notice of city council meeting - lethbridge

NOTICE OF CITY COUNCIL MEETING

DATE: TUESDAY, October 14, 2008 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS

A G E N D A

CALL TO ORDER 1:30 p.m. Invocation

Adoption of Minutes Adoption of Agenda Delegations, Correspondence, Bylaws, Official Business and Reports

Note: Agenda and all Communications, Bylaws and Reports for Regular Council Meetings are available from the City Clerk’s Office prior to the meeting, as well as through the City of Lethbridge Website @ http://www.lethbridge.ca

2

ANNOUNCEMENTS:

DELEGATIONS:

2:00 P.M. 1. Garth Sherwin, City Manager, re Introduction to Utility Budgets[see Communications 1]

2. Otto Lenz, Electric Manager, re 2009 Electric Rates Bylaw 5541 [see Communications 2]

3. Dave Schaaf, Waste & Recycling Services Manager, re 2009-2011 Operating Budgets for the Waste & Recycling Services, Bylaws 5543 and 5544 [see Communications 3]

4. Doug Kaupp, General Manager, Water, Wastewater and Stormwater, re 2009 Water and Wastewater Utility Rate Changes, Bylaws 5545 and 5546 [see Communications 4]

5. Doug Kaun, Utilities Services Manager, re Utility Services – Schedule “D” for 2009 – 2011 [see Communications 5]

3

COMMUNICATIONS (Copies Enclosed)

IINNTTEERRNNAALL CCOOMMMMUUNNIICCAATTIIOONNSS

R.D. 1. From Garth Sherwin, City Manager, re 2009 - 2011 Budget Schedule

B.A.L. 2. From Otto Lenz, Electric Manager, re Electric Utility – Distribution Tariff Bylaw 5541 for 2009

J.H.C. 3. From Dave Schaaf, Waste & Recycling Services Manager, re 2009 – 2011 Operating Budgets for the Waste & Recycling Services, Bylaws 5543 and 5544

R.K.P. 4. From Doug Kaupp, General Manager, Water, Wastewater and Stormwater, re 2009 Water and Wastewater Utility Rate Changes, Bylaws 5545 and 5546

K.E.T. 5. From Doug Kaun, Utility Services Manager, re Utility Services – Schedule “D” for 2009 – 2011

R.K.P. 6. From Stephen Burnell, Traffic Operations Manager, re Squamish Boulevard Short Term Traffic Improvements

TENDERS/REQUEST FOR PROPOSAL

J.H.C. 7. From Garth Sherwin, City Manager, re Request for Quotation: EQ-08-52; Automated Side Loader Refuse Truck

S.G.W. 8. From Garth Sherwin, City Manager, re Invitation to Tender: C-08-23; RiverStone Phase 13 and SunRidge 3C & SunRidge Offsite Sanitary Sewer Underground Utilities and Surface Improvements

R.D. 9. From Garth Sherwin, City Manager, re Sole Source: EQ-08-62; Simco 2400 Drill Team

4

COMMUNICATIONS (Continued) (Copies Enclosed)

EXTERNAL COMMUNICATIONS

T.H.W. A. From Eric & Marni Anderson, Concerned Citizens, re Traffic Concerns, Southgate Boulevard (34th Avenue) and 43rd Street South

T.H.W. B. From Harry Long, Concerned Citizens, re Traffic Concerns, Southgate Boulevard (34th Avenue) and 43rd Street South

T.H.W. C. From Ron Stevens, QC, Deputy Premier and Minister, Alberta International and Intergovernmental Relations, re Expansion of the Trade Investment and Labour Mobility Agreement (TILMA) to expand to Schools, Hospitals and Municipalities (MASH Sector)

5

BYLAWS: FOR FIRST READING: • BYLAW 5541 – To establish the 2009 Electric Distribution Tariff

• BYLAW 5543 – To provide for the Reception, Processing and

Marketing of Recyclable Materials

• BYLAW 5544 – Replacement of Bylaw 5350, Provision of Waste Services

• BYLAW 5545 – Amendment to Bylaw 3999, the Water Service

Bylaw

• BYLAW 5546 – Amendment to Bylaw 3250, the Sewerage Service Charge Bylaw

OFFICIAL BUSINESS: B.A.L. • Committee Evaluation Process

REPORTS (Consent Items) The following listed items are considered to be routine and are indicated on the Agenda by an asterisk (*). These agenda items will be covered by one resolution with the exception of any items City Council may wish to debate separately. B.A.L. *1. Tender Summary Report for the Month of September, 2008

*2. Follow-Up Action List

INCAMERA REPORTS:

• Personnel Issues (FOIP Section 23) • Advice from Officials (FOIP Section 24)

2009 – 2011 BUDGET SCHEDULE FOR CITY COUNCIL

October 14, 2008 (Tuesday) Regular City Council Meeting

• City Manager Introduction to the Budget

• Utility Presentations

• 1st Reading Utility Rate Bylaws

November 3, 2008 Finance Committee Meeting - Public 10:00 A.M. to 4:00 P.M

• Budget Presentation by the City Manager

• Presentations by: Lethbridge Regional Police Service Lethbridge Public Library Galt Museum & Archives

November 4, 5 & 6, 2008 6:00 P.M. to 9:00 P.M

• Budget Story Boards

• November 4 – City Hall, 910 – 4 Avenue South

• November 5 – Park Meadows School, 50 Meadowlark Boulevard North

• November 6 – Children of St. Martha’s, School, 206 McMaster Boulevard West

November 17 – 21, 2008 Finance Committee Meetings 9:00 A.M. to 4:00 P.M.

• Presentations by Leaders and Business Unit Managers

• Review of 2008 Year End Forecast

• Overview of New Initiatives

• Resolution Debate

November 24, 2008 • Budget Approval

1

Date of City Council Meeting: October 14, 2008

Subject: Electric Utility - Distribution Tariff Bylaw for 2009.

Submitted By: Otto Lenz, P.Eng., Electric Manager.

RECOMMENDATION: The Electric Distribution Tariff Bylaw 5541 is presented for

first reading.

PURPOSE: The Electric Utility Act, 2003, allows for the establishment of

a distribution tariff to collect fees required to provide customers access to the City of Lethbridge distribution system, as well as access to the provincial transmission grid. The attached Distribution Tariff Bylaw provides the means by which these fees are collected.

IMPLICATION OF RECOMMENDATION

GENERAL: The Distribution Tariffs for 2009 have generally been

increased to accommodate revenue requirements related to the 2009 to 2011 budget. A modification to the existing structure (Rider A and Rider B) is proposed as well as the creation of a new rider (Rider C) to recover transmission access costs efficiently.

ORGANIZATIONAL:

FINANCIAL: As outlined in the powerpoint presentation.

IMPLICATION/ COMMUNICATIONS:

BRIEFING SHEET

Legislation & Policy Electric Utility Act, 2003.

Distribution Tariff Regulation 6/2004.

REQUEST FOR DECISION

2

Plans

Options

Recommended Option

Public Participation

Risk Analysis

Reports / Documents Supplementary information regarding the proposed changes

includes : Powerpoint presentation entitled : 02 DT Bylaw 1st Reading Council 20081014.ppt

Submitted By: ___________________________

Reviewed By: ___________________________

City Treasurer: ___________________________

City Solicitor: ___________________________

Reviewed & Endorsed by City Manager: __________________________________

City Manager’s Comments: ______________________________________________

______________________________________________

______________________________________________

Revision Date & Time: October 8, 2008

Department:Program:

2009 2010 2011Revenue decrease (increase) -$ -$ -$ Expenditure increase (decrease) 75,300 78,000 82,050 Net Expenditure 75,300$ 78,000$ 82,050$

PermanentNon-permanent

66890.5020.100 Wages 54,600$ 57,300$ 60,200$ 66890.5125.100 Employer Contributions 12,200 12,800 13,500 66890.5235 Car Allowance 500 500 500 66890.5240 Training and Education 5,000 5,250 5,500 66890.5400 Memberships and Subscriptions 500 550 600 66890.5435 Supplies 2,500 1,600 1,750

75,300$ 78,000$ 82,050$

Funding Source:

Infrastructure Services - ElectricAM/FM Support Employee

New Program Initiative

Effect on person years

Objective's): (What issue are you trying to address)The technical support group is utilizing this initiative to provide support to design and system control groups. This position would validate and update data within current data systems. Support and updating of the Transmission and Dark Fibre models will be provided.

Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal's))This initiative is aligned with the Financial Asset Management goals. The development of accurate asset information will provide the mechanism to do proactive maintenance and system value. This knowledge will also ensure a high level of public and employee safety is maintained. The plan is a proactive action allowing the City of Lethbridge to be an industry leader in the electric field.

Background: (including underlying assumptions, historical context and data to support the initiative)With the development of the GIS system there was the need to use the best information available. This information was dated and incomplete. The use of the data allowed the project to be completed in a reasonable amount of time. This update can now be completed at a pace set by the department. There is also a requirement to introduce the Transmission and Fibre models into the ArcFM environment. With out this position we would require the use of highly skilled individuals to the detriment of required development projects.

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative)I propose to set up one new term fulltime position (three years) to start immediately. The position would ideally be filled with an individual with utility experience but based on the current job market this is unlikely. By hiring someone immediately we have some additional flexibility to train an individual with no utility experience. The new employee would be trained by the senior staff.

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective's) above)The performance of this initiative would be measured by the electric technical groups ability to successfully update the data with aminimal drop-off in work order production and quality and provide asset value data to the CAM and Asset components of the JDEsystem.

Department:Program:

2009 2010 2011Revenue decrease (increase) -$ -$ -$ Expenditure increase (decrease) 115,486 124,165 Net Expenditure -$ 115,486$ 124,165$


67304.5020.100 Wages 52,063$ 55,976$ 67304.5125.100 Employer Contributions 11,454 12,315 67560.5020.100 Wages 28,398 30,532 67560.5125.100 Employer Contributions 6,248 6,717 67561.5020.100 Wages 14,199 15,266 67561.5125.100 Employer Contributions 3,124 3,359

-$ 115,486$ 124,165$

Funding Source:

Infrastructure Services - ElectricOPS Data Technician



Objective(s): (What issue are you trying to address)The Electric Operations department is putting forward this new initiative as a result of increasing reliance upon data systems to run the electric utility. Metering databases and work order systems, GIS mapping, SCADA applications, digital relaying and protection systems, and the communication systems required to move data to where it is required have all grown at an extremely high rate over the past 5 years.

Although we have been successful in implementing and operating many significant data initiatives over the past 5 years, this has been accomplished with the skills of a single individual from the operations side of the electric utility. Because our essential service is required 365 days of the year we must ensure we have a second technician in place as back up.

Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s))This initiative is aligned with the business unit goal of system reliability. Without the appropriate data technician skills in place Electric Operations will be at risk of not being able to respond in a timely fashion to electric system outages.

Background: (including underlying assumptions, historical context and data to support the initiative)Although the electric utility has been using a variety of electronic systems for many years, the activities have been mainly focusedin the Design and SCADA areas where only a few employees were impacted by the advancing technologies. By providing these employees with the appropriate training they were able to work well with the technology.

With the addition of metering functionality in 2006 and the transition of our distribution mapping system from paper to digital GIS nearing completion, we will be introducing a step change in how all of our staff interact with the electric system. It is critical that these new systems and our current staff are well supported to enable them to find and assess system information in a timely fashion.

In addition, transmission substations are an area where technology advancements have been very rapid over the past five years. This trend will continue as 20 to 30 year old protection and control systems are upgraded during the next 10 year capital program with new digital systems.

Today, Electric Operations has one employee who is responsible for supporting all data systems in the field. We would be at great risk today if this employee was to become unavailable for significant periods of time.

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative)The hiring of this position can proceed as soon as possible. It is recognized that there are limited people with the combined skill sets that are being recruited here. There will be significant training required of any candidate to round out there skills to support the systems we currently operate.

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above)Success will be measured by the ability to support existing systems and operations staff as new digital technologies become fully integrated into the workplace.

Department:Program:



67264.5020.100 Wages 99,174$ 106,600$ 67264.5125.100 Employer Contributions 21,818 23,452

-$ 120,992$ 130,052$

Funding Source:

Infrastructure Services - ElectricSafety / Trades Trainer



Objective(s): (What issue are you trying to address)The objectives of this new position are to:

Provide new apprentices, new employees, and existing employees with a defined resource to assist them in verifying and advancing their competencies in power line work.

Ensure that industry best practices are being employed in the construction, maintenance, and operation of the Electric Utility in order to increase safety and efficiencies.

Provide timely Safety Codes inspections of Electric Utility construction to meet the requirements of the Safety Codes Act of Alberta.Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s))This initiative is aligned with the business unit goals of safety and efficiency. A well trained staff with verified competencies is the only way we can work safely and efficiently within the high voltage energized system.

Background: (including underlying assumptions, historical context and data to support the initiative)We need to increase our abilities to bring on new staff and train them to a competent level as retirements will result in 30% to 50% of the current Electric Operations staff leaving over the next five years. Although we are actively recruiting Journeyman level employees, it is recognized that we will also need to hire a significant number of apprentices and train them to meet our manpower requirements over the next 10 years. The Safety / Trades Trainer will be a defined resource who will facilitate specialized training sessions and work alongside crews to ensure they have a resource to receive ongoing training.

Electric Operations has not had consistent "best practices" upgrade training in the past for trades personnel. As a result, the department has not kept up with many of the advancements in work and safety methods which are now considered industry standard. Budget has been requested to provide best practice educational material and training by an accredited high voltage training specialist. Beyond the formalized training, it will take consistent re-enforcement from the Safety / Trades Trainer for the newly trained skills to become the good habits of both new and existing staff.

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative)The Safety / Trades Trainer will spend significant time in the field working with crews to verify and improve their skills. In additioncrew observations will define where further training or new methods are required to keep crews working at high efficiencies. The Trainer will also require time in the office interacting with the high voltage training specialist, putting training materials together, and specifying / purchasing new tools and equipment.

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above)The success of this initiative will be measured by the establishment of programs to verify and upgrade trade competencies for both new and existing employees working within the electric utility.

Department:Program:



67264.5020.100 Wages 99,174$ 106,600$ 67264.5125.100 Employer Contributions 21,818 23,452

-$ 120,992$ 130,052$

Funding Source:

Infrastructure Services - ElectricSystem Patroller / Maintenance Planner



Objective(s): (What issue are you trying to address)The Electric Operations department is putting forward this new initiative in order to ensure that an accurate assessment of the condition of existing electric utility assets is captured in a timely fashion. With the assessment data captured the patroller will become the maintenance planner. Based on the proven field competencies of the Patroller / Maintenance Planner, a list of prioritized projects that will maintain and / or enhance the reliability and safety of the electric utility will be generated. The prioritized list will then be communicated to the Electric Design department to define work orders to effectively address the issueson the maintenance list.

Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s))This initiative is aligned with the Financial Stewardship and Safe Community goals. By providing accurate and thorough patrol data the electric utility can insure the public safety of existing assets and focus maintenance and upgrade project funding in required areas based on the knowledge of a senior field foreman.

Background: (including underlying assumptions, historical context and data to support the initiative)To date patrol data has come into the electric utility as a result of staff observations while actively working on the system. Because there has never been a formalized process to capture these observations only the issues related to imminent public safety have been dealt with in a timely fashion. Given the age of the electric system infrastructure (the majority of the system installed between 1960 and 1980) it is becoming increasingly important to take a proactive role in patrolling and planning maintenance activities to ensure continued reliability and safety.

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative)In order to pursue this initiative we must be successful at attracting new journeyman Power Line Technicians to our system. During the last operating budget cycle (2006-2008) we attempted to have a full time patroller but due to capital work load within the system and a shortage of qualified Power Line Technicians we have only been able to keep a staff member in a patrol roll for 3 months out of the year.

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above)Success of this initiative will be measured in our ability to complete timely patrols and generate a prioritized maintenance plan for electric design. Drive by patrols will be completed every two years and detailed patrols every five years.

Electric Budget Summary (2009 – 2011) 8-Oct-2009 Page 1/3

Budget Summary The 2009-2011 budget is increased from the 2008 budget numbers. The key drivers of this change are (listed in order of impact) :

1. Staffing and Wages. The IBEW wage settlement included increases for 2008, 2009 and 2010.

The 2008 increase, in particular, was significant. The current collective agreement expires in 2010; a forecast is used for 2011.

Staffing has been an issue – Electric currently has 7 vacancies and is having difficulty recruiting for these positions. This appears to be an industry wide issue. As a result, budget amounts for contractual services, training and education are significantly higher in the 2009-2011 budget (compared to 2008).

Included in the budget (and corresponding Distribution Tariff) are 4 new initiatives (listed below in a separate section). These have an impact on the budget figures as presented.

2. Corporate Allocations. Corporate allocations and interdepartmental costs are increasing

significantly. The largest increase results from costs related to the new Public Works complex. Equipment rental costs are increasing.

3. Deferred and New Capital. In 2007 and 2008, several capital projects were deferred – the reason is

related primarily to resources and the staffing issue addressed above. Electric is forecasting that these deferred projects will be completed in the 2009 to 2011 timeframe.

Although Capital funding is not contained in the operating budget for Electric, the completion of capital projects does have an impact. Depreciation, Return on Investment and Linear Tax accounts increase as a result of capital work.

4. Transmission Services. Transmission services includes the charges paid to the province for

transmission access. A new provincial rate went into effect August 1, 2008 and has a nominal effect on budget amounts.

In addition, accommodating a rate rider attached to the provincial rate is becoming problematic. This particular issue is not included in the budget amounts, but is addressed separately through the addition of another rate rider to the Electric Distribution Tariff. Details on this issue are included in the presentation package.

4. Other Factors. A variety of other factors cause increases from 2008. Inflation has an

impact on supplies, materials and overheads. Income tax and Customer Service are new charges (compared to the original 2008 budget numbers).


New Initiatives A copy of the new initiatives is included in the presentation package. Although these initiatives have been included in the 2009 – 2011 budget numbers (for logistic purposes related to other regulatory work complementary to the budget process), Council can elect to remove these initiatives from the budget. Further clarification is included below. 1. New ‘Support’ Employee.

A new AM/FM (Automated Mapping/Facilities Management) or Support employee is requested. Succession planning, difficulties in recruitment, training issues and additional work load are factors requiring an additional resource.

Should Council elect to remove this initiative from the budget, it has approximately a 0.135% impact to the proposed Distribution Tariff for 2009 (or slightly more than 1/10 of 1%), and the same effect in 2010.

2. New ‘Operations’ Technician. The second new initiative is required for similar reasons (risk

management, planning and additional work load) - but, instead of in our Support group, this Data Technician will be located at Operations. There is currently only one individual assisting our line crews with the use of new technology and as the use of these systems grows, one individual is insufficient. Currently, the absence of this position is adversely affecting the efficiency of other staff to a significant degree.

3. New ‘Operations’ Safety/Trades Trainer. Current requirements with respect to Safety Codes work (safety

certifications and field inspections) are currently being deferred or are not being satisfactorily accommodated – primarily as a result of staffing issues. Recruiting difficulties require positions to be filled with junior staff (instead of fully qualified individuals). As a result, significant in-house work in terms of supervision and training are required – an additional position is required to ensure that these issues are appropriately addressed.

4. New ‘Operations’ System Patroller/Maintenance Planner. Preventive maintenance policies – (for example, line inspections and

annual thermographic scanning) – are, in some cases, not being completed. Some of these activities are related to regulatory compliance requirements. The current difficulties stem primarily from a staffing/vacancy issue, and to a lesser degree, from an increased work load. An additional position is required to address this situation.

In terms of the last 3 new initiatives, should Council elect to remove these, they will have an impact of about 1.24% in 2010.


Rate Impacts Increases represent the percentage increase to the Distribution Tariff only (Energy and GST on Energy is not included; Riders A, B, and GST on the Distribution Tariff are included). In terms of the total customer bill (including Energy and GST), the average increase is approximately 0.65%. Note : The increases would have been significantly larger (averaging 5.2%) but an announcement by the Balancing Pool of Alberta on October 7, 2008 increased the Rider B credit from $0.0050 to $0.0065 effective January 1, 2009. Note : No allowance for the additional rider (Rider “C”) being proposed is included since the value of this rider is currently unknown. Further information regarding this rider is included in the presentation.

Distribution Tariff (Rate) 2009 increase

Residential (Rate 911) (650 KwHr) 1.81 %

Small Commercial (Rate 994) (28 Kw, 5800 KwHr)

2.53 %

Large Commercial (Rate 995) (200 Kw, 52000 KwHr)

1.34 %

Industrial (Rate 996 – secondary) (750 Kw, 240000 KwHr)

1.69 %

Industrial (Rate 997 – primary meter) (2300 Kw, 750,000 KwHr)

1.81 %

Street Light (Rate 998 – Public lighting) (540,000 KwHr)

2.50 %

Flat Rate (Rate 999 – unmetered) (260 KwHr)

1.99 %


Subject: 2009-2011 Operating Budgets for the Waste & Recycling Services

Submitted By: David Schaaf, PMP, P.Eng, Waste & Recycling Manager

RECOMMENDATION: Administration recommends that the 2009-2011 Budgets for

Waste and Recycling Services be referred to the Finance Committee. And further, that City Council direct provide first reading for Bylaw 5544 the Waste Services Bylaw and first reading for Bylaw 5543, the Recycling Service Bylaw.

PURPOSE: To provide budget recommendations for the 2009-2011

budget period that ensures the continued operation of the Waste & Recycling Services for the next three years


GENERAL: The City of Lethbridge, through Waste and Recycling

Services, provides the community with an integrated and sustainable waste management system so as to maintain a clean, healthy, urban environment. Services are provided to a base of 32,000 residential customers and 800 commercial customers. The core businesses within Waste Services include residential waste collection, commercial waste collection and variety of ‘Clean Community’ programs. The core businesses within Recycling Services include Waste Prevention programs (composting, grass cycling) Waste Diversion programs (recycling, toxic roundup, chipping, electronic waste, paint recycling) and Customer education. The focus of Regional Landfill is to provide a long term, environmentally sound disposal site. The core businesses include managing regulatory compliance, managing site operations contracts and managing customer relationships, and designing revenue strategies in a competitive environment.


ORGANIZATIONAL: N/A

FINANCIAL: To meet 2009-2011 revenue requirements for Waste &

Recycling Services, it is recommended that rates be adjusted as per the details provided in the attachment "Waste & Recycling Services 2009-2011 Budget Overview "


All landfill account customers will be informed by direct mail the proposed landfill disposal rates. Communications have been sent to the owners of the apartment buildings and the condominum associations with regards to the introduction of the waste program fee and the concept of centralized billing for recycling services and the landfill utility charge, where waste services are centrally billed.

BRIEFING SHEET

Legislation & Policy Introduction and approval of the Waste Services Bylaw 5544

to replace Bylaw 5350; and approval of Recycling Servics Bylaw 5543 to replace Bylaw 4555. The Waste Service bylaw & Recycling Services bylaw have been update to reflect Council resolution 650-E, which approved the introduction of the waste program fee and concept of centralized billing.

Plans N/A

Options N/A

Recommended Option N/A

Public Participation N/A

Risk Analysis N/A

Reports / Documents 1. Presentation

2. 2009-2011 Budgert Overview - Waste & Recycling Services 3. Request for Decision on Waste Program Fee - May 26/08 4. May 26, 2008 Resolution 650-E - Waste Program Fee 5. New initiatives for Waste & Recycling Services

Submitted By: ___________________________

Reviewed By: ___________________________

City Treasurer: ___________________________

City Solicitor: ___________________________



______________________________________________

______________________________________________

Revision Date & Time:

October 8, 2008

For Submission to October 14, 2008 Council Meeting

His Worship the Mayor and Members of City Council Re: Waste & Recycling Services 2009-2011 Budget Overview Introduction:

Administration has prepared a three-year budget for the Waste and Recycling Services for City Council's consideration and approval. The following submission provides an overview of the budget for Waste Services and the anticipated rate changes. Administration will be making a presentation to City Council in order to explain the details of the budget and to answer any questions Council may have.

Background Information:

The City of Lethbridge, through Waste and Recycling Services, provides the community with an integrated and sustainable waste management system so as to maintain a clean, healthy, urban environment. Services are provided to a base of 32,000 residential customers and 800 commercial customers. The core businesses within Waste Services include residential waste collection, commercial waste collection and variety of ‘Clean Community’ programs.

Recycling Services is to provide Waste Prevention and Waste Diversion program that meet the objectives of sustainability. The core businesses include Waste Prevention programs (composting, grass cycling) Waste Diversion programs (recycling, toxic roundup, chipping, electronic waste, paint recycling) and Customer education. The focus of Regional Landfill is to provide a long term, environmentally sound disposal site. The core businesses include managing regulatory compliance, managing site operations contracts and managing customer relationships, and designing revenue strategies in a competitive environment. The site is a regional site. It provides services to residents and businesses in the City of Lethbridge and to a number of municipalities that spread north to Vulcan, east to Taber and as far west as the Regional District of East Kootenay

Pressures and Challenges During the design and review of the 3 year operating budget, a number of budget pressures were identified. It is forecast that the cost of providing Waste Services will be $1.43M greater than the cost of delivering services in 2008. The key budget pressures are: 1. Significant increases in fuel costs have resulted in higher fleet rental costs ($250K) 2. Community growth has resulted in increased new residential construction. This has

increased the number of carts to be purchased to provide waste collection for these homes. ($135K)

3. Staffing costs are a significant portion of the waste collection budget. ($490K) 4. A fund is in place to collect funds for the replacement of the waste cart at the end of their

life. In 2009 the remainder of the city (9000 homes) will be receive waste carts as part of the last phase of automated cart implementation. This was approved as part of the 2008-2017 CIP. ($30K)

5. Waste is collected through residential collection, commercial collection and the large item services. Higher expenses result from increased waste volumes and higher landfill tipping fees. ($200K)

6. Increased debt servicing results from the purchase of carts and trucks ($1.75M) for the 2009 implementation of automated collection final phase. ($315K)

It is forecast that the cost of providing Recycling Services will be $520K greater than the cost of delivering services in 2008. The key budget pressures are: 1. The branch chipping program has seen a significant increase in the contractual costs. Costs

have increased from $110/tonne in 2004 to $250/tonne in 2008. Continued increases are expected. ($100K)

2. Backyard composters are promoted as a means of managing kitchen and yard organics at your residence. To support this method the city sells backyard composters. The truck load sale creates a one time promotion event and provides availability of composters for the next 3 years. ($50K)

3. The recycling depots are managed through a service cost. The increase results from contractual service costs. ($40K)

4. The yard waste sites were an initiative in the 2006-2008 budget. A single site was set up in the spring of 2006. The success of that site led to the establishment of 2 additional sites in the fall of 2006. Excellent community participation resulted in 110 tonnes being diverted in 2006; 320 tonnes in 2007 and an estimate of 1000 tonnes in 2008. ($150K)

5. Grass cycling initiative to increase participation using social marketing techniques. ($125K) It is forecast that the cost of providing Landfill Disposal Services will be $3.04 M greater than the cost of delivering services in 2008. The key budget pressures are: 1. All major services at the landfill are provided by contractors. This includes site operations,

scaling operations and engineering support. ($720K) 2. In addition to the original debt to purchase the landfill, additional debt load has been added.

New debt includes - Compliance approval project ($3.0M in 2008); construction of a 3 year

waste cell in 2011(cost of $3.2M in 2008 to $4.7M in 2011); Master plan ($350K in 2008); Surface water management ($570K in 2009); Landfill gas management ($450K in 2010). ($1.475 M)

3. Funds are allocated for the closure of the landfill, and for ongoing site management after the site is closed. This fund also covers costs associated to the 2 closed landfills. ($215K)

4. Environmental management is an important ongoing management aspect of the landfill. New projects include: landfill gas management ($100K in 2009); surface water management system design ($100K in 2009): approval for site expansion to ensure long term capacity ($100K in 2009, $150K in 2010); Class 3 closure design ($65K in 2010). Offset funding is provided from the accumulated surplus for some of these projects. ($50K)

5. By financial policy, 10% of landfill revenues are retuned in support of taxation. ($180K) 6. The business unit has changed the way that overheads are allocated. The new allocation

model has increased overhead costs for the landfill, which reduce the overhead costs for waste & recycling. This allocation is a better representation of costs associated to the business unit. ($325K)

Relief options to Base Budget The following are options for consideration that can result in relief to the base budget: Waste 1. The base budget Waste Services was created assuming that MSI funding would be used to

fund utilities share of the redesign and construction of the public operations building. The provides a relief of $7.2M. Elimination of MSI funding support would increase the rates fore Residential Waste Collection by an additional $.40/mo in 2009; $.85/mo in 2010; and $.90/mo in 2011.

2. There is the option of using MSI funding for the capitol portion of the automated collection program. This would provide relief of $.60/mo to the Residential Waste Collection rate. The required increase to support base budget would to $1.50/mo in 2009 with no increase in 2010 or 2011. Eligible costs for this project are $1.75M.

3. On May 26, 2008 City Council approved the implementation of a Waste Program Fee. The recommendation contained 2 elements – (1) create a Waste Program Fee; and (2) change the billing model to allow centralized billing for Recycling Services and for the Landfill Utility Charge where waste services are centrally billed to ensure that all residential customers pay for and have access to all residential waste programs. These residential programs consist of Clean City Campaigns, Free Saturday Disposal and the Large Item Service. The issue arises where there are residential customers receiving commercial waste services ; and where the individual customer does not have a billing profile with the city. Typically these customers reside in apartments, condominiums and some four plexes.

Recycling 1. The base budget has been structured to include the grass cycling initiative. Elimination of

this initiative will provide rate relief of $.20/mo in 2009; & $.40/mo in 2010. The Residential Recycling Rate would be increased to $3.40/mo in 2009, with no further increase in 2010 or 2011.

2. The grass cycling initiative may qualify for grant funding through Federation of Canadian Municipalities (FCM) or Alberta Environment.

3. The current branch chipping program has seen significant increases in the cost of services provided by the contractor. This program will be reviewed for options to maintain a suitable level of service well better managing costs.

Landfill 1. The base budget includes funding for the initiative to hire additional support staff for the

landfill. The elimination of the initiative would provide relief to the landfill tipping fees of $.50/tonne in 2009 & 2010.

2. The landfill is experiencing strong increase in the volume of waste brought into the landfill. Waste volumes increase by 12% from 2006 to 2007. Higher than anticipated tonnage has resulted in revenue surpluses for the last number of years. Whereas increased volumes increase revenues, this also decreases the life expectancy of the landfill.

New Initiatives To continue to meet customer needs, regulatory requirements and the business direction described by the business plan, Waste & Recycling Services has proposed five new initiatives for City Council’s consideration: 1. Expand Grass Cycling participation through social marketing techniques

Yard Waste is 30% of the residential waste stream. The largest single component of this waste stream is grass. A desired option is to mulch the grass back into the lawn. The City has been promoting grass cycling for a number of years. The promotion has been through the use of standard education and communication tools. Even with our promotion efforts, there is still as significant amount of grass that is collected and deposited into the landfill. Organics in the landfill are the largest contributor to the generation of methane gas in the landfill. Methane gas contributes to the generation of green house gases. One unit of methane is equal to 24 units of carbon dioxide. The largest single source reduction of green house gases for municipalities can result from reducing (by diverting organics) or collecting the methane gas produced at the landfill.

The intent of this initiative is to design and launch aggressive social marketing campaign that will result in a change in attitude and behaviour toward grass cycling and realize increased participation in this program. A consultant will be selected in 2009 ($80K) to design a social marketing program and implementation plan. The program will be implemented in 2010 ($175K) and 2011 ($125K). The base budget and recommended rate increase includes the cost of this initiative.

2. Organics Management

Yard Waste is 30% of the residential waste stream. Yard waste consists of grass clippings, branches, garden clipping and leaves. This review will assess and make recommendations on:

the current chipping program and other options to managing branches The current yard waste sites and options to dealing with siting, capacity and

servicing issues. Options to managing leaves. Consideration will be given to creating a fall leaf

collection program, which will utilize the existing resources of the Large Item Service.

This initiative will be funded from within the current operating budget. Options for managing organics and recommendations will be presented to City Council for their consideration by February 1, 2009.

3. Landfill Composting Pad

In the 2006 - 2008 Operating Budget, initiative N-28 was approved for a three year pilot to investigate alterative processing techniques for grass clippings and leaves. In the spring of 2006 a single grass drop-off site was piloted to collect grass clippings. The pilot was well received by the community and was expanded in the fall of 2006 to include two additional drop-off sites, and the sites began accepting other yard waste including leaves. Waste & Recycling Services worked with Parks Operations to have the material passively composted at their soil storage site. The pilot has had very good participation: 2006 - 109,000 kg 2009 - *1,000,000 kg *denoted projected weight 2007 - 314,000 kg 2010 - *1,100,000 kg 2008 - *500,000 kg 2011 - *1,200,000 kg A significant increase in weight in 2009 is projected due to the final phase of implementation of the automated waste cart collection program. The carts create the equivalent of a bag limit. Growth should level off starting in 2010. The Parks Operations soil storage facility is insufficient to meet processing requirements on an ongoing basis. The proposed composting pad is not intended to accept feedstock from large business, agricultural process, or any food waste. Inclusion of these materials may require additional capacity and/or regulatory approval. There would be a one time cost of $150K for design & construction in 2009, then and annual operating cost of $10K. The design and construction will be funded from the landfill accumulated surplus. The increased operating costs are included in the base budget.

4. Landfill Footprint Expansion Approval Process

The City of Lethbridge owns and operates the Lethbridge Regional Landfill. The landfill provides safe, environmentally sound waste disposal for over 140,000 people in some 14 communities. Waste disposal in the landfill has been steadily increasing in recent years, and in 2007 over 170,000 tonnes of waste and recyclables were processed in the facility, including 140,000 tonnes that was disposed of in the class II landfill. Based on recent rates of growth the current permitted class II landfill will be at capacity in between 12 and 15 years. In late 2008, Waste & Recycling Services will undertake a Landfill Master Plan to address the communities short and long term disposal needs. As part of the Master Plan process an application will be made to Alberta Environment for expansion of the landfill. Expansion applications tend to expose community sensitivities and it is expected that there may be some local opposition to this plan. There will be significant emphasis on community engagement, consultation, and negotiation if required. These activities may extend the duration of the process. It is anticipated that the engineering design and regulatory process will take up to 3 years to obtain approval for expansion. Budget cost of $100K in 2009 and $150K in 2010 will be funded from the landfill accumulated surplus. There is no effect on rates.

