HomeMy WebLinkAbout534 - Water SystembROINANCE NO. 634
'fHF. CITY COUNCIL OF T'JR
CITY OF NEWPORTIip;AC"
DOES ORDAIRT AS FOLLOWS!
Section 1. WATER SYSTEM.
The municipal water system o'
the City of Newrort Peach is here
by declared to embrs.ce and includ-
ail- property of ever! character
real, personal. and mixed. now nsc-
in or incident to the production
storage, conveyance and deVverr
of water to the consumers there —'
in the City o° Newport Peach. to
gether with all other property of
every character that may here
After from time to time be added
to it for such purposes.
Section 2. SUPERINTENDENT.
The City Council shall anoint r
suitable person to the office of
Superintendent of the municipal
water system of the City of New-
port Beach. who shall serve. only
during the pleasure of the C'ty
Council: the Superintendent of thr
municipal water system shall have
All the power and authority given
him by this ordinance and sha'1
perform the duties now hereafter
Imposed upon him by ordinance
and the orders of the City Council.
The Superintendent of the mu-
nicipal water system shall receive
for his services the compensation
from time to time fixed by the City
Council and shall be paid monthly.
The Superintendent of the mu-
nicipal water system shall have
full authority to employ and dis-
charge all persons necessary to be
employed by him in the mainten-
ance and operation of the munici-
pal water system, but shall be
authorized to pay only such wages
or per diem pay as the City Coun-
cil may have previously fixed and
established.
He shall also have authority to
purchase all needed fuel, supplies
and equipment for the maintenance
and operation of the municipal
water system when the expendi-
ture does not exceed the sum of
$500.00. in all other cases the same
shall be purchased only upon auth-
orization of the City Council, and
as provided for by law.
The w Ord "Superintendent."
wherever used in this ordinance.
shall be held and construed to
mean the Superintendent of Water
Department of the City of Newport
Beach. and any act in this ordin-
ance required or authorized to be
done by the Superintendent, may
be done on behalf of the Superin-
tendent by an authorized officer or
employee of the Water Depart-
ment. The word "person" wherever
used in this ordinance shall be
held to mean and include natural
persons of either sex. associations,
co- partnerships and corporations.
whether acting by themselves or
by a servant, agent or employee:
the singular number shall be held
and construed to include the plural
and the masculine pronoun to in-'
elude the feminine.
Section 3. UNLAWFUL TO OB-
STRUCT DUTIES OF
EMPLOYEES.
It is hereby declared unlawful
and a misdemeanor for any person
to interfere with or obstruct the
Superintendent of the municipa;
water system, or any of his duly
appointed agents servants or em-
ployees, in the execution of any
lawful order of the City Council.
or the provisions of this ordinance
in the maintenance and operation
of the municipal wafer system.
Section 4. UNLAWFUL TO IN-
TERFERE WITH
PIPES.
Every person, other than the
Superintendent of the municipal
water system, his duly appointed
agents, servants and employees.
who removes, changes, disturbs,
or in any way tampers or interferes
wifh any of "the facilities. apha- t nary to enforce "such previsions ae
rats +s.'anp!ian ^es. or property used • to collrections pl, -eadv r-ade.
or r•nictained for the production. Section 6. SERVICE FEES.
otnfpe'p. o- snrinly o` v✓ater by the No service connection less than
City of Newport Reach b, con:vm- `hree- 'onrtbs (%) inch in size shall
ers tberecf. or who. without law- be installed.
ful authority. and nrior permission The fees for the installction of
of the Superintendent of the water "star services or f -r enlarging
s,'stem. tarns t`•e lvater on or turns chose already in shall be as fol-
the water off from. the premises
,r plr -e shall he deemed guilty of
m'ede^-eanor.
Section 5. NPVV WATER CON -
NECTIONS.
No person is or shall be author
ized to install any pipe, apparatus
nppl'ance or connection with the
,r:uniciral water system except the
Super'ntendent thereof, or his duly
appointed agents, servants and em-
olovees, and every other person
.vho shall make env each installa-
tion or connection shall be deemed
guilty of a misdemeanor.
