HomeMy WebLinkAbout1968-05-15; Municipal Water District; 26; Ord 10,12,14,16,21&22 repeal - Water delivery prices, rates & chargesORDINANCE NO. 26
AN ORDINANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT TO ESTABLISH AND TO DEFINE PRICES AND CONDITIONS OF WATER DELIVERY; TO PROVIDE METHOD OF ESTABLISHING AND FIXING RATES AND CHARGES FOR WATER DELIVERED; TO PROVIDE METHOD FOR EXTENSION OF DISTRICT'S FACILITIES;
AND TO REPEAL ORDINANCES 10, 12, 14, 16, 21 and 22. a WHEREAS, Carlsbad Municipal Water District, hereinafter called
"District", is organized under the Municipal Water District Law of 1917; and
WHEREAS, said Municipal Water District Law provides method by which District shall establish types and conditions of service, fix rates and charges, provide method of extension of facilities and repeal existing Ordinances as necessary, and
WHEREAS, present conditions render existing Ordinances No. 10, 12, 14, 16, 21 and 22, ineffectual, and
WHEREAS, the Board of Directors of Carl sbad Municipal Water District deem it expedient, proper and necessary to establish and define types and conditions of water delivery, provide method of fixing rates and charges, provide for extension of facilities, and to repeal certain exi sting Ordinances ;
NOW, THEREFORE, be it ordained by the Board of Directors of the Carlsbad Municipal Water District as follows:
ARTICLE I - REPEAL 1 That Ordinances Nos. 10, 12, 14, 16, 21 and 22 be, and hereby are, repealed in their entirety.
ARTICLE I1 - IN GENERAL
SECTION 1. - DEFINITIONS:
For the purpose of this Ordinance, the following words, and phrases shall have the meanings respectively ascribed to them by this Section:
"District" shall mean Carlsbad Municipal Water District.
"Board" shall mean Board of Directors of the Carlsbad Municipal Water Di s tri ct .
"Connection" shall mean the metered water service from District facilities.
"Manager1' shall mean the General Manager of the Carlsbad
Municipal Water District.
SECTION 2. - MANAGER TO MAKE RULES; AFFECT:
JI The Manager of the District may make, from time to time, rules
and regulations, not in conflict with this Ordinance or other Ordin- ances of the District, governing the use and consumption of water, subject to the approval of the Board; and all consumers shall observe such rules and regulations to the same extent as though set forth in this Ordinance.
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SECTION 3. - WASTING WATER; REPORT TO DISTRICT:
No person shall wilfully or neglectfully waste water in any manner whatsoever; and any person having knowledge of any condition whereby water is being wasted shall notify the District of such fact.
SECTION 4. - TURNING WATER ON AND OFF FROM PREMISES:
No-one except an authorized employee of the District shall turn
the water on or off from any building or premises at service gate or cock.
SECTION 5. - PERSONS NOT TO INTERFERE WITH -DISTRICT WATER WORKS:
No person shall in any manner whatever meddle or tamper with or interfere with any part of the water works of the District.
SECTION 6. - ENTRANCE UPON PRIVATE PROPERTY BY EMPLOYEES OF DISTRICT:
Any authorized employee of the District shall be admitted at all reasonable hours to all parts of the premises supplied by water to see that regulations are observed.
SECTION 7. - FAILURE TO COMPLY WITH RULES OR PAY RATES; PENALTY:
On failure to comply with the rules and regulations established by the District as a condition precedent to the right to use the water, or to pay rates or any charges imposed, in the time and manner stated in this Ordinance, the water may be shut off until payment of amount due is made, with a $10.00 reconnection fee.
SECTION 8. - RIGHT OF DISTRICT TO ENTER PREMISES, INSTALL METERS AND ENFORCE COLLECTION OF CHARGES:
The District shall have the right at any time, and at any point where water is used, to instal 1 a water meter of adequate size , and enforce collection for the amount of water that shall be used, in accordance with all the Ordinances, Rules and Regulations of the District governing the consumption of water, and for that purpose may at any time go upon the premises of the consumer or user of water.
SECTION 9. - INTERFERENCE WITH INSPECTION; STOPPAGE OF SERVICE; NOTICE REQUIRED:
In case any authorized inspector, foreman or employee of the
District be refused admittance to any premises supplied with water by the District , or on being admi tted he shall be hindered or pre- vented from making such examination or inspection by any person, or for any reason thereto, the maintenance on such premises of a vicious dog or animal, or for any other reason, the Manager of the District may cause the service of water of such premises to be discontinued, after giving written notice to the owner or occupant thereof of his intention to do so.
