HomeMy WebLinkAboutOrdinance #674 ORDINANCE No. 674
AN ORDINANCE CF THE CITY OF HUNTINGTON
BEACH.ESTABLISHING A WATER DEPARTMENT,
PRESCRIBING RULES AND REGULATIONS FOR
WATER SERVICE AND RATES; PRESCRIBING
PENALTIES FOR THE VIOLATION THEREOF, AND
ADDING TO THE HUNTINGTON BEACH ORDINANCE
CODE, CHAPTER 35 ENTITLED "HUNTINGTON
BEACH WATER DEPARTMENT" ' AND ADDING ART=
ICLE 351 ENTITLED "CREITION OF HUNTING-
TON BEACk WATER DEPARTMENT", ARTICLE 352
ENTITLED "SERVICE CONNECTIONS" ARTICLE
353 ENTITLED "FEES RATES AND DEPOSITS"
ARTICLE 351+.ENTITUD "REGULATIONS APPLY-
,
ING TO USE OF WATER" AND ARTICLE 355
ENTITLED "EXTENSION OF WATER MAINS".
The City Council of the City of Huntington Beach does
ordain as follows:
Section 1. That a new chapter is hereby added to the
Huntington Beach Ordinance Code, to be designated as Chapter
35, entitled "Huntington Beach Water Department" .
Section 2. That a new Article is hereby added to the
Huntington Beach Ordinance Code as part of Chapter 35, to-
wit: Article 351, entitled "Creation of Huntington Beach
Water Department", said Article to consist of Sections 3510,
40 3511, 3511.1 and 3512, which new sections shall read in words
and figures as follows:
Section 1510. WATER DEPARTMENT CREATED: There is hereby
created a Water Department for the City of Huntington Beach
which shall embrace and include all property of every character
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used in or incident to the production, storage, conveyance
and delivery of water to the consumers thereof in the City
together with all other property that may from time to time
hereafter be added to it for such purposes.
Section 3511. WATER SUPERINTENDENT. CREATION CF:
The office of Water Superintendent of the Huntington Beach
Water Department is hereby created and the City Council
shall appoint such Water Superintendent who shall hold office
during the pleasure ,of the Council and shall receive such
compensation for his services as the Council shall direct.
Section 1511.1. ACTING WATER SUPERINTENDENT: The City
Engineer of the City of Huntington Beach shall be the Acting
Water Superintendent of the Huntington Beach Water Department
until such time as the City Council shall appoint a Water
Superintendent. The City Engineer shall receive no additional
compensation for services rendered as Acting Water Supe rintend-
ent, unless directed by the City Council.
Section 1512. WATER SUPERINTENDENT. DUTIES OF: The
Superintendent of the Water Department of the City of- Hunting-
ton Beach shall be responsible for the operation of said
Water Department and the performance :of the duties, obliga-
tions and requirements as set forth in Chapter 35 of the
Huntington Beach Ordinance Code, and shall perform such other
duties as may be designated from time to time by the City
Council.
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Section 3. That a new Article .is hereby added.. to the
Huntington Beach Ordinance Code, as part of Chapter 35, to-
wit: Article 352, entitled "Service Connections", said
Article to consist of Sections 3521, 35227 35237 3524, 3526
and 3528, which new sections shall read in words and figures
as follows:
Section 1521. APPLICATION FORK: Before water can be
served from the City mains to any person or for any premises,
such person or the owner or occupant of such premises shall
make written application for such services upon a form pro-
vided by the City Water Department. The information required
in all instances where application is made for water, shall
include the name and .address of applicant, description of the
property where service is desired, together with the appli-
cant 's status as owner or lessee.
Section 3522. SEPARATE SERVICE CONNECTIONS REQUIRED:
Every premise supplied by City water shall have its own
separate service connection with the City Main, and the premis-
es so supplied shall not supply water to any other premises.
Section 3523. SERVICE CONNECTIONS. MULTIPLE OCCUPANC-
IES ON SAME PREMISES: Where more than one occupancy is
placed on the same parcel of property and each is conducting
a separately established residence or business, a water meter
shall be required and installed for each occupancy, unless
otherwise approved by the Water Superintendent.
