Ordinance 1986-16ORDINANCE NO. 86-16
AN ORDINANCE OF THE CITY OF GILROY ENACTING
CHAPTER 27, ARTICLE IV, OF THE GILROY CITY CODE
PERTAINING TO WATER OVERUSE PENALTIES.
WHEREAS, the City Administrator has requested enact-
ment of a water overuse penalty ordinance so that effective
control of water use can be pursued in the City of Gilroy,
and good cause appearing therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES ORDAIN AS FOLLOWS:
SECTION I. Chapter 27, Article IV, of the Gilroy City
Code is enacted to read as follows~
CHAPTER 27
ARTICLE IV, WATER OVERUSE PENALTIES
Sec. 27.76 Purchase of capacity.
Ail owners or developers of commercial or industrial property
shall purchase a peak daily usage allocation for water capacity for
each such developed property in the city on such terms and conditions
as may be established from time to time by council resolution.
Sec. 27.77 Usage allowed.
The city shall monitor water usage of each commercial and
industrial user on a monthly basis.
The peak monthly water use allowed shall be computed by
multiplying the peak daily allocation purchased times the days in
the respective month.
Sec. 27.78 Underuse.
If the peak monthly use so determined is consistently less
than the allocation purchased, the owner may sell the excess
capacity back to the city at the original purchase price, or retain
that amount for growth or expansion.
Sec. 27.79 Overuse.
If the monthly peak usage so determined is greater than the
monthly peak allocation purchased, the city shall at the time of the
first overuse, notify the owner in writing, warning of the overage
ORDINANCE NO. 86-16 -1-
and a warning of the penalty rates imposed in the following
paragraphs. If the usage is not reduced to the capacity purchased
within one month, the penalties shall apply.
The owner may purchase additional water capacity allocations,
if available.
Sec. 27.80 Overuse penalties.
~a) If the monthly peak usage is greater than the monthly
peak allocation purchased in any month after the warning is given,
the rate for the overage for water shall be ten (10) times the
normal usage rate.
(b) If the monthly peak usage is greater than the monthly
peak allocation purchased in any month after the first penalty is
charged (a. above), then the rate for the overage for water shall
be one hundred (100) times the normal usage rate.
SECTION II. Ail other ordinances and parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be
in full force thirty (30) days from and after its adoption and
approval.
PASSED AND ADOPTED this 15th day of September 1986 by the
following vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PAIaMERLEE, VALDEZ and HUGHAN
NOES:
COUNCILME~ERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ORDLNANCE NO. 86-16 -2-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 86-16 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 15th day of September ,
19 86 , 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 3rd day of October ,
19 86 .
(Seal)