HomeMy WebLinkAbout1959-10-20; City Council; 4001; Water Rate Ord1
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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
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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:
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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
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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
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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
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installed and the city notified,
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HAYES L HAYES
ATTORNEYS AS LAM'
HAYES BUILDING
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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
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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.
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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
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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.
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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
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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
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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
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water is being used pursuant to such permit.
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HAYES & HAYE
ATTORNEYS AT LA
HAYES BUILDSF;(
907 U15810N AVEh
OCEANSIDE. CALI
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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)
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iomestic water as follows:
Section 24. hlinimum charges for irrigation wat,er
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HAYES & HAYB'
ATTORNEYS AT LA
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:xpressly authorized to divide the City im-ko districts.
listricts may, from time to time, be revised Q$: changed as
Thes
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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
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HAYES 8r HAYES
ATTORNEYS AT LAW
HAYES BUILDING
SO7 MISSION AVENUE
OCEANSIDE. CALIF-
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.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
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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
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1 Section&%. Delinquent Bills--Procedure for restoration.
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bills, charges and penalties, and makes s
as may be required by the water departmen
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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
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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/
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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
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approval and consent of the cottncil.
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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
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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
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HAYES & HAYES
ATTORNEYS AT LAB
HAYES BUlLDlNG
807 MISSION AVTNU
OCEANSIUS. CALIF
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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
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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
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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.
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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.
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connections and install a meter of required size upon pay-
ment of $25. service charge.
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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
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(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
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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.
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no case will water be furnished for any purpose except
through a meter.
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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,
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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
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Section 48. Validity.
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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
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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
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ATTOHNEVB AT LAW
HAYES BUILDIKG
807 MISSION AVENUE I OCEANSIDE, CALIF. I
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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
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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
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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.
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.
ABSENT: None
ATTEST:
J.3. PRICE, City Clerk