KAMLOOPS INDIAN BAND LANDS MOUNT P W A A U T L E I R N D W U O S R T K R S IAL PARK By-Law No. 1995-004 ******************** Being a By-law to provide the control and regulation of the water supply system on the area known as Mount Paul Industrial Park and other lands on Kamloops Indian Reserve #1 and the raising of monies to operate and maintain the Kamloops Indian Band water supply system. ******************** Whereas, Paragraph (L) of Section 81 of the Indian Act empowers the Council of the Kamloops Band of Indians to make by-laws regarding the construction and regulation of the use of public wells, cisterns, reservoirs and other water supplies, Mow therefore the Council of the Kamloops Band of Indians enacts as a by-law thereof the following: 1. This by-law may be cited for all purposes as the Kamloops Indian Band Waterworks By-Law No. 1995-004. 2. This by-law applies to the Kamloops Indian Band Reserve #1 including areas in the Mount Paul Industrial Park. It does not apply to any domestic or other water service provided to homes of members of the Kamloops Indian Band situated on Kamloops Indian Reserve #1, but does apply to locatee lease holders and band member development corporations. 3. Metric units are used for all measurements in this by-law. The approximate equivalent of these units, in currently used units of Canada measure (feet, inches, gallons, etc.) are shown in brackets following each metric unit of measurement and such bracketed figures are included for convenience only and do not form a part of this by-law. Definitions 4. In this by-law, unless the context otherwise requires: (a) "Accessible" means having access thereto but which first may require the removal of an access panel, door or similar obstruction. (b) Mauthorized agent" means a person appointed to perform duties contained in this by-law by either the Band Council and/or the Band Operations Officer. (c) "band" means the Kamloops Indian Band. (d) "band administrator" means the Operations Officer or designate as established in Kamloops Indian Band By-Law #1979-3 or his/her designate.
Kamloops Indian Band Lands Mount Paul Industrial Parks Hater Works By-Law Ho. 1995-004 2 of 7 (e ) "Band Council” means the duly elected Chief and Council of the Kamloops Band of Indians which is elected - under the Kamloops Band of Indians "Custom" Election Regulations. (f) "Band Hater Service" means the portion of pipe including all water stops between' the Band main and the property line. (g ) "commercial" shall mean all buildings, non-Band Member business ventures, and locatee lessors other than Band Member residential. (h) "customer" means the legally registered and unregistered (buckshee) leaseholders or occupier of the property. (i) "irrigation use" shall mean untreated water used by customers for growing agricultural crops, orchards, commercial gardens for the sale of produce or sprinkling of Band owned parks. (j) "Kamloops Indian Band Development Corporation” means the corporation as incorporated under the B.C. Companies Act of British Columbia and incorporated November 23, 1977 and is the lawful holder of all water system pipes, reservoirs and appurtenances as described in Appendix "2" and reservoir situated on Parcel "KJ" once connecting right-of-way as described in Appendix " 3 " or which may be added to the system from time to time. (k) "locatee" means a person entitled to the use and occupation of a parcel of Reserve land duly allotted to him/her under Certificates of Possession or Notice of Entitlement. (l) "person" shall mean or include reference to any individual, firm, company, association, society, corporation, group or municipality. (m) "readily accessible" shall mean direct access without the necessity of removing or moving away any panel, door or similar obstruction. (n) residential" shall mean all single family dwellings, duplexes, semi-detached or row housing.