5. Waste & Recycling Services Engineer

Waste & Recycling Services currently has one permanent full time staff associated with waste processing infrastructure planning and development. The most significant piece of waste processing infrastructure the City currently owns is the landfill. Landfill disposal growth and an increasingly onerous regulatory framework have placed increasing demand on existing staff. The current staff complement has made it difficult to proactively approach safe and efficient management and development of processing infrastructure. Some critical work assignments that are being considered for development during the next 3 years include; a comprehensive landfill master plan, application to expand the landfill, installation of construction and demolition collection infrastructure, landfill gas baseline study, scale house improvements, development of surface water management infrastructure, cell development, class III landfill closure design, and the installation of a composting pad. This initiative will have an ongoing cost burden of $100 per year. The base budget and recommended rate increase includes the cost of this initiative.

6. Waste Reduction Master plan

This master plan was presented to City Council in the spring of 2008. Based on the master plan a number of other initiatives have been structured. These will be presented to the Environment Committee for further discussion and direction. The initiatives include: (1) Residential curbside pilot; (2) Technical support – business recycling; (3) Technical support – Construction & Demolition diversion; and (4) City Leadership.

Waste and Recycling Services Budget The total utility budget requirements are 2009 - $14.39 Million 2009 - $15.38 Million 2009 - $15.92 Million

Waste Services

Program 2009

2010 2011

Residential Collection $4,210 K $4,580 K $4,775 K Commercial Collection $795 K $800 K $830 K Clean City Programs $175 K $180 K $185 K Total Program Budget $5,180 K $5,560 K $5,790 K

Recycling Services

Program 2009

2010 2011

Waste Prevention Programs

$190 K $245 K $180 K

Waste Diversion Programs $1,230 K $1,295 K $1,385 K Total Program Budget $1,420 K $1,540 K $1,565 K

Landfill Operations

Program 2009

2010 2011

Disposal Programs $7,790 K $8,275 K $8,565 K Total Program Budget $7,790 K $8,275 K $8,565 K

Submission Implications:

To generate sufficient revenue to support the operating expenses Waste and Recycling Services is proposing the following rate changes for the 2009-2011 budget:

Waste Services

Program 2009

2010 2011

Residential Waste Collection – 5 bag cart $13.35/mo $13.60/mo No change Residential Waste Collection – 3 bag cart $11.60/mo $11.85/mo No change Waste Program Fee $2.10/mo $2.20/mo No change Commercial Collection 20% increase 10% increase 10% increase

Recycling Services

Program 2009

2010 2011

Residential Recycling Services $3.60/mo $3.80/mo No change

Landfill Operations

Program 2009

2010 2011

Municipal Solid Waste Tipping Fee $44.50/tonne $48.00/tonne $50.00/tonne Special Waste Tipping Fee $57.50/tonne $61.00/tonne $63.00/tonne Recyclables $22.25/tonne $24.00/tonne $25.00/tonne Landfill Utility Customer Charge No Change No Change No Change

David Schaaf, P.Eng, PMP Waste and Recycling Services Manager

City Council Meeting Monday, May 26, 2008 • Dave Schaaf, Waste and Recycling Manager, re Waste & Recycling Services Billing Review

530 650-E

R.K. PARKER:

BE IT RESOLVED THAT Administration make changes to the billing model for Waste & Recycling Services that would allow for a Waste Program Fee to be applied to those residential customers receiving commercial services (e.g. condominium complexes and apartment buildings) AND FURTHER BE IT RESOLVED THAT the Waste Program Fee be set at $2.00/month per unit, based on current budget information and that the fee be reviewed as part of the 2009-2011 budget process AND FURTHER BE IT RESOLVED THAT centralized billing of Waste & Recycling Fees commence effective January 1, 2009 AND FURTHER BE IT RESOLVED THAT the Waste Services Bylaw 5350 and the Recycling Services Bylaw 4555 be amended to include a Waste Program Fee and allow for centralized billing AND FURTHER BE IT RESOLVED THAT Mr. Schaaf be thanked for his presentation.

-------------------------CARRIED ACTION: City Solicitor, City Treasurer, Infrastructure Services

………………………………..

1

Date of City Council Meeting: May 26, 2008

Subject: Waste & Recycling Services Billing Review

Submitted By: David Schaaf, PMP, P.Eng, Waste & Recycling Manager

RECOMMENDATION: BE IT RESOLVED THAT, administration make changes to

the billing model for Waste & Recycling Services that would allow for a Waste Program Fee and allow for Centralized Billing of Waste & Recyling Fees effective January 1, 2009. AND FURTHER THAT, the Waste Services Bylaw 5350 and the Recycling Services Bylaw 4555 be amended to include a Waste Program Fee and allow for Centralized Billing.

PURPOSE: The purpose of this report is to provide the results of a review

of the utility billing practises for Waste & Recycling Services. 1) The first objective of the review is to ensure that all customers that are receiving services are being billed. 2) The second objective of the review is to ensure that all customers are being billed accurately for the services that they receive. 3) The third objective of the review is to make recommendations to changes to the Waste and Recycling bylaws and changes in the billing practices to ensure billing equity and billing accuracy.


GENERAL: The City of Lethbridge currently provides a variety of

services to residential and commercial customers. The bylaw provides the authority to collect fees for the services. Waste & Recycling Services is operated as a utility that structures its fees to recover all operating costs. The City is fiscally responsible to its customers to ensure that there is consistency, fairness and equity in its billing practices.


2

Commercial services are provided on a fee for service basis, with the customer setting the level of service. Customers have the option of receiving commercial services from the City or from an alternate provider. Commerical services include commercial bin waste collection and the rental of demolition bins Residential services are provided to all residential customers. The cost to provide these services are distributed over the entire residential customer base. There are three (3) revenue streams for the residential customer: 1) Residential Waste Services: ($9.75/month - 3 bag cart or $11.50/month - 5 bag cart or hand pickup) * Weekly waste collection * Large Item Services * Free Saturday landfill disposal * Clean community programs 2) Recycling Services: ($3.00/mo) * Recycling depots * Household hazardous waste & electronic waste recycling * Yard waste drop off sites * Chipping - branch & christmas tree * Organics - grass cycling & backyard composting * Education - waste reduction 3) Landfill utility fee ($3.50 per month) * debt retirement on the landfill purchase

ORGANIZATIONAL: Changes in billing practices will be managed and delivered

by the current staffing complement within Utility Services. Utility Services will also provide for the customer communication and customer care to respond to inquiries on the changes

FINANCIAL: The reccommended changes will result in the following

estimated additional annual revenues : 1) Waste program fee = $100K 2) Landfill surcharge = $200K 3) Reycling fees = $100K Based on current budget information it is forecast that the Waste Program Fee would be $2.00/month. This will be revised as part of the 2009-2011 Budget Process.

3


Once the changes have been approved, an information letter will be sent out describing the changes. This letter will be sent to condominium associations, property management groups and landlords of multi family unit that are affected by the change. The changes will be effective January 1, 2009. This will allow sufficient time for property owners and condominum association to respond with any changes to lease or association service agreements.

BRIEFING SHEET

Legislation & Policy If the recommended billing changes are implemented, Waste

Services Bylaw 5350 , and the Recycling Bylaw 4555 will need to be amended prior to January 1, 2008. The amendments would include changes to customer and premise definitions and the creation of a waste program fee.

Plans This recommendation aligns with City Council strategic

document '2007-2010 Towards a Sustainable Future' strategic initiative of Financial Stewardship. And, with the Waste & Recycling Services business unit value of 'Fiscal Responsibility' as stated in the Waste & Recycling Services 2006-2008 business plan

Options Four options were considered for the purpose of this review.

The options are as follows: Option 1 – Change the bylaw to reflect the current billing practices. This change would require no change to billing practises. But it would not be consistent with the principle of billing equity and it would forego annual revenue of $400K Option 2 – Exclude the customer from receiving services, that is not paying for services. This change would require no change to billing practises. But it would not be consistent with the principle of billing equity and it would forego annual revenue of $400K. It would be extremely difficult to restrict customer access to many of the services and it would create a trend of opting out of a service offering Option 3 – Change the billing model to eliminate billing gaps. This option would change the billing model to allow for a waste program fee that will be applied to residential customers receiving commercial waste services. This will pay for the other services that are not included with the

4

commercial rate. The billing model will also allow for centralized billing where a billing profile for a waste customer does not exist. This will allow the use of the billing profile that exists for the water customer. The customer that is centrally billed for water, will also be centrally billed for waste, recycling and the landfill utility fee. This option is consistent with the principles of billing equity and protects the residential customer base from eroding. Option 4 - This option is the same as option 3, with the additional change that the City would be the sole provider of waste collection to all residential customers, including those that are currently receiving commercial waste collection services from other commercial service providers. This option would allow for an increase in the customer base and increased revenue from our commercial operation. But this option would eliminate the ability for a choice of service provider. These service providers and services are currently well established in the community.

Recommended Option Option 3 – Change the billing model to allow for a waste

program fee and for centralized waste billing where water billing is centralized.

Public Participation N/A

Risk Analysis A risk analysis identified the following risks:

1) Negative customer reaction: * increased costs for some customer * confusion about rates & changes * wanting to opt out or not use services 2) Landlord responsibility for waste charges 3) Increased demand for large item services 4) Apartment/Condo lease expiry dates

Reports / Documents Presentation

Submitted By: ___________________________

Reviewed By: ___________________________

City Treasurer: ___________________________

5

City Solicitor: ___________________________



______________________________________________

______________________________________________


Department:Program:

2009 2010 2011Revenue decrease (increase)Expenditure increase (decrease) 160,000 10,000 10,000 Net Expenditure 160,000$ 10,000$ 10,000$


Landfill operations 10,000$ 10,000$ 10,000$ Accumulated surplus 150,000$

160,000$ 10,000$ 10,000$

Funding Source:


Waste & Recycling ServicesComposting pad construction


Objective(s): (What issue are you trying to address)

Reduce organics disposed of in the landfill through the provision of sustainable composting capacity to process material collected through the residential yard waste program.

Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s))

This initiative is aligned with the desired outcomes of several City of Lethbridge planning documents. By increasing compost processing capacity additional opportunities are realized to "contain and reduce the communities total impact on the environment", 2007 - 2010 Towards a Sustainable Future. The project also supports Waste & Recycling Services mission "to provide the community with an integrated and sustainable waste management system so as to maintain a clean, healthy urban environment", Waste & Recycling Business Plan 2009 - 2011 and the 2008 City of Lethbridge Comprehensive Waste Prevention/Waste Reduction Masterplan.

Background: (including underlying assumptions, historical context and data to support the initiative)

In the 2006 - 2008 Operating Budget, initiative N-28 was approved for a three year pilot to investigate alterative processing techniques for grass clippings and leaves. In the spring of 2006 a single grass drop-off site was piloted to collect grass clippings. The pilot was well received by the community and was expanded in the fall of 2006 to include two additional drop-off sites, and the sites began accepting other yard waste including leaves. Waste & Recycling Services worked with Parks Operations to have the material passively composted at their soil storage site. The pilot has had very good participation:

2006 - 109,000 kg 2009 - *1,000,000 kg *denoted projected weight2007 - 314,000 kg 2010 - *1,100,000 kg2008 - *500,000 kg 2011 - *1,2,00,000 kg

A significant increase in weight in 2009 is projected due to the final phase of implementation of the automated waste cart collection program. The carts create the equivalent of a bag limit. Growth should level off starting in 2010. The Parks Operations soil storage facility is insufficient to meet processing requirements on an ongoing basis.

The proposed composting pad is not intended to accept feedstock from large business, agricultural process, or any food waste. Inclusion of these material may require additional capacity and/or regulatory approval. There would be a one time cost of $150K for design & construction, then and annual operating cost of $10K

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative)1. Select process technology - 20092. Obtain regulatory approval - 20093. Design composting pad - 20094. Construct composting pad - 2009

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective's) above)1. Tonnes of organic waste diverted from the landfill2. Operating cost

1


Subject: 2009 Water and Wastewater Utility Rate Changes

Submitted By: Doug Kaupp, GM Water, Wastewater, and Stormwater

RECOMMENDATION: That City Council give first reading to the amending bylaw #

5545 and bylaw #5546, changing water and wastewater utility rates effective January 1, 2009.

PURPOSE: To ensure the continued operation of the water utility in

accordance with the prepared 2009-2011 three-year operating budget.

IMPLICATION OF RECOMMENDATION GENERAL: Utility Rate Impact 2008 2009 2010 2011

Water 1% 6.75% 6.5% 6.5% Wastewater 1% 5.75% 5.75% 5.75% To encourage water conservation, administration proposes that only the consumptive portions of the residential and commercial water be adjusted. The 2009 Water Utility revenue increase of 6.75% will therefore be implemented in the amending bylaw as the addition of $0.061 per cubic meter to all consumptive charges. The impact for the average residential customer will be $1.53 per month (25 m3 per month). High volume water users will experience a greater impact on a percentage basis. Likewise, low volume water users will experience proportionately less impact. The 2009 Wastewater Utility required revenue increase of 5.75% is applied equally to all components of wastewater charges in the amending bylaw. The impact for the average residential customer will be $1.00 per month (15 m3 per month). All customers will experience the same proportional impact.


2

ORGANIZATIONAL: n/a]

FINANCIAL: Meets 2009 revenue requirements of the Water and

Wastewater Utilities as defined by the prepared 2009-2011 operating budget and the 2008-2010 capital improvement program.


n/a

BRIEFING SHEET Legislation & Policy

Plans

Options

Recommended Option

Public Participation

Risk Analysis

Reports / Documents Attached are two budget reports.

One for each of the utilities.

Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________ _____________________________________________


Wastewater Utility 2009-2011 Operating Budget

and Utility Rates Report October 8, 2008

Wastewater Utility Revenue Requirement History

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

4.50% 0.00% 0.00% 0.00% 5.00% 3.50% 0.00% 3.00% 0.00% 1.00% The average increase of the revenue requirement over the ten-year period 1999-2008 is 1.70%. The forecast of revenue requirement for 2009-2011 are based on the approved 2008-2010 capital budget (CIP) and the 2009 – 2011 operating budget preparation. Forecast increases are:

2009 2010 2011 5.75% 5.75% 5.75%

2009 – 2011 Utility Revenue Requirements Revenue requirement forecast is based on the following: 1. Operating Budget Pressures

Within the prepared utility operating budgets for 2009-2011 there are a number of budget pressures that appear over the current 2008 utility budget. Following is a list of the most significant pressures:

a) An increase of $2,128,100 in debt servicing is the cost of financing large capital projects as approved in the Capital Improvement Program (CIP). b) Reduction in annual sewer main rehabilitation program by $763,000 by 2011. c) Bio-solids handing (sludge haul) budget is increased by $450,000; d) Corporate overhead allocations have been increased by $366,000; e) Wages increased by $200,000 for two transitional operator positions at WWTP to allow for training and certification in anticipation of retirements. f) Addition of $189,000 in costs associated with meter data management managed by Utility Services; g) Infrastructure Services administration, purchasing services, and building services allocated to the wastewater utility have increased by $146,000; h) $100,000 added for replacement of roofs at the wastewater treatment plant; i) Chemical cost increases of $84,000; j) $50,000 per year dedicated to assessing the physical condition of the wastewater collection system.

2. Budget Relief / Mitigation: In order to reduce some of the impact of the above pressures the revenue requirement forecast includes the following measures. Without the sum of these measures, the increase is 9.75%, 7.75%. 8.25%.

a) Rescaling of Relief Sewer CIP Project (E-7) from $2,000,000 each year to $1,000,000 each year for the original project life; b) Relief of debt servicing attributed to $7.2M of borrowing for the Wastewater Utility proportion of the Public Works Building project (D-22). There is at least one other alternative project and grant combination that will provide equivalent relief. Revenue requirement without this particular item is 9.0%, 6.75%, 7.5%; c) Phasing in annual capital program requirements to smooth increases over three years.

3. Budget Initiatives: Attached to this report are the budget initiatives that will be included in the operating budget documents to be debated by Finance Committee in November. These are assumed in the revenue requirements and rates.

a) Public Operations Training Programmer $20,920; b) Truck Driver / Machine Operator $28,125; and c) Lift Station Coordinator $82,000 and truck $30,000.

Wastewater Rate Forecast The purposed rates are the result of applying the revenue increases equally to all components of wastewater charges. For example, the required 2009 wastewater utility revenue increase of 5.75% is achieved by increasing both consumptive and fixed daily charges by 5.75% The following forecasted water rates to achieve the required revenue are proposed: 5.75% 5.75% 5.75% Sewer Consumption Charges $/m3 2008 2009 2010 2011 Domestic $ 0.793 0.839 0.888 0.940 Commercial $ 0.793 0.839 0.888 0.940

Fixed charges $/day 2008 2009 2010 2011

Meter size $/day $/day $/day $/day

up to 20 $ 0.23 0.24 0.26 0.27 25 $ 0.32 0.34 0.39 0.38 40 $ 0.54 0.57 0.60 0.64 50 $ 0.86 0.91 0.96 1.02 75 $ 1.62 1.71 1.81 1.92

etcetera…. Industrial Sewerage Charges 2008 2009 2010 2011 Customer /d $ 28.00 30.00 32.00 34.00 Flow /m3 $ 0.333 0.352 0.374 0.395 TSS /kg $ 0.291 0.308 0.325 0.345 SCOD /kg $ 0.208 0.220 0.233 0.246 All wastewater customer bills are impacted to a degree equal to the increased revenue requirement percentage (5.75% each year). The following table illustrates the impact on customers with a variety of water consumption patterns: 15m3/mo $ 11.90 $ 12.59 $ 13.32 $ 14.10 15mm 7.00 7.30 7.91 8.21 $ 18.89 $ 19.89 $ 21.23 $ 22.31 50m3/mo $ 9.65 $ 41.95 $ 44.40 $ 47.00 15mm 7.00 7.30 7.91 8.21 $ 46.65 $ 49.25 $ 52.31 $ 55.21 2000m3/mo $ 1,586.00 $ 1,678.00 $ 1,776.00 $ 1,880.00 50mm 26.16 27.68 29.20 31.03 $ 1,612.16 $ 1,705.68 $ 1,805.20 $ 1,911.03


Department: Public Operations Program: FTE for Public Operations Training Programmer 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 83,670 83,670 83,670 Net Expenditure $ 83,670 $ 83,670 $ 83,670

Permanent 1 1 1 Effect on person years Non-permanent N/A

Water Distribution $ 20,918 $ 20,918 $ 20,918 Waste Water Collection $ 20,918 $ 20,918 $ 20,918 Waste & Recycling $ 20,918 $ 20,918 $ 20,918

Funding Source:

Fleet Services $ 20,918 $ 20,918 $ 20,918 $ 83,670 $ 83,670 $ 83,670

Objective(s): (What issue are you trying to address) To hire one (1) full time employee as a Public Operations Training Programmer The $83,670.00 consists of a wage of $56,650.00, 22% for benefits of $12,020.00 an additional $15,000.00 for computer, cell phone, car allowance etc. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Growth and Public Operations Game Plan Background: (including underlying assumptions, historical context and data to support the initiative) In the past Fleet Services had a Training Coordinator who was in charge of facilitating, training and testing staff from various departments on equipment such as loaders, tandems and driver training courses. The position was discontinued in 2000 and the training functions became the responsibility of each department. Further, prior to 2000 the Employee Resource Centre offered training courses such as first aid, WHMIS and numerous safety courses and maintained records in People Soft. Again it has became the individual department's responsibility to set up this training and monitor training records. Public Operations departments are responsible for the training of equipment, personal development, job related safety and operating procedures. Parks and Water & Wastewater are required to have trained operators that are certified in accordance with government legislation, such as Pesticide Applicators and Water Distribution & Wastewater Collection Certification. In 2007, the number of training sessions/courses/equipment in Public Operations is as follows: Parks = 443 Water & Wastewater = 124 Transportation = 92 Waste & Recycling = 30 Fleet Services = 10 Total of 798 sessions/courses/equipment training. This total does not include the staff orientations that are required every year for all casual employees. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Hire a Training Programmer in 2009. This position will be closely monitored by the Public Operations managers to meet the needs of the various departments which include Water & Wastewater, Transportation, Parks, Waste & Recycling Services and Fleet Services. The job duties and responsibilities for the position will include setting up all training (equipment, safety, certification) for the various departments in Public Operations; document and submit the content of in-house training for certification recognition; monitor and notify departments when employees need to be recertified; maintain People Soft records; register all employees into training courses/seminars; standardize and administer equipment training forms; photo copying drivers licenses; be involved with employee orientations; have trainers trained and on hand for equipment training; arrange for contract trainers when required; and be able to produce training reports upon request by foreman/coordinators/managers . This position will also be a liaison to Integrated Risk Management. Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above) -One source for training needs -Consistent levels of competency. -Consistent record keeping throughout Public Operations -Improved course availability. -Improved monitoring of training records of employees -Improved notification when employees require training refresher courses i.e.. first aid every three years -Number of people set up to be trained on equipment, for personnel development, and in job specifics


Department: Water & Wastewater Operations - 5.41 Program: FTE for the Position of Truck Driver/Machine Operator 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 56,250 56,250 56,250 Net Expenditure $ 56,250 $ 56,250 $ 56,250

Permanent 1 1 1 Effect on person years Non-permanent

Various operating budgets 6,250 56,250 56,250 53200, 53300, 53400, 53500, 53800,

Funding Source:

58200, 58300, 58400 $ 56,250 $ 56,250 $ 56,250

Objective(s): (What issue are you trying to address) To hire a full time Truck driver/Machine operator. To be able to fully operate existing equipment. Adds flexibility within the department during periods of annual vacation, illness etc The cost is strictly wages based on $22.17/hr. $46,100.00 in wages and 22% in benefits of $10,150.00 totaling $56,250.00. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Growth Restructuring of Water & Wastewater Operations Background: (including underlying assumptions, historical context and data to support the initiative) In the early 2007, a permanent truck driver position (FTE) was converted into a new Water Meter Shop Coordinator position created as part of a restructuring of Water & Wastewater operations. The truck driver role has been filled with the existing staff, either reducing the amount of work completed or at an increased cost when backfilled by casual staff. Adding this FTE and changing the truck driver position to a combination truck driver/machine operator the department secures the ability to man the equipment and enhances our operation with a permanent employee that is trained on various pieces of equipment for peek annual vacation times and as part of our succession planning. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Change the Truck Driver III position to a Truck Driver/Machine Operator. Hire one (1) FTE Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above) -improved utilization of staff -improved succession planning -improved moral and confidence -improved quality of trained staff -ability to maintain the current level of service -increased utilization of equipment


Department: Wastewater Utility 542 Program: Lift Station Coordinator 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 112,004 82,004 82,004 Net Expenditure $ 112,004 $ 82,004 $ 82,004

Permanent 1 1 1Effect on person years Non-permanent

Operating Budget Wastewater Lift Stations $ 112,004 $ 82,004 $ 82,004

Funding Source:

$ 12,004 $ 2,004 $ 82,004

Objective(s): (What issue are you trying to address) Dedicate one FTE to monitor and maintain the wastewater lift stations, bar screens, stormwater pumping stations. This position also encompasses the planning and scheduling of plant staff and contractors performing lift station maintenance. A dedicated truck is required for these duties and included in the costing. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Maintain level of service with growing city. Background: (including underlying assumptions, historical context and data to support the initiative) Growth of new areas in the city often require the addition of new pumping facilities to lift wastewater or stormwater into existing trunk systems. In 1990 there were 16 wastewater and stormwater pump stations in the city. This number has doubled to 32 by 2008, and continues to grow by one or two new facilities each year. Pump station operation and maintenance is the responsibility of wastewater treatment plant staff because their mechanical and control system knowledge. The Lift Station Coordinator will be dedicated to managing the growing pump station assets. This will include managing renewal projects delivered by contractors and working with the Planner/Scheduler to insure that all preventative and corrective maintenance is performed. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Hire the new FTE first quarter 2009. Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above)

Water Utility 2009-2011 Operating Budget

and Utility Rates Report October 8, 2008

Water Utility Revenue Requirement History

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

0.00% 2.50% 2.50% 1.50% 0.00% 3.00% 1.00% 0.00% 2.00% 1.00% The average increase of revenue requirement over the ten-year period 1999-2008 is 1.35%. The forecast of revenue requirement for 2009-2011 are based on the approved 2008-2010 capital budget (CIP) and the 2009 – 2011 operating budget preparation. Forecast increases are:

2009 2010 2011 6.75% 6.50% 6.50%

2009 – 2011 Utility Revenue Requirements Revenue requirement forecast is based on the following: 1. Operating Budget Pressures

Within the prepared utility operating budgets for 2009-2011 there are a number of budget pressures that appear over the current 2008 utility budget. Following is a list of the most significant pressures:

a) Increased energy costs of $770,000; b) New debt servicing is the cost $745,000 to finance large capital projects as approved

in the Capital Improvement Program (CIP); c) Increase in annual water main renewal program by $320,000 to offset material costs; d) Additional wages reflecting the restatement of 3 FTEs that were vacant in 2005 and

were omitted from the 2008 budget totaling $304,000; e) Corporate overhead allocations have increased by $244,300; f) $159,260 added for replacement of roofs, pumps, and equipment in the water

treatment plant; g) $157,000 in costs associated with data management applications developed and

maintained by Utility Services; h) Additional $400,000 budgeted to fuel the distribution system operations fleet; i) Transfer of funds from water revenue to general operating (taxation) increased by

$320,000; j) Infrastructure administration, purchasing services, and building services allocated to

the water utility have increased by $163,000; k) Treatment Chemical cost increases of $136,000; l) $50,000 per year dedicated to assessing the condition of the water distribution system.

2. Budget Relief / Mitigation:

It is proposed that the annual capital program requirements be phased in over the three years to smooth the increases and reduce the impact in the first year (2009).

3. Budget Initiatives: Attached to this report are the budget initiatives that will be included in the operating budget documents to be debated by Finance Committee in November. These are assumed in the revenue requirements and rates.

a) Public Operations Training Programmer $20,920; b) Truck Driver / Machine Operator $28,125; and c) Purchase and subsequent rental of a 2-ton van ($87,000) and a truck ($32,500).

Water Rate Forecast To encourage water conservation, administration proposes that only the consumptive portions of the residential and commercial water be adjusted. For example, the 2009 water utility revenue increase of 6.75% will result in the addition of $0.061 per cubic meter to all consumptive charges. The following forecasted water rates to achieve the required revenue are proposed: 6.75% 6.50% 6.50%

Consumption Charges $/m3 2008 2009 2010 2011 Residential $ 0.507 $ 0.568 $ 0.630 $ 0.696 Irrigation $ 0.545 $ 0.606 $ 0.670 $ 0.735 Commercial Block #1 0-75 $ 0.923 $ 0.984 $ 1.046 $ 1.112 Block #2 76-750 $ 0.729 $ 0.790 $ 0.852 $ 0.918 Block #3 751-2500 $ 0.534 $ 0.595 $ 0.657 $ 0.723 Block #4 2501-25000 $ 0.486 $ 0.547 $ 0.609 $ 0.675 Block #5 25001-50000 $ 0.377 $ 0.438 $ 0.500 $ 0.566 Block #6 50001-100000 $ 0.271 $ 0.332 $ 0.394 $ 0.460 Block #7 100001- $ 0.265 $ 0.326 $ 0.388 $ 0.454 No changes are proposed to fixed (daily) charges.

The impact on customer water utility bills will increase with water consumption. The following table illustrates the impact on customers with a variety of water consumption patterns: residential 25m3/mo $ 12.68 $ 1.53 $ 1.55 $ 1.64 15mm 17.03 $ 29.71 $ 31.23 $ 32.78 $ 34.42 5.1% 5.0% 5.0%residential 75m3/mo $ 38.03 $ 4.58 $ 4.65 $ 4.92 15mm 17.03 $ 55.06 $ 59.63 $ 64.28 $ 69.20 8.3% 7.8% 7.7%commercial 50m3/mo $ 69.23 $ 3.05 $ 3.10 $ 3.28 15mm 17.03 $ 86.26 $ 89.31 $ 92.41 $ 95.69 3.5% 3.5% 3.5%commercial 2,000m3/mo $ 1,228.20 $ 122.00 $ 124.00 $ 131.20 50mm 55.05 $ 1,283.25 $ 1,405.25 $ 1,529.25 $ 1,660.45 9.5% 8.8% 8.6%commercial 25,000m3/mo $ 12,429.00 $ 1,525.00 $ 1,550.00 $ 1,640.00 150mm 295.95 $ 12,724.95 $ 14,249.95 $ 15,799.95 $ 17,439.95 12.0% 10.9% 10.4%


Department: Public Operations Program: FTE for Public Operations Training Programmer 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 83,670 83,670 83,670 Net Expenditure $ 83,670 $ 83,670 $ 83,670

Permanent 1 1 1 Effect on person years Non-permanent N/A

Water Distribution $ 20,918 $ 20,918 $ 20,918 Waste Water Collection $ 20,918 $ 20,918 $ 20,918 Waste & Recycling $ 20,918 $ 20,918 $ 20,918

Funding Source:

Fleet Services $ 20,918 $ 20,918 $ 20,918 $ 83,670 $ 83,670 $ 83,670

Objective(s): (What issue are you trying to address) To hire one (1) full time employee as a Public Operations Training Programmer The $83,670.00 consists of a wage of $56,650.00, 22% for benefits of $12,020.00 an additional $15,000.00 for computer, cell phone, car allowance etc. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Growth and Public Operations Game Plan Background: (including underlying assumptions, historical context and data to support the initiative) In the past Fleet Services had a Training Coordinator who was in charge of facilitating, training and testing staff from various departments on equipment such as loaders, tandems and driver training courses. The position was discontinued in 2000 and the training functions became the responsibility of each department. Further, prior to 2000 the Employee Resource Centre offered training courses such as first aid, WHMIS and numerous safety courses and maintained records in People Soft. Again it has became the individual department's responsibility to set up this training and monitor training records. Public Operations departments are responsible for the training of equipment, personal development, job related safety and operating procedures. Parks and Water & Wastewater are required to have trained operators that are certified in accordance with government legislation, such as Pesticide Applicators and Water Distribution & Wastewater Collection Certification. In 2007, the number of training sessions/courses/equipment in Public Operations is as follows: Parks = 443 Water & Wastewater = 124 Transportation = 92 Waste & Recycling = 30 Fleet Services = 10 Total of 798 sessions/courses/equipment training. This total does not include the staff orientations that are required every year for all casual employees. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Hire a Training Programmer in 2009. This position will be closely monitored by the Public Operations managers to meet the needs of the various departments which include Water & Wastewater, Transportation, Parks, Waste & Recycling Services and Fleet Services. The job duties and responsibilities for the position will include setting up all training (equipment, safety, certification) for the various departments in Public Operations; document and submit the content of in-house training for certification recognition; monitor and notify departments when employees need to be recertified; maintain People Soft records; register all employees into training courses/seminars; standardize and administer equipment training forms; photo copying drivers licenses; be involved with employee orientations; have trainers trained and on hand for equipment training; arrange for contract trainers when required; and be able to produce training reports upon request by foreman/coordinators/managers . This position will also be a liaison to Integrated Risk Management. Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above) -One source for training needs -Consistent levels of competency. -Consistent record keeping throughout Public Operations -Improved course availability. -Improved monitoring of training records of employees -Improved notification when employees require training refresher courses i.e.. first aid every three years -Number of people set up to be trained on equipment, for personnel development, and in job specifics


Department: Water & Wastewater Operations - 5.41 Program: FTE for the Position of Truck Driver/Machine Operator 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 56,250 56,250 56,250 Net Expenditure $ 56,250 $ 56,250 $ 56,250

Permanent 1 1 1 Effect on person years Non-permanent

Various operating budgets 56,250 56,250 56,250 53200, 53300, 53400, 53500, 53800,

Funding Source:

58200, 58300, 58400 $ 56,250 $ 56,250 $ 56,250

Objective(s): (What issue are you trying to address) To hire a full time Truck driver/Machine operator. To be able to fully operate existing equipment. Adds flexibility within the department during periods of annual vacation, illness etc The cost is strictly wages based on $22.17/hr. $46,100.00 in wages and 22% in benefits of $10,150.00 totaling $56,250.00. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Growth Restructuring of Water & Wastewater Operations Background: (including underlying assumptions, historical context and data to support the initiative) In the early 2007, a permanent truck driver position (FTE) was converted into a new Water Meter Shop Coordinator position created as part of a restructuring of Water & Wastewater operations. The truck driver role has been filled with the existing staff, either reducing the amount of work completed or at an increased cost when backfilled by casual staff. Adding this FTE and changing the truck driver position to a combination truck driver/machine operator the department secures the ability to man the equipment and enhances our operation with a permanent employee that is trained on various pieces of equipment for peek annual vacation times and as part of our succession planning. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Change the Truck Driver III position to a Truck Driver/Machine Operator. Hire one (1) FTE Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above) -improved utilization of staff -improved succession planning -improved moral and confidence -improved quality of trained staff -ability to maintain the current level of service -increased utilization of equipment


Department: Water & Wastewater Operations - 5.41 Program: Purchase of a 2-ton Van 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 87,000 12,000 12,000 Net Expenditure $ 87,000 $ 12,000 $ 12,000

Permanent Effect on person years Non-permanent

Water Distribution 87,000 12,000 12,000

Funding Source:

$ 87,000 $ 12,000 $ 12,000

Objective(s): (What issue are you trying to address) Purchase a 2-ton Van The first year includes the purchase price of $75,000.00 and operating/rental costs of $12,000.00 for each year. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Growth, Maintaining current service levels. Background: (including underlying assumptions, historical context and data to support the initiative) In 2004, we requested that Fleet Services not dispose of unit #92205 and keep it in service as a summer vehicle for the functions of temporary water, purging and valve operations. This unit has eventually come to be used on a year-round basis without a replacement plan. A growing work load and longer construction season makes this unit essential to our operations. The operating/rental costs paid on 92205 since 2004 were: 2004 = $13,455 2005 = $ 9,449 2006 = $ 7,642 2007 = $11,160 This initiative is to purchase a comparable unit within the Fleet replacement program that funds perpetual replacement through the appropriate rental rates. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Purchase a new 2-ton van and add it to our fleet so that it can be replaced through the replacement program. This will provide us with a dependable unit and unit #92205 can then be taken out of service by Fleet Services as intended. Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above) The cost to maintain a new unit will be less because of its age, modern technology, and warranties. -dependable equipment -right equipment for the function -less down time


Department: 510/543 Water Treatment Plant Program: Vehicle Replacement 2009 2010 2011 Revenue decrease (increase) Expenditure increase (decrease) 32,500 3,250 Net Expenditure $ - $ 32,500 $ 3,250

Permanent Effect on person years Non-permanent

Operating Budget $ - $ 32,500 $ 3,250

Funding Source:

$ - $ 32,500 $ 3,250

Objective(s): (What issue are you trying to address) Replacement of vehicle identified under Fleet's updating program. Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s)) Asset Management, Fleet updating program. Background: (including underlying assumptions, historical context and data to support the initiative) The existing 1993 unit has been flagged by Fleet Services for replacement. This unit is not presently in the replacement program with fleet. The existing unit has been a rental at the plant for the past year and has provides day to day transportation for maintenance, and operations staff, as well as weekly sample collection. The new Plant Coordinator role also requires transportation for both field review of jobs and projects, and arranging / acquiring of supplies, repairs, and services. Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative) Continue with present rental unit and replace unit under the fleet rental / replacement program in the first quarter of 2010. Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above) Increased reliability. Maintained vehicle availability. Scheduled vehicle replacement in the future funded from fleet rates.