SECTION 10. - SERVICE OF NOTICE OF STOPPAGE OF WATER SERVICE:
Such notice as is provided for in the preceding Section shall be deemed served upon the owner or occupant thereof if it is mailed to his last known address, and a copy thereof mailed to such premises if his mailing address is not at such premises.
SECTION 11. - LENGTH OF WATER SERVICE STOPPAGE:
Service water may be discontinued until the owner or occupant has given satisfactory assurance to the Manager that any such inspector, foreman or employee will not be hindered or prevented
from making such examination or inspection.
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SECTION 12. - LIABILITY OF DISTRICT TO DAMAGE FROM BREAK:
The District will not be responsible for damages to buildings or their contents from any break beyond the meter connection.
SECTION 13. - STOP COCKS - FOR DISTRICT:
There shall be a stop cock in every attachment on the immediate upstream side of the service meter at a point to be designated by the Manager of the District, which stop cock shall be paid for by the consumer but shall be the property of the District, and shall be for exclusive use and under its exclusive control.
SECTION 14. - STOP COCKS - FOR CONSUMER:
The water consumers are hereby required, for their own protec- tion, to provide, at their own expense, a stop cock to be placed on the property serviced within three feet and downstream of the water meter.
SECTION 15. - AUTHORITY TO REDUCE OR TURN OFF WATER IN EMERGENCY, FOR REPAIRS , ETC:
The District, in case of emergency, whenever the public safety, health or the equitable distribution of water so demands, may change, reduce or 1 imi t the time in which the water may be used, or discontinue the use of water entirely during the emergency. The District also reserves the right, at any time, to shut off the water supply because of repairs, extensions, non-payment of rates or any other reason, without notice.
SECTION 16. - RESPONSIBILITY FOR DAMAGE RESULTING FROM TURNING OFF WATER:
The District shall not be responsible for any damage, such as bursting of boilers, darnage to crops, the breaking of any pipe or fixture, stoppage or interruption of water supply, or any other damage resulting from the shutting off of water.
SECTION 17. - USE OF FIRE LINE FOR OTHER THAN FIRE PURPOSES:
No fire line shall be used for any purpose other than for the extinguishment of fire, unless the same be equipped with a meter, in which event there shall be a charge for the water used, together with the cost of the meter.
SECTION 18. - PRIVATE FIRE LINES, ETC; SERVICE CONNECTIONS:
Where a privately owned fire line is used for fire purposes only, and is connected to a sprinkler system or other standard fire
hydrant, the owner shall pay for a1 1 service connections from the main to the service valve.
SECTION 19.- USE OF FIRE HYDRANTS - GENERALLY:
Fire hydrants are provided for the sole purpose of providing connections for the extinguishing of fires, and shall be opened and used only by the District and Fire Departments or such persons as shall be authorized to do so by the Manager of the District .
SECTION 20. - USE OF FIRE HYDRANTS - PERMIT:
All persons using water from fire hydrants or other hydrants owned or controlled by the District, shall be required to obtain a permit to do so from the Manager of the District , who shall issue no such permit to any person who has violated any of the provisions of these rules, or whose indebtedness to the District for water used, or damage to hydrants, is delinquent.
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SECTION 21. - REPLACING CAPS ON FIRE HYDRANTS:
A1 1 persons permitted to open fire hydrants will be required to replace caps on the outlets when the same are not in use. Failure to do so will be sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of f i re hydrants .
SECTION 22. - BILLS FOR LABOR, MATERIALS:
A1 1 bi 11 s for 1 abor and materials furnished, or other charges not provided for otherwise, shall become due and payable thirty days from date of mailing.
ARTICLE I11
RETAIL WATER RATES AND COLLECTION THEREOF
DIVISION 1. - IN GENERAL
SECTION 1. - READY TO SERVE CHARGE:
The District shall charge each consumer a monthly ready to serve charge for each meter connection in such amounts as provided by resolution of the Board as adopted from time to time.
SECTION 2. - CLASSIFICATION OF CONNECTIONS:
Separate water rates shall be established for each of the follow- ing classifications:
"Individual" - A connection to serve a single, domestic dwelling II and/or other use including agriculture.
"Multiple" - A single connection to serve a multiple dwelling building, or multiple buildings designed as dwelling units.
"Condominium" - A connection to serve an ownership as described in Section 783 of the California Civil Code.