Kamloops Indian Band Lands Mount Paul Industrial Parks Mater Morks By-Law Mo. 1995-004 3 of 5. The following appendices form part of the By-Law are adopted: Appendix "1" Schedule of Fees Appendix "2" Plan of Mt. Paul Water System Composite Appendix "3" Survey Plan of Parcel "KJ" Appendix "4" Application for New Water Service Connection Appendix "5” Permit for Irrigation with Domestic Water Appendix "6" Application for Water Service Turn-On or Off 6. The Band is authorized to establish, maintain and operate a waterworks system and such system shall be under the control and inspection of the Band Council or their authorized agent. Watar Rates 7 (a) The rates, rents, or tolls to be paid by the customers for the use of water supplied to their premises from the Band waterworks system shall be those stated in Appendix "1". (b) The rates set out in Appendix "1" of this by-law shall be due and payable quarterly on the first day of April, July, October and January in each and very year. (c) Provisions for capital contributions may be made for Appendix "1" customers a outlined or as deemed appropriate to cover costs. (d) A charge of twelve per cent (12% simple interest rate) shall be added to the rates, rents and tolls set out in Appendix "1" inclusive of this by-law, if not paid within 30 days of the billing dates which are January 1, April 1, July 1, and October 1 of each year and further provided that the said charge of 12% shall be added to and be payable with respect to each instalment or portion thereof, in arrears, but shall not be compounded. Non- recaipt of a utility billing will not exempt the customer from payment of this penalty. (e) Any customer paying rent, rate or toll for the use of Band water shall be liable for same until he or she has given notice as outlined in Section 18 of this by-law to the band of his or her desire to discontinue the use thereof. Any service supplied for a portion of a month shall be charged as if it were a full month. Water SejvjLÇf Çopftectlon» 8. Application for water service, as set out in Appendix " 4 ", shall be made to the Band in writing on forms provided for those purposes, giving the legal description of the property to be served, the purpose for which the water is to be used and all other information that may be required in order that the correct rates, rents or tolls can be applied. 9. Upon receipt of such application, and provided that the Band's water mains are laid to within 20 metres (66 ft.) of the customer's property, the Band or it's authorized agent will tap the main and lay a service pipe to the nearest boundary of the applicant's property and for such connection the Band shall be entitled to demand and receive 50% of the cost from the applicant, a payment of based upon established amounts as established by the Band Council and/or Directors of the Kamloops Indian Band Development Corporation, as stipulated in Appendix "1" and may be changed from time to time by the Band Council.
Kamloops Indian Band Lands M B o y u n L t a w P M a o u . l I 19 n 9 d 5 u s 0 t 0 r 4 ial Parks Mater Works 4 of 7 10. Where application for water service has been made in accordance with this by-law and it is found that no Band mains are within 20 metres (66 ft.) the applicant will be responsible to pay the Band actual costs, including administration fees, to bring the water service within 20 metres (66 ft.) of property line. 11. The Band shall in every case determine the location and size of service pipe to be used, having first given due consideration to any specific requests. 12. Where a specific size of water service has been requested, and where the band cannot readily supply such service, the applicant shall have the option to: (a) accept the size of water service as determined by the Band Administrator. (b) pay in advance the appropriate cost of upgrading the Band mains to meet the requested specifications, according to the Band Administrator's estimated costs, so long as the water supply capacity is available. 13. Where the customer's request of water exceeds the Band's capacity to deliver water, then, the Band reserves the right to levy charges for water system upgrading in order to fulfill the customer's request. 14. No person except the duly authorized agents of the Band shall tap or make any connection with the Band mains, unless written authorization is given in advance by the Band Administrator. 15. No person shall connect or allow a connection to be made or permit a connection to continue to exist from the service line leading to his premises between the Band's main and the water meter without first obtaining a permit to do so from the Band Administrator. 16. (a) All customer's must keep all pipes, stopcocks and other fixtures on their premises in good repair and order and protected from frost at their own expense. (b) Where it is found that deunage has been caused by misuse or abuse to any part of the Band water service, or that service stops are not readily accessible and incur the band in costs, such costs shall be payable to the Band by the customer or person involved. 17. When any service is or is to be abandoned, it shall be sealed off by an authorized agent of the Band and for such service the Band shall be entitled to demand and receive fees at the rate of cost of sealing the service plus administration costs plus charges for overdue water fees and/or outstanding monies or penalties owing to the Band for water servipes. W ater f u r s On 9IT Qft 18. Requests for Band water for temporary construction, permanent turn on or off, shall be made as follows: (a) Application for water turn on or off shall be made to the Band as set out in Appendix "6", by the customer. (b) The procedure set out in (a) may be temporarily waived in emergencies or cases where it is impractical, or could create undue delay or hardship, provided that an application as outlined in (a) is carried out