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Section 3524. SERVICE CONNECTIONS: EXCEPTIONS:
(a) Where there exists a dwelling on the rear of a
lot, in front of which is another dwelling, one service may
be provided for such premises. The cost of such water meter
installation and service shall be paid by the owner or party
receiving service.
(b) Where two or more buildings owned by the same per-
son are built upon a 16t, said buildings may be served by
one service pipe and one meter if approved by the Water Sup-
erintendent. //��
Section �526. SERVICE CONNECTIONS: SPLIT OF PROPERTY:
Whenever one service pipe and meter has been serving more
than one occupancy on the same parcel of property owned by
one owner, and the property ownership, is severed,. the Water
Superintendent may in his discretion require separate ser-
vice pipe and meter for each occupancy.
Section 3528. INTERFERING WITH PIPES: No person shall,
without the permission of the Water Superintendent, or his
duly appointed agents or employees, remove, change, disturb,
or in any way tamper with or interfere with any of the
facilities, apparatus, appliances or property used or main-
tained for the production, storage or supply of water by the
City to consumers thereof; nor shall any person without the
permission of the Water Superintendent install any pipe, ap-
paratus, appliance or connection to any part of the system of
water works in the City.
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Section 4. That a new article is hereby added to the
Huntington Beach Ordinance Code, as part of Chapter 35, to-
wit: .article 353, entitled, "Fees, Rates and Deposits" , . said
Article to consist of Sections 35302 3530.17 3530.11, 35317
3531.19 3531.117 3531.2, 3531.211- 3531.211, 3532, 3532.19
3532.112 35332 3533.17 3533.2, which new sections shall read
in words and figures as follows:
Section .-15-10. SERVICE FEE. The Water Department, as
a condition to granting the application and furnishing water
service to the premises, is authorized to charge and shall
collect in advance the following. sums for the purpose of
reimbursing the City for the cost of the system and future
replacements and extensions thereof.
(a) The sum of dTW6ht. y-five($25 .00) dollars for parcels
containing less than ten-thousand (10,000) square feet in
area.
(b) For any parcel containing ten-thousand (104.000)
square feet of area or more, one hundred-"($100:00)
dollars per acre for each., r FrPaction thereof. Fractions of
acre less than one-half ( ) acre shall be disregarded.
(c) The service fee for lands owned by public agencies
may be waived by the City Council, on condition that in the
event any such lands are later transferred for private use,
the service fee shall be payable before water service wil]L
be furnished for such private use.
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Section. 3 30.1.. INSTALLATION AND DETER FEES. In add-
ition to the fee set forth in. Section 1+ above, the Water
Department shall charge and-collect in advance, the follow-
ing amounts for the installation..of water connections and
meters:
• (a) A sum equal to the actual cost of labor and mater-
ial in laying such service line, including the cost of the
meters, the cost of replacing pavement, plus ten percent (10%)
for. overhead. The cost of such installation shall be esti-
mated by the Water Department., and- such estimated cost shall .
be paid by the applicant to the Water Department before the
work of connecting the main..wi.th. the property, is commenced.
Whenever the estimated cost is not sufficient to cover the
• total expense for labor, mat.eral, . meters and overhead, the
deficit shall be charged to the .property for which such in-
stallation was made and paid by the owner thereof. Any ex-'
cess payment shall be returned to the person applying for
installation.
Section r 3 ll. INSTALLATION BY APPLICANT: The Water
• Superintendent may in his discretion authorize an applicant
to make the installation at applicant's own cost, and in
conformity with the specifications set forth by the Water
Department. .
Section 3�31. WATER RATES: The water rates to be
charged and collected monthly or bi-monthly as. may be de-
termined by the Superintendent of the Water Department,
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charged and collected monthly or bi-monthly as may be de-
termined by the City of Huntington Beach, from consumers
of water supplied by the City are hereby established and
the Water Department is hereby authorized and directed to
charge and collect the same as follows:
• DOMESTIC.3 COMMERCIAL AND INDUSTRIAL SERVICE
Quantitv Rates:
First 700 cu. ft. or less $1.`65
Next 11000 cu. ft. , per 100 cu. ft. . 0.20
Next 11000 cu. ft. , per 100 cu. ft. 0.18
Next 21000 cu. ft. , per 100 cu. ft. 0.16
41700 to 15t000 cu. ft. , per 100 cu. ft. 0.14
15,000 to 1009000 cu. ft. $ per 100 cu. ft. 0.12
100,000 to 250,000 cu. ft. t per 100 cu. ft. 0.11
Over 250,000 cu. ft. 7 per 100 cu. ft. 0.09
MINIMUM CHARGES:
For 3/4 inch meter $ 1.65
For' l inch meter 1.90
For 1j- inch meter 4.00
For 2 inch meter 6.00
For 3 inch meter 12.00
For 4 inch meter.. 22.00
For 6 inch meter 35.00
The minimum charge shall entitle the consumer to the
quantity of water which that monthly minimum charge
will purchase at the quantity rates.
