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O 199 , '"", " . "i !WI . ORDINANCE NO. 199 ORDINANCE OF THE CITY OF ARROYO GRANDE FIXING THE RATES TO BE CHARGED AND COLLEcTED FOR WATER SERVICE SUPPLIED BY THE CITY AND PRESCRIBING CERTAIN RULES AND REGU4ATIONS COVERING CONSUMERS OF WATER SUPPLIED BY SAID CITY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALIN~ALL ORDINANCES IN CONFLICT HEREWITH ,The City Council of the City of Arroyo Grande ordains as follows: SECTION l. Wherever water is supplied and meters are used or in~talled as herein provided, a basic monthly charge shall be made to each u~er. This charge shall cover the cost of water used for each month up to 800 cu. ft. (a) MINIMUM MONTHLY CHARGES Max. Cu. Ft. of Size of Meter Water SUDDlied Inside City Outside City 5/8 to 3/4 inch meters 800 $ 2.40 $ 4.80 1 inch meters 1200 3.60 6.60 l~ to l~ inch meters 1600 4.80 7.60 2 inch me ters 3000 9.00 12.50 3 inch meters 6000 18.00 23.00 4 inch meters 9000 27.00 33.50 In addition to the above charges, each user will be charged for water used above the basic minimum rates in accordance with the following schedule. All rates are on the basis of 100 cubic feet or fraction thereof. From 800 cu. ft. to 3000 ft., rate per 100 $ .30 $ .35 From 3000 cu. ft. to 6000 ft., rate per 100 .28 .33 From 6000 cu. ft. to 8000 ft., rate per 100 .26 .31 From 8000 cu. ft. to 10,000 ft., rate per 100 .25 .30 From 10,000 cu. ft. to 15,000 ft., rate per 100 .24 .29 " From 15,000 cu. ft. to 20,000 ft., rate per 100 .22 .27 Allover 20,000 cu. ft., rate per 100 .20 .25 (b) Where 2 or more separate buildings on the same parcel of land are used for single family dwelling and/or business, owned in a common ownership and are being furnished water through one service connection, there shall be charged and collected from the owner or person in responsible charge thereof, in ad4ition to the established "minimum monthly meter rate" specified in subsection (a) of this Ordinance for water furnished to the first single family dwelling and/or business an additional meter minimum monthly charge for each additional single family dwelling and/or business furnished water through the same service as follows: $ 2.40 $ 4.80 (c) Whenever a single meter serves multiple dwelling units as in the case of duplexes, triplexes and apartments, the 800 cu. ft. minimum set forth in subsection (a) above shall apply to the first such dwel~ing unit, and the minimum charge on each such additional dwelling vnit, which will entitle the consumer an allowance of 400 cu. ft. of water fux each additional minimum charge each month as fo llows: ..Ll...2D.. $ 2."9 ~_._-- - - - . (d) In the case of motels, hotels, auto trailer camps, auto courts and/or housekeeping units wherein individual units, cabins and spaces are served by a single service connection~ there shall be charged to the owner or person having the manaEement and control of the same, in addition to the prescribed monthly meter minimum charge specified in subsection (a) of this Ordinance for each cabin, unit or space in excess of one, an additional monthly minimum meter charge which will entitle the consumer to an add.iti,ona.l a.ll.owanca . of 200 cubic feet of water for each cabin or unit or space per month as follows: $ .60 li..:.lQ (e) In'the case of offices, stores, shops, rooms, or other business establishments being fur- nished water through one service, there shall be charged and collected from the owner or person in responsible charge thereof in addition to the established "minimum monthly meter rate" specified in ,subsection (a) of this Ordinance for each office, store, shop, room or other business establishment in excess of one an additional monthly minimum meter charge as follows: $ 2.40 ~ (f) When a water bill is rendered for any period of time less than the regular period for water furnished, the regular mini~m charge shall be prorated, provided, however, that a mini~m of one-fourth (1/4) of such period shall be charged. (g) The above water rates as set, forth in" Section I, subseFtions (a), (b), (c) , " (d), (e), and (f) will become effective on November 20, 1964. SECTION 11. Adoction of Rules and Chan2eof Rates: The City Council may, from time to time, by Ordinance, adopt rules and regulations for the opera- tion and maintenance of the Water Department and for furnis~ing water to users, and ~ay likewise by Ordinance modify the rates, charges and penalties herein established and imposed. SECTION UI. Meter Readiruzs: All water furnished within the City Limits shall be delivered through meters. All meters shall be read on a bi-monthly basis. The Chief Clerk of the Water Department shall caUSe to