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THE CITY OF SELKIRK
BY-LAW NO. 5182
BEING A BY-LAW OF THE CITY OF SELKIRK RESPECTING THE
MANAGEMENT AND REGULATION OF THE WATERWORKS SYSTEM.
WHEREAS the Municipal Act, S.M. 1996, c58 provides as follows:
250 (1)
Municipality is corporation
A municipality is a corporation and subject to this Act, has the rights and is
subject to the liabilities of a corporation and may exercise its powers for
municipal purposes.
250 (2)
General powers
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)
Powers respecting works, services, utilities
A municipality exercising powers in the nature of those referred to in
clauses 250 (2) (c) 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)
Collection of fees
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.
241 (1)
If a designated officer of a municipality believes that a meter or other device
that measures a utility or other service has been tampered with, the
designated officer may apply to the court for an order authorizing
a)
entry of the land or structure in which the device is located; and
b)
inspection and testing of the device.
389
Limited liability for utilities or services
Where a municipality operates a utility or provides a service, it is not liable
for loss or damage as a result of
a)
the breaking of a pipe, service line, conduit, pole, wire, cable or
other part of the utility or service; or
b)
the discontinuance or interruption of a service or connection;
by reason of
c)
accident;
d)
disconnection for non-payment or non-compliance with a term or
condition of service; or
e)
necessity to repair or replace a part of the utility or service.
NOW THEREFORE the Council of the City of Selkirk in open session, enacts as follows:
1.
This By-law shall be known as "The Waterworks System By-law" of the City of
Selkirk.
2.
Definitions:
Where used in this by-law the following definitions shall apply:
a)
"City" means the City of Selkirk.
b)
"Consumer" means any person to whom water is supplied by the City
and/or a person who uses the sewer system of the City and includes a
builder or contractor using water in connection with any work or
contract.
c)
"Director of Operations" means the Director of Operations of the City or
his designate.
d)
"Owner" means the registered owner of land whose estate or interest in
writing pursuant to the applicable zoning regulations, to occupy any
building or part thereof in the district.
e)
"Director of Finance" means the Director of Finance of the City or his
designate.
f)
"Person" means any individual owner, firm, partnership, trust or
corporation.
g)
"Sewer Service" means the sewer service system owned and operated by
the City consisting of the sewer main, saddle, riser, bends, adaptors and
piping between the sewer main and the property line.
h)
"Water Service" means the water service system owned and operated by
the City consisting of the main stop, curb stop, fitting and piping
between the water main and property line.
i)
"Waterworks system" means the water supply, treatment system and
distribution mains and also the sewer collection and treatment system
and collection mains owned and operated by the City.
3.
The collection of revenues derived from the waterworks system, the payment of all
disbursements connected therewith and the supervision of all books, accounts and
records shall be under the general direction and control of the Director of Finance.
4.
The operation, construction and maintenance of all works relating to the
waterworks system shall be under the general direction and control of the Director
of Operations.
5.
Costs:
a)
The City shall pay the cost of installing and maintaining the waterworks
system on municipal properties and right of ways.
b)
The owner of each premises shall pay the cost of installing the water and
sewer service from the waterworks system mains to the property line of the
premises served with the exception of a development agreement specifying
a cost arrangement.
c)
The owner of each premises served shall pay the full cost of installing and
maintaining the water and sewer service between the property line and the
building served.
d)
The City, after one year, shall pay the cost of keeping in repair, the water
and sewer service lines from the main lines to the property line.
e)
The owner of each premise shall pay the cost of clearing a blockage in the
sewer service to the premises.
f)
Tree roots removal being the responsibility of the homeowner from
structure to property line and the City's responsibility from property line to
main;
If there are trees on both sides, the cost will be shared 50/50 by the
homeowner and the City;
If trees are on the City property only, it will be the City's expense to pay
and it will be an option of the City to remove the tree in question if the
problem repeats itself, if the homeowner requests the removal;
The cost of cleaning the line will only be paid if a City representative is
present when the sewer is being cleaned, so that the blockage location is
measured and inspected;
The onus is on the homeowner to contact the City.
