HomeMy WebLinkAbout1957-05-15; Municipal Water District; 08; Rates, charges, payments, penalities & service connectionsu
ORDIMkwced NO. 8
AN ORDIMmCE OF Tis3 CA-~LSBAD I2NNICIPAL WA.TdR DISTBICT ESTABLISH.ING AND FIXIEG
WES &Xi3 CHQBGSS FOX ALL WATPB SOW), DISTBXBTJUD AN2 DJLIVSBD BY 'PEE3 CARLSBA
LNHCIpBL %ATPR DISBICT; 3SPABLISRIEJG TW TIXE, M3THOD, IYUIIN~S, PAYXdI! AND T
Pj3NALTIES X)R NONPAYkENT TBaOF; PUSCRIBIEJG TB TiEEffS AND COI~DI'PIOWS UPOX i%'H
THS DISPBICT WILL INSTALL AMi) KUXl?AIN TEZPORARY SRVIC3 COlTI53CTIONS APhD BXU
SRVIC3 COTQ$l3CTIONS TO ES FACILITBS; AID PROVIDING RUUS AND RSGULATIONS GOV
IBG SSRVICfi COKR3CTIONS, TU SAU, IXLIVBY, TWSPOIiTATION AID US8 OF VATdR Y IN CBBL$B,ID &XJJ$ICIPAL WAT2:R DISTBIC!P, AND TU US OP SAID DISTilICP'S PACILITIE
WEBIUAS, THii CARLSBAD &l.ICIPAL WA!%Gi DISBICT, hersinaft@ rsferrgd
as "the District", is organized undsr ths Nmicipal Water District Act of 1911
wnded; and
tVHX@AS, Section 22 of the Xunicipal Water District Act of 1911, as
awnded, provides that the Board of Directors of a municipal water district, s far as practicable, shall f'ix such rate or rates for water in the district, an( each improvemPnt district therein, as will rssult in revenws which will pay t:
operating expensm of the district, and the improvemat district, provide for
pairs ani depreciation of works, provide a reasonable surplus for improvsmnts tansions, an3 enlargewnts, pay tht? interest on any bonded debt, and provids a
ing or other flmd for the pymqnt of the principal of such debt as it may bgco
due; and that ratos for water in each improvement district may vary from the r
of the district and from othar improvemogtt districts therein; and
FVHIiBAS, Sect ion 13 (8) of th9 Munici~l Water District Act of 1911, smexlded, provides that the Board of Directors of a municipal water district At
have pow@ to fix the rates at w3ich water shall be sold, and to establish dif:
rates for different classes or conditions of service; provided that ratgs shal: uniform for lib class~s or conditions of service throughout the district; and I W'W@BS, Section 23 of ths Ikhicipetl Watq District Act of 1911, as
amgndsd, provides that if the revenuqs of tb district, or of any improveinant c
trict therein, &re or in the judmnt of Iihp board of directors will probably .
inadsqute for any cause to my t& principal of or interest on any bonded dab
the district, or any improvement district thernof, as it becorns due and also .
