
of $150. The Municipality
will then
remove
the subject
meter and send it to an independent
lab for testing.
If the meter is found
to
be faulty,
all costs associated
with the testing
process
will be borne by the Municipality
and
the deposit
will be refunded
to the customer
and the customer's
account
will be adjusted
for
the preceding
four (4) months.
If the meter
is found
to be in proper
working
order, all costs
associated
with the testing
process
will be borne by the customer
and the customer
will be
billed
or refunded
any balance
owing.
11. 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 con-ect
the fault at bis or her own expense
within
a specified
time period.
12. 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 con-ect
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.
13. Authorization
for Officer
to Enter
Upon
Premises
Whitehead
Regional
Water
Cooperative
Employees,
or other employee
authorized
by the
Municipality
in the absence
of the be Wbitehead
Regional
Water
Cooperative
Employees,
shall be authorized
to enter upon any premise
for the purpose
oj:
Affixing
to any pipe, wire or apparahis
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.