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HomeMy WebLinkAbout1959-10-20; City Council; 4001; Water Rate Ord1 2 4 5 8 9 An Ordinance of the City of Carlsbad Fixing Rates For Tater and Water Service Supplied by the Water Department of the City of Carlsbad and Providing Rules and Regulations Governing the Supplying of Water and Water Service The City Council of the City of Carlsbad does hereby ordain as follows: Section 1. Ordinance Name and purpose This ordinance shall be known and designated as the "Water Rate Ordinance" and the rates set forth herein 10 11 for water and water service to be charged and collected 13 14 l5 16 17 l8 19 20 12 // by the Water Department of the City of Carlsbad, and the terms and conditions of service applicable to, and to be enforced in"-respect of, the supplying of such water and water service, and the time and manner of paymentJ therefor are hereby fixed and established. Section 2. Water System - Definitions The meaning of various terms as used in this Article I shall be as follows: 211 22 23 z4 25 26 27 28 29 50 31 32 HAYES & HAYES ATTORNEYS AT LAW HAYES SUILDIXG 807 MISSION AVENUE OCEANSIDE, CALIF. MANAGER shall mean: The City Ntanager of the City of Carlsbad or his duly authorized representative. DEPARThENT shall mean: The Water Department of the City of Carlsbad. APPLICANT shall mean: A person, firm or corpora- tion who applies for water service; EXTENSION shall mean: A water main extension; and RAIN shall mean: An existing water main in the , water distribution system of the City bf Carlsbad; The word CONSUmR 8s used herein, shall mean any person, firm or corporation to whom the City supplies water -1- Ii I 1 2 7 G 4 E 7 f s 1c 11 12 1: If 1: 1E 15 2c 27 2: 2; 24 25 2E 27 21 2s 3 C 31 32 HAYES &HAYES ATTORNEYS A7 LAW HAYES BUILDING SO7 MISSION AVENUE OCEANSIDE. CALIF. service under a contract, either expressed or implied, to make payment therefor. The term SERVICE CONMIECTIGNS, as used herein, shall be understood to designate the tapping of water mains and the laying of pipes from the main to the curb P or to the meter. pro erty line The term COST shall include labor, material, transportation, expense, supervision, engineering, and other necessary overhead expense. The word LEGAL OR EQUITABLE (JVTJ'ER, as used herein, shall mean any owner of record, mortgage, trustee or cofz- +ract purchaser Section 3. Adoption of rules and regulations for operation and maintenance of wa-ter department. The council reserves the righ-t and power to, and my from time to time by resolution, adopt rules and regula- tions for the operation and maintenance of the water depart- ment of the city, and for furnishing water to users, and may likewise by resolution modify the rates, charges and penal-kies hereinbefore established and imposed, and may from time to time by resolution prescribe rules for the extension of water mains within the boundaries and outside the boundaries of the city. Section 4. Settlement of disputes between consumer and city, If a dispute shall arise between any water con- d the city concerning water service or the amount ter bill to such consumer, the dispute, may be settled, subject to the approval of the council by the water department. The final decision and settlement of -2- ll I 7 8 9 10 11 12 13 14 15 l.' 17 18 .. -' . .. '. If the placing of a check valve on the property side of the water pipes of the city, or to the water meter of any cofzstlmer is necessary, in the opinion of the water department, for the safety and protection of the water system or appliances thereof, such consumer shall be noti- fied in writing by the city to have a check valve installed, at his expense, and if after five days? written notice such check valve has not been installed and working, then the service shall be discontinued and the water shut off until such a check valve after which service will be restored only upon the payment c installed and the city notified, 0 22 23 24 25 26 27 28 29 3 0 31 32 HAYES L HAYES ATTORNEYS AS LAM' HAYES BUILDING SO7 MISSION AVENUE OCEANSIDE. CALIF. any such dispute shall be recorded in the minutes of the council. this section are permissive only, and shall in no way The provisions and procedures provided for in I ~ ' 19 20 21 of one dollar as and for a reconnection charge, Section 6. Installation of shut-off valves by consmers. Consumers of water shall install, at their own expense, a shut-off valve inside the property line at a location accessible to the employees of the city and its water department. Section 7. Distance of sewer or gas service from water service. No sewer ditch, sewer pipe, gas pipe or any other service pipe shall be installed or maintained nearer than two feet to any water service pipe, water main or water service meter of the city. -3- 0 e ction 8. Repairs to water mains, meters and lines by city. The city shall, at its own expense, make all :pairs necessary to water mains, meters and pipe lines umecting with water mains. The city shall make no repair : do any work whatsoever on the water pipe line beyond the 3ter connection. Any repair, including parts and labor, sary by any acts of negligence or carelessness of he consumer, or other persons, shall be charged to and ollected from the consumer, QT the person responsible heref or. iection 9. Right of entry of city employees for purpose of making inspections. .