be prepared water bills from these readings and deposit such bills in the mail on or about the first of the following month. SECTION IV. Acclication for Service: No person shall be entitled to have a water connection until the owner of the premises to be served shall make application for such connection on a form provided by the~Water Department. Wherever meter service is given, the City Clerk may, at her discretion, require a reasonable deposit to guarantee payment of the water bills which said deposit shall not be retained for a period of longer than one year. SECTION V. Any duly authorized agent of the City of Arroyo Grande shall be allowed free access to make personal examination of the premises of any applicant or consumer of water for the purpose of designating ,the rate to be applied to said premises and for the inspection of water, pipes and equipment connected thereto. No persons excepting a duly authorized agent of the City of Arroyo Grande shall turn the water on or off from any building or premises, and no person shall tap, cut or move any water pipe laid in streets or alleys, unless permission to do so has been granted by the said Water Department furnishing the water. - 2- - ,~ . . In case of fire and during a stated period of water shortage, no person shall take any water from any fire hydrants or street sprinkling tanks, and all irrigating faucets, hose sprinklers and water must be i~ediately turned off upon an alarm of fire or water shortage and shall not be turned on again until the fire or water shortage is known to be ex- tinguished or terminated. SECTION VI. Fees for Service Connections and for Installations or Extensions of Existing Distribution Mains: (a) Upon approval of application for such connection, order for service may be issued subject to payment of the service connection fees to cover the expenSe of making such connections, which fees are hereby fixed as follows, excluding subdivisions: Size of Meter Inside Citv Outside Citv 3/4" x 5/8" $65.00 $78.00 I" 120.00 133.00 1\" 225.00 248.00 Any meter larger than 1\" in size shall be - 1) a compound meter only; 2) attached only to equal or larger sized service leads; and 3) shall be installed only upon payment by the applicant of the actual cost of the meter, the materials and the labor involved in the installation thereof. Seventy-five per cent (75%) of the estimated total cost shall be paid at time of application; and the balance shall be paid within 10 days after completion of such installation. (b) The above covers the cost of installing the necessary service equip- ment to within sidewalk area, including the cost of installing the water meter, meter box and lid. In addition to the above, on all new installa- tions, except subdivisions which are covered in subsection (f) of this section, shut-off valves, valve boxes and lids shall be provided by the Water Department. All such pipe, meters, boxes, and lids, shut-off valves and devices shall remain the property of the City of Arroyo Grande. Suitable backflow protection shall be provided when the depart- ment deems this necessary. (c) The connection charges above provided for shall not only be con- strued to pay for running and connecting pipe from the water main to sidewalk area of the property to be serviced, but in no event for a distance of more than four (4) feet, and any connecting pipe necessary to be laid a longer distance shall be paid for by the applicant at the rate of the actual cost of making such connections, plus 25% of such amount for supervision, and all such charges shall be deposited in advance before such connection is made. (d) Should a consumer desire to have his water service or meter moved to a new location and/or increase meter and service line size, approval of the Water Department must first be obtained and the cost of such removal shall be char..d the consumer on the basis of the amount of time and material involved plus 25% of such amount for supervision. (e) Where there is an existing service line which can accomodate a larger meter and a request is received from the property owner for an increased size, said meter can be installed for the difference in costs as shown hereinabove under "Meter Service". (f) Meter service charges for subdivisions where service has been in- stalled by developer: Inside Citv Outside Citv 5/8 x 3/4" Meter $50.00 $70.00 Any meter larger than 3/4" in size will be installed only upon payment of the actual cost of meter, the materials and labor involved in the installa- tion thereof. Seventy-five per cent (75%) of the estimated total cost shall - 3- ,- - be paid within 10 days after completion of such installation. (g) The above