"Mobile Home Park" - A connection to serve property which is used for the parking of mobile homes or house trailers.
"Camp Park" - A connection to serve property which is used for available space for tents , campers , trailers , or other 1 i ke temporary domestic usage for periods of not more than fifteen days per use.
"Construction" - A temporary connection to serve a construc- tion project.
"Special I' - Any connection which presents an unusual condition not above defined.
SECTION 3. - RATES AND CHARGES TO BE ESTABLISHED BY RESOLUTION:
I. That rates and charges for all water delivered by District shall be fixed, and may be changed as necessary, by Resolution of the Board. All bills shall be due on mailing.
SECTION 4. - READY TO SERVE CHARGE - PRORATION:
The ready to serve charge may be prorated as follows: The first fifteen days shall be one-ha1 f of the monthly ready to serve charge, and thereafter no ready to service charge will be made for that month.
SECTION 5. - METER READINGS AND BILLINGS:
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Meters shall be read and billings rendered as nearly as practi-
cal at the end of each calendar month. Any bill unpaid fifteen days after the date of mai 1 ing shall be deemed del inquent.
SECTION 6. - NON-PERMANENT AGRICULTURAL METERS - DEPOSIT:
Those consumers obtaining water through a non-permanent agricultu
meter shall make a deposit to secure the payment of water charges for water used through such meters in such amount as may be required by thl Manager. District may apply the deposit to the customer's delinquent account but the District may consider the account unpaid until the fun' removed from the deposit have been replaced by the consumer.
SECTION 7. - PENALTY:
If any bill remains unpaid on the fifteenth day following the mailing of such bill, then there shall be added a penalty of ten percent of the amount due on such water charges for every thirty days said delinquency continues. Such penalty shall be not less then $1 .OO and not more than $50.00. There shall be a separate
bill for each meter.
SECTION 8. - DISCONTINUATION OF SERVICE DUE TO UNPAID BILLS - RECONNECTION :
If the bill remains unpaid on the fifteenth day following the mailing date of such bill, then the Manager may cause the water to be shut off from the premises where the delinquency occurs and the
same shall remain shut off until all bills, plus any penalties shall have been paid.
SECTION 9. - CHARGES WHERE HOUSE BECOMES VACANT; REQUEST FOR DIS- CONTINUANCE OF SERVICE:
In case a house becomes vacant, the regular ready to serve charge shall be charged and collected from the owner thereof; whether water is used or not; until the day upon which the office of the District is notified of the fact that the property is unoccupied and is requested to shut off water therefrom.
SECTION 10. - SERVICE CHARGES TO BE A LIEN AGAINST PROPERTY OF CONSUMER:
In addition to any other remedy provided for in this Article for the enforcement and collection of any water rates, charge or account, all rates provided for in this Ordinance shall be charged against the property on which it is furnished, and against the owner thereof, and shall be a lien against the premises to which any water may be supplied, and a charge against the owner thereof and the occupant thereof using the water. If for any cause any sums owing therefor become delinquent, the water shall be cut off and in no case shall it be turned on to the same property until all such delinquencies shall have been paid in full . Such property owner and occupant shall be severally responsible to the District in an action brought by the District in any Court of competent jurisdic- tion for the amount of all such money as may be due and unpaid, together with all penalties provided herein and costs. No change of ownership or occupation shall affect the application of this Article. This section shall not apply to non-permanent connections.
SECTION 11. - APPLICATION FOR SERVICE:
Installation of a connection will be effectuated upon District's receipt of a properly executed application upon forms to be furnished by District accompanied by consumer's deposit to cover the estimated cost of connection installation as hereinafter provided.
SECTION 12. - DEPOSIT AT TIME OF APPLICATION - REQUIRED:
At the time of making application for service connection as
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provided in this Ordinance, and as a condition precedent to the acceptance of the application, the Manager of the District shall cause to be coll ected from each appl icant, in addition to any and all other amounts required by him to be collected under the pro- visions of this Ordinance, a deposit equal to the estimated costs of the service connection, as determined by said Manager, plus ten percent. This estimated amount shall be assumed to include the actual expenses and proportionate share of the overhead expenses of the District operation. The overhead expenses of the District on a retail service connection is hereby established at ten percent of the actual expenditures for labor, material and engineering. The said overhead expense shall be deducted from the deposit of the appli-
cant prior to any refund of the unused portion of the deposit, or before billing for additional cost in the event the actual cost exceeds the deposit.
