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Ordinance 479 r - ~ ~ ~... .) r"- . ". "'\.. -\ ,\ \ --.1 ..~'''t / \.. \ i ;.., ~- ~' ~O o R DIN A N C E NO. 479 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Olt' GILROY ESTABLISH- ING THE OFFICE OF WATER COLLECTOR, PROVIDING FOR 'mE DUTIES THEREOF AND ESTABLISHING REGULATIONS, RULES, RATES, CHARGES, FEES, SERVICES AND PENALTIES FOR THE USE OF WATER SUPPLE D BY OR THROUGH THE WATER DEPARTMENT OF THE CITY OF GImOY AND REPEALING CHAPTER 3 OF ORDINANCE NO. 159, AND ALL OF ORDINANCES NOS. 190, 228, 293, 327, 250, 260, 371 and ALL OTHER ORDINANCES IN CONFLICT HEREWITH: The City Council of the city of Gilroy does ordain as follow s : Section 1. DEFINITIONS. Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the meaning attached to them by this section: (a) "Person" shall mean all domestic and foreign corpora- tions, associations, syndicates, joint stock companies, partner- ships of every kind, clubs, Massachusetts, business or common law trusts, societies and individUals. (b) "City" shall mean the City of Gilroy. (c) "Within the City" or "Within the City Limits" shall t " mean within the corporate limits of the City as they now exist," or may hereafter be made to exist, by subsequent exolusion or addition. (d) "Without the City" or "Without the City Limits" shall mean all the unincorporated area outside the City Limits as they now exist or may hereinafter be made to exist by subsequent addition or exolusion. (e) "Vlater Department" shall mean the Water Department of the city of Gilroy. (f) "Superintendent" shall mean the superintendent of the Water Department of the City of Gilroy. (g) "Chief Administrative Offioer" shall mean the Chief 171 \ ~ ~ "-~ .,.7/"1 .... . \." .- .....~ Administrative Officer of the City of Gilroy. (h) "City Council" shall mean the common Council of the Ci ty of Gilroy. (i) -Water Co1leotor" shall be the Water Collector of and for the Water Department. (j) "Water Committee- shall be the oommittee of Councilmen appointed by the Mayor to handle all matters pertaining to the Water Department. SECTION 2. OFFICE OF WATER COLLECTOR. (a) The Office of Water Co1leotor is hereby established. (b) The Water Colleotor shall work under the Chief .Admini- strative Offioer, the Water Committee or the Common Council as hereinafter provided for in this Ordinance. (c) The duties of the water Collector shall be to keep all accounts with water customers or users, co1leot all aooounts and assess all penalties pertaining to the WaterDepartmerl~ and as hereinafter provided for in this Ordinance. SECTION~. APPLICATION FOR SERVICE -- PERMIT. (a) Before water may be served fram the City water mains to any person or for any premises, suoh person or the owner or . occupant of such premises shall make a written application for such servioe upon a form provided by the City of Gilroy at the office of the Water Department. The information, required in all instanoes where application is made for water, shall include the name and address of the applicant, name of the street upon which said property fronts and the official house number, if any, assigned to the premises for which water is desired, together with the applicant's status as owner or lessee. Where a premises served with one meter is occupied by two or more independent oonsumers under one ownership, lessor or renter making application for service shall be required to sign the applicatiam for service, thereby being responsible for all -2- ,. ;<t.:<. bills conneoted with water service at the said premises. The owner may have separate services installed to each independent consumer if he wishes as an alternative to the foregoing paragraph. (b) It shall be unlawful for any person, firm or oorporation to open any street hydrant or stop cock, gate, valve or to meddle with any street service, water conneotion or any water meter connected to any servioe pipe connected with the water mains or water pipes of said City of Gilroy, or to turn on or off, water mains or water pipes of said City, or to tap, break or injure any water mains or water pipes of said City, laid in any street, avenue or alley, or other public place, or any reservoir of said City, or to tap any water service pipe between the point of connection with the main and the meter, or to take or draw water from the mains, pipes or hydrants of said City, without paying the established rates therefor, or in any way to trespass upon the public property of the city Water Department without permission first being obtained from the Chief Admini- strative Officer. (c) No person shall tap, open or conneot with any fixture or water main or pipe which forms any part of the system of the water works, of the City of Gilroy, without first notifying and obtaining permission from the Chief Administrative Officer, and no permit shall be given to any person whose indebtedness to the city for water or damage to fire hydrants, meters, pipes or fixtures, is delinquent, or who has on one or more ocoasions taken water from the distributing system without having reoeived permission as herein provided. (d) Fire hydrants are provided for use in extinguishing fires, flushing mains and emergency uses, and shall be opened and used only by the Water or Fire Departments of the ~ity of Gilroy, or by such persons, or firm or corporation as is ...3- '- " ,I _ '<"" ::i. '..... ." 