amognt s sat forth in Sect ion 22 of the said act, the Board of Dirnctor s must cl
a tax to be lsvid, as provided in said act, stlfficiant to provide for such de:
and to py the amout of such principl and intgrnst as will bacomo dun before procwds of a tax lnviad at the next general tax 1qvy will be available; and
I
B!BX3EAS, the, qualified voters- of IXZXOV7iIXdXT DIS3'XIccP NO. 1 OF CAIiLSI
JliupICIPAL VATJ~B DISTRICT, hersinafter rafgrred to as "the Improvemsnt District'
authorimd tb District to incur indebtedness by the issuacs of bonds of the I
trict for the Improvement District in the principl amount of $1,350,000; and 1
District has sold and issued bonds in the principal amount of $1,250,000 theroc
said proceeds tkreof being used for thq construction of a main trasrnission li
and othdr facilities for the distribution of water into and within the Improven
District ; and
WBAS, the Board of Dirsctors has made a study of water rates char+
water distribution agencies in San Dingo County and the District for distributl
and sale of water for domestic, municipal, idustrial, and irrigation purposesI
considers that the water rates to users within ths District should be comparab:
rates charged elsaw&ro and coAmensurats with tho conditions of service and co: facilities, and considers that different rates are justifkd and should be chal
for the wholesale sale of water ad for the rntsil sale of water; and
VWEIUAS, the Board of Dirnctors has ascertained and dons determine tk it will not be practicable to my all expnsqs of operat i~~g thc! facilities of t Impmvewnt District and servie its boded debt from water rsvenues alone, and it will be n,-cessary to levy taxes upon all tho taxable property within the Imx
mgnt District to blp pay the co st of opwation and maintenance of tk faciliti of tho Improvemsnt District and to sorvice its bonded debt; and
m%AS, various water distribution agencies located within the Imprc
mnt District h&vs existing facilities to transmit and transport water from tht:
facilities of the Improvewnt District to 3ropnrtiFs within their respective 1
areas, and others are undertaking tb formation of distribution agencies to sc areas not now being snrved with water; and
WIGAS, the Board of Dirsctondmsms it expedient, propF?r and mces: that the Board qstablish rates, charges ad conditions for thq sdq and distr:
of water and the use of the facilities of the Improonm+nt District. I NOV THD~FORE, 3~ IT OZDAIUD BY TIU BO^ OF mBmoBs OF TEI?; CBL::
hiUXIC1PA.T WATER DISTRICT AS FOLLOVJS:
Section 1. That, sxcspt as othrwise provided herein, water will be
livered to wholesale consumr agenciss only, within the District.
Section 2. That the wholesale consumer agnncins, within the manirq
this Ordinance, shall includs the following: mutual watnr cornpanins, public 8
municipal corporations, and holders of certificates of convenience issued by t
Public Utilities Commission of thg Sate of California, and impmvsm& distric the purposs of installing distribution systems.
Section 3. That wholqsaln connections will '00 granted to existing E
falling within one of thq catagoriss providod in Section 2, or to newly organj
agencies established and pramred to serve water to all potential users withir
mry distribution area as establishad in the Easter water distribution plan fc
Impmvewrrt District, including installation of adequate facilities for servir. areas.
section 4. (SrilRVICZ TO OTIIZR THAN iiFiOIdSALE AGi$IWES) That, in vie
the limited quantity of wqter which w ill be available for the mxt two or thre
years, the desirability of having major service areas served by ore wholesale the difficulty in controlling tha flow of water to numnrous .users and ensuring availability of water to umrs having no st=&@! for off-peak use , and ths inh inefficiency in combining v&olnsaln ard retail sprvicqs, the Board of Director the District will not approve permacat retail connections for individual usgr
cept where Unusuebl coraditions sxist and whqrn snforcawnt of this rnovision wo
be injurious to the District or work severe brdship on the retail applicant, I
Temporary r&ail cormections may be authorhed to -et specific situ
where approved by the Board of Directors ad subject to such spscial condit ior
may be prescribed by said Board; such tmporaq rqtail connect ions shall not k
mittsd where the aslicant can receive service from a~ established wholesale 8 at reasonable cost.
Section 5, (RAT9S) That from and aft-.r thcj effnctive date of this 1
ance or the opening of the new transmissidn line of the Irnprovemmt District , ' the Aqueduct, whichever occurs later, tb following rates will be chrged for water sold and deliver4 within the boundaries of the Itnprovemnt District or its facilities:
ViHO~SAIiJ UTI3 PSI3 ACS FOOT
ATdRAG3 COST 03 THE WATSR FOR THii PBCSDING MO&TH PLUS $14.00
As a matter of information only it is anticiatad that tb $14.00 wi
used SO that $5.00 will bs allocated for the operation of ths system and $9.00
thq bond service. The breakdown of the wholesale rat?, as reflected by curran is as follows: I Xetropolitan &tor District
San Diego County Wata Authority
District Opnration
Bond Service
San Akrcos County TJater District
TOTAL VJHOL8SAIS CHABG&
4n2.00
2.00
5.00
9 .oo
2.00 $ 30.00
Other chargss that may occur from t ime to t ims in computing tha cost thn water will be any s&cia,l charges lovied by the hletropolitan vlater DiStric?
the San Diego County Water Authority an3 storagn charges for water from San Vi
Reservoir credited to tk District. In the evsnt that storage water is used, I
charges may be as high as $6.90 or as low as $2.90 par acre foot.