SECTION 13. - SERVICE CONNECTIONS AND METERS - PROPERTY OF DISTRICT:
All service connections and service meters, upon installation become the property of the District and the District's responsibility to maintain. Upon termination of any temporary retail service, temporary meters will be removed by the District, at the request of the customer. Any cost incurred by the District in the removal of such meters shall be paid by the customer. If temporary retail service is changed to a permanent status or non-permanent agricultural
status, the service meter shall become the property of the District anc will be operated and maintained by the District.
ARTICLE IV - METERS
SECTION 1. - CONNECTIONS OUTSIDE PROPERTY LINE:
All water connections installed between the meter and the pro- perty line shall be either pure copper tubing or red brass pipe; and all such connections must be inspected and approved by the Manager before service is admitted through meters.
SECTION 2. - OWNERSHIP; EXCEPTION:
All meters installed by the District shall remain at all times the property of the District, excepting only those meters installed for temporary retail service and owned by the applicant. Within six months of the publication of this Ordinance no service will be granted to a non-permanent agricultural meter not owned by the District. Any such meter now owned by a consumer will be removed and replaced by a District owned meter at consumer's expense unless consumer conveys his interest in the meter then being used to the District.
SECTION 3. - TESTING BEFORE INSTALLATION:
All such meters shall be tested by the District before being instal led.
SECTION 4. - CHARGES FOR REPLACEMENT, REPAIRS OR ADJUSTMENT CAUSED BY NEGLIGENCE, ETC., OF CONSUMER, NON-PAYMENT:
Where replacement, repairs or adjustments of any meter are deemed necessary by the act, negligence or carelessness of the consumer, any expense caused the District thereby, shall be charged against and collected from the consumer. If the consumer or owner fails to pay such charges, water may be shut off until such charges are paid.
SECTION 5. - EXAMINATION OF METERS AT CONSUMER'S REQUEST - DEPOSIT:
Any consumer may demand that the meter, through which water is being delivered, be examined and tested by the Water Department for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered to it. Such demand
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shall be accompanied by a deposit of $15.00. Upon receipt of such demand, it shall be the duty of the Manager to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it.
SECTION 6. - EXAMINATION OF METERS AT CONSUMER'S REQUEST - REPLACE-
MENT OF DEFECTIVE METER; FORFEITURE OF DEPOSIT:
If, on examination and test, the meter shall be found to register a percentage of more or less water than actually passes through it, than allowed by the tolerances for such a meter as established by the American Waterworks Association standards, another meter shall be substituted therefor. If the meter is determined to be registering more water than actually passes through it within the tolerances above set forth, the above deposit will be refunded to the consumer, but in the event the meter shall be found to be accurate or registerir less water than actually passes through it, the fee so deposited shall be forfeited to the District.
SECTION 7. - ADJUSTMENT OF BILLS FOR METER ERROR:
(a) Fast Meters: When upon test, a meter is found to be registering fast within the tolerances above set forth, the District shall refund to the consumer the amount of the overcharge, based upon corrected meter readings for the period the meter was in use, but not to exceed a period of six months.
(b) Slow Meters: When, upon test, a meter is found to be registerinc slow beyond the tolerances above set forth, the District shall bill the consumer for the amount of the undercharge, based upon corrected meter readings for the period the meter was in service, but not to exceed a period of six months.
(c) Non-Registeri ng Meters : The District may bi 11 the consumer for water consumed while the meter was non-registering, but not to exceed a period of three months, at the minimum monthly meter rate, or upon an estimate of the consumption based upon the consumer's prior use during the same season of the year if conditions were unchanged, or upon an estimate based upon a reasonable comparison
with the use of other consumers during the same period receiving the same class of service under similar circumstances and conditions.
(d) General : When it is found that the error in a meter is due to some cause, the date of which can be fixed, the overcharge or the undercharge shall be computed back to, but not beyond, such date.
ARTICLE V - WHOLESALE SERVICE
SECTION 1. - APPLICATION FOR WHOLESALE WATER CONNECTIONS:
Applications for wholesale water connections shall be made in a form prescribed by the Manager of the District.
SECTION 2. - GRANTING OF WHOLESALE WATER CONNECTIONS:
Wholesale connections shall be granted to serve a mutual water company, public agency or municipal corporation which is a holder of a certificate of convenience issued by the California Public Utilitie: Commission and which otherwise is prepared to serve water to a1 1
potential customers within a primary distribution area as established in the master water distribution system of the District, exclusive of Improvement District 2 and 3, said connections to be installed to the specifications of the District, and at the expense of the agency. The Board of Directors reserves the right to grant a wholesale connec. to an agency which does not qualify under the foregoing, provided sucl failure to qualify is caused by factors beyond the control of said agt
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such as geographic location and economic feasibility. Any deviation from the above standard must be approved by the Board of Directors by resolution.