1


Subject: Utility Services – Schedule “D” for 2009 - 2011

Submitted By: Doug Kaun, Utility Services Manager

RECOMMENDATION: That the changes to Schedule “D” be included in first reading

of the Water, Sewer, Electric, Waste and Recycling Bylaws

PURPOSE: Schedule “D” of the Water, Sewer, Electric, Waste and

Recycling Bylaws establishes the rules and fees required to bill and collect the revenue from customers receiving utility services.

IMPLICATION OF RECOMMENDATION GENERAL: Billing and collection fees related to utility billing are set in

Schedule “D”. These fees were established in 2006 when the customer care and billing functions were brought back in-house. Included in the schedule is the administration fee which covers costs associated with billing and customer care. These costs include fees paid to Cognera Corp. to provide billing services and the customer service management system.

Other changes to Schedule ”D” include removing the exemption of property owners to pay deposits, clarifying when a customer has a “satisfactory credit history” with the City and adding references to the fees for disconnection of services for non-payment.

ORGANIZATIONAL: Two initiatives have been proposed (see attached sheets) to

add staff in areas supported by the administration fee and revenue from penalties.

FINANCIAL: The administration fee is applied to each utility bill and has

remained at $5.90 per bill since 2006. This rate is proposed to be increased to $6.00 per bill in 2009 to cover increases in costs associated with billing and statement generation. This includes fee increases from Cognera.


2

The administration fee increase plus an anticipated 2.5% growth in accounts will generate an additional $106,000 in 2009. The average administration fee in Alberta is $6.11 per bill.

The late payment penalty rate is applied to the total amount due when payment is received after the penalty date. The rate has remained at 2.5% since 2006. This rate is proposed to be increased to 3% which will generate an additional $87,000 in 2009. Historically 25% of customers will pay late in a given month. Late payment penalty rates in Alberta range from 1.5% to 3.25%.

Reports / Documents Attachments include:

2009 - 2011 Customer Care Initiative.xls 2009 - 2011 Initiative Sheet- S&B Manager.xls Utility Services Bylaw Presentation.ppt

Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________ _____________________________________________


Department:Program:


Permanent 1Non-permanent

Late payment penalty 74,000$ 74,000$ 74,000$ - - -

74,000$ 74,000$ 74,000$

Funding Source:

Utility ServicesCustomer Care and Collections Additional Staff



Objective(s): Results in a 0.5% increase to the late payment penalty rate from 2.5% to 3%. To provide an increase in service level and business improvement in the following areas;

Collections: Develop processes and provide additional collection activites for inactive services, returned mail, commercial accounts, collection agency monitoring, reconcillation and liason with Finance Dept.Increase Service Levels: Provide increased billing and customer care service levels for Business Units. e.g. Waste billing, water meter installation coordination. Maintain E-Services initiatives. Provide public education/information programs.Work load re-allocation: Provide billing support services at CSR level for work previously done by the SME and Utility Analyst positions. Provide payment processing (work currently being done by Cognera)

Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s))

It supports the Utility Services Mission: "Our mission is to provide accurate billing, quality customer care and timely collections for utility billing stakeholders."It supports City Council Strategic Plan “Working Together for Tomorrow” and the Corporate Plan “Building a Better Place”.Supports Council priority of fiscal stewardship through more effective collections.

Background: (including underlying assumptions, historical context and data to support the initiative)

Some E-Services has been started and requires part time maintainance. Billing support that can be provided at the CSR level will be moved from the Utility Analyst position to provide capacity in that position. Liaise with Finance to process transaction (e.g., write offs, collection agency payments) as they impact Unify and JDE.

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implemention of this initiative)

It is proposed that this staff member would be added early 2009.

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above)

The performance will be measured using existing PMI's. (e.g. Call answering, AR reporting, Write off.)

Department:Program:


Permanent 1 1 1Non-permanent

Recovery from Utility 76,725 76,725 76,725 Administration Fee 25,575 25,575 25,575

102,300$ 102,300$ 102,300$

Funding Source:

Utility ServicesCreate and Hire Utility Systems and Billing Manager Position



Objective(s): (What issue are you trying to address)Results in a $0.10 increase to monthly admin fee in 2009.The Utility Services Manager has assumed the role of managing the operational details of the systems and billing functions for Utility Services. This responsibility takes a significant effort and time which makes it difficult for the Manager to focus on steering the operation, staying up to date on changes in the utility industry that may have significant impact on how we operate (e.g., the introduction of micro-generation and widespread interval meter use for electric, changes in billing practices, innovative customer care and collections techniques and the trends in new technology). Also, Utility Services has little capacity to manage new systems and billing initiatives requested by the Utility departments.

Which City Council, Leaders, and or Business Unit goals is this initiative aligned with: (reference the specific goal(s))Provides opportunity to enhance our ability to support Council's strategy for E-business Supports Utility Services goals of: Meeting IT requirements of internal partners Improving access to billing related data by internal partners and customers

Background: (including underlying assumptions, historical context and data to support the initiative)Utility Services was established in 2005 to provide customer care and collections operations, design processes and coordinate activity of City partners to bill for utility service and create and manage systems that integrate the information from systems of all stakeholders. On the systems side, the initial challenge was to create a transaction exchange (UTX) that processed/directed all utility related transactions received by or sent from the City (5 million records processed per month). These transactions are critical to our ability to accurately bill for utilities and meet legislated requirements related to electric deregulation. The existing system is stable but requires periodic modifications to meet changing needs. Utility services coordinates system interfaces with partner systems to ensure information flows effectively between them. Changing user needs often result in a series of modifications to several systems which requires detailed analysis to ensure the appropriate action is taken. Utility Services provides system development and support to the Water and Waste departments to help them manage their assets (e.g., meters) and support their billing needs related to changing programs (e.g., create links that help communicate information between Customer Care and operational areas).Support the third party meter reading system to ensure reads are available and we can trust the data received.

We face an ongoing challenge to maintain existing systems and develop new systems and processes required by water and waste utilities and support links to electric systems. For example, providing consumption data through GIS, providing ad hoc access to meter and billing data and analyse stand-alone billing systems (Landfill billng) to identify opportunities for improvement.

Much of the design, coordination and direction for this development has been done by the BU Manager. This leaves little time for higher level planning to steer the department.

Proposed Implementation Strategy: (Include key actions/milestones and timelines for implementation of this initiative)Define role of manager and related departmental structure in 2008. Fill the position in Q1 of 2009.

Performance Measurement & Reporting: (indicate how success of this initiative will be measured - relate to objective(s) above)Measure of our ability to meet changing need in a timely and effective manner.

1


Subject: Squamish Boulevard Short Term Traffic Improvements

Submitted By: Stephen Burnell, Traffic Operations Manager

RECOMMENDATION: That Lethbridge City Council receive this information to file.

PURPOSE: At a regular meeting of City Council held on Monday,

February 19, 2008, a multiway stop intersection improvement was approved for the intersection of Squamish Boulevard with Garry Drive West. Administration was asked to collect additional information on Squamish Boulevard roadway operation following implementation of the multiway stop and report back to City Council on September 30, 2008.


GENERAL: The four way stop condition at the intersection of Squamish

Boulevard and Garry Drive was installed on February 28, 2008. To date, the additional southbound turning lane proposed for the intersection of Red Crow Boulevard and Squamish Boulevard has not been requested by a majority of the eight directly affected property owners on Squamish Boulevard. Funding has been identified within the Basic Capital Grant Intersection Improvement Fund for design and upgrade of the intersection of Garry Drive and Squamish Boulevard. The form of intersection upgrade will be determined following completion of the functional design for the intersection of Garry Drive and Benton Drive. Design and construction of the intersection improvement is expected to occur in 2009/10. Traffic volume data was collected on Squamish Boulevard


2

from September 13 through September 17, 2008. The data collection location was within 10 metres of the data collection location in September 2007. The 2008 average weekday daily traffic volume is 8,229 vehicles per day compared to 8,255 vehicles per day in 2007. Vehicle speed was measured from September 13 through September 17. The 2008 85th percentile speed was lower than the 2007 85th percentile speed. Reasons for the decrease may include counter location, traffic queues, recognition of resident concerns by drivers, and increased friction from parked vehicles on the roadway. Collision records were available for the period of January 2008 to July 2008. During this time period four collisions were reported on Squamish Boulevard. Three of the collisions were at the intersection of Squamish Boulevard and Garry Drive and one collision involved a parked vehicle in the middle of the block. Of the three collisions reported at the intersection two of them occurred prior to installation of the four way stop. The schedule for improvements to Jerry Potts Boulevard West, Benton Drive West and Garry Drive West will be considered during the formal review of the Capital Improvement Program in 2009/10.

ORGANIZATIONAL: NA

FINANCIAL: NA


Information

BRIEFING SHEET

Legislation & Policy NA

Plans NA

Options NA

Recommended Option NA

3

Public Participation Ongoing communication with Bonnie Harland related to traffic concerns on Squamish Boulevard..

Risk Analysis NA

Reports / Documents Updated traffic volume, speed and collision information.

Submitted By: ___________________________

Reviewed By: ___________________________

City Treasurer: ___________________________

City Solicitor: ___________________________



______________________________________________

______________________________________________

Revision Date & Time: October 1, 2008

Average Weekday Traffic Volume(vehicles per day)

39.9 %

8255

4368

3887

2007

- 0.3 %

8229

4255

3974

2008

56795900Total

- 3.7 %Increase

23702823Southbound

33093077Northbound

20032002

Major Collector Roadway – 6,000 to 10,000 vehicles per day

Traffic Speed

48412007 Northbound(17,109 vehicles)

46432008 Southbound(20,385 vehicles)


51

52

53

85th% Speed(km/hr)




Average Speed(km/hr)

Speed limit in residential communities is 50 km/hr

Squamish Blvd & Red Crow Blvd Reported Collisions

02007

32006

02008*

42005

12004

32003

NumberYear

1Left Turn

1Unknown

4Struck Object

2Side Swipe

2Rear End

1Off Road

NumberType

Alberta Traffic Safety Act, Operator Licensing and Vehicle Control Regulation147 A person is exempted from making a report under section 71 of the Act, if as a result of the accident,

(a) no one is injured or dies, or(b) the apparent cost to repair property damage is less than $1000.

Squamish Blvd & Garry Dr Reported Collisions

12007

22006

32008*

22005

22004

12003

NumberYear

3Right Angle

3Struck Object

There was also a mid block collision involving a parked vehicle in May 2008

4Rear End

1Off Road

NumberType

* Collision reports were available from January 2008 thru July 2008. Two of the three reported collisions at the intersection of Squamish Boulevard and Garry Drive occurred prior to installation of the four way stop.

Squamish Blvd & Garry DrMulti-Way Stop

Installed February 28, 2008

City Council Meeting Monday, February 19, 2008 • Stephen Burnell, Traffic Operations Manager, re Traffic Concerns on

Squamish Boulevard West Short Term Improvements

650-A K.E. TRATCH: BE IT RESOLVED THAT the intersection of Squamish Boulevard West and Garry Drive West be changed to a four way stop control AND FURTHER BE IT RESOLVED THAT the eight directly affected Squamish Boulevard West property owners, by a two-thirds majority consensus, be provided the opportunity to determine, by a two-thirds majority consensus, the improvements to the intersection of Squamish Boulevard West and Red Crow Boulevard West as either “No Improvement” or “Development of an Additional Southbound Turning Lane” AND FURTHER BE IT RESOLVED THAT Administration continue to monitor traffic volume, speed and intersection operation on Squamish Boulevard West AND FURTHER BE IT RESOLVED THAT the schedule for improvements to Jerry Potts Boulevard West, Benton Drive West and Garry Drive West be reevaluated in future capital budget deliberations

AND FURTHER BE IT RESOLVED THAT the Administration provide an update on this issue by September 30, 2008 AND FURTHER BE IT RESOLVED THAT Mr. Burnell be thanked for his presentation AND FURTHER BE IT RESOLVED THAT the residents on Squamish Boulevard be advised of City Council’s decision in this matter. Opposed: R.K. Parker

-------------------------CARRIED ACTION: Infrastructure Services, City Treasurer

………………………………..

October 3, 2008


His Worship the Mayor and Members of City Council Re:

RFQ EQ-08-52; Automated Side Loader Refuse Truck

The recommendation of the Purchasing Manager to award the above competition to the highest evaluated bidder, Joe Johnson Equipment Inc. of Calgary, AB is submitted for your consideration and approval. The cost breakdown of the quotation is as follows: Total cost of this tender including GST $1,067,975.21 Less available GST refunds 50,855.96 Net cost to the City of Lethbridge $1,017,119.25 Respectfully submitted,

Garth Sherwin, C.A. City Manager

October 8, 2008



ITT C-08-23; RiverStone Phase 13 and SunRidge 3C & SunRidge Offsite Sanitary Sewer Underground Utilities and Surface Improvements

The recommendation of the Purchasing Manager to award the above competition to the low bidder, Sorochan Enterprises Ltd. of Lethbridge, AB is submitted for your consideration and approval. The cost breakdown of the low bid is as follows: Total cost of this tender including GST $4,267,943.79 Less available GST refunds 203,235.42 Net cost to the City of Lethbridge $4,064,708.37 Respectfully submitted,


October 8, 2008



SS EQ-08-62; Simco 2400 Drill Team

The recommendation of the Purchasing Manager to award the sole source purchase to Simco Drilling Equipment Inc. of Osceola, Iowa is submitted for your consideration and approval. The cost breakdown of the bid is as follows: Total cost of this bid including GST $77,584.50 Less available GST refunds 3,694.50 Net cost to the City of Lethbridge $73,890.00 Respectfully submitted,


Department: City Solicitor

October 7, 2008

For Submission to October 14, 2008

Council Meeting His Worship the Mayor and Members of City Council RE: Bylaw 5541 2009 Electric Distribution Tariff Attached hereto for Council’s consideration and first reading is Bylaw No. 5541 the 2009 Electric Distribution Tariff. The rates in the Bylaw reflect calculations prepared by the Lethbridge Electric Utility to maintain their services at existing levels for 2009. The credit that customers receive from the Balancing Pool will increase from $0.005 per kilowatt to $0.0067 per kilowatt. A new feature of this bylaw is the establishment of a new Rider “C” which will flow through transmission charges as established on a quarterly basis by the Alberta Electric System Operator (AESO). The first rider will apply on February 1, 2009, thirty days after AESO sets the rate on January 1, 2009. In addition Rider “A” the local access fee has been reduced from 0.31 to 0.273. The Terms and Conditions have been amended to include the concept of micro-generation of less than one megawatt being connected to the distribution system and the consequent requirement for net billing and bi-directional meters. Lastly, Schedule A Electric Utility On-Site Investment Rates (Page 51 of the Terms and conditions) are 2008 rates. It should be anticipated that these rates will be amended in December prior to consideration of second and third reading of the Bylaw. Douglas S. Hudson, Q.C. City Solicitor

City of Lethbridge Electric Distribution Tariff page i

BYLAW NO. 5541 -----------------

A BYLAW OF THE CITY OF LETHBRIDGE TO ESTABLISH THE CITY OF LETHBRIGE

ELECTRIC DISTRIBUTION TARIFF

*************************************

WHEREAS the City of Lethbridge owns and operates a Municipal Electric

Distribution Utility;

AND WHEREAS the City of Lethbridge Municipal Electric Distribution Utility has been designated as a Wire Service Provider pursuant to the ELECTRIC UTLITY ACT, S.A. 2003;

AND WHEREAS it is necessary to provide for the establishment of and the collection of fees for the provision of access to the City of Lethbridge distribution system and provincial electric transmission grid;

NOW THEREFORE, THE COUNCIL OF THE CITY OF

LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. Bylaw No. 5541 the City of Lethbridge Electric Distribution Tariff Bylaw is

hereby established. 2. The 2009 Electric Distribution Rates are set forth in following Rate Schedules:

Rate Code 991 Standard Distribution Rate Code 994 General Distribution Rate Code 995 Dedicated Distribution Rate Code 996 Large Dedicated Distribution Rate Code 997 Primary Distribution Rate Code 998 Public Lighting Distribution Rate Code 999 Unmetered Distribution

3. There is hereby established a City of Lethbridge Local Access Fee – Rider “A”

attached hereto as Schedule “A”. 4. There is hereby established a Balancing Pool Consumer Allocation – Rider “B”

attached hereto as Schedule “B”. 5. There is hereby established an AESO Rate DTS – Rider “C” attached hereto as

Schedule “C”.

City of Lethbridge Electric Distribution Tariff page ii

ii

6. The Terms and Conditions are set forth in the following Terms and Conditions of

Electric Service attached hereto.

7. Bylaw No. 5500 and amendments thereto is hereby repealed. 8. This Bylaw shall take effect on the 1st day of January, 2009 READ A FIRST TIME this _________ day of _____________________, A.D. 2008 _________________________________ _______________________________ MAYOR CITY CLERK READ A SECOND TIME this _________ day of __________________, A.D. 2008 _________________________________ _______________________________ MAYOR CITY CLERK

READ A THIRD TIME this _________ day of ____________________, A.D. 2008 _________________________________ _______________________________ MAYOR CITY CLERK

City of Lethbridge Electric Distribution Tariff page 1

1

City of Lethbridge ELECTRIC UTLITY

Electric Distribution Tariff Rate Schedule

City of Lethbridge Bylaw 5541

Effective: January 1, 2009

City of Lethbridge Infrastructure Services

Electric Utility


2

Document Copies of this document available at: City of Lethbridge City Hall Infrastructure Services 4th Floor, 910 – 4th Avenue South Lethbridge, Alberta Electric version (pdf) of this document available at: http://www.lethbridge.ca/electric Other related documents: Technical Terms and Conditions of Distribution Wire Access Guideline for Generators Guideline for Power Quality Contact Information: Office: 910-4th Avenue South. Lethbridge, Alberta T1J 0P6 Office Hours: Monday to Friday, 8:00 a.m. - 4:30 p.m. Phone: 403.320.4057 Fax: 403.329.4657 Email: [email protected] Document Author: City of Lethbridge Electric Utility Regulatory & Rates Infrastructure Services City of Lethbridge


3

Contents

DOCUMENT................................................................................................................................................................2 CONTENTS .................................................................................................................................................................3 ELECTRIC DISTRIBUTION RATES................................................................................................................................4

Electric Distribution Tariff ..................................................................................................................................4 Electric Distribution Rates...................................................................................................................................4 Effective Rate Period ...........................................................................................................................................4 Rate Application Authority...................................................................................................................................4 Rate Approval Authority ......................................................................................................................................4 Terms and Conditions ..........................................................................................................................................4 Price Adjustments and Riders ..............................................................................................................................4 City of Lethbridge Local Access Fee....................................................................................................................4

DEFINITIONS..............................................................................................................................................................5 ELECTRIC DISTRIBUTION RATES................................................................................................................................7

Rate Code 991: Standard Distribution................................................................................................................8 Rate Code 994: General Distribution .................................................................................................................9 Rate Code 995: Dedicated Distribution............................................................................................................10 Rate Code 996: Large Dedicated Distribution .................................................................................................11 Rate Code 997: Primary Distribution...............................................................................................................12 Rate Code 998: Public Lighting Distribution ...................................................................................................13 Rate Code 999: Unmetered Distribution ..........................................................................................................14

SCHEDULE A: CITY OF LETHBRIDGE LOCAL ACCESS FEE - RIDER “A” .....................................................................1 SCHEDULE B: BALANCING POOL CONSUMER ALLOCATION RIDER "B" ………… ………………………..15 SCHEDULE C: AESO RATE "DTS" RIDER "C" ………………………………………………………………………...16


4

Electric Distribution Rates

Electric Distribution Tariff The current Electric Distribution Tariff includes approved Electric Distribution Rates and Terms and Conditions of Electric Service.

Electric Distribution Rates Current Electric Distribution Rates include approved Distribution Access Rates and Transmission Access Rates herein for the current Effective Rate Period.

Effective Rate Period Current Electric Distribution Rates (Transmission and Distribution components) take effect January 1, 2009 (midnight December 31, 2008) and remain in effect until replaced by a new or amended rate approved by the City Council of the City of Lethbridge.

Effective January 1, 2009 the MCAF will no longer apply to Rider B.

The application of Rider C takes effect February 1, 2009.

Rate Application Authority The City of Lethbridge undertakes to apply Electric Distribution Rates as per Section 102 of Electric Utility Act of the Province of Alberta and Electric Utility Act Distribution Tariff Regulation 162/2003.

Rate Approval Authority The City of Lethbridge Electric Utility undertakes to apply current Electric Distribution Rates under the authority of City of Lethbridge Bylaw No. 5541

Terms and Conditions Electric Distribution customers are subject to Terms and Conditions of Electric Service, Technical Terms and Conditions for Distribution Wire Access, Guidelines for Generators, Guidelines for Power Quality and Distribution Tariff Fee Schedule.

Price Adjustments and Riders Electric Distribution Tariff price adjustments and riders noted herein are provided for information and are not intended to be part of the City of Lethbridge Electric Distribution Tariff. Adjustments and Riders retain specific approvals, effective periods and terms and conditions.

City of Lethbridge Local Access Fee The City of Lethbridge Local Access Fee (LAF) is a surcharge applied by the City of Lethbridge applicable to all service provided under the Electric Distribution Tariff.

The Current LAF is contained under Schedule A.


5

Definitions

Billing Period The period of time for which distribution rate calculations apply.

Contract Demand The agreed contract minimum and maximum service load available as determined under a Distribution Service Agreement between the customer and the City of Lethbridge Electric Utility.

Contract Maximum Means the maximum kVA established under a Distribution Service Agreement a customer agrees to demand and the City of Lethbridge Electric Utility will provide.

Contract Minimum Means the minimum kVA established under a Distribution Service Agreement for which a customer is charged.

Contract Ratchet Means the maximum recorded kVA greater than Contract Maximum over the past 11 months.

Cumulative Meter A metering device that measure system usage by continuously adding current use to prior use. Current consumption is determined as the difference between a current reading and a prior reading.

Customer Means the recipient of electric distribution services. Customer of Record: Means the party responsible for the payment of services. Dedicated Service A service connection through a specific service transformer provided for

use by a single customer.

Demand Means the service load or rate at which electric energy is delivered/taken at a given point in time measured in kVA or MVA.

Demand Meter Means the metering device used to determine Demand.

Distribution Access Means access to the City of Lethbridge Electric Distribution System.

Distribution Service Agreement

Means an agreement between the City of Lethbridge Electric Utility and a distribution service connection customer.

Dusk to Dawn Means security lighting subscribed to by a City of Lethbridge Electric Utility Distribution customer.

Electric Service Area The area determined under the Hydro and Electric Energy Act in which the City of Lethbridge as owner of an electric distribution system may distribute electricity.

Interval Meter Means a meter that measures, at intervals of 60 minutes or less, the amount of electricity consumed, and satisfies the standards for revenue collection under the Electricity and Gas Inspection Act (Canada) and the Weights and Measures Act (Canada).

kVA Means Kilovolt ampere and is the unit of measure used for Demand, Contract Maximum, Contract Minimum and Contract Ratchet.

kWh Means Kilowatt-hour (one kilowatt of power supplied/taken for one hour) and is the unit of measure used for System Usage.

Load Profile Means the measured or determined System Usage throughout a period of time.


6

MVA Mean 1,000 kVA

Off-Peak Means System Usage other than On-Peak system usage.

On-Peak Means System Usage between the 07:00 hours and 23:00 hours, Monday through Saturday excluding: all Sundays, New Year’s Day, Good Friday and Christmas Day.

Primary Voltage Means a Service Connection at the City of Lethbridge distribution system high voltage level.

Regulated Rate Option Means the Tariff an owner of an electric distribution system must prepare for the purpose of recovering prudent costs for providing electric energy services to eligible customers that are not enrolled with a retailer.

Secondary Voltage Means the output of a load-supply City of Lethbridge Electric Distribution Transformer.

Service and Facility Means ongoing services, plant, works, equipment necessary to provide electric distribution and transmission access.

Service Connection Means the point of connection to the City of Lethbridge Electric Distribution System.

Single-Phase Connection Means a 3-wire connection point.

System Usage Means the use of the City of Lethbridge Electric Distribution System and Alberta Interconnected Electric System measured in kWhs.

Totalized Refers to the combining of 2 or more services at one site for billing purposes.

Three-Phase Connection Means a 4-wire connection point.

Transmission Access Means access to the Alberta Interconnected Electric System.

Unmetered Means a Service Connection without a City of Lethbridge Electric Utility provided metering device.


7

2009 Electric Distribution Rates

Rate Code Distribution Rate Description

991 Standard Distribution Rate – for service metered through a single cumulative meter. Rate also applicable to qualifying Rate Classification Customers under the Regulated Rate Option Tariff.

Consumption of 3,000 kWh per month or less

Demand of 5 kVA or less

994 General Distribution Rate - for service metered through a single demand meter. Rate also applicable to qualifying Other Customers under the Regulated Rate Option Tariff.

Demand greater than 5 kVA and less than 150 kVA

995 Dedicated Distribution Rate – for service through a dedicated three-phase connection at secondary voltage metered through a single demand meter.

Demand of 150 kVA or greater and less than 300 kVA

996 Large Dedicated Distribution Rate – for service through a dedicated three-phase connection at secondary voltage metered through a single interval meter.

Demand of 300 kVA or greater and less than 2 MVA

997 Primary Distribution Rate – for service through a three-phase connection at primary voltage metered to customer transformation through a single interval meter.

Demand of 2 MVA or greater and less than 5 MVA

998 Public Lighting Distribution Rate – for unmetered municipally owned and provincial owned public lighting systems and individual customer subscribed unmetered security lighting. Rate also applicable to qualifying Rate Classification Customers under the Regulated Rate Option Tariff.

999 Unmetered Distribution Rate – for unmetered service connections with small, consistent and predictable system usage. Rate also applicable to qualifying Rate Classification Customers under the Regulated Rate Option Tariff.

Consumption of 3,000 kWh per month or less

Demand of 5 kVA or less


8

2009 City of Lethbridge Electric Utility Distribution Tariff

Rate Code 991: Standard Distribution

Service Service connected within the City of Lethbridge electric service area Metered through a single cumulative meter For monthly consumption of 3,000 kWh or less and demand of 5 kVA or less Or, Regulated Rate Option qualifying Rate Classification Customer

Transmission Access Rate a) System Usage Charge 0.0130 $ per kWh b) Service and Facilities Charge 0.0909 $ per day

Distribution Access Rate a) System Usage Charge 0.0083 $ per kWh b) Service and Facilities Charge 0.4892 $ per day The minimum daily charge is the daily combined distribution and transmission service and

facilities charge

The billing period is monthly

The City of Lethbridge Terms and Conditions of Electric Service apply to this rate

The City of Lethbridge Rider A Local Access Fee (LAF) is applied to total charges under this rate


9


Rate Code 994: General Distribution

Service Service connected within the City of Lethbridge electric service area Metered through a single demand meter System demand greater than 5 kVA and less than 150 kVA Or, Regulated Rate Option qualifying Other Customer

Transmission Access Rate a) System Usage Charge 0.0078 $ per kWh b) Service and Facilities Charge 0.0000 $ per day c) Demand Charge 0.0637 $ per kVA per day

Distribution Access Rate a) System Usage Charge 0.0006 $ per kWh b) Service and Facilities Charge 0.3438 $ per day c) Demand Charge 0.1082 $ per kVA per day The minimum daily charge is the daily combined distribution and transmission demand

charge plus the daily Service and Facilities Charge.


Demand charge based on: o highest kVA demand in the last 12 months, or o Contract demand charge

Contract demand charge, where a customer has a Distribution Service Agreement, is the greater of:

o customer contract minimum o current month high kVA o contract ratchet, being 100% of the highest kVA demand greater than contract

maximum in the last 12 months




10


Rate Code 995: Dedicated Distribution

Service Service connected within the City of Lethbridge electric service area Serviced through a dedicated three-phase connection at secondary voltage Metered through a single demand meter System demand of 150 kVA or greater and less than 300 kVA Or, Regulated Rate Option qualifying Other Customer

Transmission Access Rate a) System Usage Charge 0.0078 $ per kWh b) Service and Facilities Charge 0.0000 $ per day c) Demand Charge 0.0845 $ per kVA per day











11


Rate Code 996: Large Dedicated Distribution

Service Service connected within the City of Lethbridge electric service area Serviced through a dedicated three-phase connection at secondary voltage Metered through a single interval meter System demand of 300 kVA or greater and less than 2 MVA

Transmission Access Rate a) On-Peak System Usage Charge 0.0087 $ per kWh b) Off-Peak System usage Charge 0.0071 $ per kWh b) Service and Facilities Charge 0.0000 $ per day c) Demand Charge 0.0658 $ per kVA per day










On Peak System Usage Charge based on usage between the 07:00 and 23:00 hours, Monday through Saturday excluding all Sundays, New Year’s Day, Good Friday and Christmas Day


12


Rate Code 997: Primary Distribution

Service Service connected within the City of Lethbridge electric service area Serviced through a three-phase connection at primary voltage to customer transformation Metered through a single interval meter System demand of 2 MVA or greater and less than 5 MVA

Transmission Access Rate a) On-Peak System Usage Charge 0.0087 $ per kWh b) Off-Peak System usage Charge 0.0071 $ per kWh b) Service and Facilities Charge 0.0000 $ per day c) Demand Charge 0.0711 $ per kVA per day










On Peak System Usage Charge based on usage between the 07:00 and 23:00 hours, Monday through Saturday excluding all Sundays, New Year’s Day, Good Friday and Christmas Day


13


Rate Code 998: Public Lighting Distribution

Service Service connected within the City of Lethbridge electric service area For unmetered public lighting systems Public lighting system includes all municipally managed lighting distribution services and all provincially managed lighting distribution services Public lighting includes all customer subscribed security lighting (dusk to dawn) provided directly by the City of Lethbridge Or, Regulated Rate Option qualifying other customer

Transmission Access Rate a) System Usage Charge 0.0185 $ per kWh

Distribution Access Rate a) System Usage Charge 0.1300 $ per kWh

Minimum Billing Charge 0.5000 $ per day The minimum daily charge is the minimum billing charge or the Distribution Access Rate

plus the Transmission Access Rate which ever is greater.




Billing period system usage is based on the sum of the estimated energy load profile for all serviced lighting under this rate as determined by the City of Lethbridge Electric Utility

Public lighting includes street, roadway, highway, park, walkway, unmetered traffic sign lighting and customer subscribed security lighting


14


Rate Code 999: Unmetered Distribution

Service Service connected within the City of Lethbridge electric service area For unmetered connection with small, consistent and predictable system usage For monthly consumption of 3,000 kWh or less and demand of 5 kVA or less Or, Regulated Rate Option qualifying other customer

Transmission Access Rate a) System Usage Charge 0.0206 $ per kWh

Distribution Access Rate a) System Usage Charge 0.0681 $ per kWh

Minimum Billing Charge 0.5000 $ per day The minimum daily charge is the minimum billing charge




Billing period system usage is based on the estimated system usage load profile for each service site as determined by the City of Lethbridge Electric Utility


Schedule A: City of Lethbridge Local Access Fee - Rider “A” The City of Lethbridge Local Access Fee (LAF), also referred to as a Municipal Consent and Access Fee (MCAF), is effective on the Electric Distribution Tariff approval date.

The Local Access Fee is 0.273 times (27.3%) the total Distribution Access Charge and the total Transmission Access Charge or the total minimum charge.