6.
The standard water service from the water main to the property line shall be a
standard pipe and a standard main stop as determined by City of Selkirk
specifications.
7.
The Owner shall place in each water service a curb stop and box at the property line
for the purpose of turning the water supply on or off. The size of the curb stop or
any other cut-off to be inserted in the water service under any application shall be
the same size as the service applied for. The location in the street in which any
water service is to be laid shall be approved by the Director of Operations prior to
installation.
8.
The service pipes from the street line to the inside of the foundation wall of any
building or structure into which a service is introduced, shall be placed not less than
2.4m below the surface of the ground level, unless by a letter of direction to the
property owner or the owner's representative, the Director of Operations
determines otherwise.
9.
A bronze valve connected to the water service pipe shall be placed inside the wall
of the building as close as possible to the point of entry of the water service pipe.
The owner shall maintain the bronze valve to ensure that it is in good mechanical
condition and available for emergency.
10.
No branch pipe or branch service shall be taken from that part of the water service
pipe between the curb stop and the water meter, but all such branches shall be taken
from within the premises, beyond the water meter. The water meter shall be placed
on the water service pipe as close as possible to the valve, downstream from the
water supply.
11.
a)
Each owner shall keep his own water service pipe, bronze ball valve and
other fixtures on his own premises, and between such premises and the
street line, including the connection to that part of the service within the city
street, in good order and repair, and protected from frost, at his own risk and
expense.
b)
The water service pipe from the line in the street to the water meter in the
building supplied, together with all couplings, valves and apparatus placed
thereon shall be under the control of the City and if any damage is done to
this portion of the water service pipe or its fittings, either by neglect or
otherwise, the City may repair same or have it repaired and charge the costs
to the occupant or owner of the premises, which may be collected either as
water rates or may be added to the taxes on the property and collected to the
same manner as ordinary municipal rates or taxes.
12.
The Director of Operations shall approve the design and quality of the waterworks
system including the water service, sewer service and every apparatus connected or
related thereto.
13.
Every owner to whose property the City has made available a water and sewer
main, shall connect to that main within 3 months of the date the service was
provided.
14.
Applications for water and sewer service shall be made to the City office on the
form provided for the purpose, and such application shall be the contract between
the City and the owner for the supply of water and sewer service. In certain cases,
the City may accept other forms of application and such other forms of application
shall be the contract between the consumer and the City for the supply of water and
sewer service.
15.
a)
No person except an authorized City employee or a person authorized by
the Director of Operations shall:
i) tap or make any connection or communication with any pipe or main
which is part of or connected to the waterworks system;
ii) open, close or in any manner interfere with any curb stop, main stop or
valve, which is part of or connected to the waterworks system.
b)
No person shall make any connection or communication of an independent
water supply with a pipe or main which is part of or connected to the
waterworks system.
16.
The Director of Operations, or his designate, may enter upon any premises
connected to the waterworks system at any reasonable time to examine the pipes,
meters and other installations used in connection with the waterworks system.
17.
All plumbing fixtures below ground level shall be protected by a back water valve
which shall be placed inside the basement wall of the building as close as possible
to the point of entry of the branch sewer service pipe draining the fixtures into the
main sewer service pipe. The owner shall maintain the backwater valve to ensure
that it is in good mechanical condition and is available and accessible in case of
emergency. A sewer cleanout connected to the sewer service pipe shall be placed
inside the wall of the building between the wall and the backwater valve. The
owner shall maintain the cleanout and keep the cleanout visible and serviceable in
case of emergency. The minimum size of cleanout shall be a standard size or a size
determined by the Director of Operations.
18.
Upon vacating any building or premises, the occupier shall turn off the water
supply at the valve inside the wall of such buildings, and shall give immediate
written notice to the City that the premises are being vacated. In case the water is
not turned off, the City may cut off the water from such building without notice and
charge the cost thereof to the owner to be collected in the same manner as water
rates, or the costs may be added to the taxes on the property and collected in the
same manner as ordinary municipal taxes. Nothing contained or implied herein
shall be deemed to place any responsibility, duty or liability on the City.