SECTION 3. - WHOLESALE WATER RATES:
The District may, from time to time, establish by resolution, wholesale water rates. A different rate may be established for water sold within different improvement districts within the District.
SECTION 4. - TRANSPORTATION CHARGES:
The District may, from time to time, by resolution, add to the
above water rates a charge for the transportation of water through Improvement District facilities, for water transported through said District for use outside of the same.
SECTION 5. - BILLING:
Billing shall be on a monthly basis. There shall be no ready to serve charge.
SECTION 6. - CONTROL OF WHOLESALE SERVICE CONNECTIONS:
All wholesale service connections to facilities of the District shall be under the exclusive management and control of the District, or through its designated agent, and no consumer shall have the right to operate any connection, meter, recording device or valve used in conjunction therewith. Any violation of this Article V shall entitle the District to discontinue delivery of water to the party violating the same.
SECTION 7. - RATE OF FLOW :
The District shall have the right, and reserve the right, to regulate and prescribe the maximum quantities and the minimum quantities of water that shall be discharged or delivered through any service connection, and determine from time to time the amount of water which is available for delivery during any month, and to retain water in storage to meet future needs of the District. All water ordered by any wholesaler shall be taken at a uniform rate of flow unless otherwise provided by contract or agreement. Any change in the established rate of. flow desired by wholesaler will require twenty-four hours notice to the District during business hours. Any loss of water by reason of failure to give sufficient notice shall be chargeable to the agency involved.
SECTION 8. - SERVICE CONNECTIONS:
All service connections to wholesalers shall be owned and operated by the District. The cost of installation of all such service connections shall be borne by the wholesale consumer.
ARTICLE VI
EXTENSION OF WATER MAIN AND OTHER DISTRICT FACILITIES
SECTION 1. - EXCESS CAPACITY:
Excess capacity for the purpose of this Ordinance, is defined to mean only that excess capacity resulting from the construction of pipelines or facilities larger than those required by the applic- cant for extension under existing District standards now or hereafter adopted.
SECTION 2. - APPLICATION - GENERALLY:
Any person may apply to the Manager of the District for the
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installation of water mains and fire hydrants and other appurtenant
facil i ties to be constructed either in pub1 i c streets, a1 1 eys or private property; however, nothing herein contained shall be con- strued to modify any provision of the subdivision section hereinafter set forth, which requires the subdivider to make certain improvements within a subdivision and bear the cost thereof.
SECTION 3. - APPLICATION - CONTENTS:
The applicant to extend a water main or to construct a water line of excess capacity shall fi 1 e an appl ication with the Manager of the District, setting forth, among other things, a statement describing
that which the applicant wishes to construct or have constructed, a map showing accurately the proposed route of such utility, the estimatt cost of construction of such utility, complete specifications as to the type of pipe and other appurtenances which the applicant desires to construct or have constructed , and appl i cant shall provide any and all additional information requested by the Manager of the District. In no event shall any utility be constructed unless the standard plans and specifications of the District are observed and compl i ed with.
SECTION 4. - DETERMINATION OF ADEQUACY OF SIZE AND NECESSITY BY MANAGER; CONTRACT BETWEEN APPLICANT AND DISTRICT; REIMBURSEMENT OF APPLICANT FOR ADDITIONAL COST:
The Manager for the District shall determine if the size of such proposed water line is adequate to serve the intended use of applicant; further, the Manager of the District shall determine if there is other property within the Gistrict not being served with water which could be served by the proposed water line, and if it appears to the Manager that it is necessary that the proposed water line and appurtenant facilities should be constructed to a greater capacity than the immediate needs of the applicant so that other property in the District may be supplied with water through such line, then the Manager shall recommend to the Board that an agreement be entered into between applicant and the District providing for the construction of such water line with excess capacity and establishing a reimbursement procedure and schedule for the additional costs incurred by building such water line with such excess capacity.
SECTION 5. - DETERMINATION OF MATERIALS TO BE USED AND OF ADDITIONAL
COST OF LINES:
The size and quality of the materials of the water main, hydrants and other facilities in connection therewith shall be determined by the Manager, who shall ?ive due regard to the potential water service development in the tern tory that can reasonably be served by the extended water line or the water main. The Manager shall determine the amount of money necessary to cover the cost of construction of such water line and shall determine the excess cost as hereinbelow provided, if any, over and above the cost of a standard size water line facility sufficient to serve applicant's immediate need and use.