Every owner or tenant of the
Premises who shall desire to con-
nect his or her property with the
municipal water system for the
purposes of having water furnish-
ed to such premises shall make a
written application to the Superin-
tendent of the municipal water
system, describing the premises to
be connected therewith, the size
of the pipe by which the connection
is desired to be made. setting forth
the address of the owner and the
person to whom all notices are to
be mailed: the said application
shall contain an express agreement
on behalf of applicant that the
water to be used on the premises
shall in all respects be used sub-
ject and subordinate to the ordin-
ances and the orders of the City
Council, and lawful regulations of
the Superintendent of the water
system.
Upon the presentation at the of-
fice of the Water Department of
the receipt for the insta11adon, of
fees and execution of the agree-
ment hereinbefore provided for.
ill Superintendent shall cause the
premises described in the appli-
cation, if the same abut upon the
street or alley upon which there
is a city water main, to be con-
nected with the city's water main
by a service pipe extending from
the main to the curb line on the
front of the property or to the
side thereof or rear thereof, and
including a stop -cock placed, which
service pipe and stop -cock shall
thereafter be maintained by and
kept within the exclusive control
of the city. In cases of application
for water service on premises not
abutting upon a street or alley
Upon which there is a city water
main. the city will lay its service
pipe from the main toward the
premises for a distance equal to
the distance from the main to the
curb line on property line, said
distance in no case to exceed 100
feet, and permit connection there-
with by means of a union and pipes
laid at the expense of and main-
tained by the owner of the service,
or may in the discretion of the Su-
perintendent, upon the payment of
the actual cost thereof extend the
service to the premises of the ap-
p'.icant along and beneath any
Public street, right of ways, alleys
or avenue of the City of Newport
Beach, but not otherwise.
Where there is a water main in
front of any premise, every prem-
ise supplied by city water shall
have its own separate service con-
nection with the city main, and
the premises so supplied will not be
allowed to supply cater to any
other premises, except temporarily
where there are no mains in the
street: provided that -such restric-
tions shall not apply to services
already to
unless in the
judgment of the Superintendent.
for the good of the service or to
settle disputes, it Is found nee,-!
Ows:
. For a three - fourths inch
service ----------- ___ ....... $20.00
°'or a one inch (1 ") service.... 30.Ob
For a one and one -half inch
(?� ") service 40.06
For a two inch (2 ") service_ 65.00
For size-, larger than two inch
(2 "). or where it becomes neces-
^cry to open paved scree`•., the ac-
tual Cost or labor and material in
iavinrT Stich a service and replac-
'ng the rinvement shall be charged
. nlus .11 ner cent for overhead. In
such cases tl:e cost of material and
labor ainil he estimated by the
Superintendent and the estimated
cost ehall be paid to the City
ln'ater Department by the person
applying for such installation be-
fore the !Mori: of connecting the
train with the property is bbgun;
provided. that whenever the esti-
mated cost is not sufficient to
cover the tctnl expense for labor
and material the deficit shall be
charged to the property for which
Stich installation was made and
to the owner thereof: provided fur-
ther, that any excess paymentshall
be returned to the parson applying
for the installation.
Section 7 ..... SERVICE TO SEP-
ARATE BUILDING&-
Each building fronting upon a
street and supplied with water by
the Water Department: wli ich has
a meter must have a direct service
connection. with the main except
that in cases where two or more
such buildings.�.owned'by the same
person, are built upon a lot having
a frontage of 50 feet, or less, said
buildings may be served by one
service pipe and one meter.
Section a. WATER RATES.
The water rates to be charged
and collected montbiv from con -
-umers of dater supplied by the
City of Newport Beach to inhabi-
tants of the City of Newport Beach
or to any firm, company, associ
ation or corporation, are hereby
establisied and the Water Depart•
ment is hereby authorized and di-
rected to charge and collect the
same in accordance with the pro-
visions of this Ordinance.