Kamloops Indian Band Lands Mount Paul Industrial Parks Mater Works By-Law Mo. 1995-004 5 of 7 as soon as possible and in no case later than five (5) days. 19. No person except the duly authorized agents of the Band shall turn on or off any service pipe stopcock without prior written permission from Band Council or the Band Administrator. Water Meters 20. The Band Administrator may compel the use of acceptable water meters by any customer, and that the cost of the meter is to be borne by the customer and may refuse to supply water to any premises unless the customer requiring water has first: (a) Made application on the appropriate form provided as set out in Appendix ”4" or"6"; (b) Installed such meter and related equipment, at no cost to the Band;“ “ (c) Has received inspection and approval of meter installation by an authorized agent of the Band. (d) The metered water consumption rates shall be according to those set out in Appendix ”1" forming part of this by law. 21. No water meter shall be placed in connection with the Band waterworks system unless it is of a type and size approved by the Band or an authorized agent of the Band on their premises and make: (a) protection for saune from frost or other damage; (b) at all times at his or her cost, such water meter is accessible so that it may be read by an authorized agent of the Band. 22. No person shall in any way interfere or tamper with any water meter or part thereof. Any by-passes to the meter are to be eliminated at the customer's cost and the unauthorized use of by-passes will be subject to the appropriate fines, penalties and levies. 23. Provisions shall be made for water meters to be accessible at any time for repair, removal or exchange. 24. Provision, may at the Band's discretion, be made on all renovations or additions of commercial buildings for the installation of water meter and read-out equipment. Such equipment shall be installed at the customer's cost overtime determined by the Band. 25. When a meter is out of order and fails to register the full amount of water supplied or indicates that no water has been used, it shall be lawful for the Band to charge and collect on the basis of the amount of water used during the time the meter was in working order or on the basis of any other information which can be obtained to determine the amount used or the minimum fee which is charged in accordance with Appendix M1" . Water Use 26. (a) The Band is hereby authorized to suspend, regulate or stop the supply of water to any or all customers for the use of sprinkling or irrigation of lawns, gardens or
Kamloops Indian Band Lands Mount Paul Industrial Parks Hater Horks By-Law No. 1995-004 6 of 7 fields or for any other use, whenever in the opinion of the Band Administrator, public interest may require it. (b) No person shall use water supplied through the Band's domestic system to sprinkle or irrigate lawns, gardens or fields between the hours of 10:00 a.m. and 6:00 p.m. on any day from May 1st to September 30th of each year without first obtaining a permit to do so from the Band Administrator. 27. No person shall waste, lend, sell, give or otherwise dispose of water supplied by the Band or permit the water to be taken or carried away for the use or benefit of others, without first obtaining written permission from the Band Administrator, except if it is required to extinguish or prevent the spread of fire. General 28. (a) The Band retains the right to adjust the water supply pressure or to interrupt supply due to emergency conditions or for the purpose of upgrading or carrying out general maintenance. Where it is practical and time permits, notice shall be given to all customers affected where alterations of pressure or interruption of service are to take place. (b) Customers depending on a continuous or uninterrupted supply of water or having processes or equipment that require particularly clear or pure water shall, after obtaining prior written approval, provide such emergency storage, oversize piping, pumps and tanks, filters, pressure regulators, check valves and additional service pipes, or other means for continuous and adequate supply of water suitable to their requirements at their own expense. 29. (a) Any authorized agent of the Band to enforce this by-law shall have free access to all parts of eve^y building in which water is delivered and consumed after reasonable notice has been given and request made. He may make personal inspection of all pipes, taps, and related fixtures used for distributing water, if defects are found, or if any wastage of water is found to exist, then a notice will be given to have the defect remedied at the expense of the customer within a reasonable time frame. (b) If any defect or defects of which notice is given shall not be remedied within the time limit specified by the Band Administrator, he shall have authority to cut off the supply of water from the main until such time that the said defect or defects are repaired. 