0,/ authorized to do so by the Chief Administrative Officer. (.e) All persons, firms or corporations using water through fire hydrants or other hydrants owned or controlled by the City of Gilroy, shall be required to get a permit to do so fram the Chief Administrative Officer, who shall give no such permit to any pe rson, firm or corporation who has violated any of the provisions of this Ordinance or whose indebtedness to the City for water used, or damage to hydrants, meters, pipes or fixtures is delinquent. (f) No consumer shall supply water to any person, f~rm or corporation other than the ocoupants of the premises of such consumer, provided however that such oonsumer may aupp1y water to such persons, firms or corporations for the use on the premises or in the performance of any oontract for the improve- ment of any street or other public p1aoe after having given notioe and reoeived permission from the Water Department. No oonsumer shall permit leaks or waste of water. SECTION 4. DEPOSITS. (a) Every application for water servioe by any person that does not own or have legal ownership of the property where service is applied for shall be acoompanied by a $5.00 cash deposit in lawful money of the United States in the ~ount specified in this Ordinanoe, except that an applicant whose credit with the City has been established need make no deposit. The payment by any person of his water bills by the 15th of eaoh month to the City for a period of at least one year shall be presumed to establish the credit of such person. with the City. Lessors or renters of the premises upon whioh water servioe is furnished who have paid their water bills to the City by the l5th of eaoh month for a period of at least one year shall, upon demand, have their deposits returned to them. All other persons making a deposit hereunder shall have their deposits returned to them when their aocounts are closed, but the amount -4- ;.. (, '-/ of any unpaid bills shall be deducted from such deposit before such'deposit is returned. No deposit need be returned without the surrender of the receipt issued therefor. At the expiration of one year after a closing bill has been rendered the amount of the deposit or the ba1anoe thereof shall be forfeited and the same shall be transferred to the Water Operating Fund. SECTION 5. RATES AND CHARGES. The following rates and charges are hereby fixed and established and shall be paid by consumers and shall be colleoted by the Water Department, as follows: (a) Rates and charges for metered water sold within the City Limits for all uses: Size of Min .Gals. Min. Chg. per Chg. per M Gals. meter per mo. M Gals. per mo. over Min. 3/4" 6000 1.25 .15 1" 7000 l.50 .15 Ii" 9000 2.25 .l5 2" 11.000 2.75 .l5 3" 20.000 3.50 .l5 4" 30.000 5.25 .l5 For an un-metered service a flat rate of l.25 per month shall prevail. Where the periOd of servioe is less than one full month, 4nd the water consumed is less than the minimum, the minimum . charge shall prevail, and if water oonsumed is more than the minimum the meter reading shall prevail. (b) Charges for installations for water service within the City Limits for all uses, shall be a service charge as follows, to be paid at time of application: Size of Meter l" Servioe Charge 2.00 3.00 3/4" -5- ~ J ,/-' ~.~, U., <r;:. l1..lt 2~ Service .9harp:e 6.00 8.00 Size of Meter Service Char~ Size of Meter 3ft 4" lO.OO 12.00 Wnere a metered service already exists, a service charge of $l.OO shall be paid by eaoh applicant. (b-l.) Where a 3/4" or lit service, in good condition, exists, a lift or larger service will be installed upon payment of actual cost of labor and materials. (c) Rates and charges for metered water sold without the City Limits for all use-s. Size of Min. Gals. Min. Chg. per Chg. per M Gals. meter per mo. M Gals. per mo. over Min. 3/4ff 6000 2.50 .20 lit 7000 2.75 .20 l1..ft 9000 3.50 .20 :? 2tt Il.OOO 4.50 .20 3lt 20.000 5.50 .20 4" 30.000 7.50 .20 Vfuere the period of service is less than one full month, and the water consumed is less than the minimum, the minimum charge shall prevail and if water consumed is more than the minimum the meter reading shall prevail. (d) Charges for installation of a water service without the City Limits where an existing water main is available, shall be as follows: The charge for installing a water service outside the City Limits shall be the cost of labor and material necessary to install the service. Labor charges will be based on wage scale of man performing labor. Cost of materials, including all pipes, fittings, meter, meter box, material, etc., necessary to install a service from water main to and including meter, will be based on cost of material to the City. The Superintendent shall make an estimate of the cost of the service to be in stal]e d and the applicant shall make a deposit of this amount with the Water Collector at the time of application, any over charge will be refunded -6- ___ L ~c (p and any under charge will be billed to the applicant on comple- tion of installation. (e) No person may take water from an unmetered outlet of the water system without making application to and reoeiving permission from the Chief Administrative Officer. The applicatn receiving such permission must keep account of water used in M gals., and statement of this amount, subjeot to cheok by the Superintendent, must be presented to the Water Collector every 30 days. The applicant will make a deposit of $5.00 with the Chief Administrative Officer at time of application. The charge for water thus used shall be .20 cents per M. gals. Applicant will furnish his own wrench and hose to take water from unmetered outlets and this equ:i.pment will be subject to the approval of the Superintendent. (f) Where property is located both inside and outside the City Limits the rate for metered water will be as follows: Size of Min. Gals. Min. Chg. per Chg. per M. Gals. meter per mO. M. Gals. per mo. over Min. 3/4" 6000 2.00 .20 1" 7000 2.25 .20 - 1.1." 