Schedule B: Balancing Pool Consumer Allocation Rider “B”

Purpose: To collect from or refund to Electric Distribution Tariff Customers amounts transferred to the City of Lethbridge by the Alberta Electric System Operator (AESO) through Rider F Balancing Pool Consumer Allocation Rider. Rider F is the amount estimated by the Balancing Pool and transferred to AESO under Section 82 of the Electric Utility Act. Application: Applicable to all City of Lethbridge Electric Distribution Tariff Rates. This credit will be made to consumers whether they are customers of a retailer, are on the regulated rate option or are a default supply customer. Effective: This rider is effective with electric energy consumption beginning February 1, 2008 and remains in effect until cancelled, replaced or amended by the City Council of the City of Lethbridge or until suspension of Rider F by the Alberta Electric System Operator. Metered Service Rate: A credit of $0.0067 per kilowatt hour of metered energy for each billing period Unmetered Service Rate: A credit of $0.0067 per kilowatt hour of estimated energy determined for billing purposes for each billing period Application: The City of Lethbridge Terms and Conditions of Electric Service apply to this rider

Note: Rider rate includes an allowance for distribution system losses


Schedule C: AESO Rate “DTS” Rider “C”

Purpose: To collect from or refund to Electric Distribution Tariff Customers amounts transferred to the City of Lethbridge by the Alberta Electric System Operator (AESO) through Rider C of the AESO DTS (Demand Transmission Service) rate. The DTS rate is charged to the City of Lethbridge for transmission system access. Application: Applicable to all City of Lethbridge Electric Distribution Tariff Rates. This credit will be made to consumers whether they are customers of a retailer, are on the regulated rate option or are a default supply customer. Effective: This rider is effective with electric energy billing beginning February 1, 2009 and remains in effect until cancelled, replaced or amended by the City Council of the City of Lethbridge. Service Rate: The AESO DTS Rider is adjusted and posted on a quarterly basis – the City will post the equivalent rider charge or credit for application in the next month billing cycle. The charge or credit will be a $ per kilowatt hour of metered energy for each billing period following the quarterly posting. Unmetered Service Rate: The charge or credit will be a $ per kilowatt hour of the estimated energy determined for billing purposes for each billing period following the quarterly posting. Application: The City of Lethbridge Terms and Conditions of Electric Service apply to this rider

Note: Rider rate includes an allowance for distribution system losses.


City of Lethbridge ELECTRIC UTILITY

Terms and Conditions Of

Electric Service

City of Lethbridge Bylaw No. 5541

Effective: January 1, 2009

City of Lethbridge Infrastructure Services

Electric Utility


Document Copies of this document available at: City of Lethbridge City Hall Infrastructure Services 4th Floor, 910 – 4th Avenue South Lethbridge, Alberta Electric version (pdf) of this document available at: http://www.lethbridge.ca/electric Other related documents: Distribution Tariff Fee Schedule Electric Distribution Rate Schedule Technical Terms and Conditions of Distribution Wire Access Guideline for Generators Guideline for Power Quality Contact Information: Office: 910-4th Avenue South. Lethbridge, Alberta T1J 0P6 Office Hours: Monday to Friday, 8:00 a.m. - 4:30 p.m. Phone: 403.320.4057 Fax: 403.329.4657 Email: [email protected] Document Author: City of Lethbridge Electric Utility Regulatory & Rates Infrastructure Services City of Lethbridge


Contents DOCUMENT................................................................................................................................................................4 CONTENTS .................................................................................................................................................................5

ARTICLE 1 – GENERAL PROVISIONS.................................................................................................................9 1.1 SERVICES .............................................................................................................................................................9 1.2 TARIFF .................................................................................................................................................................9 1.3 APPROVAL ...........................................................................................................................................................9 1.4 ACCEPTANCE .......................................................................................................................................................9 1.5 CODES OF CONDUCT ..........................................................................................................................................10 1.6 MODIFICATION OF TERMS AND CONDITIONS .....................................................................................................10 1.7 COLLECTION OF TAXES .............................................................................................................................10 1.8 PAYMENT OF INVOICE ...............................................................................................................................10

1.8. 1 Underpayments ........................................................................................................................................11 1.8.2 Returned Cheque Fee................................................................................................................................11

ARTICLE 2 – INTERPRETATION........................................................................................................................11 2.1 CONFLICTS.........................................................................................................................................................11 2.2 HEADINGS..........................................................................................................................................................11 2.3 DEFINITIONS ......................................................................................................................................................11

ARTICLE 3 – PROVISIONS RELATING TO SERVICE CONNECTIONS .....................................................15 3.1 APPLICATION FOR SERVICE CONNECTION..........................................................................................................15 3.2 CONDITIONS OF SERVICE ...................................................................................................................................15 3.3 FACILITIES PROVIDED BY THE CUSTOMER .........................................................................................................16 3.4 STANDARDS FOR INTERCONNECTION.................................................................................................................16 3.5 SUITABILITY OF EQUIPMENT..............................................................................................................................16 3.6 CUSTOMER LIABILITY........................................................................................................................................16

3.6.1 Protective Devices.....................................................................................................................................16 3.7 FACILITIES PROVIDED BY THE LEU ...................................................................................................................16 3.8 LEU INVESTMENT .............................................................................................................................................17 3.9 OWNERSHIP OF FACILITIES ................................................................................................................................17 3.10 AUTHORIZATION FOR WORK............................................................................................................................17 3.11 METERS ...........................................................................................................................................................17 3.12 CUSTOMER CONTRIBUTIONS............................................................................................................................18

3.12.1 Customer Distribution Contribution .......................................................................................................18 3.12.2 Other Contributions ................................................................................................................................18

Cost of Optional Facilities .............................................................................................................................................. 18 Cost of Temporary Distribution Extensions.................................................................................................................... 18 Temporary Service Connection....................................................................................................................................... 18 Customer Transmission Contribution ............................................................................................................................. 19

3.12.3 Refunds of Customer Contributions ........................................................................................................19 3.13 PAYMENT FOR SERVICE CONNECTIONS............................................................................................................19 3.14 CHANGES TO DEMAND REQUIREMENTS...........................................................................................................19 3.15 CHANGES TO DISTRIBUTION FACILITIES ..........................................................................................................20

3.15.1 Costs for Relocation of LEU Facilities ...................................................................................................20 3.16 DISCONNECTION AND PERMANENT TERMINATION OF SERVICE BY CUSTOMER ...............................................20 3.17 CUSTOMER CONTRACTS ..................................................................................................................................21

3.17.1 Distribution Service Agreement ..............................................................................................................21 Requirement for Distribution Service Agreement........................................................................................................... 21 Distribution Service Agreement Process......................................................................................................................... 21 Contract Demands........................................................................................................................................................... 21 Contract Demand Waivers .............................................................................................................................................. 21 Changes to a Customer’s Distribution Service Agreement ............................................................................................. 22 Increases ......................................................................................................................................................................... 22 Decreases........................................................................................................................................................................ 23


Contract Re-opener ......................................................................................................................................................... 23 Transfer Rights & Obligations ........................................................................................................................................ 23

3.17.2 Underground Installation Agreement .....................................................................................................23 3.17.3 Commitment Agreements.........................................................................................................................23

ARTICLE 4 – PROVISIONS FOR DISTRIBUTION SERVICES.......................................................................24 4.1 PROVISION OF DISTRIBUTION SERVICES ............................................................................................................24 4.2 FEE SCHEDULE...................................................................................................................................................24 4.3 SERVICE CALLS .................................................................................................................................................24 4.4 INDEPENDENT SYSTEM OPERATOR OR TRANSMISSION FACILITY OWNER REQUIREMENTS................................24 4.5 APPLICATION FOR DISTRIBUTION SERVICES ......................................................................................................24

4.5.1 Method and Form of Application ..............................................................................................................24 4.5.2 Application by Agents of the Customer .....................................................................................................25 4.5.3 Rejection of Application............................................................................................................................25 4.5.4 Demand Billing .........................................................................................................................................25

4.6 LEU RIGHTS & RESPONSIBILITIES.....................................................................................................................25 4.6.1 Confidentiality...........................................................................................................................................25 4.6.2 Rights of Way ............................................................................................................................................26 4.6.3 Right of Entry ............................................................................................................................................26 4.6.4 Provision of Consumption History to Customers......................................................................................26

4.7 CUSTOMER RIGHTS & RESPONSIBILITIES...........................................................................................................26 4.7.1 Interference with the LEU Property..........................................................................................................27 4.7.2 Proper Use of Services..............................................................................................................................27

Unauthorized Use or Unsafe Conditions......................................................................................................................... 27 4.7.3 Vegetation Management............................................................................................................................28 4.7.4 Effluent ......................................................................................................................................................28

4.8 DISCONTINUATION AT REQUEST OF CUSTOMER ................................................................................................28 4.8.1 Removal of Facilities upon Disconnection of Service ...............................................................................28 4.8.2 Discontinuation Other Than for Safety .....................................................................................................29 4.8.3 Restoration of Service ...............................................................................................................................29

4.9 REMOVAL OF FACILITIES ...................................................................................................................................29 ARTICLE 5 – PROVISIONS OF REGULATED DEFAULT SUPPLY ..............................................................29

5.1 REGULATED RATE OPTION TARIFF..........................................................................................................29 5.2 DEFAULT SUPPLIER............................................................................................................................................30 5.2 ENTRY TO AND EXIT FROM THE REGULATED RATE OPTION ..............................................................................30 5.3 RETURN TO THE REGULATED RATE OPTION ......................................................................................................30

ARTICLE 6 – PROVISIONS RELATING TO RETAILER SERVICES............................................................30 6.1 PROVISION OF RETAIL ACCESS SERVICE............................................................................................................30 6.2 ARRANGEMENT FOR SYSTEM ACCESS SERVICE .................................................................................................30 6.3 ELIGIBILITY OF RETAILER..................................................................................................................................30

6.3.1 Retailer Qualifications ..............................................................................................................................30 6.4 CREDIT REQUIREMENTS.....................................................................................................................................31

6.4.1 Additional Security....................................................................................................................................31 6.5 LEU AND RETAILER SHARED RESPONSIBILITIES ...............................................................................................32

6.5.1 Supply of Data and Information................................................................................................................32 6.5.2 Record Retention.......................................................................................................................................32 6.5.3 Identification Numbers..............................................................................................................................32

6.6 LEU RESPONSIBILITIES......................................................................................................................................32 6.7.1 Confidentiality...........................................................................................................................................33

6.8 RETAILER RESPONSIBILITIES .............................................................................................................................33 6.8.1 Communications Capabilities ...................................................................................................................34

6.9 RETAILER/CUSTOMER RELATIONS.....................................................................................................................35 6.10 INITIATION OF DISTRIBUTION ACCESS SERVICE...............................................................................................35 6.11 PROCESSING ENROLLMENTS ............................................................................................................................35


6.12 ENROLLMENT OF CUSTOMERS OF THE RETAILER.............................................................................................35 6.13 ENERGIZE SITE.................................................................................................................................................36

6.13.1 Enrollment Changes................................................................................................................................36 6.13.2 Customer Moves......................................................................................................................................36

6.14 PROVISION OF CONSUMPTION HISTORY TO RETAILERS ...................................................................................36 6.15 PROVISION OF CONSUMPTION HISTORY TO CUSTOMERS .................................................................................37 6.16 DE-ENERGIZE SITE...........................................................................................................................................37 6.17 RE-ENERGIZE SITE ...........................................................................................................................................37 6.18 DE-ENROLLMENT AS RETAILER.......................................................................................................................37 6.19 DROP SITE .......................................................................................................................................................37 6.20 RETIRING SITE IDENTIFICATION.......................................................................................................................38 6.21 CHANGE OF RETAILERS ...................................................................................................................................38

ARTICLE 7 – METERING......................................................................................................................................38 7.1 PROVISION OF INTERVAL METERS.............................................................................................................38 7.2 CHANGES TO METERING EQUIPMENT ................................................................................................................39

ARTICLE 8 - METER DATA MANAGEMENT...................................................................................................39 8.1 RESPONSIBILITIES ..............................................................................................................................................39 8.2 HISTORICAL DATA REQUEST (INTERVAL AND CUMULATIVE) ...................................................................40 8.3 METER READING CONCERNS/DISPUTES ....................................................................................................40

ARTICLE 9 – LOAD SETTLEMENT SERVICES ...............................................................................................40 9.1 LOAD SETTLEMENT INFORMATION ....................................................................................................................40 9.2 DISTRIBUTION LOSSES AND UNACCOUNTED FOR ENERGY (UFE)......................................................................40 9.3 PROVISION OF INDIVIDUAL CUSTOMER LOAD PROFILES TO RETAILERS ............................................................41

9.3.1 No Liability for Estimating Errors ............................................................................................................41 9.4 EXCHANGE OF INFORMATION ............................................................................................................................41

9.4.1 Provision of Customer Information to Retailer.........................................................................................41 9.4.2 Provision of Information between LEU and Retailer................................................................................41

9.5 DISCONTINUANCE OF DISTRIBUTION TARIFF SERVICES AT REQUEST OF CUSTOMER OR RETAILER ...................41 9.6 DISCONTINUANCE OF DISTRIBUTION TARIFF SERVICES BY DE-ENERGIZATION .................................................41 9.7 THE SETTLEMENT PROCESS ...............................................................................................................................43

9.7.1 Settlement Calculations.............................................................................................................................43 Settlement Interval .......................................................................................................................................................... 43 Load Profiling ................................................................................................................................................................. 43 Deemed Load Profiles..................................................................................................................................................... 43

9.7.2 Reporting/Posting Information .................................................................................................................43 9.7.3 Fee For Service .........................................................................................................................................44

ARTICLE 10 - CONSUMER PROTECTION........................................................................................................44 10.1 DISCLOSURE ....................................................................................................................................................44 10.2 ERRORS DISCOVERED BY RETAILERS ..............................................................................................................44

ARTICLE 11 - LIABILITIES AND INDEMNITY................................................................................................44 11.1 FORCE MAJEURE..............................................................................................................................................45 11.2 LWSP NOT LIABLE FOR RETAILER..................................................................................................................45 11.3 LIMITATION OF LIABILITY ...............................................................................................................................46 11.4 INDEMNIFICATION............................................................................................................................................46 11.5 INTERRUPTION .................................................................................................................................................47

ARTICLE 12 - MISCELLANEOUS........................................................................................................................48 12.1 COMPLIANCE WITH APPLICABLE LEGAL AUTHORITIES....................................................................................48 12.2 NO ASSIGNMENT .............................................................................................................................................48 12.3 NO WAIVER .....................................................................................................................................................49 12.4 DISPUTE RESOLUTION......................................................................................................................................49


12.4.1 Resolution by LEU and Customers, Retailers, Distributed Generators, and Transmission Connected Customers ..........................................................................................................................................................49 12.4.2 Dispute Resolution – Arbitration Procedure...........................................................................................50 12.4.3 Continuity of Service.......................................................................................................................50

12.5 DEFAULT .........................................................................................................................................................50 12.5.1 Event of Default ......................................................................................................................................50 12.5.2 Rights Upon Default................................................................................................................................50

12.6 NOTICES ..........................................................................................................................................................51 SCHEDULE A: ELECTRIC UTILITY ON-SITE INVESTMENT .....................................................................53 SCHEDULE B: OFF-SITE REFUND .....................................................................................................................53 SCHEDULE C: SERVICE CREDIT/CHARGE ...................................................................................................54 APPENDIX A: SERVICE CONNECTION INVESTMENT PROPOSAL..........................................................55 APPENDIX B: DISTRIBUTION SERVICE AGREEMENT................................................................................56


ARTICLE 1 – GENERAL PROVISIONS

1.1 Services LEU provides various services, including Retail Access Services, Distribution Services, Distributed Generation Interconnection Services and Transmission Connected Services under a Tariff (the “Distribution Tariff”), which includes these Terms and Conditions, a pro forma Interconnection Agreement, the Associated Rate Schedules and a Fee Schedule. LEU may assign any or all of its obligations to provide Electricity Services under Alberta Regulation. Assignment of obligations does not relieve LEU of its responsibility for these obligations. Identification of LEU in these Terms and Conditions means Lethbridge Electric Utility and any Agent assigned to provide service.

1.2 Tariff The Terms and Conditions, as approved by LEU form part of the Electric Distribution Tariff and are established pursuant to section 2 of the Distribution Tariff Regulation, A.R. 162/2003, as amended from time to time. The Electric Distribution Tariff is available upon request to the LEU and is available on the City of Lethbridge website.

1.3 Approval These Terms and Conditions are included as support for the Distribution Tariff filing and have been approved by the City of Lethbridge. These Terms and Conditions come into force on January 1, 2008 and will be in force until another Distribution Tariff application is approved. Distribution services provided by LEU are regulated by the City of Lethbridge, and parties having any inquiries or complaints regarding the Terms and Conditions may direct such inquiries or complaints directly to LEU, the City of Lethbridge or to the EUB.

1.4 Acceptance The Terms and Conditions apply to LEU and its relationship with Distribution Load Customers, Distribution Generator Customers and Retailers (together, the “Responsible Parties”). All Responsible Parties by virtue of their relationship with LEU are deemed to have accepted these Terms and Conditions.


No agreement can provide for the waiver or alteration of any part of these Terms and Conditions unless such agreement is first filed with and approved by the City of Lethbridge. Whenever the City of Lethbridge approves an amendment to the Terms and Conditions, such amendment, including its effective date, will be posted on the City of Lethbridge website.

1.5 Codes of Conduct The codes of conduct contained or pursuant to the regulations under the EUA are incorporated into these Terms and Conditions by reference.

1.6 Modification of Terms and Conditions No agent or employee of LEU is authorized to modify any provision, charge, or rate contained in these Terms and Conditions, the Rate Schedule or the Fee Schedule or to bind LEU to perform in any manner inconsistent with these Terms and Conditions, the Rate Schedule or the Fee Schedule.

1.7 Collection of Taxes LEU shall collect all fees and taxes imposed by governmental authorities. The Retailer shall be responsible for identifying and requesting any exemption from the collection of any tax by filing appropriate document with LEU.

1.8 Payment of Invoice The Customer shall pay all fees, rates and charges required to be paid under these Terms and Conditions upon receipt of an invoice. Invoices are due and payable when rendered. If not paid on or before the past due date on the invoice, the invoice is deemed to be in arrears. Failure to receive an invoice does not relieve the customer of liability to pay the same. Invoices shall be deemed rendered and other notices duly given when delivered personally, when mailed to or left at the premises where service is provided or the last known address of the Party. Failure to receive such an invoice from LEU will not entitle the Responsible Party to any delay in the settlement of each account nor to any extension of the date after which a late payment charge becomes applicable. In the case of a dispute between LEU and the Responsible Party, the Responsible Party shall be expected to make payment or settlement as originally arranged and agreed to, pending the resolution of the dispute. Late payment penalties, at a rate established by the City of Lethbridge from time to time and specified in the invoice will be applicable to the total current charges outstanding, no less than twenty five (25) days following the Current Bill Date. Customers who fail to make payments on time will also be subject to normal credit action.


1.8. 1 Underpayments

Underpayments of any amount are treated as normal receivables.

1.8.2 Returned Cheque Fee

LEU may assess a fee, as outlined in the Fee Schedule to any Party whose payment to LEU is dishonored by any bank when presented for payment. Receipt by LEU of a payment instrument that is subsequently dishonored shall not be considered valid payment.

ARTICLE 2 – INTERPRETATION

If there is any conflict between a provision expressly set out in an order of the Board or a by-law of Lethbridge City Council and the Terms and Conditions, the Order or by-law shall govern.

2.1 Conflicts If there is any conflict between a provision in these Terms and Conditions and a provision in a Retail Service Agreement, Distribution Service Agreement or any other existing or future agreement between LEU and a Responsible Party relating to the provision of a Service Connection or Distribution Tariff Services, these Terms and Conditions of Electric Distribution Service shall govern.

2.2 Headings The division of the Terms and Conditions into sections, subsections and other subdivisions and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Terms and Conditions. The Terms and Conditions have attached hereto Schedules A, B and C and Appendix A which are incorporated by reference herein. Schedules and Appendices should be read in their entirety. The Terms and Conditions reference in most but not all circumstances where an Appendix should be consulted for more information.

2.3 Definitions

AEUB or EUB: means Alberta Energy and Utilities Board established by the Alberta Energy and Utilities Board Act. Agreement: means an agreement entered into between the City of Lethbridge and a Person for the provision of goods and services. Bi-directional: means a metering device or devices that measure the total electricity that has flowed in a circuit from one reading date to the next in each of 2 opposite directions, and that store in separate data registers the data respecting the flow of electricity in each direction. Buy-down: means the process of reducing service connection requirements.


Buy-down Charge: means the financial amount the customer must pay for a new Distribution Agreement which allows a decrease in the Contract Minimum Demand. Commission: refers to the Alberta Utilities Commission Commitment Agreement: a written agreement between the LEU and a developer outlining the conditions for development. Contract Demand: the customers typical forecast monthly demand. (Running demand). Contract Demand Waiver: allows the Customer to exceed the Maximum contract demand without penalty. Contract Maximum Demand: means no more than 115% of the customer’s contract demand (rounded to the next highest whole number). Contract Minimum Demand: means no less than 85% of the customer’s contract demand (rounded to the next smallest whole number). Customer: means a recipient of electric services provided by LEU. Customer of Record: means the party responsible for the payment of services. Customer Contribution: means the NUC to provide a service connection less the investment by LEU in that service connection. Dedicated Transformation: any 3-phase, 4-wire service with a load requirement over 150kVA/208V or a service provided from a distribution transformer not available to any other customer. Distribution Charges: includes transmission and distribution charges, local access fees and any riders established by the LEU. Distribution Service Agreement: means a contractual agreement between the LEU and a Customer for the provision of Distribution Access Service. Electric Services: as defined in the EUA and “Distribution Services” shall have similar meaning in accordance with Terms and Conditions for Distribution Services found in the Tariff Schedule. Electric System: means the LEU physical facilities, without limitation, transmission and distribution lines, substations, wires, transformers, meters, meter reading devices and other electrical apparatus.


Expected Peak Demand: means the expected maximum capacity requirement at a Point of Service which is used to determine the potential LEU Investment Level, the Minimum Demand and the Maximum Supply; “Facilities” means all structures and devices needed to distribute energy at any of the primary or secondary voltages as described in the Technical Terms and Conditions. “Investment Level” means the pre-determined maximum the LEU will fund toward the total cost (NUC) of a service connection. ISO: means the Independent System Operator. AESO (Alberta Electric System Operator) is the informal designation of the Independent System Operator (ISO) as established by the Electric Utility Code, 2003. LEU: means the Lethbridge Electric Utility owned and operated by the City of Lethbridge and includes it directors, officers and employees. Maximum Supply: the design capacity of the distribution system is 5 MVA per feeder. Micro-generation: refers to renewable, environmentally friendly generation of one megawatt or less, connected to the distribution system, with the generator intended to meet all or a portion of the customer’s electricity needs. Micro-generation must meet the requirements of Alberta regulation as stipulated in Alberta Regulation 27/2008, Micro-Generation Regulation. Net Billing: means subtracting electric energy supplied out of a customer’s site during the billing period from electric energy supplied into the customer’s site during the billing period, and calculating a net charge or credit to the customer based on the resulting net usage of electric energy during the billing period. Net Electric Utility Cost (NUC): means estimated total cost for all on-site requirements and off-site requirements less any costs recovered from work undertaken jointly with other parties (utilities). Estimates include all direct charges to a services work order plus an assigned overhead charge. Non-Standard Service Connection: means the on-site application of service connection equipment that does not meet standard utility voltage as contained in the current LEU Technical Terms and Conditions. On-site: means the Electric Distribution Extension that is site specific. For residential developments this usually means all cables, transformers, enclosures, joint-use and the pre-service stubs at the private property line. For commercial developments this usually means the transformer or enclosure at the private property line. Off –site: means the Electric Distribution Extensions required to enable system growth and expansion and is not site specific. It generally includes all main line distribution, 4/0 secondary,


joint-use and switching equipment. Off-site does not include indirect transmission or substation requirements. Point of Delivery: is the measured interconnection point between the transmissions system and the distribution system; Point of Service: means the point at which the wires or apparatus of a Customer are connected to the LEU Network. For 5 kVA extensions this means the meter base, for all other service connections this usually means the secondary termination point of the transformer or enclosure. Primary Service: any 3-phase service from the primary voltage system though transformation provided by the Customer. RRO: means the LEU Regulated Rate Option and refers to Regulated Default Supply/Regulated Rate Option as per regulation. Responsible Parties: means all Retailers, Transmission Load Customers, Distribution Load Customers and DG Customers; Retailer ID: means the unique identification code assigned to a specific retailer by the Alberta Electric System Operator (AESO).” Services (The): means the Electricity Services, Retail Access Services, Distribution Access Services, Transmission Connected Services, Distributed Generation Interconnection Services, or any other service provided under these Terms and Conditions. Service Connection: means the point at which LEU owned distribution connection equipment or conductors connects to the customer owned service connection equipment. Service Connection Deposit: means an amount paid by a customer in advance of LEU undertaking service work. Shared Transformation: means any 3-phase, 4-wire service with a load requirement under 150 kVA/208V provided from a distribution transformer available to at least one other customer. Site: means a unique end use service delivery point. This is the level at which settlement recognizes retailer assignments and receives consumption data. Temporary Distribution Extension: means overhead distribution lines constructed to meet the requirements of service with the expectation they will be replaced by standard underground facilities when determined by LEU. Temporary Service: means the temporary service provided to one customer site for a period of less than one (1) year. Totalized: refers to the combining of 2 or more services at one site for billing purposes.


Underground Installation Agreement: an written agreement between the City of Lethbridge and a residential developer for the installation of electric distribution infrastructure. Unmetered Service: any service provided on an estimated energy consumption basis (no metering). Utility Investment: means the pre-determined maximum the LEU will fund toward the total cost (NUC) of a service connection.

ARTICLE 3 – PROVISIONS RELATING TO SERVICE CONNECTIONS

3.1 Application for Service Connection

A person representing a customer must have written authorization to apply for a service connection. 3.2 Conditions of Service

The following conditions must be met before LEU will supply a service connection:

(a) The type of Service Connection applied for is available and normally provided by LEU in the locality where the Service Connection is requested; (b) The Customer has agreed to pay the cost of the service as determined; (c) The applicant for Distribution services is responsible for obtaining all permits, certificates, licenses, inspections, reports, and other authorizations and right-of-way agreements necessary for the installation and operation of the Distribution services and shall submit copies of them to LEU upon request. LEU is not required to commence or continue installation or provision of Distribution services unless and until the Customer has complied with the requirements of all governmental authorities, all permits, certificates, licenses, inspections, reports and other authorizations, and all right-of-way agreements, and all LEU requirements applicable to the installation and provision of Distribution services. (e) Information presented by the applicant or the Customer for the purpose of obtaining a Service connection is accurate. LEU is not responsible for subsequent errors due to inaccurate or incomplete information. (f) Customer’s facilities or its use, in the LEU opinion, do not have unusual characteristics that might adversely affect the quality of service supplied to other Customers, public safety, or the safety of LEU personnel. (g) The applicant has met the requirements set out in the “Technical Terms and Conditions.”


3.3 Facilities Provided by the Customer The Customer provides and is responsible for all wiring and electrical equipment at the Point of Service. For a new service, or for the rewiring of an existing service, the Customer will need to obtain an electrical permit. The Customer’s wiring must conform to the Alberta Safety Codes Act. For safety reasons, LEU has the right, but not the obligation, to inspect the Customer’s wiring. Inspection by LEU does not relieve the Customer from any responsibility with respect to the Customer’s wiring or electrical equipment. Services disconnected for extended periods of time may require a permit before reconnection. The Customer shall not, without the written consent of LEU, use its own facilities in parallel operation with the Utility’s Distribution System or extend its facilities beyond the registered property in which the service is connected.

3.4 Standards for Interconnection The Customer’s installation shall conform to the LEU “Technical Terms & Conditions for Distribution Wire Access” available on request and from The City of Lethbridge website.

3.5 Suitability of Equipment All of the Customer's facilities shall be suitable for operation with Distribution Services and Facilities provided by LEU. The Customer shall not use Distribution Services for any purpose, or with any apparatus, that would cause a disturbance to any part of the LEU Distribution System.

3.6 Customer Liability The Customer assumes full responsibility for the proper use of Distribution Services provided by LEU and for the condition, installation, suitability and safety of any and all wires, cables, devices or facilities energized on the Customer’s premises or on premises owned, controlled or occupied by the Customer.

3.6.1 Protective Devices

The Customer shall be responsible for determining whether the Customer needs any devices to protect the Customer’s facilities from damage that may result from the use of Distribution services including single phasing protection on three-phase Service Connections. The Customer shall provide, install, and maintain all such devices.

3.7 Facilities Provided by the LEU LEU installs, owns and maintains all distribution Facilities required to supply electricity up to the Point of Service. LEU arranges with the Independent System Operator for all Transmission Facilities required for Customer requirements.


LEU provides single and three phase electric service at standard voltages and will assist the Customer in selecting the electric service best suited to the Customer’s needs. Utility facilities shall be installed at points most convenient for LEU access and service and in conformance with public regulations in force. 3.8 LEU Investment

LEU invests in the on-site cost of providing distribution service connections for any service with an electric energy load requirement greater than 5 kVA up to and including 5 MVA as per Schedule A. Installed on-site servicing costs do not include the cost to secondary facilities on private property. LEU invests in the cost to provide off-site distribution facilities where those facilities will be used to provide other service connections within 5 years of the construction completion date of the service connection. For service connections installations within designated subdivision development areas, LEU investment is made through a refund process as services are enrolled and site identification is assigned.

3.9 Ownership of Facilities LEU is the owner of all distribution facilities. Customer contributions do not entitle Customers to ownership of Facilities, unless otherwise noted in the Distribution Service Agreement.

3.10 Authorization for Work Equipment or appliances belonging to, or under the control of LEU must be worked on by authorized employees of LEU except by special permission from the Manager. 3.11 Meters

LEU shall provide metering services for the purpose of measuring the electricity delivered through utility facilities. The meters are approved by Measurement Canada and will be energy, demand energy or interval meters. Bi-directional meters will be utilized for customers participating in micro-generation. LEU considers both an electronic demand meter and a thermal demand meter as appropriate apparatus for recording Distribution Tariff billing demands. Meters will be installed at a location designated by LEU, normally at the Point of Service. For temporary services, where a meter is installed on a Customer-owned pole, the pole shall be


provided and maintained by the Customer as required by the Canadian Electric Code and any other applicable statutes, regulations, standards and codes. LEU, or its agent, may at any reasonable time, read, inspect, remove and test, or change a meter installed on property owned or controlled by the Customer. For metering requirements refer to Distribution Wires Access Technical Terms and Conditions.

3.12 Customer Contributions

LEU may require a deposit before facility construction begins. Payment in full is due prior to energization. LEU may demand payment in full before project construction is started.

3.12.1 Customer Distribution Contribution

A Customer requesting a Service Connection may be required to make a financial contribution, calculated as follows:

Customer Contribution = Electric Utility Charges – Electric Utility Investment Electric Utility Charges include, but are not limited to, the following:

• labor, equipment, and materials, • an overhead charge for engineering, design and administration, • additional fees for non-standard requirements or dedicated off-site facilities to

provide service to a customer’s property line. All costs on private property are the responsibility of the customer. 3.12.2 Other Contributions

Cost of Optional Facilities If the Customer requests Facilities beyond or different from those Facilities normally required for the LEU Standard Service, the Customer will pay the cost of those optional Facilities.

Cost of Temporary Distribution Extensions

The Customer will pay the estimated cost of constructing and dismantling Temporary Distribution Facilities less the salvage value of material. In addition, Customer Transmission Contributions may apply.

Temporary Service Connection


Where a Service Connection is to be used for temporary purposes only, the Customer must pay the cost of that service. Unless otherwise approved by LEU in writing, temporary service shall be defined as installations intended for removal within a period not to exceed one (1) year.

Customer Transmission Contribution

Where LEU is required by the Alberta Independent System Operator (ISO) to provide a Customer Contribution as a result of extending or expanding service to a customer or customers, those customers may be assigned all or a portion of that contribution.

3.12.3 Refunds of Customer Contributions

Customer Distribution Contributions may be refundable within a period of five years from construction completion in the following situations: • When a new Distribution Service Agreement with an increased Contract Minimum

Demand is signed. • In a residential subdivision, where the developer initially paid the total cost of the

Distribution Facilities, refund of the customer contributions will be made at 50% of subdivision infill and the balance at 100% of subdivision infill. Confirmation of infill rate will be based on site ID. Interest will be paid on Contributions held for greater than 30 days and will be paid according to City of Lethbridge financial policies in effect at the time of refund.

• For temporary distribution facilities, a refund may be applicable if the facilities are subsequently used for other development. Cases are determined as situations arise.

• For dedicated off-site facilities to which other service connections are attached within 5 years of the construction completion date. Use of dedicated off-site facilities is determined by LEU.

Refunds are as per Schedules B and C.

3.13 Payment for Service Connections Payment for servicing is due upon completion of construction and prior to energizing the service unless other arrangements have been made. See “1.8 Payment of Invoice” for additional conditions.

3.14 Changes to Demand Requirements The Customer’s Demand shall not exceed the Maximum Supply available. If a Customer requires a change in demand requirements, the Customer shall give LEU one month’s written notice prior to a change to enable LEU to determine whether or not it can


accommodate such change without alterations to its Facilities. If the new load forecast is greater than 150 kVA a new Distribution Service Agreement must be executed. The Customer is responsible for all damage caused to the LEU Electric Distribution System as a result of the Customer changing requirements at a Point of Service without LEU permission.

3.15 Changes to Distribution Facilities If a Customer’s demand changes and LEU determines it will modify Facilities to accommodate the change at a Point of Service, contributions and/or credits may apply as per schedules A and C.

Where Facilities are larger than required to meet the Customer’s demand, LEU may replace Facilities to more closely match the Customer’s demand.

3.15.1 Costs for Relocation of LEU Facilities

The costs of relocating LEU Facilities shall be borne by the Customer when done at the Customer's request, or for the Customer's convenience, or if necessary to remedy any violation of law or regulation caused by the Customer. LEU may require the estimated cost of the relocation in advance.

3.16 Disconnection and Permanent Termination of Service by Customer When a Customer wishes to permanently disconnect a Service Connection a Customer may be assessed a Distribution Customer Exit Charge. Distribution Customer Exit Charge provisions apply for the service life of the Utility Investment for operating demands of 150 kVA or greater. Service life is established at the time of investment. The Distribution Customer Exit Charge is:

(a) the Buy-Down Charge using a new demand of zero if the termination of service occurs before the end of the initial term; (b) less the value of any extension Facilities that may be salvaged, reduced by the cost of undertaking the salvage; (c) plus any outstanding amounts attributable to the Customer with respect to, but not limited to, any deferral accounts and approved riders and charges arising from services supplied by LEU prior to the termination of service.