19.
The owner or occupier of any premises who requests the City to turn off the water
service to such premises shall, before making such request, close the valve and
drain all water from the water pipes in the premises and the appliances connected
therewith, and shall keep said valve closed and the said pipes and appliances free
from water until the City is notified that water service is again required for the
premises. Nothing contained or implied herein shall be deemed to place any
responsibility, duty or liability on the City.
20.
In the course of making repairs to the water works system, or in constructing new
work, or in connecting, whether by the City or by some other person, the City shall
have the right to shut off the water from any consumer, without notice, and keep it
shut off as long as may be deemed necessary.
21.
The City shall not be liable for any damages as the result of the breaking of a pipe,
service line or other part of the utility or service, or the discontinuance or
interruption of a service or connection, accident, disconnection for non-payment or
non-compliance with a term or condition of service.
22.
Any person employed by the owner or occupier of premises connected to the
waterworks system shall be deemed to be the agent of such owner or occupier and
the City will not be responsible for the acts of the person.
23.
Only water meters and reading devices purchased from the City shall be used in all
premises. The City shall repair and/or, if required, replace the metering equipment.
24.
a)
All water shall be supplied to consumers through a water meter with a
manual or automatic reading device and the City may refuse to supply water
to any person unless the person requiring the water signs an agreement to
take, use and pay for the water according to the Utility Rate By-law.
b)
The consumer shall notify the City as soon as he becomes aware of
breakage or stoppage or irregularity in a water meter.
c)
All disconnections, removals, alterations and repair of water meters and
automatic devices shall be done by a City employee only or a person
authorized by the Director of Operations and no other person shall install,
disconnect, repair, remove, tamper with, alter, damage or paint a water
meter or an automatic reading device, or the pipes and wiring connected
thereto.
d)
The City shall seal all water meters and no person except an authorized
employee of the City or a person authorized by the Director of Operations
shall break or in any way interfere or tamper with such seal.
e)
If a water meter is damaged by the backflow of hot water from a water
heating apparatus, tank or boiler, the City shall repair and if necessary,
replace the meter and all charges for repairing or replacing the meter shall
be paid by the owner or occupier of the premises in which the meter is
situated.
f)
If a meter is damaged by frost, or from any other cause, the City may repair
or replace the meter, and all charges for repairing or replacing the meter
shall be paid by the owner or occupier of the premises in which the meter is
situated.
g)
Where an offence is committed under subsection (c) or subsection (d) the
consumer to whom water is supplied in the building or place where the
offence was committed shall be prima facie presumed to have committed
the offence.
h)
All water consumers shall prevent water wastage through leaky taps, pipes,
cocks or other faulty fixtures. Should any owner or occupant of a premise
in which such faulty taps or fixtures exist fail to remedy such leaks or
defects after receiving a twenty-four (24) hour notice, an authorized official
of the City appointed for the purpose, may have the water shut off to the
premises until the necessary repairs have been properly made to their
satisfaction or the satisfaction of such other person appointed for the
purpose and payment made of all charges for turning on the water again.
25.
Water meters and automatic reading devices shall at all times be accessible to
authorized City employees, so that they may be examined, read, inspected and if
necessary, repaired.
26.
When a meter is found not to be in proper working order, or a meter reading is not
obtained, the Director of Finance shall estimate the amount of water consumed for
any quarter or other period, based on the amount of water consumed during the
time the meter was working, or on any other information available, and such
estimate shall be the basis for billing the consumer for water used.
27.
Where an apartment block, tenement, duplex or other multiple occupied building,
or a trailer park with a meter house, has one service connection, the owner shall pay
for water supplied to the property, but where any suite, or any portion of such
building, or a trailer, has a separate service connection, it shall be rated as a
separate building, and the occupier thereof shall be a consumer and shall pay for the
water consumed therein.
28.
