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VILLAGE OF TESLIN
By-law # 23-251
Water Distribution By-law
A By-law to provide for the distribution of water within the Village of Teslin.
WHEREAS Section 265(b) of the Municipal Act (R.S.Y. 2002) provides that a Council
of a municipality may adopt bylaws for municipal purposes, including municipal
services; and
WHEREAS Section 229(1) of the Municipal Act provides that Council may adopt
bylaws to establish and provide a municipal service that considers necessary or desirable
for the residents of its municipality; and
WHEREAS Section 248(1) of the Municipal Act provides that a Council may, by bylaw
and to the extent of its jurisdiction, impose a municipal service charge; and
WHEREAS Section 230(1) of the Municipal Act provides that a Council may by bylaw
authorize its municipality to enter into an agreement with a Yukon First Nation to
collectively provide a service within an area over which the First Nation has jurisdiction,
NOW THEREFORE, the Council of the Village of Teslin, in an open meeting duly
assembled, enacts as follows:
1. SHORT TITLE: This By-law may be cited as the "Water Distribution By-law".
2. DEFINITIONS in this By-law and in the schedules attached hereto, unless the
context otherwise requires:
a) "Consumer" means any person or business that receives water delivery
service.
b) "Owner" means an owner of real property and includes a person having
any rights, title, estate, or interest in real property other than that of
occupant or mortgagee.
c) "Premises" means any dwelling unit or commercial enterprise that
receives water delivery service.
d) "Municipal boundary" means the water service area that extends 1km past
the municipal boundary.
e) "Radius" means the extended service area outside municipal boundaries
(Cottage Lots to the Teslin Solid Waste Management Facility).
f) "Service" means water delivery service.
g) "Staff" means the employee of the Village of Teslin or their authorized
representative.
h) "Call Out" Any water delivery done outside of regular business hours
where an employee must return to work.
3. Consumer Responsibilities
a) Every consumer shall be responsible for paying all charges prescribed in
this By-law for services as set in Schedule A attached hereto.
b) Every consumer shall make an application for service in writing on the
form prescribed in Schedule B attached hereto.
c) Every consumer who wishes to have the service discontinued for any
period shall notify the Village of Teslin in writing on the form prescribed
in Schedule C attached hereto.
4. Every premise receiving service under the provisions of this By-law, shall be
equipped at the expense of the consumer or the owner thereof, with:
a) A covered water storage tank or container of not less than 3000 litres and
consumers are encouraged to have larger storage tanks where possible.
b) A filler pipe of a type, design and location approved by the Village of
Teslin which shall conform to the following conditions:
i.
Be in the front of the premise facing the road and located to
allow safe and convenient access by the water truck delivery
truck and operator.
ii.
Be constructed of any NSF 61 grade material, have an inside
diameter of not less than two (2) inches, and approved by the
Village of Teslin.
iii.
Be equipped with a cap and an electrical or air pressure
overflow warning device.
iv.
Be one piece for at least 12 inches from the point of filling to
the first fitting and firmly secured parallel to the outside wall of
the house and no closer than two (2) inches to the outside wall.
v.
The access to the filler point shall be maintained by the owner
or consumer, including the removal of mud, ice, snow, yard
material, vehicles, pets and pet waste that could impede access.
vi.
The filler pipe and overflow pipe shall have a back grade such
that the water does not free flow from the tank or sit in the
lines.
vii.
All filler pipe fittings must be 45 degrees or less or sweeping
elbows.
viii.
All filler pipes and whistles must be labelled water or be blue
in colour.
ix.
All filler pipes must be no lower than two (2) feet from the
ground and no higher than four feet from the ground or steps.
c) The Village of Teslin shall not be responsible for any costs due to a
containment system that does not function in a proper manner.
d) Any water system without NSF 61 material that was installed before the
final passing of this By-law will be grandfathered until changes or
upgrades to that system are needed or by order of the Village of Teslin.
5. The Village of Teslin will not deliver water to a premise that does not have an
exterior filler pipe and a level indication system as specified in this By-law.
6. The Consumer should ensure the water tank is designed to contain potable water
and show no signs of leakage, deformation, or surface cracking. The tank shall be
designed to withstand pressure induced from filling with no visible deformation,
rupture, or leakage and shall have an access hatch or manhole to provide entry for
cleaning and inspection to comply with the health requirements as determined by
the Medical Health Officer.
7. Should the water storage container, overflow pipe, filler pipe, or warning device
be found to be defective, a notice in writing to that effect shall be either mailed to
the consumer and/or owner, or a notice will be posted on the door of the
residence. If any defect of which notice is given is not remedied within the
specified time limit, the Village of Teslin may discontinue service until such time
as the defect is remedied.
8. Existing installations not complying with Clause 4 of this By-law may remain
until replacement becomes necessary. All new installations must conform to this
By-law.
9. Payment
a) The rates to be charged and paid by all consumers under the provisions of
this By-law shall be set forth in Schedule A attached hereto.
b) The owner/consumer of real property shall be liable for all rates and
charges under the By-law.
c) All rates and charges for water delivery service shall be due and payable
within 30 days of the date of the statement.
10. In the event of default of payment of service charges in excess of 60 days, the
Village of Teslin may discontinue water delivery to the premises in respect of
which the charges are overdue and may determine not to commence the service to
such premises until such time as all arrears are paid in full.
11. The owner or occupant of any premises that apply for water service shall pay to
the Village of Teslin a Security Deposit as provided for in Schedule A attached
hereto.