SECTION 6. - METHOD OF DETERMINING EXCESS COST:
In determining excess cost, the Manager shall calculate the numbe of living units, as such are hereinafter defined, that such proposed water line is capable of serving; he shall than deduct the number of
living units that a standard size line would serve and the remainder shall constitute the excess capacity. The actual cost of construction, including necessary easement acquisitions, engineering and directly re1 ated incidental costs, shall then be divided by the number of living units such line is capable of serving, as determined by the Manager for the purpose of determining the pro-rata cost of the
excess capaci ty .
SECTION 7. - EXTENSION FOR AGRICULTURAL PURPOSES - DETERMINING EXCESS COST:
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In determining the excess cost for a water line being constructed principally for the purpose of providing water for agricultural pur- poses, the Manager shall calculate the number of acres that such propo: water line is capable of serving and he shall deduct from that amount the number of acres that a standard size line would serve and the remainder shall constitute the excess capacity. The actual cost of construction, including necessary easement acquisitions, engineering and directly relating incidental costs, shall then be divided by the number of acres such 1 i ne is capable of serving, as determined by the
Manager for the purpose of determining the pro-rata cost of the excess
capaci ty .
SECTION 8. - PREPARATION OF MAP OF AREA TO BE SERVED; PRESENTATION
OF MAP TO BOARD:
When all of the foregoing requirements have been met and pro- cedures followed, the Manager shall cause to be prepared a map clearly illustrating thereon the property proposed to be served by applicant and the other property within the District which could utilize the excess capacity contained in the water line. This map, together with the recommendation of the Manager, shall be presented to the Board for its consideration and should it determine that the District should enter into a reimbursement contract, then the applicant and the Manager shall proceed as hereinafter provided.
SECTION 9. - EASEMENTS TO BE PROVIDED; TITLE INSURANCE POLICY;
CONSTRUCTION COSTS TO BE DEPOSITED:
If a contract is entered into between applicant and the District, applicant shall provide easements in the event the water line or facilities lie outside public property, and shall provide a Title Insurance Policy showing that grantor has the valid title to grant such an easement. Such easement shall be subject to the approval of the District's attorney for legal adequacy and shall be subject to the approval of the District's engineer and Manager in all other respects. If applicant desires that such water main be extended or such water line and facilities be constructed by the District and the Manager recommends that the District construct such facilities, which recommendation is approved by the Board, then, in that event, appli- cant shall deposit with the District such sum of money as the Manager shall determine to be necessary in order to construct the improve- ments specified in the contract.
SECTION 10. - PREPARATION OF MAP SHOWING AREA WHICH CAN BE SERVED; COMPUTATION OF EXCESS CAPACITY ON BASIS OF LIVING
UNITS OR AGRICULTURAL ACRES:
The Manager shall cause a map to be prepared showing thereon the property other than that of the applicant, that can be served by such water line and shall show thereon the excess capacity of such water line which can serve property belonging to other than the appl icant. Such excess capacity shall be computed on the basis of 1 iving units or agricultural acres. A 1 iving unit, for the purpose of reimbursement contracts relating to water, is defined to be a living quarter, whether located in a single house or in an apartment house or other permanent place of abode, where one single family or individual resides, or each living room in a hotel,
motel or in a rooming-house, or each trailer space in a trailer camp or trailer park. An agricultural acre, for the purpose herein, is defined as that area which is arable and reasonably capable of sustaining agricultural productivity.
SECTION 11. - DETERMINATION OF EXCESS CAPACITY; AMOUNT OF RECOVERY ON CONSTRUCTION COST:
The Manager shall consider not only the excess size of the line to be constructed, but also any other lines through which the water
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service must flow as well as the existing size of appurtenant facilities and shall make the determination as to the number of excess "living units" or "agricultural acres'' capacities remaining.
His determination shall be final and not subject to appeal. The determined excess capacity shall be multiplied by the pro-rata cost
and the result shall be the amount the applicant is entitled to recover subject to the following conditions.
SECTION 12. - FORM OF REIMBURSEMENT:
The District shall reimburse the applicant from either one of the following two sources, and the District's responsibility shall be no greater than as set forth in this Ordinance.