30. No person shall in any way interfere with or tamper with any fire hydrant or part thereof. 31. Any water connection, pipe, apparatus, fitting or fixture which is not in accordance with the requirements of this by law that cause noises, pressure surges, disturbances which may result in annoyance to other customers or damage to the water system shall not be connected or allowed to remain connected to the Band waterworks system. Penalty Section 32. (a) Every person who violates any of the provisions of this by-law or who suffers or who permits any act or thing to be done in contravention or in violation of any of the
Kamloops Indian Band Lands Mount P M a o u . l I 1 n 99 d 5 u s 0 t 0 r 4 ial Parks Watar Works By-Law 7 of 7 provisions of this by-law, who neglects to do or refrains from doing anything required to be done by any of the provisions of this by-law or who does any act which violates any of the provisions of this by-law, is guilty of an offence against this by-law, and liable to the penalties hereby imposed. Each day that a violation continues to exist shall constitute a separate offence. (b) Every person who commits an offence against this by-law is liable to a fine not exceeding One Thousand Dollars or imprisonment for a term not exceeding thirty days or both. (c) That in addition every person who violates this by-law must pay all outstanding fees, penalties and charges outstanding to the Band upon conviction. Section Ultra Vires 33. If any provision of this by-law is found invalid, such provision is severable. Regulation 34. Regulations for the installation of water service connections shall not be inconsistent with this by-law. READ A FIRST TIME the __17__ day of _January_ ., 1995. READ A SECOND TIME the __02__ day of _January_ _, 1995. READ A THIRD TIME the __02__ day of _February_ , 1995. APPROVED AND PASSED at a duly convened meeting of the Council of the Kamloops Band of Indians, held at Kamloops, this 31st of January, 1995. (COUNCILLOR Claflrence Jules Sr.) Qu'j, l/ >s*— /̂̂ PVvv, M-(COUNCILLOR Russell Casimir) (Cp)UUNNCCIIILLOR James Thomas) (Co u n c i l l o r 4xed Camille) COUNCILLOR James Casimir) ______ Chief/Councillor of the Band, do hereby Gëkrt rue copy of the foregoing by-law was mailed to the Minister lian Affairs and Northern Development at the District/Regional/Hd office p^jrsyiant to subsection 82(1) of the Indian Act, this 1995. /ell
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BY-LAW NO. 1995-004 SCHEDULE "A" - BY-LAW NO. 1995-004 WATER RATES SCHEDULE ."A" - PASS -BATE Service Sise A R n E n S u I a D l ENTIAL Charge 3/4" 20.00mm 101.60 1" 25.40mm 202.00 1 1/4" 31.75mm 296.00 1 1/2" 38.10mm 426.00 2" 50.80mm 678.00 2 1/2" 63.50mm 1,010.00 252.50 3» 76.20mm 1,484.00 371.00 4" 101.60mm 2,552.00 638.00 6" 152.40mm 5,304.00 1,326.00 8" 200.00mm 10" 250.00mm 12" 300.00mm The Base Rate is charged for each property using the water service. The Base Rate is in addition to any other charges, i.e. Minimum Users Rate, irrigation charge and/or metered charge. If a property is served by more than one water service, multiples or combinations of Base Rate may apply. The above Water Rates, Effective January 1, 1994.APPENDIX 1 Quarterly Ann C u O a M l MERCIAL Charge Charge Quarterly Charge 25.40 144.00 36.00 50.50 288.00 72.00 74.00 417.60 104.40 “106.50 606.40 151.60 169.50 965.60 241.40 1,441.20 360.30 2,117.60 529.40 3,644.40 911.10 7,578.40 1,894.60 10,118.92 2,529.73 12,659.44 3,164.86 15,200.00 3,800.00
BY-LAW NO. 1995-004 SCHEDULE "B" - BY-LAW NO. 1995-004 SCHEDULE "B" - MINIMUM USERS RATE Description Each family unit Each rentable room in boarding house Commercial: Light use 16 - 20mm Commercial: Medium use 25 - 28mm Commercial - Heavy use 50 - 300mm Each car wash bay Each 100 sq. M. office space Each rentable Hotel or Motel room Each service station bay Each seat in restaurant, bar, pub, etc. Each church or hall Each 100 Sq. M. of banquet hall Each student in school, college, etc. Each bed in hospital or care units Where two or more uses are made of a single property or building, multiples or combinations of the user rates will apply. The actual quarterly billing is the greater of the Minimum User's Rate and the actual Metered Rate. The above Minimum users Rates, Effective January l, 1994APPENDIX 1 Annual Charge Quarterly Charge 82.00 20.60 28.00 7.00 144.00 36.00 430.00 107.50 864.00 216.00 720.00 180.00 28.00 7.00 78.00 19.50 86.00 21.50 12.00 3.00 78.00 19.50 144.00 36.00 14.00 3.50 180.00 45.00
BY-LAW NO. 1995-004 APPENDIX 1 SCHEDULE "C" - BY-LAW NO. 1995-004 SCHEDULE "C" - IRRIGATION RATE Description Annual Charge For each 1,000 Sq. H. of property or 43.60 portion thereof. Where the property is only served for a portion of the year, the total annual charges will apply. For residential properties the Irrigation Rate will apply to the entire size of the property except where the terrain is such that a significant portion of the property is unusable, in which case the By-Law Officer will determine the area to be assessed. The above Irrigation Rates, Effective January 1, 1994.
