Ordinance 924
ORDINANCE NO. 924
AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 27
OF THE GILROY CITY CODE SO AS TO PROVIDE THAT ALL
CHARGES RELATING TO WATER SERVICE SHALL BE ESTABLISHED
BY RESOLUTION OF THE GILROY CITY COUNCIL, AND REPEALING
CONFLICTING PROVISIONS
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I: Sections 27.33, 27.44, 27.61, 27.62 and 27.63
of the Gilroy City Code are hereby repealed.
SECTION II: The following sections of the Gilroy City Code
are hereby amended to read as follows:
Sec. 27.3. Application for water service; contents of
application.
Before water may be served from the city water mains to
any person or premises, such person or the owner or occupant
of such premises shall make a written application for such
service upon a form provided by the city at the office of
the Director of Finance. The information, required in all
instances where application is made for water, shall include
the name and address of the applicant, name of the street
upon which such 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.
Sec. 27.12. Deposits by applicants for water service.
Every application for water service shall be accompanied
by cash deposits which shall be adopted by Council resolution.
A service charge as established by Council resolution
shall also be paid with each application.
An applicant for water service whose credit with the city
has been previously established need make no deposit. The
paYment by any person of his water bills by the 15th of
each month to the city for a period of at least one year
shall be presumed to have established acceptable credit for
such purposes with the city.
ORDINANCE NO. 924
Sec. 27.17. Examination of meters at consumer's request -
Deposit.
Any consumer may demand that the meter through which water
is being furnished, be examined and tested by the Department
of Public Works for the purpose of ascertaining whether or
not it is registering correctly the amount of water which is
being delivered through it. Such demand shall be made in
writing to the Department of Public Works and shall be
accompanied by a deposit as established by Council resolution.
It shall be the duty of the Director of the Department of
Public Works to cause the meter to be examined and tested
for the p~rpose of ascertaining whether or not it is
registering correctly the water being delivered through it.
Sec. 27.18. Same - Replacement of defective meter; refund of
deposit.
If upon examination and test as provided in the preceding
section the meter shall be found to register over three per
cent more water than actually passes through it, another
meter will be substituted therefor, the fee as established
by Council resolution 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 City Administrator
may deem fair and just. If the meter be found to register
not over three per cent high the fee shall be forfeited to
the city and the water bill paid as rendered.
Sec. 27.27. Location of water meters.
Water meters are to be located in the public rights of
way unless permission for another location is granted
by the City Engineer when it is not practical to place said
meter in the right of way. Water meters shall not be placed
in driveways unless permission is granted by the City Engineer.
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ORDINANCE NO. 924
Sec. 27.36. Nonpayment of water bills; notice to consumer.
Bills for services shall become delinquent 30 days after
mailing. If a bill for services becomes delinquent, the
customer shall be notified by a late notice.
After the late notice is mailed, the customer shall pay
the delinquent bill by the 26th day of the month or the
water service shall be discontinued.
Sec. 27.36.2. Customer's checks returned unpaid by banks.
All checks returned to the city for non-sufficient funds
or accounts closed shall be subject to a handling fee as
established by Council resolution which shall be paid to
the city, and the service shall be considered delinquent as
set forth in these provisions.
Sec. 27.37. Reconnection of service upon payment of
delinquent account.
If service is discontinued because of such delinquency,
a charge as established by Council resolution shall be
made for reconnection; provided, that no such reconnection
shall be made until the delinquent account is paid.
Sec. 27.38. Turning on water after service is discontinued.
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
service, the meter will be turned off and locked and a
charge as established by Council resolution shall be made
to turn on the service.
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ORDINANCE NO. 924
Sec. 27.39. Discontinuance of water service.
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 provided
by this article, water may be shut off on any and all
services where the delinquent consumer is being supplied
with water, until payment of all amounts due is made with
additional charges for reconnection as established by
Council resolution.
Sec. 27.42. Metered service-Schedule.
Rates and charges for metered water sold within the
city for all uses are to be established by Council
resolution.
Sec. 27.45. Service charges for initial installation.
Service charges for initial installation of water
services within the city for all uses shall be as
established by Council resolution and shall be paid at
time of application.
Sec. 27.46. Service charge where metered service already
exists.
Where a meter service within the city already exists,
a service charge as established by Council resolution
shall be paid by each applicant at the time of applying
for service.
Sec. 27.50. Metered service; schedule.
Rates and charges for metered water sold without
the city for all uses are to be established by Council
resolution.
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ORDINANCE NO. 924
Sec. 27.60. Taking water from an unrnetered or portable
metered outlet.
No person, within or without the city, may take water from
an unrnetered outlet of the water system without making appli-
cation to and receiving permission from the city.
Applicants receiving permission to take water shall pay the
rates as established by Council resolution for streets, sub-
divisions, and other development projects including underground
utilities such as storm, sanitary and water mains, or apply
for a portable water meter and pay the rates as established
in said resolution.
Sec. 27.66. ''Water main" defined.
For the purposes of this article, 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 eight (8) inches unless
approved by the City.
Sec. 27.71. Commencement of work; supervision.
If the Council approves the extension of a water main, the
property owner shall construct said main to serve his property.
The city may elect to oversize said main. The city shall
enter into a ten year reimbursement agreement with the property
owner whereby any adjoining property owners electing to
connect to the new main shall pay a front footage charge to
be reimbursed to the property owner constructing the water
main. Said reimbursement agreement shall be on terms approved
by the City Council upon the recommendation of the Department
of Public Works, shall be in effect ten years from the date of
signing and shall be void after said ten year periodo
ORDINANCE NO. 924
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Sec. 27.74. Installation charges.
The Director of Public Works may determine that it is of
benefit to the city and necessary that installation of new
water mains be done by use of city forces.
(a) The Director of Public Works shall estimate the cost
of the installation and the applicant shall deposit the
sum of the estimate with the Director of Finance in advance
before work is started.
(b) The cost of installation shall be all labor based on
wage scale of men performing labor, all material including
pip~ fittings, meter, meter box and any other material
used based on cost of material to the city, all ditching,
all backfill, rental on machinery used and any property
damage incurred during installation.
(c) The installation shall consist of all lines from
existing water main to and including meter and meter box
at new water service.
(d) At completion of installation the Director of Public
Works shall determine the total cost of installation and
refund any overpayment, or bill any underpayment to the
applicant who must pay the deficiency before being entitled
to any water.
SECTION III: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
SECTION IV~ This ordinance shall take effect and be in force
thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 21st day of June, 1971, by the following
vote:
!YES~ COUNCILMEMBERS:
BATREZ, HUGHAN, PATE, SILVA, STOUT
and G'OODR ICH
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
None
DUFFIN
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APPROV ED:
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 924 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 21st day of June
, 19 11-, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 22nd day of June
, 19-11..
J4JeriuJ? flk~
,City Clerk of the City of