Ti@dPO;sEJIY -ElT$IL CO&XSCTION RATB
1
Stand-by charge (up to 1" wter) (individual) $3.00 per month Stand-by charge (above 1" -tor) (individual) 5.00 per month
1st 1,000 cubic feet or fraction therqof .25 Er 100 cubic :
2nd 1,000 cubic feet . 15 per 100 cubic f
Next 8,000 cubic feet . 11 per 100 cubic f
Above 10,000 cubic feet .09 per 100 cubic d
Tb monthly stand-by charges for multipls units which shall prevail multiple unit rental propartias, trailer courts, motels or any similar arrangc of units shall be as follows:
If there are 10 living units or lsss, the monthly stand-by charge SI
bg equal to the monthly stand-by charge for an individual temporary tail conn&t ion multiplied by 50% of tb living units,
If t&r+ are! more than 10 living units, the monthly stand-by charge
be equal to the monthly st and-by charge for an individual temporary
tail connection multiplied by 40% of the living units, but in no cas
shall said monthly stand-by charge be less than 5 t ime s the monthly
by charge for an individual temporary retail connection,
The charge for temporary retail service connections shall consist of
posit of tb estimted cost; as detarraind by ths District's rlngineer, plus 1C
which shall be subjsct to refund in tho event that the actual cost is less tha total deposit. Upon tnrminat ion of tsmporary ratail service, temporary wters
be rqmovd by tha District, at thq reqwst of tha customer. Any cost incurred
the District in the removal of xch mtws, shall bs paid for by thq custowr.
temporary service is changed to a p manmt status, the service wt5r shall be
the property of the District a.nd will be operated and maintain4 by the Distrj
I Sect ion 6. (@PLICATIONS YOR EZIIlVICG COhT~CTIONS)
a, GiWBUL: The size, design and location of aJ.1 service connectio
and the charge to be made therefor, shall be such as are from time to ti.% est
by the Board of Directors of thq District. Before any servicq connection is i
stalled to serve any consuwr, an application shall bn fild with tb District
&her with any required dsposits. If the desired service connsction is not 1 on proporty owned by tb applicant, the application must be supported by sat is
ory proof that applicant has secured tb wcPssary rights entitling the Distri
its dqsignated agent, to operate, install, maintain, rnmovp, enlarge, rsplaca
repair said service connect ion.
I
b, NHOBSALJ3 S23VICS COEXXTIOMS: All. applications for wholesale 8
connections shall contain t& followaring:
1. Xme, telophom number and mailing address of applicant.
2. A map showing the boundarhs of the applicant's service arel
authorized by the proper agsncy, and ths location and size
th applicant's distribution system.
3, A statnwnt by thq applicant showing acreage of the service
rand the numbnr of bona fidn cudomtg So
4. A staterent that all water rocqivad from the District after
1958 will be sold through meters only.
5. The size and. location of the mter desired, with deposit.
6. A statampnt that the applicant will abide by the ordinances
solutions, rules and rngulat ions as are, from tims to time, scribed by the District, insofar as they psrtain or apply tc the applicant; alld will abide by the rules, regulations aJnd
d-css of thn San Dingo County Water Authority and the Tile.
politan 'dlater District of Southrn California.
7, A statement that the applicant will not deliver water rscsi
I
from the District outiide ths service arqa of the applicant
as stated in the application, and will not permit District
water to be usqd outsids thg approved service area of the
applicant ,
8. A statmat that tns applicant will abidn by any ordinances
the District restricting the use of district water and pro-
hibiting the waste of district water passed in accordance w the provisions of the Municipal Water District Act of 1911,
amend4 ,
9. Satisfactory proof tbat the applicant is a wholesale consum
agency as def in4 in Sqction 2 of this ordinance.