(a) titter Rates:
Where water is furnished
through a meter for domestic use
and all business purposes other
than agricultural. the monthly rate
for water consumed shall be as
I ollows:
For % inch meters, first
700 feet or less ........................$1.00
For % inch meters, first
700 feet or less ........................ 1.00
For 1 inch meters, first
1,000 feet or less. ....... 1.30
For 1,A inch meters. first
1,300 feet or less ......:............. 1.60
For 2 inch meters, first
1.600 feet or less .....................1.90
For 3 inch meters, first
1,800 feet or less .................... 2.10
For each additional 100 cu. ft.
and up to and including
4.000 cu. ft., per 100 ell. ft. .10
For all over 4.000 cu. ft. and
up to and including 20.000
Cu. ft.. per 1o0 cu. ft. . __. ___ .08
For all above 20.000 ca. ft..
per 100 cu. ft......_ ................... .05
(b) Flat Rates.
IVIl n v✓atcr is furnished not
through a meter, a charge for each
connection shall be made of $1.50
Per month; provided that when the
water is paid for annually in ad-
vance the charge shall be $15.00
per annum.
Provided. further, the City of
Newport Beach shall have the
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Sight to insta'1 water meters on
any and all water serv'ces, and
when meters are installed on water
;Services, the charges for 'watd'Y'
used through said meters shall be
in accordance with the meter rates
bereinbefore set forth.
(c) Construction Purpos_s.
Water supplied for construction
purposes where meters are not In-
stalled or used. the following flat
rates are hereby established,
Per each 100 lineal feet , t
of curb ..............................
For each 100 square feet
of sidewalk ............................ 0.10
For each 100 square feet
of concrete pavement .......... 0.20
Por each barrell of cement
used for other construction.. 0.16
For setting eaoh 100 1.neal
`eet of backfill in trenches
not over 3 ft. in depth.......... 0.80
For each addit:cnal foot
in depth ............... ...... ........... 0.261
For settling each 100 sq. ft.
of graded earth street.......... 0.04
For settlingg each 100 sq. ft.
of graded sand subgrade...... 0.06
(d) Other Uses:
Water used fir all other pur-
prses not hereinbeforc enumerated,
shall be furnished and charged for
either at meter rates or at a 9pec-
ial rate to be fixed by the City
Council under separate agreement
with the consumer.
Soction 9. PRIVATE FIRE LINES
Rates for private fire line serv-
ice, except where automatic
Sprinklers are installed, when
meter is not required, within the
City.
2 inch service $10.00 per annum,
payable semi- annualiv.
4 inch service $15.00 per annum,
payable semi - annually.
6 inch service $20.00 per annum
payable semi - annually.
8 inch service $7.5.09 per annum,
payable semi - annually.
-If Stich line is found tapped for
domestic use, a meter shall be in-
stalled on such service at the ex-
pensa of such r.cnsumer and the
regular meter rites shall be charg-
ed thereafter.. ine right shall be
reserved to disconnect such fire
Service from the city's main by di-
rection of the City Council on
recommendation of the Superin-
tendent of the Water Department.
Section 10. TURN -ON CHARGES
When water service to any prem-
ises has been turned off because
of non - payment of bill or violation
of this ordinance, or ordered by
the owner or tenant, a charge of
$LN, shall be made and collected
for ea ^.h service on the premises
before water Ben-ice w1;l be re-
stored.
Section 11. PAYMENT OF
WATER CHARGES.
Whenever the distribution line or
lines o" the municipal water sys-
tem shall be duly connected with
the premises of any person, and
the water turned on to such prem-
ises, the charges for water shall
be a charge against the person in
rosscssirn of the premises who
used the water, and the charges
shall cc, tinue so long as the water
Is turned on to said premises,
w-hetber the same is actually used
or not.
All charges for water sha'l be
Payable on the first day of each
month succeeding tie month in
v,hich the vrater was furnished:
every charge for "Ater that is not
Paid by the hour of five o'ciock
P. M. of the tenth day of the
month in which it be ^oi..es due
shell be deen-ed cclinonent, and
trcrcafter said water may be turn.
ed off from the prer:iscs.
The Superintendent of the mu-
ric +pal water system shall, on or
be'rre the first day of each month,
mail to each consumer whose
premises are connected with the
municipal water system a true and
'ectvrnte statemeni.of the impaidl
rltarges due the City of Newport
Beach for water furnished to such
premises, aett'ng forth that unless
said ebarges are paid on or before
the 10th day of the month, the
Same Shall thereupon become de-
linquent, and that unless the de-
linquent charges are paid prior to
the twenty -fifth day of the month
the water will be turned off from
said premises, without further
notice, and will not be turned on
again until said charges, together
with a turn -en charge as specified
In Section 10, has been paid.