&I authorized employee of the city shall have beasonable access to any premises sapplied with water for c. .. 1. P 1c 17 2: 2' 2; 2' 31 3 reservoir shall be installed or used unless and until the plans and specifications have been examined and approved in writing by the city engineer or water department. \ ., 1 1 1 1 1 1 1 1 1 7 2 HAYES & HAY€ ATTORNEYS AY LA HAYES BUlLDlNC 807 MISSION AVEN OCEANSiDE. CALI Section 11, Turning water off or on in emergency, The city shall have the right in an emergency, 60 turn the water off or on without notice, but^ shall be he duty of the water department to make reasonable effort o notify all consmers in advance of such an emergency, nd that the water is to be turned off or on. iection 12, Use or trespass upon water department property without payment of rental or written permission prohibited , It shall be unlawful for any person to open any 'irehydrant, street hydrant, stop-cock, gate, valve or to .nterfere in any manner with any street water service, rater connection, or any water meter attached to any service Iipe connected with the water mains, or to turn on or off rater maim or water pipes of the city, or to tap, break kr injure any water main or water pipe of the city, or any *eserve>ir of the city, or to tap any water service pipe, )r take or draw water from any water main, pipe or hyclrant if the city without paying the established water rental therefor, after having made written application therefor as ierein provided, or in anywise to trespass upon the public woperty of the water department, without written permis- sion first being obtained from the water department. Section 13. Application for service--Form. Before any water will be supplied by the city $0 my person which requires a connection from the city-owned water mains to water pipes on any real property, the owner or occupant of the property shall ma$e a written spplication for such service and service connection, upon a form provided by the city at the pab&&e-se~vhse department. water -6- .. .. .. 1 2 3 4 E c e r 1 E : 1I 1: 1: 1: 14 1 1 1 1 1 2 2 2 2 2 2 2 E 2 2 c i \ e cr, iection 14. Same--Connection to water mains made. Upon the applicant for water service having com- ,lied with all the requirements relating to written agplica- bion for service, the city will cause the property described to be connected with the city water mains, subject to the provisions of this chapter and the rules and regulations of the council. Section 15. Common serviceQipe for two or more consumers prohibited; exception. No water shall be served to two or more parcels of property separately owned through a common service pipe, tanless there is no main contiguous to the premises from which service may be had, and further, unless the consumer first in order of service from the main shall in writing guarantee the payment of water rates and charges for all parcels of property so served, and for each monthly mini- mum charge under the terms of this chapter and the rules of the council of the city. Each multiple service may be had subject to being discontinued 30 days after being served written notice by the city on said consamer or consumers. Charges for water used through such multiple service will be under the rates established in this ordinance providhg, however, that the minimum charges shall be not less than the number of customers multiplied by one minimum charge. (i.e. a meter serving two parcels under separate ownership would charged two minimums, 3x2 tk F,,,,,,,+illowance under the mim 0) When more than one occupancy is placed on the same parcel of property and each is conducting a separately -4- * established residence or business, a water meter shall be required and installed for each occupancy, provided how- ever, that where there exists a dwelling on the rear of a lot, in front of which is another dwelling, one service may be provided for such premises. The cost of such water meter installation and service shall be paid by the owner or pasty receiving service. Section 16. Discontinuance of service by city upon written not ice . Service will be discontinued and water service cut off by the city within forty-eight (48) hours of receiv- ing written notice to discontinue water service. Section 17. Turning on water without consent of water department prohibited. It shall be unlawful for any person to turn on the water after the same shall have been turned off without the written consent of the water department. Section 18. Use of water by contractors and other persons in construction work. Contractors or any person, desiring to use