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Section 3531.1 WATER RATES: CONSTRUCTION PURPOSES:
Water supplied for construction purposes where meters are
not installed or used.
(1) for each one-hundred (100) lineal feet of
- curb . . . . twenty cents ($0.20) .
(2) For each one-hundred (100) square feet of
• - sidewalk . . . . ten cents ($0.10) .
(3) For each one hundred (100 square feet of
concrete pavement . . . . twenty cents ($0.20) .
(4) For each barrel of cement used for other
construction . . . . ten cents ($0.10).
(5) For settling each one-hundred (100) lineal
feet of backfill in trenches not over three
(3) feet in depth . . . . eighty cents ($0.80).
(6) For each additional foot in depth. . . .twenty
cents ($0.20) .
• (7) For settling each one-hundred (100) square
feet of graded earth street four cents
($0.0)+) .
(8) For settling each one-hundred square feet of
graded sand. sub-grade . . . . six cents ($0.06) .
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Section 1511,11. WATER RATES, OTHER USES, SCHOOLS,,
FAIR GROUNDS, ETC: Water used for any purpose not herein-
before enumerated, or for schools, hospitals and similar
uses, shall be furnished and charged for either at meter
rates or at a special rate to be fixed by the City Council
under separate agreement with the consumer.
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Section 3531.2. WATER RATES. PRIVATE FIRE LINES::
Rates for private fire line service shall be determined
by the City Council. A permit from the Water Department
shall_ be necessary for any private fire line.
Section 3511.21. APPLICATIONS FOR WATER SERVICE: All
applications for water must be made out on the forms pro-
• vided by the Water Department and must be signed by the
applicant. .
All applicants other than real property owners holding
title by recorded deed to the property served mut deposit
with the Water Department, an amount equal to four (1+)
times the sum of the minimum charge for the type of service
rendered, but in no event less than Ten ($10.00) Dollars,
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as a guarantee that all water billsi fines and penalties
shall be paid by the applicant. The deposit shall not be
returned to the applicant unless the water service is dis-
continued, and then only in the event that all water bills,
finds and penalties of the consumer have been paid in full.
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Section.,353, 31:.211. WATER RATES. TURN ON CHARGES:
No charge shall be made for the transfer due to change of
ownership or occupancy. Where the owner or occupant requests
temporary .turn-off of water service, a charge of Three ($3.00)
dollars shall 'be made for restoring the water service to the
• premises.
Section 3532. WATER RATES. PAYMENT OF 'WATER RATES:
Whenever the distribution line, of the municipal water system
shall be duly connected with the premises of any person,
and the water turned on to such premises, the charge for
water shall be a charge against the person in possession of
the premises who used the water, and the charges shall con-
tinue so long as the water is turned on to said premises,
• whether the same is actually used or not.
Section .3532.1. DATE PAYABLE: All Water rates .are due
and payable at the office of the Huntington Beach Water
Department the day after mailing date of bill each montlC
or bi-monthly and shall become delinquent on the fifteenth
(15th) day thereafter and if not paid thirty (30) days after
• the mailing date the Water Superintendent is hereby direct-
ed,through his deputies,to shut off the water from the prem®
ises and the water shall remain shut off -until all rates,
fines. and penalties have been paid. When the supply of
water has been shut off for a violation of any ordinande or
of any rule, regulation, or requirement of the eater Depart-
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meat governing consumers of water, it shall not be turned on
again except upon payment of the amount due, together with
the additional sum of two and fifty one hundreds ($2.50)'
dollars which is hereby made a penalty for the failure to
pay the said rate, and to pay the Department for turning on
water.