3.17 Customer Contracts 3.17.1 Distribution Service Agreement

Requirement for Distribution Service Agreement Customers are required to enter into a Distribution Service Agreement with LEU on the following basis: (a) All new customers requiring service of 150 kVA or greater are required to enter into a Distribution Service Agreement with an initial five-year term. (b) Any existing customer that requires upgrades to a service of 150 kVA or greater is required to sign a Distribution Service Agreement. (c) A Distribution Service Agreement is required for new distribution servicing that, in the opinion of LEU, is unique in nature or will not be shared or sharable within the next five (5) years. (d) Any existing customer with a service of 150 kVA or greater may request a Distribution Service Agreement. (e) A standard Distribution Service Agreement is included in these Terms and Conditions as Appendix B.

Distribution Service Agreement Process The process for new installation service and connections is outlined on the City of Lethbridge website. Requirements for a Distribution Service Agreement are reviewed as part of the new service application.

Contract Demands

Contract demand is determined by a customer’s load forecast. An accurate load forecast determines minimum and maximum demands for billing purposes and forms the basis for a customer capital contribution. Contract minimum and maximum demands provide the allowable variation on customer operating demand.

Contract Demand Waivers Contract Demand Waivers are applicable only to customers with a Distribution Service Agreement. A Contract Demand Waiver provides the specific circumstances in which the Customer may exceed maximum capacity without setting a new minimum billing demand (ratchet).


For Planned Events, a Contract Demand Waiver must be obtained prior to the Customer exceeding Contract Demand and will apply only to the current billing period, returning to contract for subsequent billing periods. LEU may issue a Contract Demand Waiver when the actual recorded demand is a result of one of the following:

1. Planned Events including:

• Facility commissioning • Pre-scheduled activities required to repair and maintain facilities

2. Unplanned Events including

• Catastrophic events – Where the customer can demonstrate a demand resulted from a catastrophic event such as fire, explosion, on or near the customer’s premises.

• Compliance with a dispatch instruction from the System Controller during an Emergency.

• Load restoration activities following an outage of transmission or distribution facilities.

Changes to a Customer’s Distribution Service Agreement

Any customer may request a revision of their Distribution Service Agreement. Notwithstanding any other provisions in these Terms and Conditions, a new Distribution Service Agreement with revised contract demand is advisable where the Customer is operating outside of the established demand limits.

Increases Where actual recorded demand exceeds contract maximum, the new recorded demand becomes the monthly billing demand for the current and next 11 months or until a higher demand is set (ratchet) or until a new Distribution Service Agreement has been negotiated. If a Customer’s Operating Demand increases beyond the Contract Demand, the Customer may request a new Distribution Services Agreement as provided by the LEU. Customer contributions for service upgrades may be required as per Schedule A. Customers may be credited for prior contributions based on Schedule C.


Decreases A Customer may request a new Distribution Service Agreement with new Maximum and Minimum Contract Demands. A Customer is required to give notice to reduce the Contract Minimum Demand. For services under 150 kVA, a one month notice is required. For services 150 kVA and over, LEU may require up to one (1) year notice. In order to decrease the Contract Minimum Demand, the Customer may be required to pay an additional contribution, or “Buy-Down Charge”. Customer contributions or Buy-Down Charges are determined as per Schedule C.

Contract Re-opener

A Distribution Service Agreement may be amended under, but is not limited to, the following circumstances:

a) An increase or decrease in service capacity is required by the Customer. b) A Customer wishes to change minimum or maximum Contract Demand prior to the term of the Agreement.

No amendment is valid unless in writing and signed by both LEU and the Customer.

Transfer Rights & Obligations

A Distribution Service Agreement may not be assigned by the Customer. The Distribution Service Agreement is binding upon respective successors and assigns until a new Distribution Service Agreement has been negotiated. LEU and the owner of the premise may negotiate a new Distribution Service Agreement. If a premise is vacated, LEU has the right to salvage the facilities.

3.17.2 Underground Installation Agreement

For any development less than 150 kVA the customer may be required to sign an Underground Installation Agreement.

3.17.3 Commitment Agreements


A Commitment Agreement may be required at the sole discretion of LEU, to be in effect until a Distribution Service Agreement is signed or the request for a Service Connection has been cancelled.

ARTICLE 4 – PROVISIONS FOR DISTRIBUTION SERVICES

4.1 Provision of Distribution Services LEU will provide Distribution Services to Customers requesting such services and who meet the requirements set out in these Terms and Conditions. 4.2 Fee Schedule

Applicable fees and charges are set out in the “Distribution Tariff Fee Schedule”, which forms part of the Distribution Tariff and these Terms and Conditions and Schedule titled “Customer Account Charges” attached to the Electric Utility bylaw. 4.3 Service Calls

LEU will require a Customer to pay all fees associated with a Customer-requested service call if the source of the problem is the Customer’s facilities. 4.4 Independent System Operator or Transmission Facility Owner Requirements

LEU is bound by all operating instructions, policies and procedures of the Independent System Operator which are needed to maintain the integrity of Alberta’s interconnected electric system. Responsible Parties acknowledge and agree they will cooperate with LEU so LEU will be in compliance with operating instructions, policies and procedures.

4.5 Application for Distribution Services Site owners or tenants may apply for Distribution Services to allow for the supply of Energy and are considered the Customer of Record. Applications are received through an agent or duly authorized representative of LEU. The Site Owner is the Customer of Record during vacancies. It is the responsibility of the customer to advise LEU when taking possession of a new site or vacating a site.

4.5.1 Method and Form of Application LEU reserves the right to verify the identity of the Customer and the accuracy of the information provided and to require the Customer to sign an application in writing. Modifications shall be in writing and duly executed by an authorized LEU representative.


4.5.2 Application by Agents of the Customer

A person acting as Agent of a Customer may apply for Distribution Services on behalf of the Customer if the Agent provides LEU with written authorization from the Customer. The Customer authorization must be dated and signed by the Customer, and must include the Customer’s name and explicit expression of the Customer’s intention to obtain Distribution services at a specified Site. The owner may be required to enter into a DSA.

4.5.3 Rejection of Application LEU may reject any applicant’s request for Distribution services when:

• a previous account held by the Customer with LEU is in arrears; or • the Customer fails to provide a security deposit or letter of credit from a suitable

financial institution in form and substance acceptable to LEU; or • any representation made by the applicant or the Customer to LEU for the purpose

of obtaining a Distribution services is, in the opinion of LEU, fraudulent, untruthful or misleading.

4.5.4 Demand Billing The demand charge is based on the highest KVA demand in the last 12 months, or the minimum contract demand. For new customers, LEU will reset the demand to 0.00 for billing purposes effective the date the customer takes possession of the site and has established utility billing in their name. For late registration of billing information, LEU will reset the demand to 0.00 for billing purposes effective the date the customer has registered billing information in their name.

4.6 LEU Rights & Responsibilities

4.6.1 Confidentiality Subject to the compliance with the EUA Code of Conduct Regulation AR 160/2003, in order for LEU or its Agent, to establish and maintain commercial relations with customers and to provide ongoing service; to understand customer needs and preferences; and to meet legal and regulatory requirements, LEU and/or its Agent will from time to time, collect customer information and may exchange and use this customer information among its Affiliates and Agents. LEU and its Agent shall limit the collection of customer information to that which is necessary for the purposes identified above and shall collect


such information by fair and lawful means. The customer information, except as provided herein, will not be shared with other companies or organizations.

By accepting service under the Regulated Default Supply Tariff, the Customer is deemed to consent to the exchange and use of its Customer information as discussed above, unless the Customer advises LEU or its Agent otherwise. The Customer is not required to consent to this exchange and use of information and there are no negative consequences for a customer who does not consent except that without access to the Customer’s information, it may limit the ability of LEU and/or its Agent, to provide the Customer with service.

4.6.2 Rights of Way At the request of LEU, the Customer shall grant without cost to LEU, easements, rights-of-way and rights of entry to the property owned, occupied or controlled by the Customer as LEU reasonably requires for the construction, installation, maintenance, repair and operation of the Facilities required for Distribution Services and the performance of all other obligations required to be performed by LEU.

4.6.3 Right of Entry

LEU employees, agents and other representatives shall have the right to enter the Customer’s property at all reasonable times and intervals for the purpose of installing, maintaining, replacing, testing, monitoring, reading, removing or disconnecting LEU meters, meter reading devices, wires or other electrical equipment and appliances or other Facilities or for the purpose of discontinuing service or for any other purpose incidental to the provision of Distribution Tariff Services. LEU will endeavor to provide reasonable notice to the Customer when it requires entry to the Customer’s property.

4.6.4 Provision of Consumption History to Customers

Upon request by the Customer, LEU will provide the Customer’s consumption history directly to that Customer, in electronic or in paper format. There may be a fee associated with such (manual) requests, dependant on the nature of the request (monthly or interval), the format of the electronic output (CSV, Excel) and the volume of data provided as per the Distribution Tariff Fee Schedule. For interval meters, LEU will provide the data to the Customer in an electronic format in accordance with Settlement System Code Daily Interval Meter Readings or, for an additional fee, in a form otherwise specified. The additional fees will be as per the Distribution Tariff Fee Schedule.

4.7 Customer Rights & Responsibilities


4.7.1 Interference with the LEU Property

Only an authorized employee or agent of LEU shall be permitted to remove, operate, or maintain meters, electric equipment or other LEU Facilities. The Customer is responsible for all destruction, loss or damage to LEU meters, electric equipment, seals or other Facilities located on the Customer’s premises or on premises owned, operated or controlled by the Customer. 4.7.2 Proper Use of Services

The Responsible Parties assume full responsibility for the proper use of the Service Connection and Distribution Services provided by LEU and for the condition, suitability and safety of any and all facilities energized on premises owned or controlled by the Responsible Party. The Responsible Party shall be liable for any loss, damage, expense, charge, cost or other liability of any kind, whether to LEU, its agents or employees, LEU property or otherwise, arising directly or indirectly by reason of:

a. the routine presence in or use of energy over the wires, cables, devices or other Facilities owned or controlled by the Responsible Party;

b. the Responsible Party’s improper or negligent use of energy or electric wires,

cables, devices or other Facilities; or

c. the negligent or willful acts or omissions of the Responsible Party or any person permitted on the Responsible Party’s property.

Unauthorized Use or Unsafe Conditions If LEU determines there has been an unauthorized use of Energy or Distribution services including but not limited to any tampering with a meter or other LEU Facilities, unauthorized connection or reconnection, or theft, fraud, intentional or unintentional use of Energy whereby LEU is denied full compensation for services provided, LEU may make such changes in its meters, appliances, or other Facilities or take such other corrective action as may be appropriate to ensure only the authorized use of the Facilities and Distribution services, and also to ensure the safety of the general public and LEU personnel. Upon finding an unauthorized use of Facilities or Energy or finding that Distribution services have not been used in accordance with these Terms and Conditions, LEU may discontinue the Distribution services and charge the Customer, Retailer or any other Person acting as agent for the Customer, all damages suffered by LEU and all costs incurred in correcting the condition. Nothing in this Section shall be deemed to constitute a waiver of any other rights of redress, which may be available to LEU, or to limit in any way any legal recourse, which may be open to LEU.


4.7.3 Vegetation Management

In order to maintain safe and reliable service, the Customer must treat, trim or cut trees and brush that may interfere with the operation of LEU Facilities on the Customer’s property in accordance with applicable statutes, regulations, standards or codes. If the Customer does not treat, trim or cut trees and brush that may interfere with the operation of LEU Facilities, LEU has the right to enter the Customer’s property and perform these services without prior notice to the Customer and to charge the Customer a reasonable fee for this service.

4.7.4 Effluent

The Customer agrees that if any part of the Customer’s process or operations produces or emits effluent that may cause contamination to or otherwise affect the operation of the LEU Distribution System (including without limitation, LEU facilities installed or interconnected to serve the Customer facilities) the Customer shall immediately disclose this information to LEU personnel as soon as the potential for or actual Contamination, as the case may be, is known. Notwithstanding any other provision of the Terms and Conditions, the Customer shall indemnify LEU from any damage, injury, loss, costs and claims (“Costs”) suffered or incurred by LEU, its agents or employees which are in any way incurred as a result of or connected with any effluent produced or emitted by the Customer’s process or operations. Such Costs shall include, without limitation, all reasonable expenses incurred in cleaning up Contamination, upgrading LEU Distribution System to prevent any future occurrence of any similar contamination and/or to mitigate excessive costs of ongoing maintenance or, where Electric Distribution System upgrade is not feasible, the costs of continued maintenance of the Electric Distribution System resulting from Contamination. “Effluent” means any solid, liquid or gas, or combination of any of them, including, without limitation, salt, dust, smoke, particulate matter, debris, hazardous waste, chemicals, vapour, runoff, wastewater or sewage.

4.8 Discontinuation at Request of Customer The Customer may at any time and on reasonable written notice to LEU, request the discontinuation or reduction in capability of the Customer’s Distribution services. The Customer may be required to pay for any unrecovered investment made by LEU in respect of the Customer’s Distribution services. LEU does not discontinue or reduce the capability of the Distribution Service for short term vacancies. If the Customer requests a disconnect intending to avoid distribution charges, LEU may disconnect the service. Fees for disconnect and reconnect will apply.

4.8.1 Removal of Facilities upon Disconnection of Service After disconnection of a Service Connection, LEU may remove any LEU Facilities located upon the property.


4.8.2 Discontinuation Other Than for Safety LEU may at any time, after having given at least 48 hours’ prior verbal or written notice to a Customer and without any further notice, discontinue Distribution services to the Customer or install a current-limiting device to restrict the capability of Distribution services if the Customer:

• violates any provision of these Terms and Conditions or the Distribution Access Tariff;

• tampers with any service conductors, seals or any other LEU Facilities or any meters, whether or not provided by LEU;

• neglects or refuses to pay when due, all amounts required to be paid under these Terms and Conditions, or Fee Schedule or Rate Schedule;

• changes its requirements for Distribution services without the written permission of LEU; or

• provides LEU with incorrect information or makes fraudulent or unauthorized use of Distribution services.

4.8.3 Restoration of Service

Distribution services to a Customer restricted by a current limiting device or discontinued (other than for safety reasons and whether at the request of the Customer or not) shall be resorted as prescribed in LEU Technical Terms and Conditions for Distribution Access.

4.9 Removal of Facilities Upon termination of Distribution services, LEU will be entitled to enter upon and remove from the property owned, occupied or controlled by the Customer any of LEU Facilities located upon the property.

ARTICLE 5 – PROVISIONS OF REGULATED DEFAULT SUPPLY

5.1 REGULATED RATE OPTION TARIFF

LEU provides a Regulated Rate Option Tariff to Eligible Customers as determined by Regulation. These Terms and Conditions apply to all Electricity Services provided under the Regulated Rate Option Tariff. LEU may assign any or all of its obligations to provide Electricity Services under these Terms and Conditions. As per RRO Regulation any eligible customer in the service area of the LEU distribution system not enrolled with a retailer, is deemed to have elected to purchase electricity services under the LEU Regulated Rate Option Tariff. LEU forecast of a customer’s annual consumption is based on the consumption of the previous twelve (12) consecutive months.


For new customers with less than a 12 month history, LEU shall make a reasonable forecast based on service connection and comparison with like customers.

5.2 Default Supplier Customers that do not otherwise qualify for an RRO Tariff but are unable to purchase from a retailer or can not obtain retail service may qualify under the Electric Default Supply Tariff. Customers are entitled to leave default supply upon giving three (3) days notice if they wish to obtain service from a competitive retailer.

5.2 Entry to and Exit from the Regulated Rate Option LEU requires at least 60 days notice to enter or exit the Regulated Rate Option.

5.3 Return to the Regulated Rate Option An RRO eligible Customer who did not previously qualify for the RRO may request a review of consumption. If forecasted total consumption is less than the regulated limit, the customer may request to return to the RRO.

ARTICLE 6 – PROVISIONS RELATING TO RETAILER SERVICES

6.1 Provision of Retail Access Service LEU will provide Retail Access Services to Retailers under the LEU Distribution Tariff, the Distribution Tariff Fee Schedule and associated agreements. Retail Access Service is subject to these Terms and Conditions. Retailers are responsible for paying the City of Lethbridge the LEU Distribution Tariffs which the retailers collect from their customers.

6.2 Arrangement for System Access Service LEU shall obtain from the Transmission Administrator, the System Access Service that LEU considers necessary to enable the transportation of Energy that will be sold or provided by the Retailer to its Customers. The Retailer shall be responsible for all charges paid or payable by LEU to the Transmission Administrator for System Access Service obtained by LEU for Customers of the Retailer.

6.3 Eligibility of Retailer

6.3.1 Retailer Qualifications Upon satisfaction of the following requirements, LEU will provide Retail Access Services to the Retailer, upon and subject to the Terms and Conditions:


(a) must be licensed and registered with the Alberta Department of Resource Development to sell or provide Electricity Services directly to customers and be entitled to exchange energy through the Power Pool;

(b) submit to LEU a fully completed and signed Retail Service Agreement; (c) maintain a business license for the provision of retail services in the City of Lethbridge. (d) if the Retailer sells electricity to Customers with annual consumption of less than 250,000 kWh, furnish a certified copy of the license issued to it and warrant in writing to LEU that it is licensed pursuant to and will comply with the provisions of the Fair Trading Act R.S.A. 2000, c. F-2, and any regulations or policies made thereunder, as amended from time to time; (e) satisfy legislative credit requirements and requirements of LEU as described in these Terms and Conditions; (f) warrant in writing to LEU that it has been registered by the Independent System Operator as a participant in the Power Pool; (g) meet the compliance testing protocol of LEU in respect of information exchange; and (h) meet any other requirements that LEU acting reasonably, may impose in order to provide Distribution Tariff Services hereunder to the Retailer.

Subject to complying with all the applicable laws, and the directions or requirements of any of the entities mentioned above LEU reserves the right, upon giving the Retailer 10 Business Days notice, acting reasonably, to discontinue Distribution Tariff Services to that Retailer hereunder if at any time the Retailer fails to meet these requirements.

6.4 Credit Requirements

Retailers must satisfy the following security requirements in accordance with the Distribution Tariff Regulation A.R. 162/2003.

6.4.1 Additional Security

When the Retailer’s actual outstanding charges under LEU Distribution Tariff materially exceed the value projected by the Retailer, upon 5 Business Days notice by LEU, the Retailer shall either:

(a) pay LEU in advance the amount by which the actual outstanding charges now exceed the projected value, or


(b) provide additional security to LEU to a total equal to the actual outstanding charges.

If LEU, acting reasonably, determines that it is not secured in accordance with this clause for the financial obligation of the Retailer, LEU may, upon 5 Business Days notice, cease to provide additional Distribution Tariff Services hereunder to that Retailer until the Retailer provides LEU with adequate security.

6.5 LEU and Retailer Shared Responsibilities

6.5.1 Supply of Data and Information The Retailer and LEU shall supply to each other all data, materials or other information that is specified in these Terms and Conditions, or that may otherwise reasonably be required by the Retailer or LEU in connection with the provision of Retail Access Services. 6.5.2 Record Retention The Retailer and the LEU shall comply with all record retention provisions of the EUA, as they are and may, from time to time, be modified.

6.5.3 Identification Numbers Electronic information exchange between the Retailer and LEU under these Terms and Conditions shall employ a Retailer identification number, assigned by LEU. In addition, the LEU will assign a Customer identification number to each Customer of the Retailer, and a Site identification number to each Site of each Customer of the Retailer and will provide the identification numbers to the Retailer.

6.6 LEU Responsibilities

LEU is responsible for the construction and maintenance of the distribution system infrastructure and all Revenue Metering equipment installed for the purposes of Electric Service in Lethbridge. As an owner of an Electric Distribution System, the responsibilities of LEU are as per the EUA, 2003 and include the following:

• Load Settlement Agent (“LSA”) • Meter Service Provider (“MSP”) • Meter Data Manager (“MDM”) • Issue Invoices to Retailers for Distribution Services and other Transactions • Maintain Site information for all Sites that are included in Load Settlement • Maintain an on-line service to allow any qualified Retailer to find the unique Site

Identifier, given the address of the Site; • Process, in a standard manner, all enrollment requests that are received, irrespective of

the identity of the Retailer submitting the request, and under the assumption that the Retailer has permission to enroll the Site


• Maintain Customer Information as it is supplied to the Retailer • In the event of a Retailer failure or default, pass Site and Customer information for

affected Customers to the Default Supplier. If LEU becomes aware of an unauthorized use of electricity, it will take the appropriate steps to mitigate the situation. LEU will notify the Retailer if it initiates the de-energization of a site for theft, non-standard service entrance, etc. Enrollment discrepancies, depending on the severity and frequency, may be reported to the Market Surveillance Administrator for further investigation.

6.7.1 Confidentiality LEU shall keep all Retailer specific credit and security information confidential unless the LEU has the Retailer’s written authorization and consent to disclose such information to third parties, provided however that such information shall not be subject to such confidentiality where such information is: (a) Generally available to the electric industry or the public at the time of disclosure; (b) Subsequent to receipt by the LEU, becomes generally available to the electrical industry or

the public as a result of a disclosure by the Retailer or any Person authorized by the Retailer; (c) the LEU establishes, by satisfactory evidence, was available to the LEU on a non-

confidential basis prior to its disclosure to the LEU; (d) Subsequent to receipt by the LEU, the LEU can establish, by competent evidence becomes

available to the LEU on a non-confidential basis from a source other than the Retailer or an authorized representative of the Retailer, without breach of these Terms and Conditions;

(e) Must be disclosed by law to a governmental authority where there is no reasonable alternative to such disclosure.

6.8 Retailer Responsibilities LEU expects to have limited direct contact with Retailers’ Customers. Therefore, Retailers will be the main source of electric industry information for their Customers. Calls from Customers regarding a power outage or distribution systems should be directed immediately to 320-3940 (LEU 24 hour trouble line).

Retailers will:

• Ensure that they have the requisite authorization from their current or prospective Customers before initiating any Customer related transaction;

• Use the unique Site identifier as the primary means of communicating changes to Site status;

• Provide the LEU with up-to-date basic Customer information (including emergency contact, account name, addresses and phone numbers) for all Sites that they service; and


• Be responsible for all charges associated with a Site until 7 Business Days after a request to drop the Site is received by the LEU in accordance with Section 9.11 hereof, or another Retailer enrolls that Site.

• Act as the main point of contact with Customers.

• Request services on behalf of Customers

The Retailer shall be responsible for having all necessary and appropriate contractual or other arrangements with its Customers consistent with applicable statutes and regulations and these Terms and Conditions. The Retailer is obligated to have obtained the Customer’s permission to access account history, and to only request information for dates to which they are entitled (only for the time that the Customer was present at that Site).

• LEU shall not be responsible for monitoring, reviewing or enforcing any contracts or

arrangements and shall not be liable for any loss, damages, cost, injury, expense or other liability, whether direct, indirect, consequential or special in nature, howsoever caused, as a result of the Retailer’s failure to obtain or maintain proper contractual or other arrangements with Customers or to perform its obligations to its Customers.

• It is the Retailer’s responsibility to ensure that the Customer enrollment is valid. Retailers are expected to have the required authorization from the Customer for the switch (i.e. that the Retailer has checked that the Customer wishes to be switched, and has explicitly given approval for the switch).

6.8.1 Communications Capabilities The Retailer must be equipped with the communications capabilities necessary to comply with the standards that are set by the LEU and set out in the Business Guidelines for Retail Access which may, from time to time, be modified. The Retailer must have in place all required information technology systems that will enable it to send data to and to receive data from LEU, in order to satisfy its obligations under these Terms and Conditions and all other relevant agreements. The Retailer must have completed testing of its ability to execute transactions to the satisfaction of LEU. Prior to LEU providing Retail Access Services to the Retailer, the Retailer shall provide to the LEU a list of representatives of the Retailer authorized to communicate with LEU in relation to Retail Access Services, including enrollment of Customers for Distribution Access Service. LEU will rely and act on communications received from the representatives of the Retailer appearing on the list provided by the Retailer until such time as the Retailer revokes such authorization through written notification to LEU.


6.9 Retailer/Customer Relations LEU is neither bound by, nor will it enforce contracts between Retailers and their Customers. Additionally, LEU will not mediate disputes between Retailers and Customers. Where the Retailer is required to obtain authorization from the Customer pursuant to these Terms and Conditions, or applicable statutes or regulations such authorization will be in verifiable form. The Retailer will make such authorization available to LEU upon request.

6.10 Initiation of Distribution Access Service To initiate Distribution Access Service in respect of a Customer, the Retailer shall enroll that Customer, in accordance with these Terms and Conditions and be in compliance with the Settlement System Code. The Retailer shall not request enrollment until all applicable rescission periods have elapsed.

6.11 Processing Enrollments A Site must be enrolled with a Retailer before Energy can flow. Retailers are required to use the mandated enrolment process described in the System Settlement Code. Enrollments will not be processed retroactively. To avoid using estimates, either the “old” or “new” Retailer can request an off-cycle meter read to coincide, as much as possible, with the date of switch. A fee for this service will be charged to the requesting Retailer as per the Fee Schedule attached as part of the Retail Services Agreement. 6.12 Enrollment of Customers of the Retailer

If the information on the enrollment request and other information required by LEU is complete and correct, LEU shall process the request for enrollment. Once LEU completes the processing of the enrollment request, the Retailer shall become the Retailer of Record for that particular Customer. LEU reserves the right to refuse Distribution Tariff Services, at any Point of Service, to any Customer of the Retailer who is indebted to the LEU. The Retailer will not be liable to LEU for any outstanding indebtedness of the Customer to LEU which accrued prior to the enrolment of the Customer to the Retailer. LEU requires a full complement of customer information as described in the Settlement System Code as an “Update Customer Information” transaction. Incomplete Customer information will result in rejection of the enrollment request.

Enrollment of a site is irrevocable and the Retailer bears full responsibility for the accuracy of enrollment transactions submitted to LEU. A Retailer that erroneously enrolls a site will bear


responsibility for the associated Distribution Tariff costs and any other financial implications associated with the error. Retailers may submit enrollment notices via a batch file. Retailers will be provided with confirmation of the results of the processing, including any reasons for rejection. Where an enrollment is successful, the LEU will inform the old Retailer of Record at that Site, if any, of the loss of service and the date this loss will occur.

6.13 Energize Site LEU records that a Site has been energized at the successful conclusion of the process of requesting an Energy service connection. Requests for service are processed manually as follows:

• The Retailer will request the service connection, on behalf of the Customer; • The Retailer must provide the Site identification up-to-date basic Customer information

(including emergency contact, account name, addresses and phone numbers), information regarding the location of the premises to be served, the Customer’s Connected Load and preferred supply conditions and the manner in which Services will be utilized;

• LEU will ensure the Site is enrolled with that particular Retailer before commencing service;

• The Retailer must provide an estimate of the average monthly consumption for use in settlement prior to establishing actual consumption figures based on meter readings. LEU will authorize this estimate, and override the number where it considers a revised figure to be more appropriate;

• LEU offers a system to record the Site has been Energized after the service connection has been made; and

• The Retailer will provide any other information LEU reasonably requires.

6.13.1 Enrollment Changes

Retailers shall submit a “change enrollment detail” notice to LWSP in order to change any Customer enrollment information. 6.13.2 Customer Moves

Notification of a Customer of a Retailer that moves within LEU service area shall be made to LEU by the Retailer.

6.14 Provision of Consumption History to Retailers LEU will provide consumption history in respect of a Customer provided the Customer has given consent.


Energy usage data will be provided for a minimum of the preceding 12 month usage period and shall be released by the LEU within 14 days of receiving the Retailer’s request. This information will be provided in an electronic format in accordance with the Settlement System Code.

6.15 Provision of Consumption History to Customers Upon request by the Customer, LEU will provide the Customer’s consumption history directly to that Customer, in electronic or in paper format. There will be a fee associated with such (manual) requests, dependant on the nature of the request (monthly or interval), the format of the electronic output (CSV, Excel) and the volume of data provided as per the Fee Schedule.

For interval meters, LEU will provide the data to the Customer in an electronic format in accordance with Settlement System Code Daily Interval Meter Readings or, for an additional fee, in a form otherwise specified. The additional fees will be as per the Fee Schedule

6.16 De-energize Site Customers arrange for termination of Distribution Tariff Services through their Retailer of Record. If Distribution Tariff Services are not longer required, the Retailer of Record must notify LEU at least 5 days before the service is to be discontinued. At the request of the Customer or Retailer, as applicable, LEU will leave Facilities in place subject to Schedule C.

6.17 Re-energize Site All Retailers may request LEU to Re-energize a site after a temporary De-energization. Only the Default Supplier may request a Re-energize after a financial De-energization. Only the Default Supplier or LEU may request removal of a load limiting device.

6.18 De-Enrollment as Retailer To terminate its relationship with a Customer, a Retailer shall submit a “De-Select Retailer” notice to LEU, in accordance with the Settlement System Code.

6.19 Drop Site Dropping a Customer Site breaks the link between a Retailer and a Site, so that the Retailer is no longer responsible for Settlement or wholesale billing charges for that Site. The only other way that the Retailer / Site link can be broken is by another Retailer (including the Regulated Rate or Default Rate supplier) enrolling the Site. Retailers must inform Customers of their intent to drop, and of the Customer’s rights to apply, to the Regulated Rate Option if eligible or to the Default Supply Option, at the same time the Retailer request to drop the Site is submitted. LEU will make the drop request effective the next calendar day after receipt of the request to drop. Any request by another Retailer to enroll the Site received within the same day will “stop the clock” on the drop request, the enrollment request will be processed and the drop request will


be terminated. The “old” Retailer will be informed of the date the Site is dropped or lost through enrollment. In the event that the full drop waiting period expires without a request by another Retailer, LEU will pass the information it has about the Site and the Customer at this Site (if any) to the Regulated Rate or Default Supply provider, thereby automatically transferring responsibility. Drops can occur when a Retailer is unable to continue to provide service to its Customers in LEU service area. This can happen either through financial failure, or other performance reasons that cause the Retailer to lose entitlement to operate in the area. In such an event, LEU will notify all affected Customers of the problem and using the latest information provided by the failed Retailer, will provide currently held information on the affected Sites and Customers (if any) to the Regulated Rate (RRO) and Default Supply (DTS) providers. LEU will automatically switch the responsibility for of affected Sites to the RRO or DTS. 6.20 Retiring Site Identification

Site identifications, once created and Energized, are included in Load Settlement and form the basis for billing until the Site is abandoned by LWSP. LWSP deletes Site identifications when no longer in use through an on-line Site identification maintenance system. Sites cannot be “retired” unless they are De-energized.

6.21 Change of Retailers Customers shall be permitted to change Retailers no more frequently than once per Business Day with the most recent meter reading adjusted to reflect the switch occurring at midnight of that Business Day. When a Customer receiving Distribution Access Service from its current Retailer enrolls for Distribution Access Service with a new Retailer and that Retailer enrolls the Customer with LEU in accordance with these Terms and Conditions and the Business Guidelines for Retail Access, LEU shall send the existing Retailer a “customer drops retailer” notice, in accordance with the Business Guidelines for Retail Access.

ARTICLE 7 – METERING

7.1 Provision of Interval Meters A Revenue Meter for a load which peaks over 300 kVA at least twice in a 12-month period will require interval meter services. Once an interval meter has been installed, it will not be removed unless LEU’s review of the load requirement indicates removal is warranted. For new Customers moving into existing space, LEU will make an estimate of Site Demand, and if the estimate is greater than or equal to 300 kVA, an interval meter will be installed. For an existing Site, where modifications are made to the infrastructure requiring Load to be equal to or in excess of 300 kVA, an interval meter will be installed. In these cases, the costs of the new interval meter, including installation, will be borne by LEU.


If a Customer requests totalized metering, both capital and annual operating costs of all additional meters will be borne by the Customer. Totalized metering will only be considered as part of a Distribution Services Agreement.

7.2 Changes to Metering Equipment A Retailer or a Customer can request an upgrade to the meter. Meter upgrades will result in a change in rate class. Customer requests for meters different than normally used in a rate class will be installed as part of a DSA. Should a Retailer request a new meter or a communication device be attached to the existing meter the Retailer shall bear all associated costs in accordance with the Fee Schedule. Upon installation, the meter or communication device shall remain the property of LEU and will be maintained by LEU. LEU shall complete installation of the meter or attachment of the communication device, if reasonably possible, within 30 days of receiving a request from the Retailer. LEU shall bill the Retailer upon installation.

ARTICLE 8 - METER DATA MANAGEMENT

8.1 Responsibilities

• The MDM is the entity responsible to provide “settlement quality” data to stakeholders as outlined in the SSC.

• The MDM shall be the sole source to manage consumption and interval data for interval and cumulative meters, collecting meter data, validating and estimating interval and cumulative mater data, storing historical data, and reporting data to the LSA and Retailers.

• The MDM shall ensure the interval and cumulative historical meter data is available to an authorized party at a cost outlined in the Fee Schedule.

• Any metering data requests including special reports, graphs, and analysis shall be charged as outlined in the Fee Schedule.

• LEU will be the sold source of revenue metering information for all market participants in the LEU service area.

• LEU validation editing and estimation standards will be reviewed and modified form time to time as appropriate.

• LEU will read all meters in its service territory in accordance with the Meter Reading Schedule. Retailers are responsible for acquiring information about Meter Reading Schedules from LEU.

• Estimation algorithm information is available upon request to an end use Customer or a Person (Customer’s Agent or Retailer) who is authorized by the end user.

• An accurate record will be kept by LEU of meter readings that will be the basis for the Load Settlement for each metered site.


8.2 Historical Data Request (Interval and Cumulative) Any historical data request shall have the written consent of the end use Customer Applicable fees shall apply. The Retailer shall be responsible for having all necessary and appropriate contractual or other arrangements with its Customers consistent with applicable statutes and regulations and these Terms and Conditions.