SECTION 13. - DISTRICT TO CHARGE INDIVIDUAL CONNECTORS AND MAKE REIMBURSEMENT FROM CHARGES - GENERALLY:
The District shall charge, on a living unit basis , each connector to such water line a pro-rata amount equal to the cost of the line divided by the number of living units its capacity has been deter- mined to be by the Manager, as hereinabove provided, and to mail to the applicant, within thirty days of receipt thereof, such funds. Any right to reimbursement hereunder, or pursuant to contract, shall expire ten years after the line or facility has been accepted by the District: provided, however, payment shall only be made to the applicant, or designee, at such address as shall have been filed
with the District, by the applicant for such purpose. No. interest shall accrue to applicant pursuant to this Section, or under any contract entered into pursuant thereto. In no event shall the District be liable or in any way responsible for failure to collect such connecting fees, or for failure to pay any money to applicant.
SECTION 14. - REVENUE FROM WATER SALES - APPLICATION TO REIMBURSEMENT:
The District shall enter into an agreement with applicant to pay to such applicant as reimbursement, as determined above, fifty per- cent of the actual water consumption charges received by the District from the sale and delivery of water through the facilities constructed by applicant and determined to have excess capacity; provided, however that the sum to be refunded in any one year shall not exceed twenty
percent of the total actual cost of installation and construction of the pipe line or facility; that such basic payments shall continue for a period of ten years, or until the actual cost of the constructic
and installation which has been determined to be excess capacity, has been paid, whichever event occurs first.
SECTION 15. - IMPROVEMENTS CONSTRUCTED UNDER THE IMPROVEMENTS ACT
OF 1911 - DISTRICT'S PARTICIPATION:
If any of the improvements, which would otherwise qualify as above set forth, are constructed through a 1911 Act of Improvement
District as defined in the Improvement Act of 1911, Division 7 of the Streets and Highways Code, the District wi 11 agree to pay to the owner olr owners of the property assessed within the District , said paymen,ts running with the land at all times mentioned herein, the sums it; would otherwise pay to an individual applicant under the terms of thtis Ordinance.
SECTION 16. - TIME LIMIT FOR RECOVERY:
Any funds mailed to applicant or designee which are returned, or where tkle check, voucher or other payment remains uncashed for one year after such mailing, shall revert to the general fund and shall not be recoverable by appl i cant.
SECTION 17. - CASH PAYMENT IN LIEU OF REFUND AGREEMENT:
District reserves the-right, at its option, to pay the Applicant
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The cost of the excess capacity and retain for itself the water
revenue and connection charges above referred to as reimbursement of such payment.
SECTION 18. - RULES AND REGULATIONS:
a The Board may, from time to time, and is hereby empowered and directed to establish such additional rules and regulations as will, from time to time, implement the provisions of this Ordinance.
PASSED, ADOPTED AND APPROVED by the Board of Directors of the Carlsbad Municipal Water District, at a regular meeting held on the 15 day of May , 1968.
By the following votes:
AYES : MAERKLE , CARMICHAEL , PALMER, KELLY , Mk LEOD ..
NOES: NONE
ABSENT: NONE
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W. D. CARMICHAEL, Secretary I
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LAW OFFICES OF I PAUL 5. SWIRSKY
WILLIAM N. SAUER. JR.
A PROFESSIONAL CORPORATION
SWIR-SKY B SAUER
AN ASSOCIATION INCLUDING
A PROFESSIONAL CORPORATION
2745 JEFFERSON STREET
CARLSBAD, CALLFORNIA 92008
TELEPHONE 1714) 729- 1197
May 6, 1981
MAILING A00
POST OFFICE 8
MEMORANDUM TO THE BOARD OF DIRECTORS
OF
COSTA REAL MUNICIPAL WATER DISTRICT
During the discussion involving the proposed Reimbursement Agree- ment - Palornar Business Park - Public Water System Facilities of I provement District No. 2 - West of El Camino Real, the issue was
raised of the philosophy of the recommended formula for reimburse-
ment and the applicability of Ordinance No. 26, adopted by the Boa of Directors on May 15, 1968.
I have now had an opportunity to review in detail the provisions c Ordinance No. 26 in reference to a developer constructing faciliti of an excess capacity eligible for reimbursement, and am of the
opinion that the specific item in this situation, namely, construc
tion of a pressure-reducing station in excess of the sole need of
the developer for his project and any reimbursement for tne exces: capacity is not covered by the existing provisions of Ordinance Nc
26.
In an analysis of the ordinance, the following points are called I
your attention:
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1. Title of Article VI - EXTENSION OF WATER MAIN and OTHER DISTRICT FACILITIES.