C. TEMPORQRY %TAIL CO!~%dCTIOXS: All applications for temporary re
connections shall contain the following:
1. Nwe, telaphow numbnr and mailing address of applicant,
2. A map showing boundaries of the applicant's property to be
by the tsmporary retail service,
3. The size and locat ion of the m&sr dssirsd, with deposit.
4. LI statewnt that the applicant will abide by the ordinances
solutions, rules aad regulations as are, from time to time,
scribed by tho District, insofar as they pertain or apply t applicant; ad will abida by the rules, regulations and ord ances of the San Dingo County Water Authority and the bfetra
tan Yatsr 3istrict of SouthPrn California.
I 5* h statemant that th+! applicant will abide by any ord-ces ths District rsstricting the use of district watqr and prob
ing the waste of district water passed in accordance with t
visions of the &Iunicipal Water District Act of 1911, as amg
6, A statewnt that the applicant will not use any of water rn from the District outside the applicant's property, as shon the application,
7. Proof that tho applicant cannot obtain service frora an esta
whole sa1 a agoncjr at reasonable cost ,
8. A recordable agraernsnt tht the District may-discontinue sa when w suitable wholnsals agency is airailable to s+rve the
Sect ion 7. (BILLING fi~ PAYZIT f
That all meters &all bb rsad at such tiws as, from tims to time, II
prescribed by the District, and all charges for wator dqlivsred or sold prior tiw of said rsa4hg shall be dug and Byable at the office of tb District, c
such otbr place as my be spscified by duly adopted rules and rogulations, fi
(15) bys after billing. If not mid within tho prescribed period, such char6
eone delinquent and a @nalty of ten pgr cent (lo$) &all bn addnd tkrato, an
not paid within thirty (30) days aftsr billing, service may be disconnected.
I The date of billing shall be the! dats szmej is deposited in ths UnitF
mail, postags prepaid. Beco-maction shall be subject to actual cost of such I
tion with a minimum charge of $10.00,
Section 8. (Urn 09 mw)
That th3 District shall havq tho right, and resnrvos the right, to I late and prescribe the Imxi?lua and minimum quantities of watsr that shall be d
charged or dslivered t'nrsngh any service connect ion and to dqtsrmine from t irnc
tims the amo*nt of water which is available for delivery during any month, and
retain watqr in storage to mnet future nmeds of thn Improvo,mnt District. All
water orderpd by any wholesaler shall be takqn at a miform rate of flow unle:
I
wise provided by contract or agreement. Any chaw9 in tb esta3lished flow dc!
by a wholesalqr will rsquir9 twnnty-four (24) hours not ics to the District Off
during business hours. Any 1039 of water by reason of failure to giv? suffici
not ice shall 52 chargeabl e to tb agency invo lvsd.
Section 9, (CONTROL OF S3HVIC& COTJUG.. IONS)
All service connections to facilitiqs of ths District shall be under
axclusiv+ managsmnnt and control of the! District, or through its designated ag
and no consumer, &olssale or ternporary retail, shall have the right to oparat
connect ion, meter, recording device or valve usd in conjanction therswith. A
violation of this section shall entitlq ths District to discontinu? thn dslivs
watpr to the party violating this section,
Thtt District shall bq responsible for maintenance and repair of serv connections ani mnters connscted dirsctlg to its lin?s. Th District shall ha
right of access at all rHsonable ths to customrqs premises for any purpos~ rnally connected with the furnishing of watsr service.
lPach housg or building under sqparate av,%rship must be provided wit
own service connqction or connect ions. Two or more housss or Suildings under
ownership and on the samc~ lot or parcsl of land !my SF supplied through one se
cowction, only if the Board of Dirnctors of the District agrees to such a co
tion. The District resnrvEts ths right to lixit the number of houses or 'nuildi
or the area of land under on? ownership, to be supplied by om service connqct
Waste of water, if not discontinued iunmsdiately upon notification, s be sufficient caue for discontinuancq of service.
