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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DOES ORDAIN AS FOLLOWS: SECTION I: Sections 27.33, 27.44, 27.61, 27.62 and 27.63 of the Gilroy City Code are hereby repealed.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. -2- 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. -3- 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. -4- 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 -5- 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 ATTES'1;;: j' _,/ ,.! , . 1 /1 . ,'" /(;/ L.iOtic VV1v-') ( /{J !;;'t,rl,;~tr / . Ci ty -Clerk I:)' APPROV ED: ?~~~~/ - /' ayor ~ . , . 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