water in construction work where connections mast be made other than through a meter, shall in each and every case make written application for, and obtain a written permit for the si" from the water department before connecting with any water main, standpipe or using water therefrom, and shall make the deposit required by the water department sufficient in its opinion to cover the estimated cost of the water to be used. Such permit shall be exhibited upon t work for which it has been issued during the full time the 1 water is being used pursuant to such permit. e HAYES & HAYE ATTORNEYS AT LA HAYES BUILDSF;( 907 U15810N AVEh OCEANSIDE. CALI e Section21. Supplying to other than occupant of premises. It shall be anlawful for any person to supply ater to any other person other than the occupants of the remises of such consumer. -ectiofz 22. Generally.--Rates and Charges. The following schedules of rates, compensations, harges and minimum charges as set out in this article are iereby fixed and established as the rates, compensations, .barges and minimum charges to be charged and collected ty the city for domestic water and water service, except is otherwise specifically provided. jection 23. hiinimam charges for domestic water a~d water There shall be a monthly minimum charge for supplied to commercia and industrial plants. (a) --.-----...- ____ iomestic water as follows: Section 24. hlinimum charges for irrigation wat,er t t. t. HAYES & HAYB' ATTORNEYS AT LA HAYES BUILDING BO7 MISSION AVEN OCEANSIDE. CALI :xpressly authorized to divide the City im-ko districts. listricts may, from time to time, be revised Q$: changed as Thes 3 c L 8 L 1 I I 1 1 1 a 1 3 1 1 1 1 2 2 2 2 2 c z 2 2 f c L . reading meters and billing. 5stablished sball be read on approximately the same day of :ach or every other month, except when Saturdays, Sundays md legal holidays intervene. neter readings shall be prepared amdmiled to the consumers in each district on approximately the same day of each or every other month, except when Saturdays, The meters in each district SO Water bills based on such Sundays and legal . (b) The rates to be charged for irrigation water upplied in any one month through meters are as follows: For all water supplied------------ $ .10 per 100 cu.ft. ection 23. Minianum rate to be charged and collected where no water used. In case no water is used through the meter, or he property becomes vacant, nevertheless the regular onthly minim= rate shall becharged to, collected from, nd paid by the owner thereof, or the applicant for ser- ice, whether water is used or not. ,ection 24. When and where water bills payable. All water bills are due and payable at the office f the water department in the city hall tonthly. iection 25. Payment of Water Bills. For convenience in the reading of meters and ,reparation of water bills, the Department is hereby recessary or desirable, in order to equalize the work of 1 2 t I I I 1 1 1 1 3 1 28 29 30 31 32 HAYES 8r HAYES ATTORNEYS AT LAW HAYES BUILDING SO7 MISSION AVENUE OCEANSIDE. CALIF- * .rial date for payment shall be plainly Rrinted on each iter bill. All water bills are due and payable at the tfice of the City Hall. :ctioa 26, Penalties. If a water bill is not paid before the close of - asiness or payment, a penalty of ten per cent (10%) of the amount f said bill, shall be added thereto; provided, however, hat when the final dayfor payment falls on Saturday, unday or a legalholiday payment may be made without penalty IC; mi-tb+&t of the final date n the next regular business day. ection 29. Non-Payment of Vater bills: In the event that any consumer shall be delinquent n the paymeat of his water bill, and such delinquency hall continue for a period of ten (10) days after the final late for paymen% of such bill or bil the department ,hall have the right forthwi&h and without notice to dis- ;Qntinu€! water service to the premises of such delinquent :onsmer, and water shall not again be supplied to 'him or to the premises until all delinquent water bills, plus the 3enalties thereon, and reconnect charges, as herein pro- vided have been paid. Section 2-8'. Shutting off water. The department reserves the right to shut off the water supply from any premises at any time without notice, for the purpose of making repairs, extensions or other necessary purposes, or for any infraction of these rules and regulations, C -10- t 1 Section&%. Delinquent Bills--Procedure for restoration. 2 3 4 5 /. b bills, charges and penalties, and makes s as may be required by the water departmen 7 8 If water service is cat off or discontinued for failure to pay delinquent bills, such service may again be established only in the event the consumer or the applicant for service at such place pays all delinquent 14// Section 38. Property of city; repairs. 