8.3 Meter Reading Concerns/Disputes It is the Retailer’s responsibility to assist Customers who are concerned about their consumption levels and provide possible causes for their high consumption. If a Retailer disputes a read for whatever reason, the Retailer may request an Off-Cycle Read. LEU will read any meter provided by LEU at the request of the Retailer subject to the charges set out in the Fee Schedule. A request is considered to be completed when a reading is obtained, or when, 3 physical attempts or 2 physical attempts and 1 phone call, have been made. In the event that the Off-Cycle Read shows that a prior recorded reading is incorrect, the costs of the Off-Cycle Read will be waived.

ARTICLE 9 – LOAD SETTLEMENT SERVICES

In accordance with the Settlement System Code, LEU shall provide Load Settlement Services.

9.1 Load Settlement Information LEU shall determine and report to the Retailer and the Independent System Operator Load Settlement information as per Settlement System Code.

9.2 Distribution Losses and Unaccounted for Energy (UFE) Distribution losses are calculated based on total system Load. The hourly loss factors used in the calculation will be based on the Month and the day of the week. Unaccounted for Energy is calculated as the total system Load minus the sum of:

• deemed Loads • total interval-metered Load • total Energy allocated by Load profiles to non-interval metered Sites • total allocated system losses.


Distribution losses are allocated to a Retailer based on its share of total energy consumption for the Settlement Zone. Unaccounted-for Energy is allocated to a Retailer for the Settlement Zone based on its share of total Energy consumption plus losses. These loss factors will be defined for Month of the year and the day of the week, on an hourly basis.

9.3 Provision of Individual Customer Load Profiles to Retailers At the request of the Retailer, LEU will provide to the Retailer individual Customer Load profiles.

9.3.1 No Liability for Estimating Errors

The process of Retailer Load estimation involves statistical samples and estimating error. LEU shall not be responsible for any sampling or estimating errors and shall not be liable to any Retailer for any costs that are associated with such errors.

9.4 Exchange of Information

9.4.1 Provision of Customer Information to Retailer

LEU shall provide Customer Usage Information to a Retailer upon request and only after receiving written consent to such disclosure from the Customer. Prior to requesting LEU to release the Customer Usage Information, the Retailer shall be responsible for obtaining and providing to LEU the written authorization from the Customer referred to above in a form satisfactory to LEU.

9.4.2 Provision of Information between LEU and Retailer

LEU and the Retailer shall supply to each other all other data, materials or other information specified to be supplied in the Terms and Conditions, or that may otherwise be reasonably required by the Retailer or LEU in accordance with the Terms and Conditions. See the Distribution Tariff Fee Schedule for charges that will apply to certain requests made to LEU.

9.5 Discontinuance of Distribution Tariff Services at Request of Customer or Retailer

Customers arrange for termination of Distribution Tariff Services through their Retailer of Record. If Distribution Tariff Services are no longer required, the Retailer of Record must notify LEU at least 5 days before the service is to be discontinued. At the request of the Customer or Retailer, as applicable, LEU will also leave all of its Facilities in place after a discontinuance of service if the Customer or the Retailer, as applicable, agrees to pay the Minimum Charge. If disconnection of the Service Connection is requested, the terms of section “Disconnection and Permanent Termination of Service by Customer” apply. 9.6 Discontinuance of Distribution Tariff Services by De-energization


A Retailer may request that LEU de-energize a site. To discontinue Distribution Tariff Services through De-energization, a Retailer shall, at least 7 days before the site is to be de-energized, complete and provide to LEU a notice of De-energization pursuant to the requirements of the Settlement System Code. Such notice of De-energization shall clearly specify the Retailer’s reason(s) for seeking to de-energize a site. LEU reserves the right to verify the identity of the Customer of the Retailer pursuant to which De-energization has been requested, and the accuracy of the Customer Information that has been provided by the Retailer. Upon receipt of such notice, LEU will either:

(a) process the De-energization within 7 days; or (b) notify the Retailer within 2 Business Days that the notice of De-energization has been rejected and the reasons for such rejection. Upon receipt of the rectified notice of De-energization, LEU will, within 7 days, process the De-energization. Notwithstanding the foregoing: (c) LEU may reject the notice of De-energization if LEU, acting reasonably, determines that any information required in the application, including the Customer Information provided by the Retailer, is false, incomplete or inaccurate in any respect; (d) LEU will not process a De-energization if LEU, acting reasonably, believes De-energization would cause any actual or threatened danger to life or property; (e) LEU will not disconnect a residential or farm service Customer:

i. at any time during the period from October 15 to April 15, or ii. at any other time when the temperature is forecast to be below 0 degrees Celsius in the 24-hour period immediately following the proposed disconnection, although LEU reserves the right to install a device to limit or reduce the amount of electric energy provided to the Customer; and

(f) LEU will not disconnect any customer on behalf of a Retailer for financial reasons. Collections for energy and distribution charges are the responsibility of the Retailer. (g) at the request of the Retailer or the Customer, LEU will leave all of its Facilities in place after the Point of Delivery has been de-energized if the Retailer or Customer, as applicable, agrees to continue to pay the Minimum Charge.

Upon De-energization, the Retailer shall no longer be the Customer’s Retailer of Record unless otherwise requested by the Retailer in writing to LEU.


9.7 The Settlement Process

9.7.1 Settlement Calculations Settlement for each day is performed in three phases. Initial Settlement is carried out within a few days of the Day of Flow, Interim Settlement is carried out after approximately three months and Final Settlement is carried out after approximately seven Months. The Settlement System Code describes the settlement process in detail. LEU will use the “rolling daily” method for Interim and Final Settlement as described in the Settlement System Code. Initial Settlement is based largely on estimates and forecasts. Actual meter data are incorporated in the Interim and Final settlement. No further data changes are incorporated after Final Settlement. Revisions after Final Settlement will be on a financial basis outside of the Load Settlement processes.

Settlement Interval The time interval during which Load obligations must be calculated is set by the Power Pool and is not directly within the control of the LEU. Currently the Power Pool makes settlements based on hourly intervals.

Load Profiling The profiling cap for LEU is established at 500kVA. All Sites with Load above that level are or will be equipped with interval meters. Profiles are not required for interval metered Sites. Currently LEU utilizes Net System Load Shaping for load profiling but reserves the right to change the method of profiling in the future.

Deemed Load Profiles Deemed Load profiles are pre-specified Load shapes defined in advance. LEU will only use “deemed profiles for unmetered loads. Examples of unmetered loads include, but are not limited to the following:

• street lighting; • traffic control cabinets; • telephone booths; • irrigation systems; and • outdoor advertising signs.

9.7.2 Reporting/Posting Information

Settlement algorithms, Load profiles, UFE, losses, loss classes and Settlement Zone consumption data will be made publicly available. Individual Retailers will have access only to their consumption data, being restricted from access to other Retailers’


consumption data. Information reported will be consistent with the Settlement System Code. The Settlement System Code calls for a number of standard content, standard format electronic transactions which LEU will implement as described therein. A number of standard content, non-standard format transactions are also described. These are implemented in a variety of ways including electronic interface via the LEU web site (or designate), fax, e-mail, or telephone. For transactions and requests supported on the LEU website, the website (or designate) will be the only mechanism provided, and its use will be considered mandatory. 9.7.3 Fee For Service

Custom reports and other data will be provided to Retailers on request, on a fee for service basis as per the Distribution Tariff Fee Schedule.

Article 10 - CONSUMER PROTECTION

10.1 Disclosure Customers always have the right to access their information held by a Retailer and/or LEU. Any Retailer chosen by a Customer should have access to basic information held by LEU that is needed to serve the Customer and operate their business efficiently. LEU will ensure third party access to Customer specific information is restricted unless the Customer explicitly agrees to such access, provided however that such information shall not be subject to such confidentiality where such information is:

• Generally available to the electric industry or the public at the time of disclosure; • Subsequent to receipt by the LEU, becomes generally available to the electrical industry or the

public as a result of a disclosure by the Retailer or any Person authorized by the Retailer; • LEU establishes, by satisfactory evidence, was available to the LEU on a non-confidential basis

prior to its disclosure to the LEU; • Subsequent to receipt by LEU, LEU can establish, by competent evidence becomes available to

LEU on a non-confidential basis from a source other than the Retailer or an authorized representative of the Retailer, without breach of these Terms and Conditions;

• Must be disclosed by law to a governmental authority where there is no reasonable alternative to such disclosure.

Information may be transferred without consent in the case of legal, regulatory or law enforcement requirements (e.g., transfer of electricity information for drug investigations)

10.2 Errors Discovered by Retailers When a Retailer discovers that an error has being made in data transmitted, the Retailer shall correct the error immediately.

Article 11 - Liabilities and Indemnity


11.1 Force Majeure If an event or circumstance of Force Majeure occurs that affects LEU ability to provide the Electricity Services, Retail Access Services, Distribution Access Services, Transmission Connected Services, Distributed Generation Interconnection Services, or any other service provided under these Terms and Conditions (the “Services”), so far as they are affected by the Force Majeure or the consequences thereof, the Services shall be suspended until such Force Majeure or consequences thereof are remedied and for such period thereafter as may reasonably be required to restore the Services. Where reasonably practical, LEU shall give notice to the Customer, Retailer, Distributed Generator, Transmission Connected Customer of such Force Majeure. It is recognized and agreed that it may not be possible for LEU to provide advance notice of such Force Majeure, in which case, LEU shall provide the Customer, Retailer, Distributed Generator, Transmission Connected Customer with notice as soon as practical. LEU is not liable to Customers, Retailers, Distributed Generators, and Transmission Connected Customers or any other Person in law, equity, contract or tort for any loss, damage, injury or claim or any nature whatsoever arising from or connected in any way with the amount or lack of notice given by LEU of an event of Force Majeure.

11.2 LWSP Not Liable for Retailer LEU provides Retail Access Services to Retailers under the Terms and Conditions for Retail Access Services and provides Consumer Services to Customers in accordance with these Terms and Conditions. Retailers and Customers may enter into an arrangement or agreement for the provision of services beyond those which LEU provides under these Terms and Conditions. None of LEU or its affiliates, directors, officers, agents, contractors, assigns or employees shall be liable to a Customer for any damages, injuries, losses, expenses, liabilities, fees (including reasonable legal fees), or costs suffered or incurred by any Customer or any other Person on premises owned, occupied or controlled by such Customer arising out of, or in any way connected with:

• LEU conduct in compliance with, or as permitted by LEU Terms and Conditions • a Retail Access Services Agreement between LEU and a Retailer; • any legal or regulatory requirements related to Retail Access Services, Distribution

Services, Transmission Connected Services or Distributed Generation Interconnection Services;

• a Retailer’s failure to perform any commitment to the Customer, including but not limited to the Retailer’s obligation to provide services to the Customer in accordance with any arrangement or agreement; or

• the presence, installation, use or equipment installed by or on behalf of a Retailer; • any action taken by or on behalf of a Retailer; • any acts, omissions or representations made by a Retailer in connection with soliciting

Customers for Retail Access Services or performing any of its functions in accordance with any arrangement or agreement,


• the disclosure of customer information by a Retailer. whether such damages, injuries, losses, expenses, liabilities, fees (including legal fees), or costs arise in contract, tort or otherwise, and whether such damages are direct, indirect or consequential.

11.3 Limitation of Liability LEU does not guarantee or promise uninterrupted service. Except for physical damages, injuries or losses suffered by a Customer and occurring as a direct result of the negligence of LEU or its employees acting within the scope of their employment, LEU shall not be liable to any Customer, Retailer, Distributed Generator, Transmission Connected Customer or other Persons in law, equity, tort or contract for any loss, damage, injury, or claim suffered or incurred arising out of, or in any way connected with, the provision by LEU of Electricity Services, Distribution Access Services, Retail Access Services, Retailer, Transmission Connected Services or Distributed Generation Interconnection Services, or any failure, defect, fluctuation, reduction, disconnection, suspension, curtailment or interruption in the provision of such Services. Notwithstanding anything to the contrary contained in these Terms and Conditions, LWSP or its affiliates, directors, agents, contractors, assigns, or employees shall be liable only for direct physical damages. “Direct physical damages” shall not include, any damages, injuries, losses, expenses, liabilities, fees (including legal fees), or costs which are of an indirect, special or consequential nature (“Indirect Damages”) regardless of whether they arise in contract, tort or otherwise. Without limiting the generality of the foregoing, Indirect Damages shall include loss of profits, loss of revenue, loss of production, loss of earnings, loss of contract, cost of capital, cost of purchased or replacement capacity or energy, loss of any use of any facilities or property owned, leased or operated by any person and any other indirect, special or consequential damages, injuries, losses, expenses, liabilities, fees (including legal fees), or costs whatsoever.

11.4 Indemnification Customers, Retailers, Distributed Generators, and Transmission Connected Customers shall indemnify and hold harmless, and at the option of LEU defend, LEU and its affiliates, directors, officers, agents, contractors, assigns and employees and each of them (collectively, “Affiliates”), from and against any and all claims, actions, costs, fees (including legal fees), fines, penalties and liabilities in tort, contract, or otherwise (collectively, “Liabilities”) brought against LEU which arise from, result from or are in connection with any act, omission or failure of any Customer, Retailer, Distributed Generator, Transmission Connected Customer, including any act, omission or failure of any of the any Customer, Retailer, Distributed Generator, Transmission Connected Customer arising from, resulting from or in connection with any duty or obligation of the Customer, Retailer, Distributed Generator, Transmission Connected Customer pursuant to these Terms and Conditions, pursuant to any other agreement or arrangement with


LEU, or between the Customer and a Retailer or between the Customer, Retailer, Distributed Generator or Transmission Connected Customer and any third party.

Without limiting the generality of the preceding paragraph, the Customer, Retailer, Distributed Generator or Transmission Connected Customer shall also indemnify and hold harmless, and at the option of LEU, defend LEU from and against all claims, actions, costs, fees (including legal fees and disbursements on an indemnity basis), judgments, fines, penalties and any liability in law, equity, tort or contract for any loss, damage, injury or claim of any nature whatsoever, brought again LEU by any Person, which arise from, result from, or are in any way connected with:

• Islanded Operation of the Customer’s, Retailer’s, Distributed Generator’s or

Transmission Connected Customer’s facilities; • The failure of the Customer’s, Retailer’s, Distributed Generator’s or Transmission

Connected Customer’s facility to detect and clear an electrical fault that occurs on LEU facilities;

• The failure of the Customer’s, Retailer’s, Distributed Generator’s or Transmission

Connected Customer’s facilities to shut down after De-energization from LEU facilities and before the automatic reclosing of LEU switching devices;

• The routine presence in or use of Energy over the wires, cables, devices or other facilities owned or controlled by the Customer, Retailer, Distributed Generator or Transmission Connect Customer.

• The failure of the Customer, Retailer, Distributed Generator or Transmission Connected Customer to perform any of their respective duties or obligations as set out in these Terms and Conditions; or

• the Customer’s, Retailer’s, Distributed Generator’s or Transmission Connected Customer’s improper use of Energy or electric wires, cables, devices or other facilities.

11.5 Interruption

LEU shall have the right, without any liability to any Customers, Retailers, Distributed Generators, and Transmission Connected Customers or any other Person in law, equity, contract or tort, to De-energize or otherwise curtail, interrupt or reduce Electricity Services or any other service provided under these Terms and Conditions when:

• LEU is directed to do so by the ISO • LEU reasonably determines that such a De-energization, curtailment, interruption or

reduction is necessary:

o To facilitate the construction, installation, maintenance, repair, replacement or inspection of any LEU facilities

o To maintain the safety and reliability of LEU Electric Distribution System, or a

connecting entity’s electrical system; or


o Due to any other reason, including Emergencies, forced outages, potential

overloading or the Electric Distribution System or Force Majeure. LEU will give Customers, Retailers, Distributed Generators, and Transmission Connected Customers as much notice of a De-energization, curtailment or interruption or reduction in Distribution Access Service as is practical, although it is understood and agreed that there may be circumstances in which no notice may be given prior to any such De-energization, curtailment, interruption or reduction. LEU is not liable to Customers, Retailers, Distributed Generators, and Transmission Connected Customers or any other Person in law, equity, contract or tort for any loss, damage, injury or claim of any nature whatsoever arising from or connected in any way with:

• A De-energization, curtailment or interruption or reduction in Electricity Services or any other service provided under these Terms and Conditions; or

• The amount or lack of notice given by LEU of De-energization, curtailment or interruption or reduction in Electricity Services or any other service provided under these Terms and Conditions.

ARTICLE 12 - MISCELLANEOUS

12.1 Compliance with Applicable Legal Authorities LEU and the Customer, Retailer, Distributed Generator, or Transmission Connected Customer are subject to, and shall comply with, all existing or future applicable federal, provincial and local laws, and all existing or future orders or other actions of the ISO or governmental authorities having applicable jurisdiction. LEU will not violate, directly or indirectly, or become a party to a violation of any requirement of the ISO or any applicable federal, provincial or local statute, regulation, bylaw, rule or order in order to provide Electricity Services including Customer Services, Retail Access Services, Distributed Generator Interconnected Services, or Transmission Connected Services. LEU obligation to provide Electricity Services is subject to the condition that all requisite governmental and regulatory approvals for the provision of Consumer Services have been obtained and will be maintained in force during such period of service. 12.2 No Assignment

The Customer, Retailer, Distributed Generator, or Transmission Connected Customer shall not assign any of its rights or obligations under these Terms and Conditions without obtaining: • any necessary regulatory approval(s); and • prior written consent of LEU, which consent shall not be unreasonably withheld.


No assignment shall relieve a Customer, Retailer, Distributed Generator, or Transmission Connected Customer of any of its obligations under these Terms and Conditions until such obligations have been assumed in writing by the assignee. Any assignment in violation of this Section shall be void. LEU may not assign any of its rights or obligations under these Terms and Conditions without obtaining any necessary regulatory approvals. No assignment shall relieve the assigning Party of its obligations under these Terms and Conditions, the Retail Access Service Agreement or the Interconnection Agreement until such obligations have been assumed by the assignee in writing. Any assignment in violation (this section) of these Terms and Conditions shall be void. Notwithstanding the foregoing, LEU may assign any or all of its rights and obligations under these Terms and Conditions, the Retails Access Services Agreement, and the Interconnection Agreement without the Customer’s, Retailer’s, Distributed Generator’s, or Transmission Connected Customer’s consent, to any entity succeeding to all or substantially all of the assts of LEU, if the assignee agrees, in writing, to be bound by all of the Terms and Conditions hereof and if any necessary regulatory approvals are obtained.

12.3 No Waiver The failure of either party to insist on any one or more instances upon strict performance of any provisions of these Terms and Conditions, or a Retail Access Services Agreement, or an Interconnection Agreement, or to take advantage of any of its rights hereunder, shall not be construed as a waiver of any such provisions or the relinquishment of any such right or any other right hereunder, which shall remain in full force and effect. No term or condition of these Terms and Conditions or a Retail Access Services Agreement, or an Interconnection Agreement shall be deemed to have been waived and no breach excused unless such waiver or consent to excuse is in writing and signed by the party claimed to have waived or consented to excuse.

12.4 Dispute Resolution

12.4.1 Resolution by LEU and Customers, Retailers, Distributed Generators, and Transmission Connected Customers Unless otherwise specified herein, any dispute arising between LEU and a Customer, Retailer, Distributed Generator, or Transmission Connected Customer in connection with these Terms and Conditions shall be resolved in accordance with Section 12.4 of these Terms and Conditions. LEU and the Customer, Retailer, Distributed Generator, or Transmission Connected Customer, acting reasonably and in good faith, shall use their best efforts to resolve the dispute as soon as possible in an amicable manner. LEU, a Customer, Retailer, Distributed Generator, or Transmission Connected Customer may provide written notice of its desire to have the dispute resolved. Within ten (10) working days of such notice being provided, the Officers of the LEU and the Customer, Retailer, Distributed Generator, or Transmission Connected Customer shall meet to attempt to resolve the dispute.


The costs of detailed analysis beyond the initial investigation will be borne by the requestor, unless it is found that LEU is in error.

12.4.2 Dispute Resolution – Arbitration Procedure Disputes that cannot be resolved by the officers of the Customer, Retailer, Distributed Generator, or Transmission Connected Customer shall be determined by arbitration. The provisions of the Arbitration Act (Alberta) shall apply to the appointment of the arbitrator, the arbitration process, and all other matters in respect of the arbitration.

12.4.3 Continuity of Service

All performance required under these Terms and Conditions and payment therefore shall continue during the dispute resolution proceedings. However, in the case of any such proceedings pertaining to amounts payable under these Terms and Conditions, any payments or reimbursements required as a result of the proceedings shall be effective as of a date to be determined in such proceedings and interest shall be paid thereon by the Party required to make the payment or reimbursement on the amount thereof at the rate to be determined in the arbitration proceeding, from the date so determined, until paid.

12.5 Default

12.5.1 Event of Default A Party will be deemed to be in default (“Defaulting Party”) of its obligations under LEU Distribution Tariff, these Terms and Conditions, the Retail Access Services Agreement or the Interconnection Agreement if: • it is the subject of a bankruptcy, insolvency or similar proceeding; • it makes an assignment for the benefit of its creditors; • it applies for, seeks consent to, or acquiesces in the appointment of a receiver,

custodian, trustee, liquidator or similar official to manage all or a substantial portion of its assets;

• violates any code, regulation or statute applicable to the supply of Energy; or • fails to pay the other Party (“Non-Defaulting Party”), when payment is due, or to

satisfy any other obligation or requirement under LEU Distribution Tariff, these Terms and Conditions, the Retails Access Services Agreement or the Interconnection Agreement, and fails to remedy any such failure or delinquency within 3 Business Days after receipt of a written notice thereof from the Non-Defaulting Party.

12.5.2 Rights Upon Default


In an event of default, the Non-Defaulting Party shall be entitled to pursue any and all available legal and equitable remedies and terminate the Retail Access Services Agreement or Interconnection Agreement without any liability or responsibility whatsoever except for obligations arising prior to the date of termination, by written notice to the Defaulting Party, subject to any applicable regulatory requirements. LEU may access security posted by a Party without prior notice, if the Party files a petition in bankruptcy (or equivalent, including the filing of an involuntary petition in bankruptcy again the Party), becomes a Defaulting Party pursuant to Section (above) of these Terms and Conditions or if for any reason a Party ceases to provide service to its Customers under its Terms of service. If a Party fails to make payment in accordance with these Terms and Conditions, LEU may immediately withhold or suspend the Party’s service, terminate service, transfer the Retailer’s Customers to the Default Supplier in the case of a Retailer, and apply any security held by LEU before the service coverage period of the security expires. Notwithstanding action provided for or taken pursuant to the preceding sentence, LEU may take credit action against any Party with respect to an account on which payment is not made to LEU. LEU may assess the Party for any or all administrative and collection costs relating to the recovery of LEU of amounts owed. If a Party fails to provide or maintain adequate security upon LEU request, LEU may immediately withhold or suspend services provided to the Party pursuant to these Terms and Conditions. If a Party or Person who guarantees the financial obligations of the Party, as the case may be, ceases to be in LEU estimation, creditworthy, LEU will demand alternative security and, if not provided, may immediately suspend the provision of further services to the Party and its Customers, as the case may be, until LEU in its sole discretion determines that the Party is capable of meeting its payment obligations by either satisfying the credit requirements or providing security. Any withholding or suspension under Section XX (this main one x.0) of these Terms and Conditions shall not relieve the Party from any obligation to pay any rate, charge or other amount payable which as accrued or is accruing to LEU.

12.6 Notices

Unless otherwise stated herein, all notices, demands or requests required or permitted under these Terms and Conditions shall be in writing and shall be personally delivered, mailed or emailed addressed as follows: • If to the Customer, the address and the addressee on record with LEU • If to LEU,

City of Lethbridge Electric Utility Infrastructure Services


910 4th Avenue South Lethbridge, Alberta T1J 0P6 Fax Number: (403) 329-4657

A party may change the address or addressee from time to time by giving written notice of such change to the other party in accordance with this Section. Any notice, demand or request made, given or delivered hereunder by email shall be deemed to be received on the day of transmission if sent during the normal business hours of the recipient, failing which it shall be deemed to be received on the next following Business Day.


Schedule A: Electric Utility On-Site Investment

Service Load (kVA)

Investment Basis

Maximum Investment

Lighting Services N/A No investment toward NUC $0

Under 5 N/A No investment toward NUC for unmetered service connections

$0

Subdivision Per Service Per 5 kVA standard service connection $2100

5 – 150 Per kVA Per standard service connection $130

151 – 299 Per Service 300 kVA Transformer $23,500



750 – 999 Per Service 1,000 kVA Transformer $46,000

1,000 – 1,499 Per Service 1,500 kVA Transformer $56,750

1,500 – 2,000 Per Service 2,500 kVA Transformer $62,000 * NUC: Net Electric Utility Cost including on-site and off-site costs

Schedule B: Off-Site Refund

Years of Service Refund Minimum for Refund

Year 1 Customer Contribution less NUC On-site No refund if less than $200




Year 5 Customer Contribution less NUC On-site No refund if less than $1,000

After Year 5 No refund * NUC On-site: Net Electric Utility On-Site Cost


Schedule C: Service Credit/Charge

Service

Connection Contract Demand Increase

(Service Connection Upgrade) Contract Demand Decrease

(Service Connection Buy-Down)

Lighting N/A N/A

Under 5 kVA N/A N/A

Subdivision N/A N/A

5 – 150 kVA standard service

N/A N/A

5 – 150 kVA non-standard service

Credit toward upgrade(1) cost equals unused portion of customer contribution less salvage cost(2) N/A if credit under $1,000

No credit or charges

Over 151 kVA Credit toward material upgrade(3) cost equals unused portion of customer contribution less salvage cost(2) N/A if credit under $1,000

Charge equals salvage cost(2) less unused portion of customer contribution N/A if charge is under $1,000 N/A if more than 5 years has elapsed since original in-service date.

(1) Upgrade to service load larger than 150 kVA (2) Salvage Cost = Original Cost – Salvage Value, or if no salvage value, estimated net book value of original LEU

investment in unused portion of service connection. (3) Material Upgrade being a service load increase sufficient to require LEU to provide the connection using

significantly different design or equipment.


Appendix A: Service Connection Investment Proposal

City of Lethbridge Electric Utility Distribution Service Connection Proposal Proposal Date:

Version:

Service Connection Location:

Developer/Applicant:

Contract Demand:

Estimated: NUC Customer A Shared off-site costs $

B Dedicated off-site costs $

D On-site costs $ E Less: LEU standard investment $ F Net On-Site Costs (D – E) $ G Net On-Site Costs greater than 0 (F > 0) $ H Total Net Utility Costs (NUC) (A + E) $ I Total Customer Contribution (B + G) $

J Secondary Service Fees $ K Total Customer $


Appendix B: Distribution Service Agreement

Electric Utility

Distribution Service Agreement

Service Location: DSA # Date: Distribution Service Agreement made this (day) of (month), year between Customer City of Lethbridge Electric Utility (LEU) Address AND 910 4th Avenue, South Lethbridge, AB Lethbridge, AB T1J 0P6 Hereinafter called the “Customer” Hereinafter called the “LEU”

Whereas the Customer and the LEU enter into an agreement for the provision of electric services at the location known as: 1. The Customer and the Electric Utility agree as follows:

a) An Agreement term of : b) A Customer Contribution of : $ c) A Contract Demand of: A Minimum Contract Demand of: A Maximum Contract Demand of: d) Special Arrangements: (Attached Appendix)

2. This Distribution Service Agreement is subject to the City of LEU Terms and Conditions of Electric Distribution Services, The Electric Utilities Act and any other applicable legislation or regulations.

3. Notwithstanding any customer contribution required for distribution services, the Customer shall not acquire ownership interest in any of the equipment constructed, maintained or operated by LEU. 4. Changes to Contract Demand requirements must be made in accordance with the Terms and Conditions. 5. This Agreement shall supersede and replace any and all prior agreements, oral or written, between the parties or their predecessors, relating to distribution services.


6. No amendment, waiver or any breach of the Terms & Conditions of this Agreement will be valid or binding unless set forth in writing and duly executed by both of the parties. 7. Either the Electric Utility or the Customer may initiate a renegotiation of the Distribution Service Agreement. Customer Authorized by: _____________________________ (Please Print) Title: _____________________________________ Signature: _________________________________ City of Lethbridge Electric Utility Authorized by: _____________________________ (Please Print) Title: _____________________________ Signature: _____________________________


October 7, 2008


Council Meeting His Worship the Mayor and Members of City Council Re: Bylaw 5543 2009 Recycling Bylaw With reference to the above captioned please find enclosed Bylaw No. 5543 for Council’s consideration and first reading. Also on the Agenda you will note a submission from Mr. David Schaaf, Waste and Recycling Manager. This bylaw, if approved, will replace Bylaw 4555 and will implement a monthly recycling fee of $3.60 for each dwelling unit effective January 1, 2009 as proposed in the 2009 – 2011 Operating Budget. Douglas S. Hudson, Q.C. City Solicitor

BYLAW NO. 5543

*************************

A BYLAW OF THE CITY OF LETHBRIDGE TO PROVIDE FOR THE RECEPTION, PROCESSING AND MARKETING OF RECYCLABLE MATERIALS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEREAS a Council may by Bylaw make provision for the regulation of any matter or thing for the protection of life or property; AND WHEREAS the Council of the City of Lethbridge has declared that the reception, processing and marketing of recyclable materials is required for the protection of life and property of the citizens of the City of Lethbridge by reducing the rate of consumption of landfill capacity; NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "The Recycling Bylaw". 2. In this Bylaw unless the context otherwise requires:

(a) “Account” means an agreement between the Applicant and the City of

Lethbridge for the provision of Utilities. (b) “Apartment” (more than 6 dwellings units) shall mean any premise occupied

or used as an abode or residence or place of living consisting of more than six dwelling units.

(c) “Application” shall mean the application made by an Applicant to the City for the supply of Utilities. (d) “Applicant” means the owner or occupier of a specific property for which Utilities are requested or provided.

(e) "Bylaw Enforcement Officer" means such person or persons as shall from

time to time be appointed by the City Manager. (f) "City" means the corporation of the City of Lethbridge or the area contained

within the boundaries thereof, as the context requires. (g) "Collector" means a person who receives, processes and markets recyclable

solids within the City for and on behalf of the City.

2 (h) “Condominium” means a premise divided into individually owned units

as described in the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22. Condominiums that contain 2 to 6 dwelling units are considered to be the same as Multi-Family Residential. Condominiums that contain greater than 6 dwelling units are considered to be the same as Apartments.

(i) “Customer” shall mean any person, corporation or organization who has

entered into a contract with the City for utility provision at a particular premises, or who is the owner or occupant of any premises connected to or provided with a utility.

(j) "Depots" means those locations designated by the Engineer as suitable sites

for the collection of recyclable solids. (k) “Dwelling Unit” shall mean one or more rooms useable as a residence

operated as a single housekeeping unit and having its own sleeping, cooking and sanitary facilities.

(l) "Engineer" means the Infrastructure Services Director of the City of

Lethbridge or his duly authorized agent or representative. (m) “Hotel” means premises providing sleeping accommodation and ancillary

services in rooms or suites of rooms primarily for the traveling public, and shall include a motor hotel and any place of public accommodation which holds itself out or advertises its premises as a hotel.

(n) “Landlord Agreement” is a contract that will enroll a landlord as the customer

for Utility Provision when there is a vacancy at a premises that he owns. (o) “Multi-Family Residential Premises”(2-6 dwelling units) shall mean any

premise occupied or used as an abode or residence or place of living consisting of more than one dwelling unit and less than or equal to 6 dwelling units.

(p) “Non-residential Customer” shall mean a customer owning or occupying a

premises that does not contain a dwelling unit and includes: (i) any hotel, (ii) any room or suite of rooms in any building containing trade premises (q) “Occupant” shall mean a person or corporation in actual possession of any

premises either as owner or tenant. (r) “Owner” shall mean the registered owner of the property or the purchaser

thereof who is entitled to occupy and enjoy the property.

(s) “Penalty Date” shall mean the current bill date plus 23 days.

(t) “Performance Dividend" means a rebate of a specified amount

3 to all residential occupants. The specified amount shall be based upon

the City’s net revenues from the sale of recyclable products from the previous year.

(u) “Premises” means any land, building or part of a building supplied with

utilities by the City. (v) "Recycling Receptacle" means a container located at a recycling depot used

for receiving and storing recyclable solids. (w) "Recycling Services" means the reception, processing and marketing of

Recyclable Solids. (x) "Recyclable Solids" means that portion of the refuse stream that can be

processed into marketable products and may include newsprint, cardboard, refundable metals and plastic containers and other materials such as selected plastics, glass and metals as may be designated from time to time by the Engineer.

(y) “Residential Customer” shall mean a customer owning or occupying a

premise that is a single family residential premise, multi-family residential premise, apartment or a condominium.

(z) "Retail Services Agent" means the City of Lethbridge Utility Services as pertaining to customer services, billing and accounts receivable.

(aa) “Single Family Residential Premises” (1 dwelling unit) shall mean any premise

occupied or used as an abode or residence or place of living consisting of a single dwelling unit.

(bb) “Trade Premises” means any premises used or intended to be used for

carrying on any trade, business, education, research or industry. (cc) “Treasurer” shall mean the Director of Corporate Services of the City, or an

agent or City employee authorized by such Director to act on behalf of the Director.

(dd) “Utility” and “Utility Provision” shall mean and include, as the context may

require: > The supply of water;

> The provision of wastewater collection and disposal; > The provision of waste collection and disposal; > The provision of recycling services; > The provision of electric services.

(ee) “Utility Services” shall mean the provision of retailing billing and customer

care services on behalf of the Utilities.

4

3. The City shall provide for the reception, processing and marketing of recyclable solids deposited in depots designated by the Engineer.