At the close of business on the
twenty -fifth day of each month
the person in charge of the books
of the municipal wafer system
shall furnish to the Superintendent
of the water system a list setting
forth the premises, the name of the
owner and tenant upon which the
water charges remain unpaid, to-
gether with the amount thereof
and it is hereby made the imp2r-
ative duty of the Superintendent of
the water System, on the next busi-
ness day, to turn the water off
from said premises, and not to
turn the same on again until all
charges, and the turn -on charge as
specified in Section 10 shall have
been well and truly paid.
§sciion 1' . TENANT DEPOSIT.
In the event that the applicant
foI' water Service shall not be the
owner in fee of the property to be
supplied with water and such own-
er of the premises shall refuse to
be j Willy liable for the payment
of the water bills, the Water De-
partment shall require a deposit of
three dollars ($3.00) on average
dwellings.
On larger residences, commercial
service, or where conditions neces-
sitate a larger consumption, the
deposit shall. represent an esti-
mated amount equal to not less
than two months estimated maxi-
mum consumption. Such estimate
shall be made by the Superintend-
ent of the municipal water system.
When the foregoing conditions
are fulfilled, the Water Depart-
ment is then obligated to turn on
the water for the qualified con-
sumer.
Section 13. VACATING PREM-
ISES.
Whenever a consumer shall va-
cate any premises, he shall immed-
iately give written notice thereof
to the Water Department. Upon
the receipt of such notice, said de-
partment shall read the water
meter, shut off the water from said
premises and immediately present
to said consumer all unpaid bills
for water furnished by the city to
him up to that time. Thereupon
said consumer shall pay said bills
to the Water Department. In the
event that said consumer shall
have made a deposit with said de-
partment. as required in Section 12
' of this Ordinance, the balance, if
any, of such deposit shall be re-
turned to the consumer, after de-
ducting therefrom the amount of
said bills. Until such notice and
payments shall have been made
said premises shall be deemed oc-
cupied by such consumer and his
liability continued.
Section 14. CHANGE OF
ADDRESS.
Failure to receive mail will not
be recognized as a val'd excuse
'or failure to pav water rates when
due. Change in occupancy of prop-
erty supplied with city water and
changes in mailing addresses of
consumers of city water must be
filed in writing at the office of
the Superintendent on forms pro-
vided for that purpose.
Section 15. RENEWING SERV-
ICE.
Whenever the owner or occupant
of any premises previously con-
nected with the city water system
desires to renew fire use 6f Wafer
he shall make application for re-
newal of water service and upon
payment of all unpaid charges, if
any, together with a turn -on
charge as specified in Section 10,
the water will be turned on.
Section 16. TTSF OF WATER
DURING A FIRE.
It shall be unlawful for anv per-
son to use any water for irrigation
or any steady flow during the
progress or any fire in the city,
unless for the protection of prop-
erty, and all irrigation and sprink-
ling shall be immediately stopped
when an alarm of fire is sounded`
in any part of the city, and shall
not be begun again until the fire.
is extinguished.
Section 17. WASTAGE OF
WATER.
It shall be unlawful for any per.
.son to waste water or allow it to
be wasted by imperfect or leaking
stops, valves, pipes, closets, faucets
or other fixtures, or to use water
closets without self - closing valves,
or to use the water for purposes
other than those named in the ap-
plication upon which rates for
water are based, or to use it in
violation of any provisions of this
Ordinance.
Section 18. METERS PROPERTY
OF CITY.
All meters, unless otherwise
authorized by the Superintendent,
shall be and remain the property
of the city and will not be removed
unless the use of water on the
premises is to be entirely stopped
or the service connection discon-
tinued or abandoned. In all cases
where meters or meter boxes are
lost, injured or broken by careless-
ness or negligence of owners or oc-
cupants of premises, they shall be
replaced or repaired by or under -
the direction of the Superintendent
and the cost charged against the
owner or occupant, and in the case
of non - payment the water shall be
shut off as provided in Section 11-
In the event of the meter getting
out of order or falling to register
properly the consumer shall be
charged on an estimate made by
the Superintendent on the average
monthly consumption during the
last. three months that the same
was in good order or from what
he may consider to be the most
reliable data at his command.