covers the cost of installation of water meter, meter box and lid. (h) The charges for repair of an existiqg main or any of the publicly owned facilities in connection with the water distribution system shall be the actual costs of labor, materials and equipment plus overhead and supervision based on the following schedules: Total costs of Labor, Overhead and Super- Materials and Eauioment vision Charee $ o to $ 200 25% 200 to 300 24% 300 to 400 23% ' 400 to 500 22% 500 to 600 21% 600 to 700 20% 700 to 800 19% 800 to 900 18% 900 to 1000 17% 1000 to 1100 16% 1100 and Up 15% (iJ The charge for installation of a main or extension of an existing main shall be as provided by Resolution No. 435 of, the City Council of the City of Arroyo Grande. SECTION VII. Delinauent Bills: All meters shall be read by the Water Department as provided in Section I of this Ordinance, and all bills for water or service shall be due an~ payable at the Arroyo Grande City Hall upon presentation. All water bills remaining unpaid for a period of thirty (30) days shall thereupon become delinquent and there shall be added to such delinquent bill and additional charge of ten per cent (10%) which shall thereafter be paid and collected as part of said bill. Where water bills become so delinquent, service may be shut off at any time after a five-day written notice. The Director of Public Works may, in his own discretion, cause a meter reading to be made at any time and thereupon the bill for water used since the previous re~ding shall become immediately due and payable and shall become delinquent on the 30th day following the mailing or presentation of such bill and shall be subject to the charges and penalties herein provided for such delin- quencies. The amount fixed for water turn off and turn on charges are as follows: After 4:45 P.M. at night or on weekend or holidays - $5.00; any other time - $2.50. SECTION Vll I. Failure of Meter: When a meter fails to register or registers inaccurately, the charge for the period in question shall be based upon an estimate made by the Director of Public Works of the amount of water used through such service. SECTION IX. Discontinuin2 of Service: (a) The water rates, charges and penalties herein made shall be charged against the property upon which such water or service is furnished (except the charges provided for under flat rates in Sec. I(a) hereinabove) and against the owner thereof; if for any Cause any of such sumS owing become delinquent and unpaid, or if any of the other terms of this . ordinance or of the rules and regulations established as a condition to the use of water are not complied with, the water may be shut off; and provided there has been no bona fide change in ownership, the water shall not be turned on to the same property until all of such charges, delin- quencies and penalties have been paid in full, including the additional sUm of the amount fixed in Section Vll, hereinabove and for the expense of turning water off and on. -4- _u._p_ .- (b) The City Clerk may, in her discretion, sh~t off the water for a period not exceeding three months upon the wriften request of the owner of any premised upon which such water' or servi~e is furnished, provided no delinquency exists in the payment of charges and penalties for water service. (c) If no application is made to restore such water service before the ~nd of a three-month period, the Director of Public Works may remove the meter installed for such premises and the Water Department shall charge and collect for reinstalling a meter for such premises the charges specified in Section Xl hereof. (d) After the current month subsequent to the last meter reading by the Water Department following the receipt by the Water Department of the aforesaid written request, no further monthly minimum charge shall be made against such premises until water service has been restored. SECTION X. Joint Use of Service: The Director of Public Works may permit more than one place of business within the City Limits using small quan- tities of water mainly for lavatory and drinking purposes to be served through the same meter when, in his opinion, special conditions justify such service, and in all such cases a minimum established meter rate shall be charged for each separate place of business so served of not less than the established minimum rate. . If any meter readings for such places of business show any excess over the amount of 'accumulated minimums, a prorated charge shall be made of such excess to each place of business served through such meter. SECT ION X I. Termination of Service: No allowance or rebate shall be made from the regular rates herein specified