4. The Engineer shall obtain the appropriate approvals for recyclable solids depots

within the limits of the City of Lethbridge. 5. The City shall own and have the sole right to process and market recyclable solids

received at the depots. 6. The Council of the City of Lethbridge may delegate to a collector its responsibilities

pursuant to this Bylaw upon terms and conditions deemed appropriate to it. 7. Nothing in this Bylaw precludes a collector from receiving, processing or marketing

recyclable solids from residents, other agencies and jurisdictions. 8. For the purpose of billing, the customer contracted with the City of Lethbridge for the

supply of water will be the customer billed for charges as shown in Schedule “B”. 8.1 City Council may by Resolution declare a Performance Dividend to be paid to all

residential occupants in such amount it deems proper. 9. No person shall intermix or contaminate recycling receptacles with material

inappropriate to that receptacle. 10. No collector shall dispose in a landfill any material received at a depot without the

consent in writing of the Engineer. 11. No person shall scavenge or remove any materials received at a depot. 12. Subject to Section 11 nothing in this Bylaw prohibits any entity from collecting,

processing or marketing recyclable solids in the City of Lethbridge. 13. The City Manager, may from time to time, and upon such conditions as he deems

appropriate, appoint such person, or persons to the position of Bylaw Enforcement Officer of the City of Lethbridge for the purpose of enforcement of this Bylaw.

14. A person contravening any provisions of this Bylaw and any person responsible for

such contravention is guilty of an offence and is liable upon summary conviction in a Court of competent jurisdiction to a fine not exceeding TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS and costs.

15. (a) Where any Peace Officer or Bylaw Enforcement Officer believes that any

person has committed a breach of any provision of this Bylaw set out in Column 1 of Schedule "A" hereto, he may serve upon such person a notice or tag as provided herein.

(b) Service of any such notice or tag shall be sufficient if it is:

5 (i) personally served; (ii) served by double registered mail; (iii) when applicable attached to a vehicle in respect to which the offence is

alleged to have been committed. (c) Upon production of any such notice or tag within seven days from the date of

service of such notice, together with the payment of the sum specified in the Schedule hereto to a person authorized by the Chief of Police of the City of Lethbridge to receive such payment, and official receipt for such payment shall be issued, and subject to the provisions of this Section, such payment shall be accepted in lieu of prosecution.

(d) If the person upon whom any such notice or tag is served fails to pay the sum

within the time allotted, the provisions of this Section shall no longer apply. (e) Nothing in this Section contained shall: (i) prevent any person from exercising his right to defend any charge of

committing a breach of any of the sections in Schedule "A" hereto; (ii) prevent any person from laying an information complaint against any

other person for committing a breach of any of the sections in Schedule "A" hereto; and

(iii) prevent any person from exercising any legal right such person may

have to lay an information or complaint against any other person (whether such other person has made a payment under the provisions of this Bylaw or not), for breach of any of the sections in Schedule "A" hereto.

(f) Where any person has made a payment pursuant to the provisions of this

Section and is prosecuted for the offence in respect of which such payment has been made, such payment shall be refunded.

16. A customer shall comply with the Customer Account Terms and Conditions as set

6 out in Schedule “D”. 17. Bylaw No. 4555 and amendments thereto are hereby Repealed. 18. This Bylaw shall come into force and take effect on the 1st day of January, 2009.

READ A FIRST TIME this ______ day of __________, A.D. 2008. ________________________ _______________________________ MAYOR CITY CLERK READ A SECOND TIME this ____ day of _________, A.D. 2008. ________________________ _______________________________ MAYOR CITY CLERK READ A THIRD TIME this ____ day of _________, A.D. 2008. ________________________ _______________________________ MAYOR CITY CLERK

7 SCHEDULE "A" (PENALTIES FOR VIOLATION) SECTION 9 Contaminating a recycling receptacle $ 250.00 10 Collector disposing recyclables in $ 1,000.00 the landfill without authorization 11 Scavenging at a depot $ 250.00

8

SCHEDULE "B"

(Charges for Recycling Services)

The Recycling Services Charge will be $0.1184 dollars per day per dwelling unit. This rate applies to all residential customers in single family residences, multi family residences, apartments and condominiums. Apartment and condominiums that are centrally billed for waste services, will be centrally billed for recycling services.

9

SCHEDULE “D” CUSTOMER ACCOUNT TERMS AND CONDITIONS

General Provisions

1. The application when accepted by the Retail Services Agent shall be a contract between the applicant and the City by which the applicant agrees to be bound by all the provisions of this bylaw or any other bylaws or regulation of the City in connection with the supply of Utility Provision within the City of Lethbridge. The said contract shall not be transferable.

2. The Landlord Agreement will facilitate the continuance of Utility Provision upon the tenant vacating the property. The application fee is waived when a Landlord Agreement is in place. The use of this agreement is at the option of the landlord.

Application

3. Any applicant who requires Utility Provision shall apply to the City and pay an application fee of $20.00. The applicant may be required to sign an application or a contract for service, to supply information with respect to load and the manner in which the services will be utilized, and credit references.

4. The utility account shall be set up:

a. In the name of the owner of the property to which the utilities are to be supplied, or;

b. In the name of the purchaser of a property who is entitled to occupy the premises, or;

c. Where there is evidence of a landlord-tenant situation, in the name of the tenant or;

d. In the name of the general contractor in the case of a new building under construction.

5. An application shall be supported by such identification and legal authority of the applicant as the Retail Services Agent may require.

6. Upon making application, providing all information required by the City, and paying the application fee, deposit and any other sums herein required, there shall thereupon be a binding agreement between the customer and the City, for the Utility applied for, and the provisions of the application and this bylaw shall constitute the terms and conditions of such agreement.

7. Where the applicant is indebted to the City for any Utility Provision previously provided by the City, the applicant may not be allowed to complete their application, or be entitled to receive Utility Provision, until satisfactory arrangements have been made for payment of such outstanding account and any deposit required.

10Deposits

8. No deposits are required in order to establish a utility account where:

a. The applicant has had a utility account with the City of Lethbridge over the past 12 months and has a satisfactory credit history or;

b. The applicant can establish and maintain a credit worthiness satisfactory to the City of Lethbridge or;

c. The Retail Services Agent waives the requirement for a deposit.

9. Before obtaining a utility account, applicants who are not in the foregoing categories shall pay all arrears or previous balances owing, and shall also provide a guarantee of payment in the form of a cash deposit or irrevocable letter of guarantee from a financial institution, in a form suitable to the City, in the amount equal to the greater of:

a. 2 times the average monthly utility bill for the premises over the past 12 months; or,

b. $150 for each metered utility

10. The Retail Services Agent may waive the requirement for a deposit or adjust those requirements as appropriate to the perceived credit worthiness of the applicant.

11. Interest on each customer’s cash security will be calculated using a prescribed rate set by the City Treasurer. Simple interest will be calculated annually and then the interest will then be credited to the customer’s utility bill when the deposit is credited to the account.

12. The utility account deposit paid by such customer will be refunded with any accrued interest that has not already been credited to the customer’s account when the customer has:

a. has maintained an account with the City of Lethbridge for the past 12 months and has a satisfactory credit history or;

b. established and maintains a credit worthiness satisfactory to the City of Lethbridge or;

c. terminated their contract,

13. A customer has a satisfactory credit history with the City when the customer has:

a. been issued no more than ONE (1) disconnect notice,

b. not had utilities disconnected for non-payment of account, and

c. made no more than ONE (1) dishonoured payment to the City for utilities

in the preceding twelve (12) months.

14. Should a customer’s bank refuse to honour a payment because of non-sufficient funds or any other reason the customers account will be charged a $20.00 handling fee plus any other penalties or charges resulting from late payment. The Retail Service Agent may waive this charge at their discretion.

11PAYMENT OF UTILITY ACCOUNTS

15. Invoices for Utility Provisions shall be forwarded monthly to the customer and shall be payable at the office of the Retail Services Agent and such other places as may be designated by him.

16. Invoices shall be deemed rendered and other notices duly given when delivered to the customer personally, when mailed to or left at the premises where the Utilities are provided, or the last known address of the customer, or when e-mailed to the customer.

17. All charges and rates payable under this Bylaw shall be paid to the office of the Retail Services Agent and the collection of all disbursements connected with the operation of the Utility and supervision of books of account shall be under the immediate control and direction of the Retail Services Agent.

18. The Retail Services Agent shall be promptly notified of all connections made or of any discontinuance of Utility Provisions so that the proper charges or allowances may be made against or to any person or persons liable to pay for the Utility Provisions consumed or who is entitled to a refund where the Utility Provisions are disconnected. The Retail Services Agent may base the final charge for service on an estimated meter reading which will be prorated from the time of an actual meter reading.

19. Where any service rate or charge is designated by reference to a certain period of time, the charge for a lesser period of time shall be calculated on a proportionate basis.

20. An administration fee of $6.00 will be charged for each Utility invoice issued. The Retail Services Agent shall attempt to consolidate the utility service charges associated with one premises on a single invoice.

21. The entire utility account invoice is due and payable when rendered.

22. If the utility account invoice is not paid on or before the penalty date the account is deemed to be in arrears.

23. Failure to receive a utility account invoice will not entitle the customer to any delay in the settlement of each account or to any extension of the penalty date after which a penalty charge becomes applicable.

24. In the case of a dispute between the customer and the city, the customer shall be expected to make payment or settlement as originally arranged and agreed to, pending the resolution of the dispute.

25. A customer who has not paid the full utility account invoice on or before the penalty date may have the supply of all or any Utility Provisions discontinued without notice and such service will not be reinstated until all arrears and charges owed to the City are paid.

12LATE PAYMENT PENALTY

26. When the customer pays the utility account invoice after the penalty date, the customer shall pay a penalty charge of 3.0% of the total amount due. Payments must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty. Payments made at a financial institution must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty.

27. For greater certainty, a customer is obliged to pay for utilities when the invoice is rendered and it is a breach of the Utility Provisions agreement to make a late payment. The late payment penalty is not to be construed as permission for the customer to pay late but is rather a penalty for breaching the terms of the Utility Provision agreement.

ENFORCEMENT

28. A customer who fails to make payment on time will be subject to normal credit action, which may include, but is not limited to:

a. Disconnection Notice;

b. Notification by telephone;

c. Use of collection agencies;

d. Requiring prepayment before additional service;

e. Withholding of additional service and

f. Legal action

29. A fee of $15.00 will be charged for each Disconnection Notice issued. Disconnection Notices are issued when a customer account is in arrears.

30. The payment of any rates, charges, tolls, fares, or rents as provide by this Bylaw may be enforced by all or any of the following methods, namely:

a. By action in any Court of competent jurisdiction.

b. By suspending the delivery of Utility Provisions

c. By distress and sale of the goods and chattels of any persons owing such rates, chares, tolls, fares, or rents wherever the same may be found in the City.

31. Where the customer is the owner or purchaser of a building lot or part of a lot served by Utilities, the sum payable by him for the Utility Service supplied by the City to him or for his use, and all rates, costs and charges or loans made to him imposed under this Bylaw are a preferential lien and charge on the building, lot or part of a lot, and on the personal property of the debtor and may be levied and collected in like manner as municipal rates and taxes recoverable.

32. Where the customer to whom the Utility has been supplied is a person other than the owner or purchaser of the building, lot or part of a lot, the sum payable by the person is a debt due by him and shall be a preferential lien and charge on his personal property and may be levied and collected with costs by distress.

13ARREARS

33. Any Utility Provision expenses, rates or rents that may be charged as taxes against a person may be entered on the assessment and tax roll at any time.

TERMINATION BY CITY

34. The city may discontinue the supply of all Utility Provisions for any of the following reasons:

a. Non payment of any utility accounts; or

b. Inability of the City to obtain access to a residential premises to read any meter for a period of six months, or inability to access a non-residential premises to read any meter for a period of three months; or

c. Failure by, or refusal of, a customer to comply with any provision of this bylaw; or

d. Failure by, or refusal of, a customer to comply with any provisions of any Provincial Acts, the Building code, or any regulations thereunder; or

e. At the owner’s request to have services discontinued, provided the premises are not lawfully occupied; or

f. In any other case provided for in this bylaw.

35. The following fees will be charged if the city discontinues services for non payment of a utility account:

a. $40.00 for each electric service disconnection

b. $40.00 for each electric service reconnection

c. A fee as stated in Schedule A of the Water Service Bylaw for water service shut off for non payment.


October 7, 2008


Council Meeting His Worship the Mayor and Members of City Council Re: Bylaw 5544 A Bylaw of the City of Lethbridge to provide for Waste Services With reference to the above captioned please find enclosed Bylaw No. 5544 for Council’s consideration and first reading. Also on the Agenda you will note a submission from Mr. David Schaaf, Waste and Recycling Manager with respect to this bylaw which replaces Bylaw 5350. This bylaw, if approved, will implement a residential monthly waste fee of $13.35 effective January 1, 2009 consistent with the proposed 2009 – 2011 Operating Budget. In addition the tipping rate at the landfill for mixed solid waste shall be $44.50 per tonne. These rates are consistent with the proposal in the 2009 – 2011 Operating Budget Douglas S. Hudson, Q.C. City Solicitor

BYLAW NO. 5544 ---------------------

A BYLAW OF THE CITY OF LETHBRIDGE

FOR THE PROVISION OF WASTE SERVICES IN THE CITY OF LETHBRIDGE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

WHEREAS City Council may pass bylaws for municipal purposes respecting public utilities; AND WHEREAS City Council has established a system for the collection, removal and disposal of garbage and waste. NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, ENACTS AS FOLLOWS:

1. This Bylaw may be cited as "The Waste Bylaw". 2. In this Bylaw unless the context otherwise requires:

(a) “ACCOUNT” means an agreement between the Applicant and the City of Lethbridge for the provision of Utilities.

(b) “APARTMENT (MORE THAN 6 DWELLING UNITS)” shall mean any premise occupied or

used as an abode or residence or place of living consisting of more than six dwelling units.

(c) “APPLICATION” shall mean the application made by an Applicant to the City for the supply of Utilities.

(d) “APPLICANT” means the owner or occupier of a specific property for which Utilities are

requested or provided.

(e) "ASHES" means cold residue from the burning of wood, coal and other like material for the purpose of cooking, heating buildings and disposition of waste combustible materials.

(f) “AUTOMATED COLLECTION” means the collection of waste by a system of mechanical

lifting and tipping of containers into specially designed vehicles.

(g) “BIOMEDICAL WASTE” means medical waste that requires proper handling and disposal because of environmental, aesthetic, and health and safety concerns as well as risks to human health and includes:

(i) human anatomical waste;

(ii) infectious human waste;

(iii) infectious animal waste;

(iv) microbiological waste;

(v) blood and body fluid waste; and

2

(vi) medical sharps, such as needles, syringes, blades, or other clinical or laboratory materials capable of causing punctures or cuts.

(h) "BOULEVARD" means that portion of highway between the curb lines or lateral lines of a

roadway and the adjoining property lines, exclusive of the sidewalk; also that portion of a street between the curb lines or lateral lines of a divided roadway;

(i) "BUILDING Waste" means all waste produced in the process of constructing, demolishing,

altering or repairing a building and shall include, but not be limited to soil, vegetation and rock displaced during the process of building.

(j) "BYLAW ENFORCEMENT OFFICER" means such person or persons as shall from time to

time be appointed by the City Manager.

(k) "CITY" means the corporation of the City of Lethbridge or the area contained within the boundaries thereof, as the context requires.

(l) "COLLECTOR" means a person or corporation who collects waste within the City for and on

behalf of the City. (m) “CONDOMINIUM” means a premise divided into individually owned units as described in the

Condominium Property Act, R.S.A. 2000, Chapter C-22. Condominiums that contain 2 to 6 dwelling units are considered to be the same as Multi-Family Residential. Condominiums that contain greater than 6 dwelling units are considered to be the same as Apartments.

(n) "CUBIC METRE" for the purposes of collection shall be one cubic meter of volume of waste.

(o) "CURB" means the actual curb, if there be one, and if there be no curb in existence, shall mean

the division of a highway between that part thereof intended for the use of vehicles and that part thereof intended for the use of pedestrians;

(p) “CUSTOMER” shall mean any person, corporation or organization who has entered into a

contract with the City for utility provision at a particular premises, or who is the owner or occupant of any premises connected to or provided with a utility.

(q) “DWELLING UNIT” shall mean one or more rooms useable as a residence operated as a single

housekeeping unit and having its own sleeping, cooking and sanitary facilities.

(r) "ENGINEER" means the Infrastructure Services Director for the City of Lethbridge or his duly authorized agent or representative.

(s) "FOOD WASTE DISPOSAL UNITS" means an electrically operated unit intended to be used

with kitchen sinks and designed to grind garbage into a state suitable for discharge into the sanitary sewer system.

(t) "GARBAGE" means waste bi-products produced from household & commercial process and can

be composed of organic and inorganic material.

3 (u) “HAZARDOUS WASTE” means any substance or thing that falls within the definition of

hazardous waste in Schedule 1 of Alberta Regulation July 6, 1999 192/96, the Waste Control Regulation.

(v) “HOTEL” means premises providing sleeping accommodation and ancillary services in rooms or

suites of rooms primarily for the traveling public, and shall include a motor hotel and any place of public accommodation which holds itself out or advertises its premises as a hotel.

(w) "LANDFILL" means an area maintained by the City and designated as such by the Engineer.

(x) “LANDLORD AGREEMENT” is a contract that will enroll a landlord as the customer for

Utility Provision when there is a vacancy at a premises that he owns. (y) "LANE" means a narrow highway intended chiefly to give access to the rear of buildings and

parcels of lands.

(z) “MANUAL COLLECTION” means collecting waste by manually tipping cans or lifting bags into a waste collection vehicle.

(aa) "MEDICAL HEALTH OFFICER" means the director in charge of the Chinook Health Region.

(bb) “MULTI-FAMILY RESIDENTIAL PREMISES (2-6 DWELLING UNITS)” shall mean any

premises occupied or used as an abode or residence or place of living consisting of more than one dwelling unit and less than or equal to 6 dwelling units.

(cc) “NON-RESIDENTIAL CUSTOMER” shall mean a customer owning or occupying a premises that

does not contain a dwelling unit and includes: (i) any hotel,

(ii) any room or suite of rooms in any building containing trade premises (dd) "OCCUPANT" shall mean a person or corporation in actual possession of any premises either as

owner or tenant.

(ee) “OWNER” shall mean the registered owner of the property or the purchaser thereof who is entitled to occupy and enjoy the property.

(ff) “PENALTY DATE” shall mean the current bill date plus 23 days.

(gg) “PLASTIC GARBAGE BAG” means a sturdy plastic bag specifically marketed to store waste, and excludes bags that are intended for other purposes.

(hh) "PREMISES" means any land, building or part of a building supplied with Utilities by the City.

(ii) “RESIDENTIAL CUSTOMER” shall mean a customer owing or occupying a premise that is a single family residential premise, multi-family residential premise, apartment or a condominium.

(jj) "RETAIL SERVICES AGENT" means City of Lethbridge Utility Services as pertaining to

customers services, billing and accounts receivable.

4(kk) "SIDEWALK" means that part of a highway primarily intended for the use of pedestrians

and includes the part lying between the curb line or edge of the roadway and the adjacent property line, whether or not paved or improved.

(ll) “SINGLE FAMILY RESIDENTIAL PREMISES (1 DWELLING UNIT)” shall mean any

premise occupied or used as an abode or residence or place of living consisting of a single dwelling unit.

(mm) "STREET" means a public thoroughfare within the City and includes, where the context so

allows, the sidewalk and borders of the street and all parts appearing in the Land Titles Office as set aside for a public thoroughfare; when used in distinction to a lane it means the public thoroughfare on which the premises in question front.

(nn) “TRADE PREMISES” means any premises used or intended to be used for carrying on any trade,

business, education, research or industry. (oo) “TREASURER” shall mean the Director of Corporate Services of the City, or an agent or City

employee authorized by such Director to act on behalf of the Director.

(pp) “UTILITY” and “UTILITY PROVISION” shall mean and include, as the context may require: o The supply of water; o The provision of wastewater collection and disposal; o The provision of waste collection and disposal; o The provision of recycling services o The provision of electric services

(qq) “UTILITY SERVICES” shall mean the provision of retailing billing and customer care services

on behalf of the Utilities

(rr) "WASTE" means any discarded household debris, commercial debris, recyclables, or household hazardous wastes as herein defined.

(ss) “WASTE BIN” means any bulk waste container with capacity of 1m³ (1.3y³) or greater requiring

mechanized collection.

(tt) “WASTE COLLECTION CART” means a cart that is supplied by the City of Lethbridge designed to place waste into then rolled to a collection point and emptied by an automated collection truck.

(uu) "WASTE RECEPTACLE" means a container designed or used for containing waste awaiting

collection and disposal.

(vv) "WET GARBAGE" means the kitchen waste containing liquids originating from hotels, boarding houses and restaurants but excludes drained kitchen waste which have been properly packaged.

3. This Bylaw applies to all waste produced within the boundaries of the City. 4. Except as otherwise provided in this Bylaw, the City shall provide for the public collection and removal

of waste within the limits of the City and shall supervise the facilities and equipment necessary or desirable for the management of waste collected or disposed by the City.

5 5. The Engineer shall:

(a) supervise the collection, removal and disposal of waste, and

(b) direct the days and times that collections shall be made from different portions of the City, (c) decide as to the quantities and classes of waste to be removed from any premises or accepted by

the City for disposal,

(d) decide as to the method in which waste will be collected, which will be either:

(i) manual collection, or

(ii) automated collection. (iii) shared bin service

(e) decide as to the location from which waste collection will take place, which will be either:

(i) front street collection or;

(ii) rear lane collection.

6. (a) Any waste that is to be collected, whether it be in a waste receptacle, waste bin or waste

collection cart: (i) must be bagged to prevent loose waste from escaping, or;

(ii) where bagging is not possible must be prepared or packaged in a manner that will prevent loose material from escaping.

7. (a) The occupant of any residential premises in the City from which waste is to be collected shall

provide and maintain in good condition a number of waste receptacles conforming to the specifications prescribed in this bylaw, sufficient to hold a minimum of one week's accumulation of waste from the premises.

(b) Except as otherwise provided no person shall place waste from a building or premises elsewhere

than in waste receptacles which comply with the requirements of this bylaw.

(c) Waste receptacles provided by the occupant shall be either a waste container or a waste collection cart.

(d) The occupant of the premises shall ensure the waste containers used:

(i) are constructed of a sturdy, water-tight material; (ii) are maintained in good condition; (iii) have fixed rigid handles and a smooth rim; (iv) have properly fitting lids that are kept closed except when the containers are loaded or

unloaded; (v) are of a tapered cylindrical design such that waste will slide out; and (vi) not be less than 70 litres and not more than 100 litres in size.

6

(e) Waste containers larger than 100 litres may be used only if the container is wheeled and if plastic garbage bags are used in the waste container so that the bags can be removed without the need to lift the waste container.

(f) The occupant of the premises shall ensure the plastic bags used:

(i) are made of a material capable of bearing the weight of its contents without tearing or breaking when lifted; and

(ii) are securely tied or fastened so that the contents are wholly enclosed by the bag; and

(iii) are no smaller than 60 litres, no larger than 100 litres, approximately 85 cm in height,

approximately 70 cm in width; and

(iv) are placed in a waste enclosure or waste container to adequately protect the bags from scavenging by animals.

(g) The occupant of the premises will be provided with a waste collection cart if they are being

provided with an automated collection service. (h) The city will provide the first cart to a premises; (i) The cart is to stay at the premises at all times;

(ii) The City may, at the time of collection or any other time, remove, repair or replace any obsolete, damaged or non-serviceable carts;

(iii) If the waste collection cart is lost, stolen or damaged resulting from customer negligence,

the customer is responsible to purchase a replacement cart from the City.

(i) A waste receptacle shall not be filled to a height greater than 5 cm from the top of the receptacle.

(j) The Engineer or his designate reserves the right to withhold collection of waste where the waste receptacle does not meet the necessary requirements or is in a dilapidated, unsafe or unsanitary condition.

8. (a) A collector shall not be required to remove any waste receptacle which, together with its

contents, exceeds 25 kilograms in weight (55 lbs). 9. (a) Except as otherwise provided herein, no person shall place or keep waste receptacles upon any

portion of the street or lane. Any waste receptacle improperly left in the street may be removed and disposed of by the City.

(b) No person who has manual waste collection shall set out waste receptacles at locations that are: unsafe, obstructed, blocked by snow, ice, poorly maintained, and uneven or that prevent waste collectors from collecting waste in a safe and efficient manner.

(c) The occupant of residential premises shall place waste receptacles for collection in such a way that collectors shall have access without the necessity of entering into private property.

7(d) Waste receptacles set out for manual collection at premises serviced by front street pickup

must be placed such that:

(i) where there is a combined curb sidewalk, the receptacles are placed not more than 1 meter away from the travel portion of the sidewalk adjacent to and directly in front of the premises;

(ii) where there is a separated curb and sidewalk by a boulevard, the receptacles are placed

not more then 1 meter away from the travel portion of the street adjacent to and directly in front of the premises;

(iii) where there is a curb and no sidewalk, the receptacles are placed not more then 1 meter

away from the travel portion of the street adjacent to and directly in front of the premises.

(e) Except where in the opinion of the Engineer, it is impractical to store waste receptacles outside of the building, no collector shall make a collection of waste from inside any building.

(f) Automated waste collection carts shall be:

(i) set out in accordance with the instructions and operating policy of the engineer;

(ii) set out on the street by the curb or in the lane on collection day; (iii) set out so that they will not be likely to be overturned; (iv) stored on the property when not being used.

(g) The City shall collect waste from only one pick-up point from each premises, except where the

Engineer has designated any other pick-up point he considers necessary.

(h) The owner of premises using commercial waste bins must ensure that:

(i) the site manager is responsible for providing acceptable storage locations for the required waste bins;

(ii) waste bins are located at locations that allow for safe and efficient collection vehicle access, as determined by the Engineer;

(iii) bin storage locations are not located indoors except where the engineer has determined that it is impractical to store the waste bins outdoors. When stored indoors, the customer is responsible to move the bin out for collection and then return to storage.

(iv) where waste bins must be moved to allow for waste collection, the site manager shall provide storage locations that will only require bins to be moved a short distance over a smooth, level, at grade surface where any ice, snow, or mud accumulations have been thoroughly removed;

(v) waste bins shall not be filled higher than the upper rim or in a manner which prevents full closure of the lid. The waste bin lids must be left closed except when depositing waste in order to reduce odours and to prevent waste from being blown from the bins.

8

(vi) all waste bins used to store commercial or residential waste are required to have lids. Bins used to store construction or demolition waste may have lids removed to facilitate the emptying of the bin.

(vii) to control odours the customer is responsible to keep the waste bin clean and sanitized.

10. The occupant of the premises from which waste is to be collected when the premises are fenced from the lane or street where collection is made:

(a) Shall provide waste boxes or enclosures for the protection of waste receptacles and in other applications as required by the Engineer.

(b) Residents with boxes or enclosures for manual collection are responsible for ensuring that the

design, construction and state of repair of any permanent enclosure for the storage of waste receptacles at lane collection locations allow for the safe and efficient collection of waste and meets the following requirements:

(i) Enclosure doors should be hinged at the sides with the bottom of the door located a

minimum of 15 cm above grade level;

(ii) door latches should be large enough to be used by waste collectors even while wearing mitts or gloves;

(iii) an enclosure should allow a minimum clearance of 30 cm above the waste receptacles and lids;

(iv) an enclosure should not be constructed in such a way that it requires waste collectors to lift waste receptacles over any obstacle exceeding 15 cm in height, and;

(v) be free of rodents, wasps, and other pests.

(c) Residential enclosures shall meet the minimum instructions, operating policy and design standards as set by the Engineer.

(d) Residential enclosures that are permanent can not encroach past the property line on to public

lanes or land.

(e) Enclosures are required for commercial waste bins and shall meet the minimum instruction, operating policy and design standards as set by the Engineer.

11. (a) An occupant of premises from which garbage is to be collected shall:

(i) Thoroughly drain all household garbage and place it in a plastic garbage bag before disposing of it in the waste receptacle.

(ii) Quench all ashes for collection and put them in separate waste receptacles from the other

waste.

9 (iii) double bag all light, dusty, or objectionable materials including cooled ashes, powders,

sawdust, vacuum cleaner bags, furnace filters, animal feces and absorbents, and disposable diapers.

(iv) use protective packaging (sturdy sealed cardboard box or rigid disposable plastic

container) for the disposal of sharp, dangerous items including broken glass, razor blades, sheet metal scraps, and items with exposed screws or nails.

(v) ensure material unsuitable for bagging is to be bundled and securely tied with the bundles

not exceeding 1.2 meters (4 feet) in length, 0.75 meters (2.5 feet) in diameter, and 25Kg (55 lbs) in weight.

(b) Collectors shall not collect ashes which are not properly quenched and appear to be hot or likely

to cause a fire. 12. Subject to the provisions of sections 14 the City shall collect waste: (a) From each residential premises once each week.

(b) To the extent that the circumstances require, with the frequency that the Engineer shall direct from:

(i) hotels, restaurants and apartment houses,

(ii) business and professional offices,

(iii) retail and wholesale merchants,

(iv) other commercial premises, whether similar or dissimilar,

(v) industrial premises, and

(vi) agricultural and irrigated areas.

13. (a) Waste receptacles and waste collection carts must be placed at collection points no later than

7:00 A.M. on the scheduled collection day.

(b) All waste receptacles or waste collection carts must be removed from the street or lane within 24 hours of being emptied on the collection day and stored on the property when not in use. Any waste receptacle or waste collection carts improperly left on the street or lane may be removed by the City.

14. The City shall not remove the following from premises:

(a) highly combustible or explosive materials including but not limited to liquid or solid fuels, gunpowder, ammunition or explosives,

(b) hot ashes, (c) compressed propane or butane cylinders,

10 (d) toxic or household hazardous waste including solvents, oven cleaners, paints, automotive fluids,

wet cell batteries, pesticides, herbicides, or any material commonly referred to as household, commercial, or industrial hazardous waste, or any other material that is managed through the Province of Alberta Household Hazardous Waste program,

(e) biomedical waste including hypodermic needles or syringes, lancets or any sharp item used in

home medical care,

(f) large or bulky items such as mattresses, box springs, dressers, tables, chairs, major appliances, auto and truck parts, tires, tree limbs, whole shrubs or discarded heavy machinery except for materials that are collected as part of the Large Item Service,

(g) electronic equipment including televisions, computers, computer monitors, keyboards, and associated cables, or any other material that is managed through the Province of Alberta Electronics Recycling Program,

(h) renovation material, construction material, stumps, concrete blocks or slabs except for materials that are collected as part of the Demolition Bin service,

(i) Dead animals and animal parts from hunting or trapping, (j) paint, solvents or any other material that is managed through the Province of Alberta Paint

Recycling Program. 15. A Large Item Service program will be delivered as per Administrative policy describing the program

and approved by City Council. 16. (a) A person carrying out the construction, alteration or demolition of buildings or other building

operations shall remove from any portion of the street or lane adjacent to such work and from any public place where the same have been deposited all earth, rubbish or waste materials.

(b) The city will rent to owners of residential or commercial premises, waste bins for the purpose of

removing household waste, renovation or construction material. 17. (a) All waste unacceptable for removal by the City shall be disposed of by the occupant in the

Landfill or in such other location as from time to time may be approved of in writing by the Engineer.

(b) No potentially hazardous waste shall be delivered to the Landfill until arrangements have been

made with the Engineer for disposal. 18. (a) For the purpose of performing the duties assigned by this bylaw, every Bylaw Enforcement

Officer appointed by the Engineer may enter land from which the City is required to remove waste at all reasonable times.

(b) City collectors, as directed by the Engineer or his designate, may need to enter onto private

property to retrieve waste receptacles or waste collection carts for emptying or to perform other duties as assigned by this Bylaw.

11 19. (a) The City shall own and have the sole right to dispose of:

(i) All waste collected from premises in the City pursuant to the provisions of this bylaw, and

(ii) All waste delivered to the Landfill for disposal.

(b) The city shall own all waste collection carts used in automated collection.

(c) The city shall own all waste bins used in commercial waste collection where the city is the

service provider. 20. No person shall convey through any street in the City any waste except in the properly covered metal

receptacle or in a vehicle which is covered with canvas or tarpaulin, or other covering so that the contents are protected from being wind borne or falling on the streets, and to protect the contents from flies and to minimize as much as practicable the escape of any offensive odors. It shall not be necessary that a vehicle carrying solely soil, sand, gravel, or concrete be covered with a canvas or a tarpaulin.

21. Except for sand, cinder, or similar materials in reasonable quantities placed on any slippery streets or

sidewalks, no person shall place waste of any type or direct or allow it to be placed upon any portion of a street, lane, or public land.

22. (a) Every occupier of a hotel, boarding house, restaurant or retail or wholesale food outlet within the

City from which wet garbage is produced, shall make due provision for the disposal of wet garbage by means of food waste disposal units to the sanitary sewer system of the City or otherwise and shall not permit more than one day's accumulation of wet garbage on his premises at any time.

(b) No person shall remove wet garbage from any hotel, boarding house, restaurant or retail or

wholesale food outlet within the City for use as food for swine or other livestock except under the authority of permits issued by the Medical Health Officer and the Veterinary Director, Department of Health of Animals, Government of Canada.

(c) The Medical Health Officer may make regulations and prescribe forms with respect to:

(i) Applications for permits for wet garbage removal,

(ii) The conditions precedent to the granting of a permit,

(iii) The issue of permits,

(iv) The duration of permits,

(v) The conditions under which permits may be cancelled or suspended, and

(vi) Fees to be paid for permits.

23. (a) A person carrying out the construction, demolition or alteration of buildings or other building

operations on any property shall do so in such manner as to not permit building material or building waste material to remain loose, free or uncontrolled on the property.

12

(b) The main contractor on the building site shall be responsible for the actions of any subcontractor or tradesman who fail to comply with subsection (a).

(c) Any building material or building waste material which blows free from the building site shall be

recaptured, returned to the building site and deposited in a waste bin.

(d) The main contractor on a building site shall be responsible for the term of the construction in providing a suitable waste bin capable of receiving all building waste material and maintaining the same in a safe contained manner.

(e) Where the contractor is working on more than one building site and they are adjoining, he may

provide one building waste bin for each three building sites.

(f) The main contractor on a building site shall be responsible for having all unused building material and building waste material disposed of in the Landfill.

(g) The Engineer may direct the person carrying out the construction or alteration of a building to

provide a fence of a type that will trap any building material or building waste material in such a manner as to prevent it from escaping from the building site.