2. Section 1 - Excess capacity for the purpose of this Ordinance is defined to mean only that
excess capacity resulting from construc-
tion of pipelines or facilities larger than those required by the applicant for
extension under existing District stand-
ards now or hereafter adopted. t
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Board of Directors Costa Real Municipal 1 May 6, 1981
Page -2-
3. Section 2
4. Section 3
5. Section 4
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6. Section 5
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Water District
- Any person may apply . . . for the in-
stallation of water mains and fire
hydrants and other appurtenant facili-
ties to be constructed . . .
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- The applicant to extend a water main or
to construct a water line of excess caDacitv shall file an application with 4. .' the Manager . . . "
- The Manager for the District shall de-
termine if the size of such proposed
water line is adequate to serve the in- tended use of applicant; further, the
Nanager of the District shall determine
if there is other property within the
District not beina served with water "_ "~- ~ ~~~ ~
which could be se;ved by the proposed water line and if it appears to the Manmager that if necessary the proposed
water line and appurtenant facilities
should be constructed to a greater capa-
city than the immediate needs of the ap-
plicant so that the other property in
the District may be supplied with water through such line, then the Manager
shall recommend to the Board that an
agreement be entered into between appli-
cant and the District providing for the
construction of such water line with ex- cess capacity and establishing a reim-
bursenent procedure and schedule for the
additional costs incurred by building
such water line with such excess capa-
city.
- The size and quality of the materials of
the water main, hydrants and other faci-
lities . . . shall be determined by the
Manager, who shall give due regard to potential water service . . . that can be reasonably served by the extended
water line or the water main. The Mana-
I I -
t ., . .
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Board of Directors Costa Real Municipal Water District - May 6, 1981 'I Page -3-
ger shall . . . determine the excess
cost . . . over and above the cost of a
standard size water line facility . . .
7. Section 6 - In determine excess cost, the Manager
shall calculate the number of living
units . . that such Proposed water
line is capable of serving . . . and
the remainder shall constitute excess
&A
capacity . .
8. Section 7 - In determining the excess cost of a water line being constructed for the
purpose of providing water for agricul-
tural purposes, the Nanager shall cal-
culate the number of acres that such
proposed water line is capable of serv- lng o . . t: 9. Section 8 - When all . . . the Nanager shall cause to be prepared a map . . . which could utlize the excess capacity contained
in the water line.
10. Section 9 - . . . if applicant desires that such
water main be extended or such water
line and facilities be constructed by
District and recommends that the Dis-
trict construct such facilities . . .
11. Section 10 - The Manager shall cause a map . . .
that can be served by such water line
and shall show thereon the excess ca-
pacity of such water line . . .
12. Section 11 - The Manager shall consider not only the excess size of the line to be construc-
ted . . .
13. Section 13 - The District shall charge . . . the cost of the line. Any right . . .
after the line or facility . . .
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.d, . .I ,-
Board of Directors
Costa Real Municipal Water District
1 May 6, 1981
Page -4-
14. Section 14 - The District . . . through the facili- ties . . . provided . . . cost of in-
stallation and construction of the
pipeline or facility,
In analyzing the language of the ordinance and the utilization of
the words "pipelines", "facilities" and determination of "excess
capacity", the undersigned is of the opinion that:
1. The ordinance only establishes procedures for exten-
sion of pipelines and excess capacity of pipelines.
2. The word "facilities" is utilized as facilities ap-
purtenant to the construction of a pipeline or
sometimes as a synonym for pipeline.
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3. The ordinance addresses only to excess capacity for residential living units or agricultural acres.
4. The ordinance is silent is to the procedure for re-
inbursement to be made by the District for any ex-
cess "capacity" in a facility such as a pressure
reducing station.
In view of this opinion, it is recommended that the District do one
of the following:
1. Revise Ordinance No. 26 to attempt to provide for all possible reimbursement procedures based on
the present utilization of the District water sy-
stem.
2. Adopt a resolution to provide under the existing
ordinance that such projects as the one under
consideration be considered by the Board of Di-
rectors on an individual basis. This is provided
for under Section 18 of the ordinance, which pro-
vides:
1.
"The Board may, from time to time, and is hereby
empowered and directed to establish such addi-
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Board of Directors Costa Real Municipal Water District t - May 6, 1981
Page -5-
tional rules and regulations as will, from time
to time, implement the provisions of this Ordi- nance. Ir
PAUL S. SWIRSKY
Legal Counsel
PSS : bcs
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