Section_ 3532.11. VACATING PREMISES: Whenever a consum-
er shall vacate any premises, he shall immediately give
written notice thereof to the Water Department. Upon the
receipt of such notice, said Department shall read the
water meter, shut off the water from said premises and im-
mediately present the said consumer all unpaid bills for
water furnished by the City to him up to that time. There-
upon said consumer shall pay said bills to the Water Depart-
ment. In the event that said consumer shall have made a
deposit with said Department, as required in Section 3531.21
of this Article, the balance, if any, of such deposit shall
be returned to ,the consumer, after deducting therefrom the
amount of said bills. Until such notice and payments shall
have been made, said premises shall be deemed occupied by
such consumer and his liability continued.
Section 3513. CHANGE OF ADDRESS: Failure to receive
mail will not be recognized as a valid excuse for failure
to pay water rates when due. Change in occupancy of prop-
erty supplied with city water, and changes in mailing ad-
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dresses of consumers of city water must be filed in writing
at the Water Department on forms provided for that purpose.
Section 3533.1. RENEWING SERVICE: Each owner or occu-
pant of any premises previously connected with the city
water system desiring to renew the use of water shall make
• application for renewal of water service and upon payment
of all unpaid charges, if any, together with any turn-on
charge imposed by Section 3531.211, the water will be turn-
ed on.
Section 1511.2. ADJUSTMENT CP RATES: The Council shall
have the sole power to grant rebates from the rates spec-
ified in this Article to indigent persons and, in the event
• of an dispute as to the water rate to be y ute p paid by any con-
sumer, it shall determine the same.
Section 5. That a new Article is hereby added to the
Huntington Beach Ordinance Code, as part of Chapter 35, to-
wit: Article 354, entitled "REGULATIONS APPLYING TO USE
OF WATER" , said Article to consist of Sections 3540,3540.1,
• 3541, 3541.11 3541.111 3542, 3542.11 3543, 35442 3544.11
3544.11, 3544.129 3545, 3545.1, 3545.117 3545.12735461
3547, which new sections shall read in words and figures,
as follows:
Section 3540. USE OF WATER DURING FIRE: No person
shall use any water for irrigation or any steady flow dur-
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ing the progress of any fire in the City unless for protec-
tion of property, and all irrigation and sprinkling shall
immediately be stopped when an alarm of fire is sounded in
any part of the City, and shall not be begun until the
fire is extinguished.
• Section 3540.1. WASTAGE OF WATER: No person shall
waste water or .allow it to be wasted by imperfect or leak-
ing stops, valves, pipes , closets, faucets, or other fix-
tures, or use water closets without self-closing valves,
or use the water for purposes other than those named in
the application upon which rates for water are based, or
use it in violation of any of the provisions of any ordi-
nance of this City, provided further that no person shall
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drain or permit water to drain upon any public street or
alley, or over any private property not ,owned by such
person.
Section 3541. METERS. PROPERTY OF CITY. All water
service and water meters installed or required to be in
stalled by the City Water Department shall remain at all
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times the property of the City and shall be maintained, re-
paired and' renewed by the Water Department when rendered
unserviceable by northal wear ---:and tear.
Where replacements, repairs or adjustments of any
meter are rendered necessary by an act resulting from malice,
carelessness or neglect of the consumer or any member of
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his family, or any one employed by him, and any damage
which may result from hot water, or steam from water heater,
boiler or otherwise, shall be charged to and paid for by
such consumer to the Water Department on presentation of a
bill therefor; and in case such bill is not p aid, the water
shall be shut off. from such premises and shall not be turn-
ed on again until all charges are paid. No person shall
interfere with or remove from any service any water meter
where it has been so attached.
Section4l.l. METER TESTS: Where the accuracy of
record of a water meter is questioned, it shall be removed
at the consumer's request and shall in his presence be
tested in the shops of the Water Department by means of the
.apparatus there provided, and a report thereon duly made.
Both,...par.tes.:to :ahe test must accept the findings so made.
If .the test discloses an error against the consumer of
more than three (3%) percent of the meter' s registry, the
excess of the consumption on the three previous readings
shall be credited to the consumer's meter account, and the
Water Department will bear the entire expenses of the test,
and the deposit required as hereinafter prescribed shall be
returned. On the other hand, where no such error is found,
the person who has requested the test shall pay the charge,
fixed for such test.
