HomeMy WebLinkAbout1957-06-05; Municipal Water District; 09; Ord 8 repeal - Rates, charges, payments, penalties & service connectionsomm-mm NO. 9
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TIOITS UPON VaICH TX3 3ISPRICT TIU IIWUL AN3 ~AlDT!l?AIX TXJ?OWY SRVICS COE3U
TIONS &I PSmWYZNT SXRBICd COIWdCTIOidS TO ES 2ACILIT!S: AI PROVIDIEG 3UUX
R&XLATIONS GOXGRXING SBVIC.l.3 COIXtdCTIONS, THZ SUd, DSLAGRY, TU~S?ORTATIOH A:
US OF ViUER I\'XTHIN CARLSBBD E.iUHICl?AL W.'.iB DI-SIllCT, AX% TB US8 OF SAD DIST:
FACILfTIicS,
W-HgNfi, 11 A& -7 CARLSBAD 2~GJNSCIPLL YtW?XIi DISTBICI?, hereinafter referred
"the District", is organized under the Xtmicipal Water District Act of 1911, as mended; and -
W34%&3, Sect ion 22 of the Xunicipal Water District Act of 1911, as a
provides that the Board of Directors of a municipal water district, so far as p able, shall.-fix such rate or rates for Water in the district, and in each impro district therein, as will result in revenues which will pay th3 operating axpen the district, ani the improvawnt district, provide for repairs and depreciatio works, provlde a reasonable surplus for improvanfs, extensions, ad enlargeme
pay the interest on any bonded debt, and provide a sinking or other Tuna for th mnt of the principal of such debt as it my become due; and that rates for watt each improveme& district nay vary from the rates of the district ard froa otb: proveent districts therein; and
YiHSfZAs, Sect ion 13 (8) of the Xunicipal Tater District Act of 1911, ; wnded, provides that the Board of Directors of a municipal water district shal: the power to fix t& rates at which water shall be sold, a& to establish diffe: rates for different classes or coditions of service; provided that rates shall
uniform for like classes or conditions of service throughout the district; and I WIilIRlUS, Section 23 of the Xunicipal Vatey District Act of 1911, 8s a~ provides that if the revenues of the district, or of any iaprovemat di strict t; are Or in the judgment of the Bod of ~Directors xi11 probably be inadequate fo: cause to pay the principal of or interest on any bonded debt of the district, 0: improveent district thereof, as it becows due ad also the amounts set forth t ion 22 of the said act, the Board of Directors must causp a tax to be levid, 1
provided in said act, sufficbnt to provide for such deficit and to pay the moi
such principal and interest as will bscome due before the proceeds of a tax levi
the wXt; gnneral tax levy will be available; and
WffamAS, the qualified voters of DPROVI¶MNI' DISTRICT NO. 1 OF CAFLLSi31
&iiI~IPkL %U'i3R DISTRICT, hereinaf'ter rnferrsd to as "the Improvemnt District" authorised the District to incur indebtedness by th2 issuce of bonds of the D:
trict for the Improvement District in the principal mount of $1,350,000; and tl:
District has sold and issued bonds in thg principal amunt of $1,250,000 there01
said Proceeds thereof being used for the construction of a main transmission 1i1 other facilities for the distribution of water into and within the &pmvemnt I
trict; and
WI-JJIImAS, The Board of Directors has made a study of water rates chargc water distribution agacies in San Dhgo County and the District for distributic
sale of water for domstic, municipal, industrial, and irrigation purpo%s, and siders that the water ratss to users within the District should be comparable tc charged elsewhere and comensuratg with the conditions of service and cost of fa ties, and considers that different rates are justified ard should be charged for I . wholesale ale of water d for th retail sal2 of water; and
\WF(EBS, the Board of Directors has ascertained and does determine th6
will not be practicable to my all expenses of operating the facilities of the 1 provemat District and service its bonded debt from water revenues dons, and tb
it will be necessary to lgvy taxes upon all the taxable property within the Impr Wnt District to help pay the cost; of opqration and maintenance of the facilitie
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of tb Improvement District and to service its bonded debt; and
WB#aBs, various water distribution agencies located wi% hir? the Impro
Wnt District have existing facilities to transmit ad trarrsport water from the
fa-cilities of the Improvement District to properties within their resBctive se:
areas, and otbrs are undertaking tha formation of distribution agencies to ser
areas not now being served with wcter; and
WmAS, the Board of DirbctoBdeems it expedient, proper and nqcessa the Board establish rates, charges arrd conditions for the sal? an;? distribution
ter tux€ the use of t& facilities of the Improvement District, 1 NOW, TBREFOm, 33 m! ORDAIXZD BY THr: BOAD OB DIItilCTORS OF TU CARLS
1JiUE;rICIPAL WATER DISTRICT AS POLWJIS :
Saction 1. (R6P2AL) That Ordinance Eo. 8 of this District, relating ter rates, water charges, time, method, manwr of pamnt thereof, rules aril re tions governing service comctions, sale, delivery, transportation and use of 1 within the District, is hereby repealed,
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Section 2. That, except as otherwise provided herein, water will be to wholesale consumer agemies only, within the, District,
Section 3. That wholesale consuplq?r agmcies, within the reaning of tl
Ordinance, shall include tbs following: mutual water comanies, public agencie: cipal corporations, holders of certificates of convenience issued by tlw Public ties Comaission of the Sate of California and impmvemsrrt districts formed for 1 purpose of instd1in.g distribution Systems.
