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HomeMy WebLinkAboutKIN 97 029 Water Meter Install e e e e THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1997 - 29 A BY-LAW TO ESTABLISH PROCEDURES FOR THE INSTALLATION AND OPERATION OF WATER METERS IN THE TOWN OF KINCARDINE. WHEREAS the Council for The Corporation of the Town of Kincardine assumed the control and operation of the waterworks department from the Kincardine Public Utilities Commission (the "Commission") effective May 1, 1997; WHEREAS the Council for The Corporation of the Town of Kincardine deems it adviseable to enact a bylaw to establish procedures for the installation and operation of water meters and ancilliary equipment assumed from the Kincardine Public Utilities Commission effective May 1, 1997; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. In this by-law, the following words and phrases have the following meanings: (a) "Consumer" means any person, corporation, firm, business or establishment of whatever nature reasonable deemed by the Town to be a separate entity using water or a user of water supplied by the Town.; (b) "Town" means The Corporation of the Town of Kincardine. (c) "Seasonal Consumer" requiring a supply of November 1st of one next year; means any consumer not water from the Town between year and April 30th of the (d) "Hydrant" means a device provided primarily for use by a public body in a public place; (e) "Multiple Building" means a building in which there ~s more than one group or entity obtaining an individual supply of water supplied by the Town; (f) 11 Owner 11 means appearing as the Town. the person, group or entity owner according to the records of (g) "P.U.C." means Public Utilities Commission. .. . /2 e e e e By-law 1997-29 Page 2 Water Meters METERING 2 . (a) All consumers within the corporate limits of the Town of Kincardine were required to install water meters to the specifications of the P.U.C., by March 31st, 1985; (b) All consumers outside the corporate limits of the Town of Kincardine shall, were required, as a condition of their obtaining a supply of water from the Town, to install water meters to the specifications of the P.U.C., by March 31st, 1985; 3. (a) No consumer shall obtain a supply of water from the Town except through an approved water meter and except as herein otherwise provided. (b) (i) The Town, by resolution, may approve the temporary supply of water to a consumer other than through a meter provided an equitable charge is levied or charged and subject to revision from time to time; (ii) The Town may supply water to the owners or occupants of lands by contract not exceeding 20 years, whether such persons are within or beyond the limits of the Town of Kincardine; or to any other municipality for its use or resale or to the inhabitants thereof for their use and may renew any such contract; (c) The Town certain swimming device; may supply water to a consumer for relatively static uses, such as a pool, other than through a metering (d) Seasonal equitable Town from consumers shall prepay annually an flat rate as established by the time to time. 4. INSTALLATION OF WATER METERS & ANCILLIARY EQUIPMENT EFFECTIVE AUGUST 1, 1984 AND BEYOND: A. Where the consumer wishes to own the water meter: (i) Such consumer may either purchase the water meter from the Town or may purchase a water meter in accordance with the Town's specifications; (ii) Such consumer shall be responsible for all installation costs of such water meter; (iii)Such consumer shall at all times keep such water meter in proper working condition, being responsible for the maintenance, repair and replacement; and failing such maintenance, repair or replacement within a reasonable time and on reasonable notice, the Town shall have the right to enter into the premises, take remedial steps and charge the cost to such consumer, payable by addition to the water bill. B. Where the consumer wishes the Town to own the water meter: (i) The Town will furnish a will remain with the property; water meter premises as which Town . . . /3 By-law No. 1996-29 Page 3 Water Meters e (ii) The Town will be responsible to keep such water meter ~n proper working condition, being responsible for the maintenance, repair and replacement thereof to be done within a reasonable time and on reasonable notice; (iii)The consumer shall select following options: one of the (a) by payment installing expense; of $100.00 to the Town and by the water meter at the consumer's own (b) by payment of the sum of $13.33 per month for 12 months and by installing the water meter at the consumer's own expense; (c) by paying a rental charge of $3.00 per month with the Town installing the water meter at the Town's expense. e 5. Installation of water meters, etc., prior to August 1, 1984 A. The Town acknowledges that all water meters installed prior to August 1, 1984, are owned by the consumer and title thereto has passed with the ownership of the real property which it serves. B. If any such consumer wishes: (i) to continue ownership of the water meter, such consumer accepts responsibility for maintenance, repair and replacement of such water meter; e (ii) to pass title of the water meter to the Town in consideration of the Town assuming all future responsibility for maintenance, repair and replacement, such consumer shall sign a notice doing so. 6. At any time, any consumer owning a water meter may transfer ownership thereof to the Town and elect to adopt any of the options set out in Paragraph 4.B. (iii) provided that actual figures may be revised in tbe light of costs at that time. 7. Where the words "water meter" are used, they mean and include the water meter and remote reader when referring to ownership but when referring to the responsibility for installation by the consumer, they refer only to the water meter itself. 8. All water meters and remote readers shall be installed and kept in convenient locations. 9. In cases of hardship, the Town may make special arrangements with a consumer, less rigid than those provided herein. e " . /4 e e e - By-law No. 1997-29 Page 4 Water Meters 10. In this by-law, where the Town assumes responsibility for maintenance, repair or replacement of the water meter and its parts, it does not assume responsibility for willful or negligent damage to the water meter and its parts caused by one consumer or owner or those under their control; nor does it accept responsibility for consequential damage occurring to any other property whatsoever arising from lack of maintenance, repair or replacement of the water meter and its parts unless the Town has been given notice of such deficiency or malfunction as provided in paragraph 4. (B) (ii) hereof and has failed to perform its duties as set out in this by-law. 11. (a) No person shall interfere with or use any hydrant or a supply of water therefrom unless such person ~s an employee of the Town of Kincardine or a member of a fire department and then only when such water is required for public purposes. (b) The Chief Administrative Officer & Clerk Town of Kincardine, or designate, may give approval for the use of water from any such subject to such conditions or restrictions as appropriate to them. of the special hydrant may seem 12. Every person who contravenes any provision of this by-law is guilty of an offence and is subject to the penalties as prescribed in the provicial Offences Act, R.S.O. 1990, Chapter P.33. 13. This its by-law shall come into full force and effect final passage. upon 14. This by-law may be cited as the "Water Meters Installation & Operation, By-law". READ a FIRST and SECOND time this 22nd day of May, 1997. READ a THIRD time and FINALLY PASSED this 22nd day of May, 1997. ~~~ Clerk