whether water has been actually used or not, unless the Water Department has been notified in writing by the owner of the premises to remove the meter installed for such premises, and thereupon, after the expiration of the current billing period subsequent to the last meter reading by the Water Department of such meter, no further minimum charge shall be made against such premises; and ,the Water Department shall charge and collect for reinstallinw a meter for such premises upon receiving written applicatibn of the owner thereof, and the sum of $5.00 for a 5/8", 3/4" or 1" meter and $10.00 for a l~" or 21t meter. SECTION XII. Maintenance of Equipment: All water meters shall be fur- nished by the Water Department and shall remain the property of the City and shall be maintained, repaired and renewed when unserviceable through fair wear and tear thereof; provided that whenever replacements, repairs or adjustments of any meter, box, lid, stock cock, gate valve, backflow device or connections are rendered necessary by any act, negligence or carelessness of the consumer or anyone in privity with him, any expense thereby caused to the Department shall be charged against such meter service and collected from the consumer plus a charge of 25% of such amount for supervision of necessary replacements, repairs or adjustments, in the same manner as provided in this Ordinance for the collection of service connection charges. SECTION XlII. Testin2 of Meters: Upon demand in writing and the deposit of $5.00 by the consumer, he may have his meter examined and tested by the Water ,Department for the purpose of ascertaining whether or not it is registering correctly. If the meter shall be found to register three per cent (3%) more water than actually passes through it, another meter shall be substituted therefor and the $5.00 deposit refunded and the water bill for the current period adjusted in such an amount as the City Clerk shall deem fair and just; otherwise the deposit shall be retained by the City to pay the expense of such examination and test. SECTION XU! Bv-Pass for Fire Protection: No by-pass or connection be- tween the,meter and the main shall be made or maintained except upon written permission of the Director of Public Works which shall only be given in the case of fire protection. It shall be unlawful to use any such - ,5- ,-- --"- '- "'"" by-pass for any other pur20se than that for which it is installed. If used for any other purposes or (save in case of fire) at any other times than permitted by the Director of Public Works, there shall be charged and collected for such service amounts equal to double the regular charge for water. 'SECTION XV. City not Liable: There shall be no liability on the part of the City of Arroyo Grande for damage, loss, or inconvenience resulting from sand, gravel, rust, sediment, fore~gn ~tter, air, excessive pressure or hydraulic water hammer in the water system. SEI:::TION XVI. Division of Property: In the event of a division or sub- division of property, any existing service shall be deemed to serve that part of the property so divided on which such service is then located. V SECTION XVII. Unauthorized Connection: Should the occupant of any premises or any person for him or on his behalf turn on water after it has been turned off by the Water Department, the meter will be removed and a charge of $5.00 made in addition to the amount of all bills then due, before water will be again turned on. SECTION XVIII. Waste of Water: It shall be unlawful for any person, firm or corporation to willfully or negligently waste water of the City Water System. SECTION XIX. Water for Boiler. etc.: It shall be unlawful for any person to draw water from any city pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. SECTION XX. Fire Hvdrants: Fire hydrants shall be furnished and in- stalled by the Water Department. All persons, firms, corporations and contractors using water through fire hydrants or other hydrants owned or controlled by the City shall obtain a permit so to do from the Director . of Public Works. No such permit shall be issued to any person, firm, corporation or contractor who has violated any of the provisions of this ordinance or who is indebted to the City for water used or dama~e to hydrants. Charges for use of such hydrants are established as follows: Installation of Portable Meter- - - - - - - -$10.00 Plus a deposit of $100.00 for said meter. Water charges are based on actual water used in accordance with Section I of this Ordinance. SECTION XXI. Unauthorized Use of Water: It shall be unlawful for any consumer without the written consent of the Director of Public Works to supply water to