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Section 4. That &olesale connections will be granted to existing agr
falling within one of t& categorias provided in Section 2, or to newly organiw gencies establishgd ard prepmed to serve water to all potential u8er8 within a maw distribution area as established in the master water distribution plan for fmprovemgrrt District, including installEtion of adequate facilities for serving
argasl,
Section 5. (SrjlRVICX TO OTGR TPIIAN VHOLi3SAB AGNCDS) That, in view
limited quantity of water which will be available for the next bvo or three yea]
desirability of hwbg aajm service areas served by one wholesale agency, the C
culty in controlling the flow of mtqr to numerous users and qnsuring the -availd
of water to users having no storage for off-peak use, and the inherent inefficir
combining wholesale and r2tail services, ths Board of the Rirectors of tb Dist:
will not approve permanest retail connections for individual users, except vbrc
ua,l conditions exist and where enforceranat of this provision would be injurious District or work Severe hardship on thq retail applicant,
Temporary retail connsctions may be authorized to mset specific situai
where approved by th" Board of Directors and subjbct to such special conditions
be prescribed by said Board; sch temporary retail eonn+ctions shall not be pern
where the applicant can recqive service Trom an established wholesale agency at
able CO&.
section 6. (W$S) - That fron and after the effective date of this Ox the following rates will be charged for all water sold and delivgrsd within tha aries of the District or through its facilities:
WHOL?ISU RATS PZi ACE+$ RIOT ~- ~ ""_"" ~ ~~. ~~"
I AmRAa COST OF TB TfATiiR TO 'I'm DISTRICT FOR THE PlGC&DR$G JViOhTH, PLT.
Each whole%le consumer agency shall be entitled to om etsr connectj
without the my-wnt of any standby charge. For each additional meter connectior
wholesale consumer agency shall pay a monthly standby charge of $10.00.
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BllG?ORAxY =TAIL COIlXi3CTIOM WJ3
Standby charge (up to 1" meter) (individual) $3.00 per month
Standby charge' (above I" mqter ) (individual ) 5.00 per nonth 1st 1,000 cubic feet or fraction thereof .25 per 100 cubic feet
2nd 1,000 cubic feet -15 per 100 cubic feet
next 8,000 cubic feet -11 per 100 cubic feet
Above 10,000 cubic feet -09 per 100 cubic feet I The monthly standby charges for mult ipln units which shall prevail 20:
tiple unit rental propertiss, trailer courts, motels or any similar arrangemqt
units shall be as follows:
If tkre are 10 living units or less, the monthly standby charge shal:
be equal to the monthly standby charge for an individual retail conngc
tion multiplied by 50% of the living units,
If there etre more than 10 living units, th9 monthly standby charge Shi be equal to the monthly standby cmge for an individual temporary rea tail connection multiplied by 40% of the living units, but in no case shall said monthly standby charge bs less than 5 times the monthly str
by chmge for an ind iviaual temporary retail connection,
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The applicmt for a temporary retail connection shall pay the entire 1
of the temporary service mrxtection. Before tb teEPOrarY service connection i me the apP1j.d must pay a deposit equal to the estimated Cost of tha servicl tion, &8 determbd by the District, plus lo%* In the event that the actual eoi
aid service comection is less tu ths deposit , the applicant Shall receive a
fun^ on tha mused portion of tho deposit Upon tarmination of tsmPorary retai
vice, temporary meters will %e removed by tb District, S;t the rewest of the C1 mer, sn;rr cost incurred by the District in tb rsinOVa1 of Such meters shall be ' for by the customer, If temporary ssrvice is changed to a Psment status, th~ vice mater shall becow the prop5rty of tb District .mc~ will bo operated ad r~
tained by the District,
sect ion 7. (BP?LICATIOKS FOR s31mm-d cormm~oxs)
a, GEX&BhlJI: The size, design and location of all service connection
the charge to be made therefor, shall be such as are, from the to tiille, establ
by the Board of Directors of the District Be€ore any service connection is in
to serve any consumer, an application shall be filed with the District togethsr
any required degosits, If the desired ssrvice connection is not located on the erty owned by the applicant, the application must be supported by satisfactory that applicant has secured the necessary rights at itling the District, or it s 1
signebted agent, t o operate, install, maintain, reaove, enlarge, replace and regl
said service connsct ion,
b, WHOUSAU SdilVIC3 COLXAC3'IONS: All applications for wholssde sq
connections shaL 1 contain the followiog:
1, E-, telephone number and mailing address of applicant.