The supply of water through each separate service shall be recorded by one meter
only, for which only one account will be rendered. If additional or auxiliary meters
are required by the consumer for reporting the subdivision of any such supply, they
shall be furnished and set up by the consumer at his expense and as designated by
the Director of Operations, and the consumer shall assume all responsibility for the
reading and maintaining of said additional meters.
29.
Notwithstanding the provisions of the Utility Rate By-law, water and sewer
services supplied may, in the case of commencement or termination of service, be
billed monthly or otherwise, and the rates prorated accordingly and, in the case of
termination of service, such prorated billings may be made payable by the customer
earlier than the immediately ensuing quarterly billing in the normal course.
30.
Water meters shall be read in whole units of cubic meters.
31.
Consumers may be billed by addressing the bill to the address at which water and
sewer service is supplied, and the name of the consumer need not appear on the bill.
32.
For the purpose of reading water meters and the collection of water accounts, the
City shall read meters on a quarterly basis.
33.
The City shall have the right to limit the amount of water supplied to any consumer,
even though no limit is stated in the application for water.
34.
The Council of the City of Selkirk may, by resolution or by-law, discontinue,
prohibit, or limit the supply of water for foundations, jets, garden hoses, sprinklers
or swimming pools, or limit the hours that water may be used for those purposes.
35.
The rates for turning water on and off and the rate for repairs to meters and the rates
for all other charges payable by the user of the water works system shall be the
rates fixed by the Utility Rate By-law.
36.
The Council of the City of Selkirk may by resolution adjust the water bill of any
person that makes a written request before Council to adjust their water bill.
37.
a)
In this section, contractor means a contractor, sub-contractor, owner or any
one or more of them and their agents and employees.
b)
A contractor performing work to underground services shall provide The
City of Selkirk with a performance bond and comprehensive liability
insurance in the amounts specified by the Director of Operations and shall
indemnify and save harmless The City of Selkirk against all accidents, suits,
and damages of whatsoever nature consequent to or by reasoning of any
opening in any street for installing, repairing or altering the waterworks
system.
c)
Prior to commencing the construction of a building or structure which by
nature of its intended use will be connected to the City's water and sewer
system on a site where a water line and curb stop are in place, the contractor
shall notify the City in writing of the date of commencement and the City
shall forthwith do all things necessary to ensure that the water line and curb
stop are functional and in good repair.
d)
Upon receiving an application for water turn on following the issue of an
occupancy permit for the building or structure, the City shall inspect and test
the water line and curb stop. If the curb stop is damaged from any cause
whatsoever the contractor shall, at his own cost and expense, repair the
damage as prescribed by the City and the City shall not be obliged to turn on
the water until the damage is repaired.
38.
a)
Every person who contravenes, refuses, neglects, omits or fails to obey or
observe, any provision of this By-law, is guilty of an offence and is liable,
on summary conviction, to a fine not exceeding $1,000.00 or to
imprisonment for a term not exceeding 30 days or both.
b)
In addition to the penalty contained in subsection (a), the City may cut off
the supply of water to any person who contravenes, refuses, neglects, omits
or fails to obey or observe any provisions of this By-law, or may refuse to
supply water until the violation has been remedied. The City may cut off
the supply of water to any building on the first working day after the due
date posted on the waterworks bill. The water shall remain cut off until the
account and all penalties are paid and the City shall not be obliged to turn on
the water earlier than the first working day following payment of the
account and penalties.
39.
By-law No. 5167 is hereby repealed.
DONE AND PASSED by the Council of the City of Selkirk, assembled at Selkirk, in the
Province of Manitoba this 15th day of November, A.D. 2010.
THE CITY OF SELKIRK
Original signed by L. Johannson
____________________________________
Mayor
Original signed by Wayne Miller
____________________________________
Director of Finance
READ A FIRST TIME
this
9th day of
November, A.D., 2010.
READ A SECOND TIME
this
15th day of
November, A.D., 2010.
READ A THIRD TIME
this
15th day of
November, A.D., 2010.