BY-LAW NO. 1995-004 APPENDIX 1 SCHEDULE "D" - BY-LAW NO. 1995-004 SCHEDULE »DM - METERED RATE Description Annual Charge For each cubic meter of water 0.30 For metered customers, the Base Rate is charged in addition to the Metered Rate. The metered quarterly rate.^ becomes applicable if the actual metered charge exceeds the Minimum Users Rate for the quarterly period. The above Metered Rates, Effective January 1, 1994.
BY-LAW NO. 1995-004 APPENDIX 1 SCHEDULE "E" - BY-LAW NO. 1995-004 SCHEDULE MEM - COMMERCIAL IRRIGATION RATE Description Annual Charge For each hectare 158.50 For each stock watering outlet 227.50 Commercial Irrigation Rates shall apply as an annual charge even though the actual use may only be seasonal. mi. Commercial Irrigation Rates will be applied to the total area available for irrigation, regardless of whether the owner chooses to irrigate all or any portion of his property. Stock watering charges will be applied to each outlet available for that purpose. The above Commercial Irrigation Rates, Effective January 1, 1994.
' -,V>; *-,< ’ ' * s /" ; à F^y ̂V ^ : ? Y /:< ' ' X 1' t ’ / ■l’Xÿrî■*'': \-X X" ' . ; \v FILE.: 1995-004 r̂v. > r*v .; *:t.ï KAMLOOPS INDIAN BAWD COUNCIL RESOLUTION M : x DATE APPROVED A T COUNCIL MEETING FEBRUARY 0 2 , 1995 ■■̂ XA-jX .*v .- .'■ CENTIU^Jliv'V •. . ■;. y:, :, ,■ ■ .’ ■ , ■ " y y.' D yV I . S T ■ RI •. CT: y ' v ̂ PROVINCE ;BRITISH COLOMBIA . > ♦ v , - -S' -ÎÊMM Placeofàpprovaü : KAMLOOPS j il\ '• QUORUM: f o u r • ■ > % % :: v, ' - / . -• - . :. m>"cJ y ^X'XX'X . v • Th« Kamloop» IndtotBitd ^ -- ' ■ ' • . AMD AGREE thRtytnsta 'là R definite heed foh e By-Law respecting the constructiohKiild iregulahion of the use of public wells, cistrons, reservoirs ah^tohhervater supplies. ■ ̂ >> w. i ' . .- - « . i •' .. ; AND WHEREAS Section 81paraqraph (L) of the Jndfian Act empowers the Kamloops Indien; i^nd / ̂ a by-law with respect to the constructiony^nd;regulation of the use of public wells, cisterns, reservoirs .«^^btb^jrrwatersupplies. ... ■ .* ► r <' >*'*' * „ /' *» * . * f • AND WHEREAS Seètlôh 81 paragraph fR) of the Indian Act empowers the Kamloops IndianBand to impose a penalty for any violation of a by law made underSection 81 of the Indian Acp. BE IT KNOWN that the Council of the Kamloopslndian Band does adopt the By-law ksvâmi as the Ramloops Indian Band Mount Paul Industrial Park 'Water.;,'l<aÉkarBy-lawyMpy. 1995-004. 'y :y“ - 'X̂ TT ~~ " ■ ' ■ ■ ■ ■>- --r.V. ■ li ' V'M. •; v. COUNCILLOR. *</ COUNCILLOR COUNCILL COUNCILLOR ■ m m m x < v 4,< . ,VV J v, x:fry :-i- -y y^l ■C.v̂v'y i:-;‘k7 , ' ’ V ' : ) -ix'l) ' V ■?{.<■ w V. ' f y X : X ■
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You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.