HomeMy WebLinkAboutKIN 97 029 Water Meter Install
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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.
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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
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By-law No. 1996-29
Page 3
Water Meters
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(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.
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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;
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(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.
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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.
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Clerk