9000 2.75 .20 g 2" ll.OOO 3.50 .20 3" 20.000 4~00 .20 4" 30.000 5.75 .20 , 1 (g) Where property is located both inside and outside the City Limits the Service Charge for installing a Water Service will be one-half (t) the total cost of the installation. SECTION 6. INSTALLATION OF NEW' WATER MAINS WI'IHOUT THE CITY. (a) For the purposes of this section a water main shall mean any line, extension or part of the water system, to be of cast iron, and to be a minimum size of 4 inches. -7- .- '7 if' ,', A water service shall be a line with a minimum size of 1 inch, extending from water main to and including meter and meter box. Meter shall be set just inside curb line, or just inside of right-of-way. Application may be made by a person without the City for a new water main and water service to be installed from the nearest existing water main to a point where water service is required. Application shall be made to the ~hief Administrative Officer and subjeot to the approval of the ~ity council. . If the City Council believes the additional water service would for any reason endanger the existing water supply of the City, or for any reason, they may reject the application. If the application is approved by the city Council, the Chief Administrative Officer may order the work to proceed under the supervision of the Superintendent. A water main laid on any road, street, avenue, alley, regularly aocepted right-of-way or regularly accepted streets or alleys of a reoognized subdivision may serve one or more wa ter service s . Each water service will be limited to serve consumers on one premises only and such service shall not be'extended to other premises. (b) Charges for installation of new water mains and water services va thout the city shall be as follows: The Chief Administrative Officer shall estimate the cost of the installation and the applicant shall deposit the sum of the estimate with the tJhief f~dministrative Officer in advance before work is started. The cost of installation shall be all labor based on wage scale of men performing labor, all material including pipe, fittings, meter, meter box and any other mater1al used based on -8- 2~~ cost of material to the vity, all ditching, all back fill, rental on machinery used and any property damage incurred during ins tallation. The installation shall consist of all lines from existing water main to and including meter and meter box at new water service. v At completion of installation the Chief Administrative Officer shall determine the total cost of installation and refund ~ any over payment, or bill any under payment to the applicatn who must pay the deficiency before being entitled to any water. (c) Any new water main or water servioe installed under the conditions of this ordinance shall remain at all times the property of the City, be subject to all regulations governing the Water Department, and be accessible to the City at all times. SECTION 7. STATEMENTS -- FAILURE TO PAY -- LIENS. (a) If a bill for services beoomes delinquent the water Col1eotor may, at his discretion, notify the conSUMer by special delivery letter that if the bill is not paid within 10 days service shall be discontinued. If servioe is discontinued because of such delinquency a charge of $l.OO shall be made for reconnect ion provided that no such reconnection shall be made until delinquent aocount is paid. (b) Where a service has been discontinued for nonpayment of bills and the owner, or consumer, has turned the water on again, or permitted the same to be turned on at that servioe, the meter will be removed and a charge of $5.00 made for reconneotion. (c) On failure to comply with the rules and regulations established as a condition of the use of water, or to pay the rates or any penalty imposed in the time and manner herein provided, water may be shut off on any and all services where the delinquent consumer is being supplied with water, until ~- - -'/0 c..