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Section 3541.11. SAiE. DEPOSIT: Before making a test
of .any meter, the person requesting such a test shall, at
the time of filing his request, make a deposit with the
Water Department of the amount charged for such a test,
subject to the conditions herein stated, which charges are
• fixed as follows:
(1) For testing 5/8 inch meters. . . . . . . . . . . . .$2.50
(2) For testing 1 inch meters. . . . . . . . . . . . .$2.50
(3) For testing 1* inch meters. . . . . . . . . . . . .$5.00
(1+) For testing 2 inch meters. . . . . . . . . . . .$10000
(5) For testing 4 inch meters. . . . . . . . . . . .$40.00
No meter shall be removed, or. in any way disturbed,' nor
the seal broken, except in the presence of or under the
direction of the Superintendent .
• Section 3542. . METERS ON CURB LINE: All meters of the
Water Department shall be placed at the curb line of the
street or near the property line in alleys, whenever and
wherever practicable, and be protected and maintained as a
part of the operation of the Department.
Section 3542.1. METERS INSIDE PREMISES: Where a
water meter is placed inside the premises of a consumer,
for the convenience of said consumer, provisions shall be
made for convenient meter reading and repairing by represent-
atives of the Department. Failure to make such provisions
by the consumer shall be sufficient cause for removal of
such meter at the option of the Superintendent of the Depart-
ment and the withholding of service until installation is
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-made at the curb line as herein provided.
Section 3541. CONSUMER'S RESPONSIBILITY: The City
shall in no way whatsoever be responsible for any damage to
person or property because of any leakage, breakage or seep-
age from, or accident or damage to any meter or pipe situat-
ed within any private premises, and said City shall not be
responsible for any leakage , breakage or seepage from any
pipe situated between any meter properly installed at the
curb and the private premises served thereby nor shall said
City be responsible for or on account of any damage, injury
or less occasioned directly or indirectly by the existence
of any meter or pipe situated upon private property.
• Section 3544. USE OF FIRE HYDRANTS: Public fire hy-
drants shall be placed, maintained and repaired by the Water
Department. Any damage thereto by persons or agency other
than representatives of the Fire and Water Departments,
shall be a claim against the person or agency committing
such damage, and the Superintendent shall take such action
• as may be necessary to collect the same.
Fire hydrants are provided for the sole purpose of ex-
tinguishing fires and shall be used otherwise only as herein
provided for, and shall be opened and used only by the Water
and Fire Departments or such persons as may be authorized to
do so by the Chief of the Fire Department, or the Superintend-
ent. of the Water Department as herein provided.
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Section 15� SAME. PERMIT FOR: All persons desiring
to use water through fire hydrants, or other hydrants, owned
or controlled by the City, shall be required to obtain a
permit, first, from the Chief of the Fire Department, second,
from the Superintendent of the Water Department, who shall
issue no such permit to any person who has violated any of
the provisions of this Ordinance or whose indebtedness to the
City for water used or damage to hydrants or equipment is
delinquent. All such persons having permit for use of water
from the fire hydrants must provide hydrant wrenches for the
operation of such fire hydrants.
Section 3544.11. SAME. CANCELLATION OF PERMIT: Permit
• for the use of water through the fire hydrants of the City
may be cancelled at the will of the Superintendent on evi-
dence that the holder thereof is or has violated the privi-
leges conveyed thereunder. Such notice of cancellation shall.
be in writing delivered or mailed to the persons to be noti-
fied and shall be immediately effective and enforced.
• Section 1544.12. -`OBSTRUCTING FIRE HYDRANTS: No per-
son shall obstruct the access to any fire hydrant by plac-
ing around or thereon any stone, br .ck, lumber, dirt or
other material, or wilfully or carelessly injure the same,
or open or operate any fire hydrant, or draw or attempt to
draw water therefrom, except as provided in Section 3544.1.
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Section 351+5• REPAIRS OR EXTENSIONS: The Water 'De-
partment shall not accept any responsibility for the main-
tenance of pressure and it reserves the right to shut off
the water from any premises, or from any part of the distrib-
uting system, as long as necessary without notice to consum-
• ers,.,at any time of emergency, but in all cases of extensions
or connections, said Department shall notify occupants of
the premises of the necessity of shutting off water and the
probable length of time the water shall be so shut off before
taking such action.