2, A map showing the boundaries of the applicant's service area
as authorized by the proper agency, ad the locat ion anli size of the applicant's distribution System*
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3. A staterrent by the applicant showing acreage of the service area and thg number of bona fide customrsP
4, A statement that dl water received from the District after July 1, 1958, will b? sold through meters only.
5. The size and locat ion of thq inetar desired, with deposit
6. A sta,ten;ent tht the applicat Will abide by the ord-c@ss resolut ions, ruk s and regulations as are, from time to ti% ,
prescribed by the District, insofar as they pertain Or apply
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to the applicant; d will abide 5y the rules, regulations
and ordinances of tfi(? SBn Diego County Viatar Authority az3d the
Gtropolitan Water District of Southern California.
7. A stateL-nt that the applicant will not deliver watar receivsd
from the District out side the service area of the applicant,
as stat9.d in the application, and will rot mmit District
water to be used outsids the ap3roved service area of the
app 1 icarxt o
8, A statgl-llfr that the applicant will abide by any ordinances of
the District restricting the use of district water and prohibit-
ing the waste of district wstsr passed in accordance with thg provisions of the Eimicipal Water District Act of 1911, as madiet
9, Satisfactory proof that tl- applicant is a wholesd2 consmgr
agency as definnd in Sect ion 2 of this Ofiinance.
C. T1&POItl;RY EB?dIL COIWXZ!IONS: A11 applications for temporary rets
con.m&ions s'ml1 contain the following:
1, Hame, tekeghons nm3er and nailing address of applicant.
2. A rip showing boundaries of the applicant's prosrty to be served by tmporary retail servicet
3. The size ad loeation of the retsr dssird, with deposit,
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4. A statewnt that the applicant will abide by th5 ordinances, res-
olutions, rules and regulations as are, from t ina to ti!*, pre- scribed by the District, insofar as they pwtain to or apply to
the applicant; and will abide by the rules, regulations and ordin.
aces of t'ne San Diego County Water Authority & tb &tropolita '&ter District of Southern Californiar
5. A statgm2nt that the applicant will abide by ax7 ordinances of t& District restricting tho us6 of district water and prohibiting tht
was%@ of district water passed in accordance with thf, provisions of thg BIunicipal Water District Act of 1911, as &%end&
6, A statement that the al?plicant will not use ~hny of water received from t& District outside the applicant's property, as shown in tl
application.
7, Proof that th5 ayplicaat can-mt obtain service from an estab-
lishqd wholesal? agency at reasona3be cost+
8. A recordab19 agreeiqmt that ths District my discontinus ser- vice when a suitable wholesale agacy is available to serve
thq customer,
Sect ion 8. (BILLING AhTD PAYhiBTl?)
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That all meters shall be red at such timbs as, from tim? to time, ma;
prescribed by the District, and all charges for water deliveed or sold grior t
time of said reading shall be dw and pays313 at the office of thq District, or
such other place as may be sRcifi4 by duly adopted rules and regulations, fif
(15) days after billing. If not paid within thq prescribed perioa, such charge
become de1inqum.t ad a penalty of ten Brcant (lop] shall be added t'nsreto, an not paid within thirty (30) days af%nr billing, service may be discontinu&r
That date of billing shall be the date saw is deposited in the Unite1 States mail, postage prepaid. Beco,mection shall be subject to actual cost of reconnect ion with a minimwn chrgq of @~O,OO.
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Section 9, (&&TI 02 *W#) That the District &all havs the right, &r
rgsgrvgs the right, to regulate and prescribe tb maximum quantitiss ad the mir
mum queunt itiss of water t'mt shall be discharged or dslivwsd through any ssrvic corn& ion and to deternine from time to t ime the amount of water which is avail
for delivery during any month, and to retain water in storage to meet x"uture net of the District. All water ordered by any wholesabr shall be t&en at a unifool
rate of flow unless otherwise provided by contract or agreem2nt. Any change in established rate of flow desired by a wholesaler will reqaire twenty-four (24) I notice to tb District office during businsss hours. . Any loss of water by reasc failure to give sufficient not ice stiall be chargeable to the agency involved.