< (" / payment of the amount due is made with $l.OO additional charge for reoonnection. (d) In addition to any other remedy provided herein for the enforcement and collection of any water rate, charge or account and applying to a water service where water consumer is the owner, all rates provided for in this Ordinance shall be oharged aga~st the property on which it is furnished and against the owner thereof using the water, and if for any cause any sums owing therefor become delinquent, the water shall be shut off and in no case shall it be turned on at the same property until all suoh delinquencies shall have been paid in full and suoh property owner shall be responsible to the City in an action brought by the City in any Court of competent jurisdiction for the amount of such rates as may be due and unpaid, together with all penalties provided herein and costs. No change of owner- ship or occupation shall effect the application of this Section. SECTION 8. REGULATIONS. (a) Where fire hydrants, meters, pipes or other fixtures, any of which being the property of the City of Gilroy, are broken off or damaged, the total cost of damage and labor shall be paid by the person, firm or corporation responsible for such damage and loss. (b) All services and water meters installed by the Water Department shall remain the property of the Water Department and shall be maintained, renewed and repaired by the Water Department when rendered unserviceable through ordinary usage: provided that where replacements, repairs or adjustments of any meter are rendered necessary by the act, negligenoe or careless- ness of the consumer, or any member of his family or person in his employ, any expense caused thereby shall be oharged against and collected from the consumer in the same manner as a water bill. -10- ~ F70 . (0) No person, firm or corporation shall install, maintain or use any physical connection between any private source of water supply and the City water supply; however, subjeot to the approval of the Board of Health of the State of California, the city may install and maintain emergency connections with other public utilities serving w~er for domestio use. (d) All City water used on any premises served with a meter must pass through the meter. No by-pass or connection around any meter shall be installed, maintained or used. Consumers shall be held responSible, and charged for, all water passing bhrough the meter or meters serving those oon- sumers. (e) Any consumer may demand that the meter through which water is being furnished, 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 deliv- ered through it. Such demand shall be made in writing to the Water Department, and shall be accompanied by a deposit of two ($2.00) dollars upon receipt of such demand. It shall be the duty of the Water Department to cause the meter to be examined and tested for the purpose of asoertaining whether or not it is registering correctly the water being delivered through it. If upon such examination and test the meter shall be found to register over 3% more water than actually passes through it, another meter will be substituted therefor and the fee of two ($2.00) dollars shall be returned to the person making the application and the water bill for the previous billing period adjusted in such a manner as the Chief Administrative Officer may deem fair and just.' If the meter be found to register not over three percent (3%) the two ($2.00) Dollars shall be forfeited to the Uity and the water bill paid as rendered. (f) No person, firm or corporation shall draw water from -ll- ~71 the City's Water mains into any steam boiler, hydraulio elevator, pressure (25 pounds or more) pump or similar apparatus. The owner in such a case shall provide a tank of sufficient capacity to afford a supply for at least l2 hours, into which tank water direct from the city main shall empty in such a manner as to positively eliminate back siphonage and there shall be no cross connections. As an alternative to the foregoing paragraph, the consumer may provide a service valve ahead of any steam boiler, hydraulic elevator or pressure pump, after such service valve shall be approved by the Water Superintendent. (g) Every person, firm or corporation authorized to open fire hydrants shall be required to replace caps on the outlets when same are not in use. Failure to do so shall be deemed sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of such fire hydrants. (h) If any person shall use any fire service for other than fire purposes except as otherwise provided for in this ordinance the Water Department is hereby authorized to collect the sum of $25.00 for each day of such use and to enforce this provision by cutting off all water from the property whereon such use occurred. When water is cut off by virtue of this provision, no further water shall be served to such property until the total sum for such use is paid, provided, that the city council may, upon application of any person aggrieved by the action of the Water Department hereunder, remit the charge or such part thereof, as may appear just and reasonable. (i) Whenever any plumber or any other person, firm or oorporation connecting service pipe to the property side of a meter shall use the water for testing the pipes, they must leave the service box in as good condition as found, and shall leave -l2- ""'~.., eo{ / ," / " - the water shut off if found so, and shall notify the Water Department at the time the connection is made. Any damage caused by the carelessness of any plumber or other person, firm or corporation to any part of the meter box, or connec- tion shall be charged to" and paid by suoh plumber, or other person, firm or corporation. (j) Employees whose duty is it or may be to enter upon private premises to make inspection and examination of pipes, fixtures or attachments used in connection with the water supply, shall be provided with a badge or other credentials to identify them as authorized agents of the Water Department. (k) If the plaoing of an approved check valve or other