No retail custonar may resell any District water.
I Sgct ion 10, (Al??ORTIOK8%T 3-iT3ING TITJ3S OF S3IOZBGE)
That during tirnss of shortagc, or thrqatangd shortags, of supply, th
trict will apportion availablq water anong its consumctrs in accordme? with th
visions of the Municipal Tatq District Act of 1911, as am-nded, assigning pri
to domsstic and otbr uses as my be found nscnssary by the Board of Directors
the District aftar duo process.
Sect ion 11, (Ii!IXR TdSTS)
That if a customer qusstions the accuracy of a wtqr ani mkes the r dqposit, a test will be mads. 'Pha dqosit shall be $15.00 for any meter up to
and $30.00 for any meter above 2". If the tqst shows that the wtqr is accura
within 5%, the ds2osit vi11 be retained by ths District. If more than 5% in e
the deposit will be return&€. If th mgthr is more than 5% fast or 10% slow,
customer's bill Will be adjusted accordin&,
Sect ion 12. (BOOS~R PUKFS)
That booster pumps installsd by the customer aust be approved by the
trict and sat on the discharge side of thq wtar in a manner approved by the f
they must bn operated so as to cause no strain or vibration on the District's
Any equiprnrnt necessary to ensure this rqsult must be wid far by the customsr
Section 13. (FIB! SXVICA)
That fire service connsctions may be installed at ths expass of the
mer providsd that no water from such connoctions shall be used for purposqs of than to extinguish fires. Individual agres;*nt s will be 'mule with customsrs i such connoct ions.
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Sqction 14. (QUALITY OF WAWR)
That all water will bs chlorinated, untrmated or raw water. Consame
Bust assume all responsibility for as? of District watq for domestic purposs:
Section 15. ( SPPTCIFICATIONS)
That it is the policy of ths District that all lims constructed by
parties in anticipation that ownership, operation and maintenance w411 ultimat
be transfqrrttd to ths District s'nsll be steql lines, cement lined and coated,
proved type of eq-aal or better quality as determintrtlj, by the District dngineer.
Sect ion 16. (FDMJCIXG OF LIN7i9 3X!l?AXJSIONS)
'Plat when an impmvcrnont district is organiz&i under the Hunicipal E
District Act of 1911, as awndsd, to provids water service to any area of thq man% District, financing of ths required primary distribution linss shall be e
by bond issuss which s'ha11 result in a charge against all ths taxabl? property
the area so organiwd. Operation of such improveillont districts shall be by th
trict. Detailed operations may bo assign93 to a dqsignated agent undgr policl
established by tha District. A Bead of five (5) property omers of any new i. ment district as sslactad by ths prop!rty ownars of said wa irnprovammt distr
shall be recogaized as an advisory council to advise the Board of Directors of
District in thg managenest of the affairs of the said n(7.w improvemnt district
I
Sect ion 17. ( WJIdS MD MGULATIONS)
That the Board of Directors of thn District is braby instructed, em
and dirgcted to establish such additional rules and rsgulations as will, from
time, implnmmt the provisions of this Ordinance.
OW=, ADOP23:D iiM1) APPBV&D by the Board of Directors of ths Carls Municipal Water District on the 15th dw of I-, 1957, at m ,adjourned rsgular
ing held at 7:30 P.H. at 2960 Pi0 Pic0 Drivq, Carlsbad, San Diego County, Cali
by the following roll call vote, to wit:
AYS: DIEiUTL!OES: EIULD, ROWS, mLLY, UHD3R
BO3 s DIEUCTORS: NOKS
IIB&%T : I) IE3CTORS : FRY
I I ,
UTES? :
CULSBAD "NICIPAfi '#ATZIR DIST I
/ L!!+(. (g, PA.&
Secretary of thn Board of Directors
C~LSBAD ~~ICIPAL warn DISFRICT
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