Section 10. (COX2ROL OF @RVICd COhT2CYIOXS) All service connection:
facilities of the District &all be under the exclusive manageiient and control c
District , or through its dssigmted agent, and no consumor, wholesale or twporl tall, shall have the right to operate any conn&ion, w$nr, recording device 0:
used in conjunction thorewith. Any violation of this section shall biztitle the
%rict to discontinue the delivery of water to the party violating this section.
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The District shall be responsible for maintenance and repair of servic nections and meters connected directly to its lims. The District &all have tj of access at all reasonable times to customgr's premises for any purpose nor;ml:
nqcted with tk furnishing of water service.
$ach house or building under separate owngxhip must be provided with own service comsction or connnctions, Two or more houses or buildings under 01 ownership ad on the sa~w lot or parcel of 14 may be supplied through one ser'
conngction under t@ conditions set forth in Section 6 concerning monthly standi charges for multiple units, or a separate service connnction mqy be installed f( each building. The District reserves the right to limit thq nuylber of houses 0:
buildings, or the area of land. under om owmrship, to ba mugpliod by one servic
connection.
Section 11, (D?OE?IOELThT DfmIRG 'Pl3BS 08 SHOE@AGil) Tkt during tk
of shortage, or threatened shortage, of supyly, the District will apportion ava, water among its wholesale and retail conslmrs in accordance with tk provision
the Xunicipal Water District Act of 1911, as awnded, assigning priorities to dl
and ot'wr uses as may be found necessary by the Board of DirDctors of t@ Distr
after dQ processr
Sect ion 12, (IGJTi3R TEECS] That if a customer quest ions the accuracy meter and mahj7s %& required deposit, a test will be made, Ths deposit shall bf
$15.00 for any mter up to 2n and $50.00 for any wter above 2t'. If the test s that th2 m&r is accurate to withis 5$, ths deposit will be retabd by ths Bi
If more than 5% in grror, the deposit will 35 retnrn&. If the meter is more t:
5% fast or 10% slow, the customer's bill will be adjusted accorclingly.
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Section 13, (BOOSE9B PWPS) That booster pumps installed by the cus must be approved by tk District and set on the discharge side of the meter in i ner Bpproved by the District; t'hy must be operated so as to cause no strain or bration on thg District's 1%. Any equipmpat wcessary to ensas this result I
be paid for by ths custo~r~
Section 14. (FIBI Si3RVICS) T'mt fire service connections may be ins at the expf?nse of tho custowr provided that no water from such connections sha
Used for purposes otbr than to extinguish fires. Individual agreqmants will b
with customers for all sach connections.
Section 15, (QU.GBY OF %U'@B) That all water will be chlorinated, treated or rw water, Consumers must assq all the responsibility for use of :
water for domestic p~poses,
%ction 16. (SEICIFICLU?IONS) That it is the policy of t@e District
all lines constructed by third parties in anticipation that owner ship, operatio
and mintanance will ultknately bo transferred to the District shall be steel 1
cewnt lined a13d coated, or approved tyye of equal or better quality as detdrni
by the District 2b@.neer,
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Sect ion 17. (PI8A%CATG OB LIW EXi?d:NSIONS) T'aat when an improvement d
trict is organized under ths Eunicfpal .Yktsr District Act of 1911, as armended, t
provide water service to any areas of the 1mpzuvemt.nt District, K.wcing of t&
quired primary distribution lims shall -&.effected by bond issue& which shall r
in a charge against all the taxable property of the area so organized. Opqratio such improvemerat districts &all be by t'ne District. Detail& operations maag be
signed to a desigmtsd az& der polici2s established by tk+ District, A Boar five (5) property owners of any n5w improvzwnt district as sal&& by th2 prop owwrs of said new impmvewnt district &all bq recognized as an advisory counc to advise the Board of Directors of the District in the managemFnt of thn affair the said ww improvement district, I
Section 18. (2UI22S AXiI R3GULXPIONS) That the Board of Directors of t
District is hgrebg instructed, empowered and directed to establish such dditior
rules and regulations as will, from tim9 to ti-, implemnt the provisions of tE.
Ordinance.
ORDEWD, ADQl?TE:I) &El iLDPXOT~ by t'ne Board of Directors of thg Carlsbs
Xuicipal Vater District. on the 5th day of June, 1957, st a regular meetiw bld
7 :30 P.X. at 2960 Pi0 Pic0 Drive, Carlsbd, San Dbgo County, California, by tk
lowing roll call vote, to wit:
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I ATTSST :
-3 /" ,.,,---: ,/ /:~.: : -1 &;&'
,-L. ~ < /. &&+&
President ofthe /\$a'ard of Dir,&c C.Q&SBg) l;rnIcIi&- 'Y/AW Dp6R'
r/
. Y- &* p4
Secretary of the Boar& of Dkgctors
CULSBAD kXJNIC1PA.L WATdR DISTRICT
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