Section 3545.1. DRAWING WATER INTO STEAK! BOILERS: No
stationary steam boiler shall be connected directly with the
water distribution system of said City, but in each and every
case a, suitable tank of storage capacity sufficient for a
twelve hours supply for said boiler shall be provided and
the service pipe supplying said tank shall discharge directly
into the top of said tank.
Section 3545s12. REPORT OF VIOLATIONS: It shall be
• the duly of the employees of the Police, Fire and Street De-
partments to give vigilant aid to the Superintendent in the
enforcement of the provisions of this Ordinance and to this
end they shall report all violations thereof which come to
their knowledge, to the Water Department and it shall be the
duty of the Chief of the Fire Department to report immediate-
ly to the Superintendent in case of fire in premises having
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metered service for fire protection purposes that fire has
occurred there.
Section 3546. SALE OF WATER OUTSIDE CITY PROHIBITED:
It shall be unlawful for the City Water Department to sell
water to consumers outside the City, or to allow any con-
sumer outside the City to use any water furnished by the City
system unless the City Council shall by Resolution deter-
mine and declare ,a surplus of water exists in excess of
that required by the inhabitants of the City.
Section 3547. PROTECTING CROSS-CONNECTIONS: An approv-
ed doublechecked valve or other approved back flow protect-
ion devices shall be installed in all existing water systems
of all consumers within ninety (90) days of the passage of
this Ordinance and in all systems installed thereafter, at
the expense of the consumer, before service will be contin-
ued or granted when any one of the following conditions
apply:
A. Conditions.
(1) Where an unapproved&esh water supply is
already available from a well, spring, reser-
voir or other source. If the consumer agrees
to abandon this other supply and agrees to
remove all pumps and piping necessary for the
utilization of this supply the installation
of backflow protection devices will not be
required.
(2) Where salO water or water otherwise polluted
is available for industrial or fire protection
purposes.
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(3) Where the premises are or may be engaged in in-
dustrial processes using or producing process
waters or liquid industrial wastes, or where
the premises are or may be engaged in handling
sewage or any other dangerous substance.
(4) Where the circumstances are such that there is
special danger of back flow of sewage or other
contaminated liquids through plumbing fixtures
or water-using or treating equipment, or
storage tanks and reservoirs.
(5) Where the premises are used for a trailer park.
B. Other Conditions.
(1) Under special circumstances when the consumer
is engaged in the handling of especially danger-
ous or corrosive liquids .of industrial or
process waters, the City may require the con-
sumer to eliminate certain plumbing or piping
connections as an additional precaution and as
a protection to the backflow preventive devices.
(2) As a protection to the consumer's plumbing
i system, a suitable pressure relief valve must
be installed and maintained by him at his ex-
pense, when check valves or other protective
devices are used. The relief valve shall be
installed between the check valves and the
water heater.
(3) Whenever backflow protection has been found
- - necessary on a water supply line entering a
consumer's premises then any and all water
supply lines from the City' s mains entering
such premises buildings or structures shall
be protected by an approved backflow device,
D regardless of the use of the additional water
supply lines.
(4) Two or more services supplying water from diff-
erent street mains tv the same building struc-
ture or premises through which an inter-street
main flow may occur, shall have a standard
check valve on each water service to be locat-
ed adjacent to and on the property side of the
respective meters.
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(5) Such . check valves shall not ,be considered ade-
quate if backflow protection is deemed necess-
ary to protect the City's 'mains from pollution.
or contamination but the installation of ap-
proved dual bac;1low devices at such meters
shall. take the place of, and satisfy the re-
quirement for standard check valves.
(6) The double check valve or other approved back-
- - flow protection devices may be inspected and
tested periodically for water tightness by the
City.
(7) The owner of any premises on which or on ac-
count of which check valves or other protective
devices are installed shall inspect these de-
vices for water tightness and reliability at
least every three months. The devices shall
be serviced, overhauled, or replaced whenever
they are found defective and all costs of re-
pair and maintenance shall be borne by the con-
sumer. Certified records of such inspections
and operations will be required by the City.