any person, firm or corporation other than the occupant or occupants of the premises of such consumer, or to pe~it any un- authorized use of water through any meter installed for the use of such consUmer. SECTION XXII. Interference with Eauipment: It shall be unlawful for any person to open any City fire hydrant, stock-cock or gate valve, or to meddle with any street service, water connection or backflow device, or any water meter, or to meddle or tamper with any water meter box or meter box lid, or drive a motor vehicle over or obstruct a water meter or a water meter box attached to any pipe connected with the water main or water pipes of the City of Arroyo Grande, or to turn on or off water in any water main or water pipes, or to tap, break or injure any fire hydrant, water main or water pipes, water meter, meter box or meter bOK lid, or any reservoir belonging to the City of Arroyo Grande, or to tap any water service pipe between the point of connection with the water main and the meter placed on such pipe line, or to take or draw water from any main, pipe or hydrant of the City of Arroyo Grande in any manner not authorized by this Ordinance. -6- -----. -~--- ~_._- - _. ""'" , . SECTION XXIII. Turnin2 Off Water: In case of emerEency the Water Department shall have the power to turn off water from mains and pipes of the system, without notice. In all other cases, the Director of Public Works shall give reasonable notice of such turnin~off to consumers likely to be affected. SECTION XXIV. Installation of Equipment: The installation of all new water mains, valves and fire hydrants which will ultimately become part of the regular water system shall require ,prior approval of the City Engineer and the Water Superintendent. Service lines may be installed by the Water Department in conjunction therewith. SECTION XXV. Check Valves: Whenever the Director of Public Works shall consider it necessary for the safety of the water system to have an approved check valve placed on the property line of any consumer's service, due notice shall be given to said conSumer so to do. Said valve shall thereupon be immediately installed at the expense of said conSumer. SECTION XXVI. Restrictin2 Use of Water: Upon notice published in the weekly newspaper of Arroyo Grande, the Director of Public Works shall have the right of restricting the use of the water for sprinkling, wetting, irrigation, or construction purposes to such hours and for such time as may be deemed advisable for the best interests of all concerned. 'SECTION XXVII. Extension of Mains Outside Citv Limits - Except Defined Water Service Areas: Any requests for water main extensions outside of the City Limits shall only be granted if the property to be served annexes to the City and in addition thereto any applicant for such water service shall pay a sum as the City Council may, from time to time, fix by Ordinance, but in no event shall such amount be less than $50.00 per lot and, in addition, such applicant shall pay the cost of the main extension in accordance with the City's Water Ordinance then in effect. SECTION XXVIII. Repeal of Ordinances in Conflict. All Ordinances or parts of Ordinances in conflict herewith are, to the extent to which they are in conflict herewith, repealed. SECTION XXIX. Penalties: In addition to the penalties prescribed in the Ordinance, any person, firm or corporation violating any of its provisions shall be guilty .of a misdemeanor, and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6), months or'by both such fine and impriso,:,ment. SECTION XXX. Publication of Ordinance: This ordinance shall take effect and be in full force thirty dhys after its,~assage and within fifteen days from its .,passage shall b~ ,published onCe in the Herald-Recorder, a newspaper printed aOO pub,lished ,in the Ci~y of Arroyo Grande, together with the names of the Councilmen voting thereo\" On motion of Councilman Burt ,seconded by Councilman McNeil , and on the following roll call vote, to-wi,t: AYES: Councilwoman Thompson, Councilmen McNeil, Burt and Mayor Jacobs NOES: Councilman Wood ABSENT: None the foregoing Ordinance ATTEST~~ ~)v~ CIT LERK I, POLLY S. MI~, City Cl.erl<.of. the City of Arr.oy.o Grande, County of San Luis Obispo, State of Calif~rnia, do hereby certify that the foregoing Ordinance No.~is a true, full and cor.rect t:opy of said Ordinance passecl and adopted by the City Council of the City of Arroyo Gr~nde at a regular meeting of said Council bn the 22nd day of September , 1')6" . WITNESS my hand and the seal of the City of Arroyo Grande affixed this 23rd day of September " 1%1<. ~ ' ~ (seal) I CitY~1)f the ity of Arroyo rande ,.__.,....._-,-~..-