1 K, I 16 18 19 20 21 22 23 24 25 26 27 All water meters are the property of the city, 1 and the city will maintain and repair them when in its I judgment such repairs are needed. Section>%. One meter to lot or parcel of land; exception. There shall be at least one meter on each lot or parcel of real property which is improved with a dwelling or building thereon, except where one building occupies more than one lot, then only one meter for such building shall be required. hiore than one meter shall not be in- stalled on any bot or parcel of real property without the approval and consent of the council. 28 Section Sa. Naximum size of meters. I/ II 29 I/ I No water meter larger than a two-inch meter shall HAYES &HAYES ATTORNEYS AT LAW HAYES BUILDING 807 MISSION AVENUE OcEANSiDE. CALIF. be installed on any lot, or to any consumer, except upon I 31 32 approval and consent of the cottncil. 1 -11- 4 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 52 9 When an owner or consumer has been delinquent in his water bills twice in succession or three times in any one calendar year, he shall be required to deposit a sm equal to an average two monthst water bill upon said premises and pays, in addition thereto, the sum of $14) for turning on the water supply. water service again be made or establish where the water bill has been delinquent. Thereupon and not otherwise will 1 1 1 2 2 2 2 2 2 2 2 r 7 L - c HAYES & HAYES ATTORNEYS AT LAY HAYES HUlLDiNG SO7 MISSION AVENL OCEANSIDE. CALIF iection 33. Metered water not to be transported across property lines; exception. Water served through a meter shall not be trans- Iorted through pipes or conduits across lot lines or pro- Ierty lines, unless to serve a building, apartment house, :our* or other multiple dwelling which occupies contiguous Lots, in which event, water through one meter may be transported across property lines to serve such building, kpartment house, court or other multiple dwelling. Section 3f. - Connecting service pipe to meter--Premises to be left as originally found upon completion of tests; notice to city; liability of plumber and consumer. When any plumber or any other person connecting a Rater servicepipe to the property side of a meter uses water €or testing the pipes, he must leave the service box in as good condition as found, and shall leave the wafer shut off if found shut off, and shall in writing notify the city at the time the connection is made. Any damage caused by the negligence or carelessness of any plumber or other person to any part of the meter box or connection, must be paid by such plumber or person to the city on demand. Section 33'. - Same--Bill rendered. The water department of the city may meter to any water service or service pipe at shall deem it expedient to do so, and render connect a any time it corrected bill from the date of installation of such meter according to the meter rates and charges. Section 36. .*- Same--Liability of consumer for damages to meter After the water meter is so connected to the water -32 - ." 1 2 1 c 4 F c E r 1 t < 1( 1: 1: 1: 1d 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 7 J 3 HAYES & HAYES ATTORNEYS AT LAB HAYES BUlLDlNG 807 MISSION AVTNU OCEANSIUS. CALIF 0 ervice or service pipe, any damage to such meter resulting rom malice, carelessness or negligence of the consumer or my member of his family, or anyone employed by him, and my damage which may result from hot water or steam from L boiler, or otherwise, shall be paid for by such con- iumer to the city on presentation of a bill therefor; and in case such bill is not paid, the water shall be shut off Erom the premises without further notice, and the same ;hall not be turned on until all charges are paid. Failure to register; estimation of bill. In the event a water meter fails to register based upon a 3 month average during any month, a charge will be made/#gmwkk@ amount of water used during the same/mlplta for the previous year. In the event there was no meter at this place during the previous year, a charge will be made upon an estimate fixed by the water department which shall be paid by the consmer. Section Where bills will be mailed. period Unless the applicant for water service shall direct otherwise, all bills will be mailed to the premises where water service is furnished. Section 39. Begul tion of water service; turning on and off of water supply. A $3 charge will be made by the department for turning on the water supply when requested by the consumer incident to the opening of a new account. Section 4 It with or cut Cutting off or interfering with meter; germis- sion required. shall be unlawful for any person to interfere of€ or remove a water meter from any water - 13- service where% has been installed, hout first receiving :itten permission from the water department of the city. uch permission shall be granted only for the parpose of ests, replacements, repairs to meter or service pipes, eadjustments of service or similar emergency. ection 41. Application for shutting off water on sapply side of meter; bill rendered. Up00 the written application of the owner or ccupant of a