device on side of the meter of any consumer 1s necessary for the safety and protection of the water system or appliances thereof, such check valve, after approval by the superintendent, shall be immediately installed inside the property line by and at the expense of the consumer, at the order of the Water Superintendent. (1) The Water Department may. requ~re any water service to be equipped with an adequate shut-off valve (not a cook) at the expense of the consumer or owner within thirty (30) days of notice to that effect by the Water Department to install the same. Whenever the Water Department requires a water service to be equipped with such an adequate shut-off valve, said valve shall be located inside the property line and on the street side of any fixture including sprinklers. In a business zone the required shut-off valve may be located between the property line and the meter, but a minimum of two feet away from the meter and in a safe adequate box approved by the Water Superintendent. (m) Water meters shall be located not less than six feet from any tree and no t Ie ss than two feet from the apron of any driveway, and not in any driveway, provided that when an existing water service is in a driveway and in need of repair -13- ~73 the service and meter may be reset in the same position and provided further that a new service and meter may be set in a driveway if another location would cause undue hardship and expense to the consumer. Consumers, using a temporary connection for water service, shall place a fauoet inside the property line; and no excava- tion for such connection, if located on City property, shall be kept open or unguarded. The ser~ice or meter box shall be kept in the same condition as the Water Department left it; i.e., not dangerous to the public. (n) The Water Department shall have the right and power to turn off the water at any time in the mains and pipes of the water system without notice, in case of an emergency. (0) The Water Department with the approval of the City Counoil, during a time of serious water shortage or expected water shortag~may declare a limited period or certain hours each day when water may be used for irrigation purposes or any purposes other than actual house or sanitary purposes. All persons violating such regulations if deolared will be subjeot to penalties as set forth in this Ordinance. (p) If a meter fails to register during any period, or is known to register inaocurately, the consumer shall be charged with the Minimum for the service in question. (q) In case a house, or other building or part of bu[ld- ing where water is furnished, becomes vacant, the regular rate shall be charged and collected from the owner or renter thereof whether water is used or not, unless the water department is notified thereof in writing, requesting discontinuance of service. (r) The Water Collector shall have the power, in his discretion, to adjust complaints, and in the event of any dispute as to the water charges to be paid by any water oonsumer f -14- ,...,.~ . .. .....-. ,~ -- :271- \ \ the water collector shall determine the same, subject to the approval of the Gity council. (s) All water consumers shall, at the sound of the City Fire Alarm, turn off all water beinp used outsid~ of buildings, and inside of buildings use water only for emergency or sanitary purposes during the time a fire may be in progress, and until such time as all available water is no longer needed for controlling the fire. SECTION 9. ORDINANCE NO. 417 A NOT AFFECTED. Nothing in this Ordinance shall be construed to change, modify or affect the provisions of Ordinance No. ti7l A of the - City of Gilroy, relating to the extension of sewer and water mains at the expense of the property owners. SECTION lO. PENALTY FOR VIOLATION. Any person violating any provision of this Ordinanoe shall be deemed guilty of a disdemeanor and upon conviction thereof shall be punished by a fine in the sum not exceeding One Hundred ($100.00)-"Dollars or by imprisonment in the City Jail for a period not exceeding 30 days or by both such fine and imprisonment. SECTION ll. CONSTITUTIONALITY. The invalidity of any of the provisions of this Ordinance shall in no wise render void this Ordinance or the remaining provisions thereof, but in the event of any of the provisions of this Ordinance being held or declared void or invalid by any Court of law or equity, the remaining portions and provisios of this Ordinance shall be and remain in full force and effect. SECTION l2. ORDINANCES REPEALED. The following Ordinances, unless otherwise herein provided, are hereby repealed: (a) Chapter 3 of Ordinance No. l59 (b) Ordinance No. 190 (c) Ordinance No. 228 (d) Ordinance No. 293 -l5- ~ ~/-' "', -""~ r ~ ,"" . ~. t/' ,~ ~ 7,5- i., - ,- (e) Ordinanoe No. 327 (f) Ordinance No. 350 (g) Ordinance No. 360 (h) Ordinance No. 37l All other ordinances and parts of ord:i.nances in conflict with this Ordinance are hereby repealed. SECTION l3. This Ordinance shall be in full force and Ii. effect from and after the ~O day of JUNE. , 1950. ADOPTED AND PASSED this ~ day of the followtng vote: June , 1950, by NOES: Councilmen George M.Mason,.T.H. Wentworth, Carl W.Pate,James B.Thomas, David V.Stout,Dale D.Daniels Councilmen None AYES: ABSENT: Councilmen None Approved: /~M:io~/ Attest: G: ('~ ~ C i t Y - C e r k -16-