12. This By-law shall come into full force and effect upon the third reading thereof.
13. By-law #14-206 is hereby repealed.
READ A FIRST AND SECOND TIME THIS FEBRUARY 13, 2023.
READ A THIRD TIME AND FINALLY PASSED THIS FEBRUARY 27, 2023.
Mayor Gord Curran
Chad Thomas, CAO
SCHEDULE A
FEE SCHEDULE (Effective March 1, 2023)
SECURITY DEPOSIT: An applicant for water service shall, at the time of approval
of service, provide the Village of Teslin with a non-interest-bearing deposit in the
amount of $150.00. The security deposit will be returned when the applicant provides
notice of discontinuation to the Village of Teslin, and the consumer's account is paid
in full. When a consumer's account has remained in good standing for one year, the
security deposit will be returned.
Water Delivery rates for service provided by the Village of Teslin shall be as follows
and will come into effect on March 1, 2023. Rates for items (1) and (2) only applies
to properties set in the daily schedule ahead of time and only to consumers with an
active account.
1. Residential consumers within the municipal boundary will pay a delivery
charge and a per litre charge and are eligible for three deliveries per week at
this cost. More than three deliveries a week will be at a charge of $50.00 for
each delivery.
Delivery Charge...................................................$10.00 each
Water Litre Charge..................................................$0.010 per litre
2. Commercial consumers within the municipal boundary will pay a delivery
charge and a per litre charge and are eligible for three deliveries per week at
this cost. More than three deliveries a week will be at a charge of $50.00 for
each additional delivery.
Delivery Charge...................................................$10.00 each
Water Litre Charge..................................................$0.014 per litre
3. Consumers within the radius will be charged $50.00 per delivery (plus the
applicable cost per litre). This service is only provided one day a week as
scheduled by the CAO. Requests for service must be made one day in
advance.
Delivery charge...................................................$50.00 each
Per Liter residential rate........................................$0.010 per litre
Per Litre commercial rate.......................................$0.014 per litre
4. Consumers outside the radius will pay an hourly truck rate of $200.00 per
hour, $2.00 per kilometre each way, and the applicable water charge per litre.
(Minimum one hour charge per delivery). Any deliveries outside the radius
must be first approved by the CAO.
5. For consumers within the radius, an extra delivery on a non-scheduled
delivery day shall be charged at a rate of $200.00 per hour (plus the applicable
cost per litre), at a minimum of one hour.
6. For all call-out deliveries, which are deliveries made outside of business
hours, the rate will be $200.00 per hour (plus applicable cost per litre), at a
minimum of two hours.
7. If the regular water delivery service fails due to unforeseen circumstances and
delivery is completed outside of regular working hours, the rate shall be as if
the delivery had been made during regular hours.
8. Non-potable water holding devices (hot tubs, outdoor tanks, and other non-
potable holding devices) can be filled on request but will only be fulfilled on
an infrequent basis as the schedule allows. These types of deliveries will be
treated as regular water delivery in addition to the regular tank fill and will be
charged as per "Schedule A".
9. The following water deliveries will be billed hourly (outside the municipal
boundary) or as an extra charge (inside the municipal boundary):
- Any water tank fills for the purpose of tank commission testing.
- A water delivery that is outside that day's pre-arranged schedule.
When calling for a water delivery, a minimum of 24 hours' notice is
required.
- Any delivery more than the one scheduled delivery in a week inside
the radius.
- Short-term customers, where Office Staff has approved deliveries.
10. Contractors can use the bulk fill station when the Smarchville bulk fill (non-
potable) is in operation (seasonally). All contractors must be pre-approved at
the Village of Teslin office before using the bulk fill. Rates for this service are
identified as follows:
Inside municipal boundary........................................$0.003/litre.
Outside municipal boundary......................................$0.006/litre.
11. Consumers over the age of 65 are eligible for a yearly credit of $200.00 which
will be used only toward water charges.
12. An applicant for water service shall, at the time of approval of service,
provide the Village of Teslin with a non-interest-bearing deposit in the
amount of $150.00.
SCHEDULE B
APPLICATION FOR WATER DELIVERY
Name: _______________________________________ Date: _____________________
Mailing Address: _________________________________________________________
Tank Size: ______________________________________(minimum tank size is 3000 L)
Phone Number:
___________________________________________________________
E-mail address:
Location & Description of Residence: _________________________________________
________________________________________________________________________
Please show the design of the filler pipe and vent located on your premises:
I, the undersigned, request water delivery service at the above address. In so receiving
this service, I agree to abide by the rules and regulations as set down in By-law #23-251
of the Village of Teslin.
I agree that if the Village of Teslin chooses to use any collection agency or legal counsel
to collect the money I owe them or to assert any other right the Village of Teslin may
have against me, I agree to pay the reasonable costs of collection and/or other actions
including, but not limited to the costs of the collection agency, reasonable legal fees, and
court costs, as provided by applicable law.
Signed:
Approved:
Village of Teslin Authority
SCHEDULE C
CANCELLATION OF WATER DELIVERY
Name: __________________________
Date:_____________________
Mailing Address:
________________________________________________
Date of Effective Cancellation:
_____________________________________
Location and Description of Residence:
______________________________
I, the undersigned request that water delivery service be discontinued at the
above address until further notice.
I understand that I will have to reapply to the Village of Teslin before
service is recommenced.
Signed
Approved