building or premises to have the water shut ff on the supply side of the meter, the city shall have he water shut off, and at the time record the reading of :he meter and render a bill in a sum which shall be the Greater of the amount of water used according to the rates txl charges provided for, or for the monthly minimum charge lue for the fractional part of the month. Section 42. Notification of change of ownership or occupancy. It shall be the duty of every person signing an application for water delivery and of every owner of pro- perty to which water is delivered to notify the water department of any change in the ownership or occupancy of said premises to which said water is to be furnished at least two days prior to such change, Every applicant shall be liable for the water furnished and metered in accordance with saidapplication until the water department receives written notice to cancel same and shut off the water, when said applicant's liability shall cease except as to water previous to said notice. Every owner of property is liable for water furnished to any premises he has rented in the ev the tenant does not pay the water bill. Water service shal not be given any consumer upon change of address until all delinquent charges owed by said consumer at a former glace residence or business shall be paid. -14- t 1 I. 8 II 1 2 4 5 6 7 8 g 10 11 13 14 15 1 7 * II ,. . nf:c Section 43'. Regulation of water system; Pressure conditions. All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection, and to hold the department harmless from all damage arising from low pressure or high.pressure conditions or interrup- tions of service. Section 49. Fire Hydrants; purpose; persons atn-thorized to open . Fire hydrants are provided for the sole purpose of extinguishing fires, and shall be opened and used only by the fire department or other officials of the municipality authorized to do so, or pursuant to Section 47. 0 23 24 connections and install a meter of required size upon pay- ment of $25. service charge. 18 19 20 21 22 Section 43'. .- Regulation of water supply from a fire hydrant. (a) Persons wishing to take a supply of water fro@ a fire hydrant must make app1,ication to the department for such service. The department will make the necessary 25 26 27 28 29 30 31 (b) '&%en water is required for construction purposes of any type, upon making groper application a service connection mill be made with a main or at a hydrant at the most accessible point to the construction work. When the connection is not sufficiently accessible and water mast be taken to the work in a tank wagon or barrel, such I supply shall be taken through the meter as installed. In 32 /I HAYES &HAYES -66- ATTORNEYS AT LAW HAYES BUILDING 007 MISSION AVENUE li OCEANSIDE. CALIF. . II ,.. "6 1 2 ., , ' no case will water be furnished for any purpose except through a meter. 4 5 6 7 8 g 10 31/ Section 46, Duty of persons opening, Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is not in use, and leave the hydrant in as good condition as when found, and such officer or person shall report to the water department or the fire chief any leaks or breaks or damage to the fire hydrant immediately upon discovery, 1' 12 Section 47, False statements. No person who prepares or signs any application 13j 14 data therein or thereon. 15 shall willfxilly make any false statement or furnish false I Section 48. Validity. l6 I/ 18 19 2o 21 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 26 27 28 22/j ordinance. The council of this city hereby declares that it gective of the fact that any one or more sections, sub- sections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. odd have adopted this ordinance and each section, subsec- tion, sentence, clause, phrase, or portion thereof irres- 25 29 Section 49. Penal Provision. /I 3o I/ No person shall violate any provision of this 33/j ordinance, Any person violating any provision of this 52 il HAYES & HAYES ATTOHNEVB AT LAW HAYES BUILDIKG 807 MISSION AVENUE I OCEANSIDE, CALIF. I -16- 1 3 4 ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred (WO) Dollars or by imprisonment in the city jail of the City of the County of San Diego for a period of not more than six (6) months or by lsbad or the county jgil of both such fine and such imprisonment. // 6 Section 50. Effective date. 7 he city clerk shall certify to the passage of this ordinance and shall 8 9 10 11 cause the same to be published once in the Carlsbad Journal, and the same shall take effect and be in force on the thirtieth day after its passage. First read at a regular meeting of the City Council held on the 6& day of October, 1959, and finally adopted and ordered published at a meeting 12 13 14 of the City Council held on the 20th day of October 1959, by the following vote to wit: AYES: Councilmen Crober, Sonneman, Ledgerwaod and McPherson. 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 . ABSENT: None ATTEST: J.3. PRICE, City Clerk