RURAL MUNICIPALITY OF LANSDOWNE

BY-LAW NO. 2103/08  
 
BEING a by-law of .the Rural Municipality of Lansdowne to establish
sewer and water rates within the said municipality;
 
 WHEREAS the Rural Municipality of Lansdowne owns and operates a sewer and water facility within the limits of the said municipality;  
  AND WHEREAS The Municipal Act, S.M. 1996, C58, states in part: 
 	“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;” 
	250(1)  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)  Without limiting the generality of subsection (1), a municipality may for 			municipal purposes do the following:
			a) acquire, hold, mortgage and dispose of land, improvements and personal 				property	, or an interest in land, improvements and personal property;
			b) construct, operate, repair, improve and maintain works and improvements;
			c) acquire, establish, maintain and operate services, facilities and utilities;
			d) enter into agreements with one or more of the following regarding anything 				the municipality has power to do within the municipality;
				i)  a person
				ii)  the Government of Canada or one of its agencies
				iii)  the Government of Manitoba or one of its agencies
				iv)  a local authority
				v)   a band as defined in the Indian Act (Canada)
				vi)   another municipality in Manitoba or a municipality in another 				                      province;
			e)  use municipal equipment, materials and labour to carry out private works on 				private property.

	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;
			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)  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.

	253(1)  The power of a municipality referred to in clause 250(2)(d) to enter into agreements 	includes the power to enter into agreements pertaining to land, improvements, personal property, 	works, services, facilities, utilities or private works within or outside the boundaries of the 	municipality.

 
NOW THEREFORE be it and it is hereby passed and enacted as a by-law of the Rural Municipality of Lansdowne, in council duly assembled as follows: 
 
THAT all accounts for minimum quarterly charges for metered services as set forth in the Schedule of Quarterly Rates shall be billed quarterly in advance together with any excess charges for metered water and sewer services for the preceding quarter.  Consumers shall pay for water and sewer service supplied to them by the Rural Municipality of Lansdowne at the rates and terms set out in Schedule “A” attached hereto and forming part of this by-law. 
 
THAT this By-law shall come into force and become effective on, from and after both approval by The Public Utilities Board and receipt of third and final reading thereof. 
 
PASSED AND ENACTED by the Rural Municipality of Lansdowne, in council duly assembled this . . . . . . .day of . . . . . . . . ., 20.. 

 
            
    						Reeve 
First Reading May 2, 2008.

Second Reading . . . . . . . . . . . . 
								CAO
Third Reading . . . . . . . . . . . .  

    						

 

 
 SCHEDULE “A” 

THE RURAL MUNICIPALITY OF LANSDOWNE 

WATER AND SEWER RATES 
 
BY-LAW NO.2103/08. 

 
 
SCHEDULE OF QUARTERLY RATES: 
 
	1. Commodity rates per M.G. 

Water 	 Sewer 	 Water & Sewer 
 
 All water consumption (Final)  						 $13.76 	 $0.72    	      $14.48 
All Water consumption (Interim)						  $ 6.26	  $0.72	       $ 6.98 
 
	2. Minimum Charges, Quarterly 

Notwithstanding the Commodity rates set forth in paragraph 1 hereof, all customers will pay the applicable minimum charges set out below, which will include water allowances indicated: 
 
(a) Water and Sewer Customers  (Final)
  
Meter 
Size 
_____ 	Group 
Capacity 
Ratio___ 	Water 
Included 
Gallons 	Customer 
Service 
Charge__ 	Commodity  Charges 
 
Water         Sewer 	Total 
Quarterly 
Minimum__ 	
5/8” 	1 	3,000	$ 3.85 	$ 41.28 	$ 2.16 	$ 47.29 	
¾” 	2 	6,000	  3.85 	   82.56 	   4.32	  90.73 	
1” 	4 	12,000	  3.85 	 165.12	   8.64	 177.61	
1 ½” 	   10 	30,000	  3.85 	 412.80	  21.60	438.25  	
2” 	   25 	75,000	  3.85 	 1032.00 	  54.00	1089.85	

 

	

(2)

(b) Water and Sewer Customers  (Interim)
  
Meter 
Size 
_____ 	Group 
Capacity 
Ratio___ 	Water 
Included 
Gallons 	Customer 
Service 
Charge__ 	Commodity  Charges 
 
Water         Sewer 	Total 
Quarterly 
Minimum__ 	
5/8” 	1 	3,000	$ 3.85 	$ 18.78 	$ 2.16 	$ 24.79 	
¾” 	2 	6,000	  3.85 	   37.56 	   4.32	   45.73 	
1” 	4 	12,000	  3.85 	    75.12	   8.64	   87.61	
1 ½” 	    10 	30,000	  3.85 	  187.80	  21.60	  213.25  	
2” 	    25 	75,000	  3.85 	  469.50 	  54.00	  527.35	

C)	Water Only Customers 
 
Minimum charge will be the same for each meter size as shown, above, but the Sewer Commodity Charge will be excluded. 

	3. Bulk Sales Rate 
 
All water sold in bulk by the Rural Municipality of Lansdowne shall be charged for at the rate of $ 13.00 per 1,000 gallons on a pro-rated basis for all quantities greater than 500 gallons.  For any quantity of 500 gallons or less the minimum charge will be $ 6.50. 

	4. Service to Customers outside Municipality, Town, or L.I.D., limits 

 The Council of the Rural Municipality of Lansdowne may sign agreements with customers for the provision of water and sewer services to properties located outside the legal boundaries of the R.M. of Lansdowne. 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 connecting to the utility’s mains and installing and maintaining service connections will be paid by the customer. 
 
	5. Billings and Penalties 
A late payment charge of 1¼% shall be charged on the dollar amount owing after the billing due date.  The due date will be at least fourteen days after the mailing of the bills. 

(3)

	 6. Disconnection 

 Service may be disconnected and discontinued for non-payment of the account.  If the account remains unpaid 30 days past the due date, customers will be sent a reminder notice.  If after a further 30 days, the account remains unpaid, a second notice will be issued providing disconnection advice unless payment is received within 30 days.  All disconnection notices shall advise the customer of the specific date of the disconnection and of their right to appeal to the Public Utilities Board and include the Board’s relevant contact information. 
 
	7. Reconnection 

Any service disconnected due to non-payment of account shall not be reconnected until all arrears, penalties and a reconnection fee of $ 50.00 have been paid. 

	8. Outstanding Bills 

Pursuant to Section 252(2) of The Municipal Act, the amount of all outstanding charges for water and sewer service 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. 
 
9. Hydrant Rentals 
 
The R.M. of Lansdowne will pay to the utility an annual rental of $ 75.00 for each hydrant connected to the system.   
 
	10. 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 two previous quarters to the same customer, or to the same premises if the occupant has changed. 

  

	(3)

	

	11. Sewage Surcharges 
	(a) There may be levied annually, in addition to rates set forth 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 wastes. 

 
 
NOTE: For those communities already assessing surcharges, the clause would be as indicated below: 
 
	11. Sewage Surcharges 
	(a) There will be levied annually, in addition to rates set forth above, a special surcharge on sewage having a Biochemical Oxygen demand in excess of 300 parts per million in the amount of . . . . . . . per 100 pounds of B.O.D. 
	(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 wastes. 

 

 
 
NOTE: THE BOARD REQUIRES FILING OF TWO COPIES, NOT ORIGINALS, OF THE RATE BY-LAW, CERTIFIED AS TO HAVING BEEN READ THE FIRST TIME ONLY PURSUANT TO SECTION 59(2) OF THE PUBLIC UTILITIES BOARD ACT.