(8) The service of water to any premises may be
immediately discontinued by the City if any
0 defect is found in the check valve installa-
tions or other protective devices, or if it
is found that dangerous cross connections
exist. Service will not be restored until
such defects are corrected.
Section 6. That a new Article is hereby added to
the Huntington Beach Ordinance Code, as part of Chapter 35,
to-wit: Article 355, entitled "Extension of Water Mains",
said Article to consist of Sections 3550, 3551, 3552, 3553,
3554, 3556, 355601, 3556.2 and 3557, which new sections
shall read in words and figures as follows:
Section 3550. APPLICATION. DEPOSIT. INSTALLATION:
Any person, as owner or subdivider of a single lot, subdiv-
ision, or tract of land, who desires the extension of water
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mains and services to such lot, subdivision or of land,
shall file a written application with the Water Department.
Any number of persons may join together in a single appli-
cation.
(a) The Water Department shall determine the
• size, locations and total costs for such extension, and
shall on approval of such extension, collect from the appli-
cant a deposit covering the total estimated cost of install-
ing all facilities from the nearest existing main line of
adequate capacity.
(b) The term "all facilities" includes distribution
mains, services, fire hydrants, etc.
(c) If and when the .applicant has complied with
• all requirements of the Water Department and made the depos-
it as herein required, the Water Department shall install such
mains and .services, subject to provisions of paragraph (d)
below, such line shall thereupon become and remain the prop-
erty of the City Water Department.
(d) In the event the deposit was in excess of the
• actual cost of installation the excess amount shall be return-
ed to the applicant. In the event the deposit was less than
the actual cost of installation the applicant shall immediate-
ly pay to the Water Department the deficit.
(e) If in the opinion of the Superintendent of the
Water Department it is for the best interests of the City,
he may authorize the applicant to install said extension lines
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•
at applicant 's sole cost and expense in accordance with spec-
ifications approved by the Superintendent, and such line shall
thereupon become and remain the property of the City Water
Department.
Section 3551. REQUIREMENT FOR OVERSIZE MAIN LINE
EXTENSIONS: Whenever an application for extension of a main
line is received the Superintendent shall determine whether
the best interests of the City Water System would be served
by a line larger than required by the applicant's need. In
the event the Superintendent so determines, he shall require
the larger size line to be installed.
Section 1552. DETERMINATION OF SUPERINTENDENT FINAL:
• The determination of the Superintendent of the Water Depart-
ment as to the size of the line necessary to meet applicant' s
need and his determination of the size of the line which
would best serve the interests of the City water system shall
be final and binding on applicant.
Section 1553. INSTALLATION OF OVERSIZE MAIN LINE
• EXTENSIONS: When the Superintendent of the Water Department
has determined that the City water system will be best served
by a line larger than needed for applicant' s use, the Super-
intendent shall require the installation of 'such oversize
line in accordance with the provisions of Section 3550 hereof.
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21.
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•
Section 355I+. COST OF INSTALLING OVERSIZE MAIN
LINE EXTENSIONS: The cost of installing the oversize line
shall be paid for by applicant-, subject to the provisions
for refunds as hereinafter set forth.
Section_ 3556: AMOUNT OF REFUND:
•
(a) The Superintendent shall determine from cur-
rent price lists the cost per foot of the size pipe which
is required to be installed by the Superintendent.
(b) The Superintendent shall then determine from
current price lists the cost per foot of the size pipe which
would serve applicant' s need, or the cost per foot of 'a size-
inch pipe, whichever is greater.
• (c) The Superintendent shall then subtract the
pipe cost arrived at in subsection (b) above from the pipe
cost arrived at- in subsection (a) above. This multiplied
by the number of feet of pipe to be installed for the main
line extension shall be the refund to which applicant is en-
titled, subject however to the provisions of Sections 3556.1
and 3556.2 of this Ordinance. The determination of the Sup-
erintendent of the cost of pipes shall be final and binding
on applicant.
Sections 3556.1 METHOD OF PAYING REFUND TO APPLI-
CANT:
(a) The refund as computed pursuant to Section 3556
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Ord. No.674
•
or a portion thereof shall be paid to applicant by the City
from the service fees paid by applicant pursuant to Section
3530 of this Ordinance, upon the satisfactory completion of
the installation.