24. No person shall deposit waste in a waste bin or waste collection cart without the consent of:

(i) the owner of the property where waste bin or the waste collection cart is located; or

(ii) the occupant of the property where the waste bin or the waste collection cart is located.

25. (a) It shall be unlawful for any person to dump building waste, garbage or other waste material anywhere within the limits of the City of Lethbridge, except in the location designated by the Engineer as the Landfill, or in such other location as is approved in writing by the Engineer.

(b) No person shall dump waste in the Landfill except as directed by an employee or agent of the City of Lethbridge.

(c) No person shall scavenge in the Landfill.

(d) No person shall dump paper, plastic or other materials likely to blow free in the Landfill unless

the same is securely wrapped and tied or bagged.

(e) The Engineer may prescribe times in which no waste may be dumped in the Landfill and shall post signs at the entrance to the Landfill to this effect. No person shall dump waste in the Landfill during times when such dumping is prohibited.

25.1 The Enhanced Free landfill Disposal program will consist of: (a) Year round access on every Saturday during the year,

(b) Free landfill disposal will be available to all city of Lethbridge residential customers that receive waste services from the City.

(c) Free disposal of up to 250 kilograms of residential waste. (d) Fees for disposal of loads through the Enhanced Free Landfill Disposal Program are as set out in

Schedule “E”

13 (e) Special waste, Freon removal and loads arriving at the landfill unsecured are excluded from the

Enhanced Free landfill Disposal Program and are subject to fees as set out in Schedule “B”. 26. Save as herein specifically provided, nothing in this bylaw shall be deemed to nullify, amend, supersede

or repeal any provisions of the bylaw of the City of Lethbridge relating to fires or to public health but in the event of any conflict between such bylaws and this bylaw, the provisions of this bylaw shall be modified only to the extent necessary to give effect to the fire or health requirements as the case may be.

27. (a) All customers in the City of Lethbridge within such area and pickup frequency as may be designated by the Engineer for the provision of garbage collection services, shall pay to the City a charge as set out in Schedule "A" to this bylaw.

(b) Charges for the depositing of waste at the Landfill shall be as set out in Schedule “B”.

(c) Any person wishing to dispose of waste at the Landfill and establish a charge account for same

shall first make application to the Engineer.

(d) Any person not a resident of the City of Lethbridge, or a commercial hauler hauling waste from outside the City of Lethbridge, who wishes to dispose of waste at the Landfill shall first make an application to the Engineer and, at the discretion of the Engineer, shall establish an account to be paid on the time elapsed basis.

(e) The Engineer shall cause such measurements to be made and records to be maintained as he

deems necessary to estimate or determine the volume of waste removed from any premises and on the basis of such measurements and records shall establish the monthly charge to be levied on any occupier or commercial hauler. The Engineer on being satisfied that any estimate required to be amended may establish new charges.

(f) Where conditions exist which could require the application of a different rate, such rate will

apply from the date that written notification is received by the Engineer from the customer.

(g) In the event that the charged volume is in error adjustments to the charges will be made for a period not exceeding the twelve months prior to date of notification of the error.

(h) The administration fee for changing the size of the waste collection cart shall be as set out in

Schedule “A”. (i) The fee for additional waste collection cart shall be as set out Schedule “A”.

(j) A customer shall comply with the Customer Account Terms and Conditions as set out in Schedule ‘D’.

(k) For the purpose of billing, the customer contracted with the City of Lethbridge for the supply of

water will be the customer billed for charges as shown in Schedule “A”. (l) The cost for a replacement cart shall be as set out in Schedule “A”.

28. The City Manager, may from time to time, and upon such conditions as he deems appropriate, appoint

such person, or persons to the position Bylaw Enforcement Officer of the City of Lethbridge for the purpose of enforcement of this bylaw.

14 29. (a) A person contravening any provisions of this bylaw and any person responsible for such

contravention is guilty of an offence and is liable upon summary conviction in a Court of competent jurisdiction to a fine not exceeding FIVE HUNDRED ($500.00) DOLLARS and costs.

(b) Contravention of the bylaw may result in the suspension of waste delivery services. 30. (a) Where any Peace Officer or Bylaw Enforcement Officer believes that any person has committed

a breach of any provision of this bylaw set out in of Schedule "C" hereto, he may serve upon such person a notice or tag as provided herein.

(b) Service of any such notice or tag shall be sufficient if it is:

(i) personally served;

(ii) served by double registered mail;

(iii) when applicable attached to a vehicle in respect of which the offence is alleged to have

been committed.

(c) Upon production of any such notice or tag within seven days from the date of service of such notice, together with the payment of the sum specified in the Schedule hereto to a person authorized by the Chief of Police of the City of Lethbridge to receive such payment, and official receipt for such payment shall be issued, and subject to the provisions of this Section, such payment shall be accepted in lieu of prosecution.

(d) If the person upon whom any such notice or tag is served fails to pay the said sum within the

time allotted, the provisions of this Section shall no longer apply.

(e) Nothing in this Section contained shall:

(i) prevent any person from exercising his right to defend any charge of committing a breach of any of the sections in Schedule "C" hereto;

(ii) prevent any person from laying an information complaint against any other person for

committing a breach of any of the sections in Schedule "C" hereto; and

(iii) prevent any person from exercising any legal right such person may have to lay an information or complaint against any other person (whether such other person has made a payment under the provisions of this bylaw or not), for breach of any of the sections in Schedule "C" hereto.

(f) Where any person has made a payment pursuant to the provisions of this Section and is

prosecuted for the offence in respect of which such payment has been made, such payment shall be refunded.

31. (a) For the purpose of this Part, the Owner of a parcel of land is ultimately responsible for that

parcel and shall also be responsible for that portion of any highway, road or lane which adjoins that parcel and lies between the boundary of the parcel and the middle of the highway, road or lane.

15

(b) With the exception of the clean up campaign as described in Section 15, no person shall create or maintain or permit on or at any street or lane for which the occupant is responsible for and within his control or management:

(i) the placement of waste;

(ii) the placement of branches, shrubs or organic material;

(iii) the placement of construction, renovation, or building material.

(c) The Engineer or his designated authority may personally serve or serve by registered mail a

notice in writing upon any person required to comply with the provisions of 31(a) & (b), the notice in writing shall set forth:

(i) a description of the land on which the proposed removal of material is to apply;

(ii) the purpose for having the removal made;

(iii) the objects or materials to be removed;

(iv) if applicable, the amount the City is ready to pay in cost for the removal of object from

the land.

(d) In default of the owner or occupant failing to comply with a notice from the Engineer or his designated authority pursuant to the provisions of 31(c), the City may do the work, and where applicable, do the work at the expense of the owner in default.

(e) The expenses incurred by the City for the work done, where applicable may be recovered with

costs by action in any Court of competent jurisdiction or in a like manner as municipal taxes.

32. Bylaw No. 5350 and amendments thereto are hereby repealed. 33. This Bylaw shall come into force on the 1st day of January, 2009. READ A FIRST TIME this day of , A.D. 2008 _______________________________ ____________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2008 ________________________________ ____________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2008 _____________________________ _____________________________ MAYOR CITY CLERK

16

SCHEDULE ‘A’

CHARGES FOR RESIDENTIAL & COMMERCIAL GARBAGE

COLLECTION SERVICE

1. The waste collection charge for residential customers will be $0.439 dollars per day per dwelling

unit. This rate applied to all residential customers in single family, multi-family residences and condominiums containing up to and including 6 units.

2. The “Waste Collection Charge” for single family residential customers, multi-family residential

and condominium customers will be reduced to $0.3814 dollars per day per dwelling unit, for those customers that choose the smaller 65 gallon cart.

3. Residential customers in apartments and condominiums with greater than 6 units, that are using a

shared bin service provided by the City of Lethbridge will be centrally billed for waste services at the “Commercial Collection Rate”.

4. The “Waste Program Fee” will be $0.069 dollars per day per dwelling unit. This fee applies to all

residential customers in apartments and condominiums that receive waste services at the commercial rate. The “Waste Program Fee” will be centrally billed where waste services are centrally billed.

5. The “Landfill Charge” will be $.115 dollars per day per dwelling unit. This rate applies to all

residential customers in single family residences, multi-family residences, apartments and condominiums. The “Landfill Charge” will be centrally billed where waste services are centrally billed.

6. The Administration Fee for changing the size of the waste collection cart will be $25.00.

7. The cost of a replacement cart if $100.00. 8. The fee for an additional waste collection cart will be $0.2795 dollars per day.

9. The minimum charge for customers receiving “Commercial Collection” will be $0.439 dollars per

day. This charge is collected from customers producing less than 0.36 cubic metres per week and requesting service from the City of Lethbridge.

10. The maximum collection charge for customers receiving “Commercial Collection” for volumes and

frequencies other than the minimum are outlined on the table below: 11. The extra pickup charge for a customer receiving “Commercial Collection” is $60.00 per pickup. 12. The “Landfill charge” for non residential customers receiving “commercial Collection” will be

$0.115 dollars per day times the frequency of pick-up per week in any one month.

SCHEDULE “A” – Continued

Demolition Bin Rental Rates

Size Delivery & first dump All other dumps

6 yard bin $120.00 $60.00

4 yard bin $96.00 $60.00

3 yard bin $72.00 $60.00

$3.00 daily rental fee for Monday - Friday for all bins, the daily rental fee does not apply on holidays, weekends, or the day of bin delivery or pick-up.

Commercial Solid Waste Collection Rates (Rates shown are in Dollars per Day)

Pickups Per Week

Volume (cu

m) 1 2 3 4 5 6

0.35 0.439 0.834 1.274 1.669 2.108 2.5470.50 0.645 1.480 2.313 3.145 3.974 4.8020.75 0.949 2.039 3.126 4.207 5.283 6.3541.00 1.250 2.593 3.928 5.252 6.566 7.8671.15 1.431 2.923 4.405 5.871 7.322 8.7551.25 1.549 3.142 4.720 6.280 7.820 9.3381.50 1.847 3.686 5.501 7.288 9.044 10.7621.75 2.143 4.224 6.271 8.276 10.234 12.1372.00 2.436 4.756 7.028 9.242 11.388 13.4592.25 2.728 5.282 7.773 10.280 12.506 14.7253.00 3.589 6.825 9.929 12.871 15.625 18.1783.75 4.431 8.311 11.959 15.326 18.377 21.0984.50 5.254 9.736 13.856 17.541 20.756 23.4965.25 6.057 11.100 15.615 19.514 22.771 25.4086.00 6.840 12.399 17.236 21.250 24.443 26.8806.75 7.604 13.635 18.718 22.757 25.799 27.9717.50 8.349 14.806 20.063 24.048 26.872 28.7368.25 9.073 15.912 21.277 25.139 27.696 29.2299.00 9.778 16.954 22.784 26.046 28.301 29.498

10.00 10.688 18.245 23.626 26.999 28.823 29.582

18

SCHEDULE "B" CITY OF LETHBRIDGE REGIONAL LANDFILL

TIPPING RATES Commodity Rate per Tonne

(Unless Otherwise Specified)Definition

Asbestos $57.50 Includes friable asbestos materials

Asphalt – Pavement $22.25 Asphalt free of dirt and debris Clean Fill $14.00/medium load,

$27.00/large load (Residential loads free)

Soil free of contaminants

*Concrete & Rebar $22.25 Concrete foundations, sidewalks, brick, rubble & rebar

*Construction & Demolition

$44.50 Insulation, drywall, renovation materials such as tiles, electrical materials, doors, windows, ceiling tiles, partitions, carpeting and plumbing fixtures.

*Contaminated Soil $28.00 Soil contaminated with hydrocarbons that meet analytical requirements

Freon Appliances $27.00/unit + disposal Refrigerators, freezers *Mixed Solid Waste $44.50

City Residents Minimum Charge - $10.00 Non City Residents Minimum Charge - $14.00

Residential, commercial, institutional mixed waste

Recyclables $22.25 Minimum Charge - $5.00

Metal, non-Freon white goods, propane tanks, batteries, tires, green wood and clean white wood

*Special Waste $57.50 Industrial wastes including sludges, sump waste, packing house material and other material requiring special handling procedures

Tires, Electronic Waste, Paint FREE This includes any tires and electronic waste that is part of Alberta Recycling Management Authorities program

Uptarped Load Surcharge $20.00/load – under 1000 kg $40.00/load – over 1000 kg

Applies to all loads that are not in enclosed container, covered with a tarpaulin or firmly covered and secured in a manner such that no material will leave the vehicle or trailer

* Waste and Recyling Services may negotiate rates for commodities marked with an asterisk(*) for customers offering bulk volumes, provided the Director of Infrastructure Services approves the terms in writing.

19

SCHEDULE “C”

(Penalties for Violation)

Section 16(a) Failure to clean-up building

wastes on City property $125.00 20 Failure to cover vehicle $125.00 21 Waste placed on streets $125.00 23 (a) Permitting loose building material

or building waste material on the building site $125.00

25 (a) Dumping in unspecified area $125.00

(b) Improper dumping at landfill $100.00

(c) Scavenging $ 50.00

(e) Dumping when prohibited $125.00

20


General Provisions 1. The application when accepted by the Retail Services Agent shall be a contract between the

applicant and the City by which the applicant agrees to be bound by all the provisions of this bylaw or any other bylaws or regulation of the City in connection with the supply of Utility Provision within the City of Lethbridge. The said contract shall not be transferable.


Application 3. Any applicant who requires Utility Provision shall apply to the City and pay an application fee of

$20.00. The applicant may be required to sign an application or a contract for service, to supply information with respect to load and the manner in which the services will be utilized, and credit references.

4. The utility account shall be set up: a. In the name of the owner of the property to which the utilities are to be supplied, or; b. In the name of the purchaser of a property who is entitled to occupy the premises, or; c. Where there is evidence of a landlord-tenant situation, in the name of the tenant or; d. In the name of the general contractor in the case of a new building under construction.




Deposits

8. No deposits are required in order to establish a utility account where: a. The applicant has had a utility account with the City of Lethbridge over the past 12

months and has a satisfactory credit history or; b. The applicant can establish and maintain a credit worthiness satisfactory to the City of

Lethbridge or; c. The Retail Services Agent waives the requirement for a deposit.

9. Before obtaining a utility account, applicants who are not in the foregoing categories shall pay all arrears or previous balances owing, and shall also provide a guarantee of payment in the

21

form of a cash deposit or irrevocable letter of guarantee from a financial institution, in a form suitable to the City, in the amount equal to the greater of:

a. 2 times the average monthly utility bill for the premises over the past 12 months; or, b. $150 for each metered utility





b. established and maintains a credit worthiness satisfactory to the City of Lethbridge or; c. terminated their contract,

13. A customer has a satisfactory credit history with the City when the customer has: a. been issued no more than ONE (1) disconnect notice, b. not had utilities disconnected for non-payment of account, and c. made no more than ONE (1) dishonoured payment to the City for utilities



PAYMENT OF UTILITY ACCOUNTS 15. Invoices for Utility Provisions shall be forwarded monthly to the customer and shall be payable

at the office of the Retail Services Agent and such other places as may be designated by him. 16. Invoices shall be deemed rendered and other notices duly given when delivered to the

customer personally, when mailed to or left at the premises where the Utilities are provided, or the last known address of the customer, or when e-mailed to the customer.


18. The Retail Services Agent shall be promptly notified of all connections made or of any discontinuance of Utility Provisions so that the proper charges or allowances may be made against or to any person or persons liable to pay for the Utility Provisions consumed or who is entitled to a refund where the Utility Provisions are disconnected. The Retail Services Agent

22may base the final charge for service on an estimated meter reading which will be prorated from the time of an actual meter reading.



21. The entire utility account invoice is due and payable when rendered. 22. If the utility account invoice is not paid on or before the penalty date the account is deemed to

be in arrears. 23. Failure to receive a utility account invoice will not entitle the customer to any delay in the

settlement of each account or to any extension of the penalty date after which a penalty charge becomes applicable.



LATE PAYMENT PENALTY 26. When the customer pays the utility account invoice after the penalty date, the customer shall

pay a penalty charge of 3.0% of the total amount due. Payments must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty. Payments made at a financial institution must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty.


ENFORCEMENT 28. A customer who fails to make payment on time will be subject to normal credit action, which

may include, but is not limited to: a. Disconnection Notice; b. Notification by telephone; c. Use of collection agencies; d. Requiring prepayment before additional service; e. Withholding of additional service and f. Legal action



23

a. By action in any Court of competent jurisdiction. b. By suspending the delivery of Utility Provisions c. By distress and sale of the goods and chattels of any persons owing such rates, chares,

tolls, fares, or rents wherever the same may be found in the City. 31. Where the customer is the owner or purchaser of a building lot or part of a lot served by

Utilities, the sum payable by him for the Utility Service supplied by the City to him or for his use, and all rates, costs and charges or loans made to him imposed under this Bylaw are a preferential lien and charge on the building, lot or part of a lot, and on the personal property of the debtor and may be levied and collected in like manner as municipal rates and taxes recoverable.


ARREARS 33. Any Utility Provision expenses, rates or rents that may be charged as taxes against a person

may be entered on the assessment and tax roll at any time. TERMINATION BY CITY

34. The city may discontinue the supply of all Utility Provisions for any of the following reasons: a. Non payment of any utility accounts; or b. Inability of the City to obtain access to a residential premises to read any meter for a

period of six months, or inability to access a non-residential premises to read any meter for a period of three months; or

c. Failure by, or refusal of, a customer to comply with any provision of this bylaw; or d. Failure by, or refusal of, a customer to comply with any provisions of any Provincial

Acts, the Building code, or any regulations thereunder; or e. At the owner’s request to have services discontinued, provided the premises are not

lawfully occupied; or f. In any other case provided for in this bylaw.

35. The following fees will be charged if the city disconnects services for non payment of a utility

account: a. $40.00 for each electric service disconnection b. $40.00 for each electric service reconnection c. A fee as stated in Schedule A of the Water Service Bylaw for water service shut off for

non payment.

24

SCHEDULE “E”

CITY OF LETHBRIDGE REGIONAL LANDFILL

ENHANCED FREE LANDFILL DISPOSAL PROGRAM

Weight in kilograms Construction & Demolition and Mixed

Solid Waste

Recyclables

0 – 250 No charge No charge

250 – 350 $2.50 $1.25

350 – 450 $6.75 $3.35

More than 450 $44.50 $22.25

Special waste, Freon removal and loads arriving at the landfill unsecured are excluded from the Enhanced Free Landfill Disposal Program and are subject to fees as set out in Schedule “B”.


October 7, 2008



A Bylaw to Amend Bylaw No. 3999 The Water Service Bylaw

With reference to the above captioned, please find enclosed Bylaw No. 5545 for Council’s consideration and first reading. Also on the Agenda you will note a submission and presentation from Mr. Doug Kaupp, General Manager, Water and Wastewater, with respect to this amendment. The focus of this amendment is to reflect a proposed 6.75% increase in water service revenues which is contained in the 2009 – 2011 Budget Proposal.

Douglas S. Hudson, Q.C. City Solicitor

BYLAW NO. 5545 ------------------------

A BYLAW OF THE CITY OF LETHBRIDGE TO

AMEND BYLAW NO. 3999 – THE WATER SERVICE BYLAW OF THE CITY OF LETHBRIDGE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. Bylaw No. 3999 – The Water Service Bylaw of the City of Lethbridge is

hereby amended.

2. Bylaw No. 3999 is hereby amended by deleting the present Section 26 and inserting in its place the following new Section 26:

26. Whenever requested by a consumer, the meter shall be removed and

tested. If, on testing it is found that the meter registers within three percent (+ or -) of the water passing through same, the meter shall be deemed to be measuring correctly. If, however, the meter is found to register a greater or lesser amount than said percentage, the Engineer shall notify the Retail Services Agent to add or deduct from the amount as registered by said meter, such that the balance will properly represent the water delivered through said meter for the preceding twelve-month period. When a customer requests a meter test and such meter is found to be within three percent (+ or -) accurate, that consumer shall be billed for the testing at a rate as set out in Schedule "A". Meters shall be removed and tested by the City without charge whenever deemed appropriate by the Engineer. The Engineer may at any time remove and test any meter.

3. Bylaw No. 3999 is further amended by deleting the present Schedule “A” and inserting in its place the following new Schedule “A”.

Water Service Bylaw SCHEDULE “A”

FEES AND DEPOSITS

DESCRIPTION DEPOSIT / FEE Fee for temporary disconnect $ 125.00 Fee for reconnection No Charge Cut-off for non-payment $ 125.00 Deposit for hydrant use $ 750.00 Hydrant and meter rental charge (10 day minimum) $ 19.00 per day Hydrant water consumptive charge $ 0.606 per cubic metre Fee for disconnecting old water service $ 65.00 plus labour connection for abandonment and materials at cost Meter repair service charge for meters 25 mm (1 inch) or smaller $ 75.00 per each Meter repair service charge on $ 55.00 per each plus meters over 25mm (1 inch) labour and materials

at cost Meter test charge

Up to 40 mm $ 75.00 50 - 75 mm $ 150.00 Over 75 mm $ 300.00 Water meter installation and inspection charge $ 300.00 Water service purging when available for lines 25 mm (1inch) or smaller $ 105.00 Irrigation meter removal charge $ 62.50 Irrigation meter installation charge $ 62.50

4. Bylaw No. 3999 is further amended by deleting the present Schedule “B” and inserting in its place the following new Schedule “B”.

Water Service Bylaw SCHEDULE “B”

WATER SERVICE CHARGE

Based on Water Meter Size

Meter Meter Water Service Charge Size (mm) Size (inches) $ per Day

up to 15 up to 5/8 $ 0.56

20 ¾ 0.60 25 1 0.80 40 1 ½ 1.25 50 2 1.80 75 3 3.20 100 4 5.00 150 6 10.00 200 8 20.00 250 10 35.00 300 12 55.00 350 14 75.00 400 16 100.00 The above charges are applicable to all consumers whether or not any consumption of water is metered during the billing period.

FIRE PROTECTION SERVICE CONNECTION CHARGE Based on Service Connection Size

For each service connection eligible under Clause 13(c) the daily service charge shall be based in the size of the first connection dedicated solely to fire protection.

Connection Connection Fire Service Charge Size (mm) Size (inches) $ per Day

up to 40 up to 1 ½ $ 0.00 50 to 100 2 to 4 0.85

150 to 200 6 to 8 2.50 250 and up 10 and up 6.00

5. Bylaw No. 3999 is further amended by deleting the present Schedule “C”

and inserting in its place the following new Schedule “C”.

Water Service Bylaw SCHEDULE “C”

WATER CONSUMPTION CHARGES

Domestic Water Consumption Charge

All domestic consumption of water shall be charged at a rate of $0.568 per cubic metre.

Commercial Water Consumption Charge

Monthly Consumption Rate per Cubic Metre (Cubic Metres) (Cumulative)

From 0 to 75 $0.984 From 76 to 750 $0.790 From 751 to 2,500 $0.595 From 2,501 to 25,000 $0.547 From 25,001 to 50,000 $0.438 From 50,001 to 100,000 $0.332 From 100,001 and upwards $0.326

Irrigation Water Consumption Charge

All consumption of water registered on a lawn service meter (Section 36) shall be charged at a rate of $0.606 per cubic metre.

Regional Water Consumption Charges All consumers located outside the legal boundaries of the City shall pay Commercial Water Consumption Charge and are subject to an additional Water Transmission Capital Surcharge of $ 0.015 per cubic metre.

6. Bylaw No. 3999 is hereby further amended by deleting the present Schedule “D” and inserting in its place the attached Schedule “D”.

Water Service Bylaw


General Provisions 1. The application when accepted by the Retail Services Agent shall be a contract

between the applicant and the City by which the applicant agrees to be bound by all the provisions of this bylaw or any other bylaws or regulation of the City in connection with the supply of Utility Provision within the City of Lethbridge. The said contract shall not be transferable.


Application 3. Any applicant who requires Utility Provision shall apply to the City and pay an

application fee of $20.00. The applicant may be required to sign an application or a contract for service, to supply information with respect to load and the manner in which the services will be utilized, and credit references.









Deposits 8. No deposits are required in order to establish a utility account where:



















PAYMENT OF UTILITY ACCOUNTS 15. Invoices for Utility Provisions shall be forwarded monthly to the customer and

shall be payable at the office of the Retail Services Agent and such other places as may be designated by him.











LATE PAYMENT PENALTY 26. When the customer pays the utility account invoice after the penalty date, the

customer shall pay a penalty charge of 3.0% of the total amount due. Payments must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty. Payments made at a financial institution must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty.


ENFORCEMENT 28. A customer who fails to make payment on time will be subject to normal credit

action, which may include, but is not limited to:






f. Legal action








ARREARS 33. Any Utility Provision expenses, rates or rents that may be charged as taxes

against a person may be entered on the assessment and tax roll at any time.

TERMINATION BY CITY 34. The city may discontinue the supply of all Utility Provisions for any of the

following reasons:











7. This Bylaw shall come into force and effect on the 1st day of January,

2009. READ A FIRST TIME this _______day of _____________________, A.D. 2008 __________________________________________________________ MAYOR CITY CLERK READ A SECOND TIME this _______day of __________________, A.D. 2008 __________________________ ________________________________ MAYOR CITY CLERK READ A THIRD TIME this _______day of ____________________, A.D. 2008 __________________________ ________________________________

MAYOR CITY CLERK


October 7, 2008



Bylaw to amend Bylaw No. 3250 The Sewerage Service Charge Bylaw

With reference to the above captioned, please find enclosed Bylaw No. 5546 for Council's consideration and first reading. Also on the Agenda you will note a submission and presentation from Mr. Doug Kaupp, General Manager, Water and Wastewater, with respect to this amendment. The focus of this amendment is to reflect a proposed 5.75% increase in sewerage service charges which is contained in the 2009 - 2011 Budget Proposal.

Douglas S. Hudson, Q.C. City Solicitor

BYLAW NO. 5546 ---------------------

A BYLAW OF THE CITY OF LETHBRIDGE TO AMEND BYLAW NO. 3250 – THE SEWERAGE SERVICE CHARGE BYLAW

OF THE CITY OF LETHBRIDGE ******************************************************************************************** THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:

1. Bylaw No. 3250 – the Sewerage Service Charge Bylaw of the City of Lethbridge is hereby amended.

2. Bylaw No. 3250 is hereby further amended by deleting the present Schedule

“A” and inserting in its place the attached Schedule “A”.

Sewerage Service Bylaw SCHEDULE “A”

Domestic and Commercial Sewage Service Charge

Based on Water Meter Size

Meter Size Meter Size Service Charge (mm) (Inch) $ per Day up to 20 Up to ¾” $ 0.24 25 1” 0.34 40 1 ½” 0.57 50 2” 0.91 75 3” 1.71 100 4” 2.75 150 6” 4.48 200 8” 7.28 250 10” 10.36 300 12” 13.85

The above rates are applicable to all Domestic and Commercial customers whether or not any sewage was discharged.

6. Bylaw No. 3250 is hereby further amended by deleting the present Schedule

“B” and inserting in its place the attached Schedule “B”.

Sewerage Service Bylaw SCHEDULE “B”

Domestic and Commercial Sewage Volume Charge

All Domestic and Commercial customers shall pay a sewage volume charge of $0.839 per cubic meter discharged in addition to the service charge in Schedule ‘A’. Winter Average Volume for Domestic Customers Sewage volumes billed on utility statements with meter reading dates of November 15th to April 14th inclusive shall be equal to the water usage volume. Sewage volumes billed with meter reading dates of April 15th to November 14th inclusive, shall be equal to the winter average discharge volume that was established for Domestic Customers during the immediate previous winter period. The winter average sewage discharge volume shall be determined by averaging the water usage figures as recorded on the five monthly utility statements that were billed with meter reading dates of November 15th to April 14th inclusive. For the purpose of this calculation, all monthly water usage figures of less than 5 cubic meters shall be replaced with 5 cubic meters prior to averaging.

7. Bylaw No. 3250 is hereby further amended by deleting the present Schedule “C” and inserting in its place the attached Schedule “C”.

Sewerage Service Bylaw SCHEDULE “C”

Industrial Sewage Charges All industrial customers shall pay the following unit rates as described in Section 4 of the Sewerage Service Charge Bylaw:

Customer $30.00/day Flow $0.352/m3 TSS $0.308/Kg SCOD $0.220/Kg

Miscellaneous Sewage Fees Industrial solid or semi-solid wastes dumping charge $16.45/m3 Defective Service Call-Back Charge $150.00 Disconnection or capping sewer service $ 65.00 plus labour connection for abandonment and materials at cost

8. Bylaw No. 3250 is hereby further amended by deleting the present Schedule “D” and inserting in its place the attached Schedule “D”.

Sewerage Service Bylaw SCHEDULE “D”

CUSTOMER ACCOUNT TERMS AND CONDITIONS

General Provisions

1. The application when accepted by the Retail Services Agent shall be a contract between the applicant and the City by which the applicant agrees to be bound by all the provisions of this bylaw or any other bylaws or regulation of the City in connection with the supply of Utility Provision within the City of Lethbridge. The said contract shall not be transferable.


Application

3. Any applicant who requires Utility Provision shall apply to the City and pay an application fee of $20.00. The applicant may be required to sign an application or a contract for service, to supply information with respect to load and the manner in which the services will be utilized, and credit references.









Deposits

8. No deposits are required in order to establish a utility account where:



















PAYMENT OF UTILITY ACCOUNTS

15. Invoices for Utility Provisions shall be forwarded monthly to the customer and shall be payable at the office of the Retail Services Agent and such other places as may be designated by him.











LATE PAYMENT PENALTY

26. When the customer pays the utility account invoice after the penalty date, the customer shall pay a penalty charge of 3.0% of the total amount due. Payments must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty. Payments made at a financial institution must be received by the Retail Services Agent on or before the penalty date in order for the customer to avoid the penalty.


ENFORCEMENT

28. A customer who fails to make payment on time will be subject to normal credit action, which may include, but is not limited to:






f. Legal action








ARREARS

33. Any Utility Provision expenses, rates or rents that may be charged as taxes against a person may be entered on the assessment and tax roll at any time.

TERMINATION BY CITY

34. The city may discontinue the supply of all Utility Provisions for any of the following reasons:











7. This Bylaw shall come into force and effect on the 1st day of January,

2009.

READ A FIRST TIME this _______day of _____________________, A.D. 2008 ___________________________ ________________________________ MAYOR CITY CLERK READ A SECOND TIME this _______day of __________________, A.D. 2008 __________________________ ________________________________

MAYOR CITY CLERK READ A THIRD TIME this _______day of ____________________, A.D. 2008 __________________________ ________________________________ MAYOR CITY CLERK

Moved by: B.A. LACEY

Mayor: R.D. Tarleck

OFFICIAL BUSINESS

Committee Member Self-Evaluation Review Process 545-D

WHEREAS in April 2006, a voluntary Self-Evaluation Committee Member review

process was implemented

AND WHEREAS the response rate has been declining and is now less than 50%

AND WHEREAS it is anticipated and expected that Committee members would

advise City Council if there were concerns or issues

THEREFORE BE IT RESOLVED THAT the Committee Member Self-Evaluation

Review Process be discontinued.

October 8, 2008



Tender Summary for the Month of September, 2008

Attached is a summary of all competitions awarded for the month of September, a description of each competition as well as the year-to-date summary. Respectfully submitted,


Council Date Page Item Responsibility Estimated Completion Date Status

March 7/05 89

To ensure capsules are removed and contents distributed and capsules refilled for the next period (no time capsules from 2006 Centennial)

City Clerk September 2009, 2034, 2059 and 2084

Jan. 9/06 10 Purchase of land in Fairmont Park City Solicitor May 1/08 1/2 to be conveyed to Medican

March 6/06 89 Sale of land - 316 Stafford Dr. S. City Solicitor Oct. 1/08 Transfer sent

Jan. 8/07 11Land swap with Elim Society for acquisition of land for road right-of-way for the future North Scenic Drive

City Solicitor June, 2008Documents sent to surveyor for registration. Lethbridge Housing must relocate facilities.

Dec. 10/07 536 Village of Nobleford Ambulance Agreement City Solicitor June 15/08

Letter to Nobleford sent by Fire Services. No response from Nobleford.

March 31/08 138Sale of Lots 113 to 115, Plan 3529AA, Block 1 (Leaside Avenue) to 1315170 Alberta Ltd.

City Solicitor Oct./08 Counter-offer tendered

April 28/08 181 Landfill Operating Budget City Solicitor Oct./08

Amend rates in the Solid Waste Bylaw. Part of 3-year budget process. Rates changed will be effective Jan. 1/09 together with other rate changes

May 26/08 218 Water Conservation Request Ad Hoc Committee September, 2008Review request to incorporate water conservation measures as part of Environment Plan & Policy Initiative

June 23/08 266 Airport Governances and Potential Partnership Ad Hoc Committee Sept. 29/08 Identify options and make

recommendations to City Council

July 7/08 106 Sale of neighborhood commercial land in Sunridge (Howler Developments Ltd.) City Solicitor March 21/09 Closing date extended to March 31/09

July 7/08 296 Sale of Property in Sherring Business Park (GEA Rainey Corporation) City Solicitor Sept. 18/08 Execute agreement for Sale of 5

acres (with option for further 5 acres)

FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

Mayor, City Council, City Clerkand City Solicitor 1Revised 10/9/2008

Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

August 5/08 321 Designation of Annandale Residence as Municipal Historic Reserve City Clerk/City Solicitor Oct. 31/08

City Clerk - send notice of intent to property owners; City Solicitor - prepare designation bylaw (after 60-day period)

August 5/08 322 Designation of Spudnut Shop as Municipal Historic Reserve City Clerk/City Solicitor Oct. 31/08

City Clerk - send notice of intent to property owners; City Solicitor - prepare designation bylaw (after 60-day period)

Sept. 29/08 383 University of Lethbridge - student residences Mayor Sept. 30/08

Provide letter of support to the Province for a grant funding application

Sept. 29/08 390 Town of Picture Butte - regional waterline Mayor Sept. 30/08 Provide letter of support for provincial funding

Mayor, City Council, City Clerkand City Solicitor 2Revised 10/9/2008