If the Consumer wants a supply of natural gas in excess of the rate set out in the Customer Contract, the County may agree to such increased rate of delivery but may require the Consumer to pay a fee determined by the Council of the County before the delivery of such excess supply.

 

The natural gas shall be measured at the Service Location using a meter placed at a location chosen by the County.  The Consumer may indicate a preference for a location but the County shall only be required to comply with the request if the County staff believe that the location is suitable. The outlet of the meter is the point of delivery. The County shall own the gas to that point. Any piping past the outlet of the meter shall be constructed by the Consumer at his expense and is his responsibility.

 

The County may require that the Consumer read the meter at each month end and report such reading(s) to the County on a form provided by the County for such purpose, by telephone, by fax or submitted on the County’s website. In the event that the Consumer does not read the meter and report such reading(s) as requested, the County may read the meter and levy a meter reading charge to the Consumer in an amount as determined by the Council of the County from time to time. Such meter reading charge shall be added to the Consumer’s gas bill and shall be collectible in the same manner as gas and/or operating charges.

 

The Consumer, by signing the Customer Contract, grants to the County a utility right-of-way and easement that the County requires or may require in order to construct and maintain the Distribution System to serve the Consumer or any current or future consumers of the County. The utility right-of-way and easement shall contain the terms and conditions of the County's standard easement agreement and apply to the lands described in the Customer Contract. The Consumer further agrees to execute, prior to construction of the Distribution System, all documents which the County may require to be executed for the purpose of registering the County's standard easement agreement.

The utility right-of-way and easement hereby granted shall remain in full force and effect for as long as the County, its successors and assigns desire or so long as the County, its successors and assigns, continue to maintain and operate Distribution System on the Consumer's Land even if there is discontinuance of service by the County to the Consumer is terminated.

 

The Consumer shall allow the employees of the County, and anyone who the County has retained, reasonable access to the Consumer's Land at all reasonable times for the purpose of reading meters, or for inspecting, constructing, maintaining, repairing or removing the Distribution System. If the Consumer does not provide reasonable access, the County may discontinue the utility service until access is provided.

 

The County shall incur no liability by reason of failure to supply natural gas for any cause beyond the reasonable control of the County nor shall it be liable for loss, costs, or damage to persons or property arising or resulting from the supply or use of natural gas. The Consumer acknowledges the danger of contact with any part of the Distribution System, and he shall not interfere with it.  In the event of any accident, injury or damage occurring by reason of contact with the Distribution System by the Consumer, he shall be responsible for the cost of any damage to it, and shall indemnify and save harmless the County from any and all claims for damages arising by reason of any such accident. injury or damages made by any other person.

 

The County shall have the right to discontinue or refuse to continue the supply of natural gas to the Consumer for any of the following reasons:

(a) lack of supply of natural gas;

(b) repairs or alterations to the Distribution System;

(c) unsafe conditions;

(d) any use of natural gas that is not in conformity with the provisions of the Customer Contract or these Rules and Regulations;

(e) the breach of any of the provisions of the Customer Contract or these Rules and Regulations;

(f)   to prevent fraud, abuse to County property or the resale to others of natural gas;

(g) non-payment of any account when due;

(h) the insolvency or bankruptcy of the Consumer;

 

The County shall not be required to provide notice of discontinuance for the reasons set out in subclauses (a) to (f) inclusive but shall give forty-eight (48) hours notice of discontinuance for the reasons set out in subclauses (g) and (h) inclusive.

 

In addition to the right to discontinue the supply of natural gas for any of the reasons noted above, the County may exercise any other legal rights that it may have.  The County shall have the right to charge the Consumer a reconnection fee as set from time to time by the Council of the County before the supply of natural gas is reconnected after discontinuance for any of the reasons set out in subclauses (c) to (h) inclusive. The County in its discretion may refuse to reconnect any service where the same has been discontinued for any of the reasons set out in subclauses (c) to (h).

The County may serve any discontinuance notice, or other document required to be served on the Consumer by mailing the same by prepaid mail to the Consumer at the address given or by delivering the same to the Service Location and/or attaching the same to the door of the premises. In the event that clause 10 hereof applies, notice shall be given by mail to the Consumer and by delivery to the premises where natural gas is being supplied.

 

The Consumer may give notice to the County by delivering the same to the County's municipal office and leaving the same with the gas utility manager or designate.  Any such notice or document shall be deemed received if delivered on the date of delivery, or if mailed, seven  (7) days after mailing.  Either party may change its address by notice in writing served upon the other party.

 

The Consumer shall pay for natural gas service charges and a monthly operating charge as set by the Council of the County from time to time. Payment by the Consumer shall be made to the County on or before the date provided on the invoice for payment and accounts which are not paid when due shall bear interest at a rate as set by the Council of the County from time to time.

 

The County may require the Consumer to provide a non interest bearing deposit in an amount determined at the time the deposit is requested. The County may apply the deposit or any portion of it to any amount(s) owing by the Consumer but not paid when due. At such time, the County may request an additional deposit to account for any portion of a prior deposit utilized by the County to pay an unpaid account. If the Consumer does not provide the additional deposit, within the time specified, the County shall be at liberty to discontinue the supply of natural gas until such additional deposit has been paid.

 

If the Service Location is occupied by someone other than the Consumer, the Consumer remains legally responsible for all obligations under the Customer Contract and these Rules and Regulations.

 

The Consumer hereby charges and encumbers all his estate and interest in the Consumer’s Land to the extent of any monies owing by the Consumer to the County from time to time together with any costs, including legal costs on a solicitor and his own client basis, incurred by the County in the enforcement of any terms of this Agreement thereof; and acknowledges and agrees that the County may, at any time, register a Caveat against the title to the Consumer's Lands respecting such amounts. The foregoing shall be an addition to, and not in derogation from or substitution for, any other rights or remedies to which the County may be entitled.

 

WHEREAS the Council of the County is concerned about safety and customer service issues relating to gas utility services that have become idle because of non-use.

THEREFORE the County established the following policy regarding idle services:

a.    Any service by which the County has the potential to deliver natural gas by attaching a meter to that service shall be considered active and liable to being charged the then current monthly fixed charge.

b.    In the event that the County has discontinued natural gas service but the service remains capable of delivering natural gas at that service location, the owner of the land shall be liable to pay the County’s then current fixed monthly charge.

c.    In the event that a service remains idle for more than six (6) months, the Manager of the Gas Utility shall be at liberty to decommission the idle service by capping off the service at the property line or at the location of the service riser.

d.    In the event that action is taken by the Manager of the Gas Utility as set out in paragraph c above, the following rules shall apply:

i)             The customer contract, if any, is automatically terminated;

ii)            In the event that the landowner later applies to have the gas service re-established, the owner shall be required to pay the then current contract fee charged by the County to a customer.