(b) In event such service fees do not equal the
• amount of refund payable to applicant the balance of the re-
fund shall be payable as follows:
(1) Upon receipt by the City service fees pro-
vided for in Section 3530 of Article 353 of this Ordinance
from a person or persons who make a connection directly into
the main line extension paid for by applicant, the City shall
refund to applicant sixty (605%) percent of each such amount
received until applicant has received the full balance of
• his refund.
Section 3556,2 CONDITIONS GOVERNING REFUNDS: Not-
withstanding any other provisions of this Ordinance, the pay-
went of refunds shall be governed as follows:
(a) Refunds shall be payable for a period of five
years only from the date of applicant's application for main
line extension.
(b) Refunds shall be payable only to the original
applicant or applicants. Upon the death of applicant, the
right to refund shall terminate. In the event applicant is
a partnership or corporation, the dissolution of the partner-
ship or corporation shall terminate the right to refund.
•
25.
Ord. No. 674
(c) The City and City Water Department shall not be
liable for the payment of any refund by reason of its fail-
ure to collect or receive from any person the service fee
for connecting into main line extension paid for by appli-
cant.
. (d) Refunds shall bear no interest.
(e) In the event no direct connections are made
into the main line extension paid for by applicant during
.. said five (5) year period, the right to any refund shall
terminate.
(f) The City Water Department' s refusal to allow
any connection or connections into the main line extension
paid for by the applicant shall not make the City or City
Water .Department liable to applicant for any refund which
might have accrued to applicant if such connection had been
permitted.
(g) The City retains the right to allow any agency
exempted from payment of the service fee provided for in
Section 3530 of Article 353, to connect into any main line
extension paid for by an applicant and no liability for re-
fund shall be created by such connection.
Section 3557. WATER RIGHT TO BE DEEDED: Whenever
land is to' be subdivided, any water wells, mains and ease-
ments needed therefor, which may be appurtenant thereto or
which may be used exclusively thereon, shall be deeded to the
Ord. No. 674
•
City in consideration of the City approving any application
for City water to be placed on such tract or subdivision.
The deed to the City shall be executed before any such appli-
cation shall be approved by the Superintendent.
However, where water wells and equipment, as de-
0 scribed in the paragraph above, are used to supply water to
additional land not subdivided, the City may allow such wells
and equipment to continue to supply such un-subdivided portion
until such time as such parcel is subdivided into four (1+)
or more, parcels of land containing five (5) acres, or less.
Section 7. PENALTIES: Any person whether acting
as principal, agent, officer, clerk or employee, who shall
violate any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than five-hundred
($500.00) dollars, or by imprisonment in the City or County
Jail for a period not exceeding ninety (90) days, or by
both such fine and imprisonment.
• Section 8. SEVERABILITY: If any provision of
this Ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not af-
fect other provisions or applications of the Ordinance which
can be given effect without the invalid provision or appli-
cation and to this end the provisions of this Ordinance are
declared to be severable.
•
27.
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Ord. No. 674
•
Section 9. That the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause
the same to be published by one insertion in the Huntington
Beach News, a weekly newspaper published, printed and cir-
culated in the City of Huntington Beach, Orange County,
• California, and thirty (30) days after the adoption thereof
the same shall take effect and be in force.
PASSED AND ADOPTED by the City Council of the City
of Huntington Beach, California, this 4th day of
November 1957.
•
e -
,Mayor - prote
l 'I
ATTEST:
• City Clerk
•
� nQ
Ord. No. 674
STATE OF CALIFORNIA )
County of Orange ) ss
City of Huntington Beach )
I, JOH1V L. HENRICKSEN, the duly elected, qualified
. and acting City Clerk of the City of Huntington Beach, and
• ex-officio Clerk of the City Council of said City, do here-
by certify that the whole number of members of the City
Council "of, the City of Huntington Beach is five; that the
foregoing ordinance was first read to said City Council
at a regular meeting thereof held on the .2` day of
October, 1957, and was again read to said City Council at
a regular meeting thereof held on the 4th day of
November , 1957, and was passed and adopted by
•
the affirmative vote of more than a majority of all the
members of said City Council as follows:
AYES: Councilmen:
Lockett, Irby, Bartlett, Bryant.
NOES: Councilmen:
None.
0 ABSENT: Councilmen:
Terry
ty Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California