Section 19. 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 ap-
paratus there provided, and a re-
port thereon duly made. Both
parties to the test must accept the
findings so made. If the test dis-
closes an error against the con -.
Sumer of more than three per cent
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 expense of the test,
and the deposit required as here-
inafter prescribed shall be return-
ed. 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.
Before making a test of 'any
meter the person requesting. such
a test shall at the time of filing
his request with the Superintend-
ent, make a deposit with the City
Water Department of the amount
charged for such a test, subject
to the conditions herein stated,
which charges are fixed as follows:
For testing %' meters ..............$1.00
For testing 1" meters ................ 1.50
For testing Ii/,,, meters............ 1.50
For testing 2" meters ................ 2.00
For testing 3" meters ................ 3.00
For testing 4" meters ---- :........... ¢;60
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For testing 6" meters ---------- - ---- 5.00
No meter shall be removed, or in
any way disturbed, nor the seal
broken, except in the presence or '..
under the direction of the Super-
intendent.
Section 20. CONSUMER'S RE-
SPONSIBILITY.
All meters of the Water Denart
ment shall be placed at the cur:
line of the street or near the pr ^n
erty line in alleys, whenever am
wherever practicable, and be pro
tected and maintained as a part c
the operation of the department.
Where a water meter is places
inside the premises of a consumer.
for the convenience of said con
Sumer, provisions shall be mad -
for convenient meter reading an'
repairing by representatives of tb•
department. Failure to make suet
provision by the consumer shell b'
sufficient cause for removal o
such meter at the option of th,
Superintendent of the departmen'
and the withholding of service un-
til connection is made at the curb
line as herein. provided.
The City of Newport Beach shall
in no way whatsoever be respons-
ible for any damage to person or
property because of any leakage,
breakage or seepage from or ac-
cident or damage to any meter or
pipe situated within any private
premises, and said city shall not
be responsible for any Ieakage,
breakage, or seepage from any
pipe situate between any meter
property installed at the curb and
the private premises served there-
by, nor shall said city be respon-
sible for or on account of any
damage, injury or less occasioned
directly or indirectly by the ex-
!stance of any meter or pipe situ-
ate upon private property.
Section 21. USE OF FIRE
HYDRANTS.
Public fire hydrants shall be
placed, maintained and repaired by
the water department. Any damage
thereto by persons or agency other
than representatives of the fire or
water department, shall be a claim
against the person or agency coni-
mitting such damage, and the Su-
perintendent of the water depart-
ment shall take such action as
may be necessary to collect the
same.
Fire hydrants are provided for
the sole purpose of extinguishing
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 Superintendent
of the Water Department as here-
in provided.
All persons, firms or corpor-
ations 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 o' the Water
Department who s'mll issue no
such permit to, anv person who has
violated anv of the provisions of
this ordinance or w ^oee indett_ed-
ness to the city for water used
nr damage to hydrants or equip-
ment is delinquent. And a't son>
ne *sons bav'ng permit for use of
water from the fire hydrants ipttat
:;rovide hveraat wrenches for the
operati^n o' s---^h fire hydrants.
Permit for the use of water
tbrorgh the fir_ hv: rants of th,
^itv rav be caneel'ed at the w l'
-f t::e °uper.ntcrdent o` the Water
Department o-i cv'.denre that th,
'colder Iereof :a or has violated
the privileges conve,�cd thereunder
Such notice o' cance'laiion shall be
`n writing offi°_ia1v deui--n d b
the persons to be notified and shall
be immediately e-- `'fective and en-
forced.
Section 22. TINI,AWF'irT TO OD-
STRUCT FIRE
HYDRANTS.
It shall be unlawful for any per.
eon to obstruct the access to an,,
fire hydrant by placing around or
thereon any stone, brick, lumber.
dirt or other material or to wil-
fully or carelessly injure the same,
or to open or operate any fire
hydrant, or to draw or attempt to
draw water therefrom, except as
provided in Section 20 hereof.
Section 23, REPAIRS OR EX-
TENSION.
The City of Newport Beach re-
serves the right to shut off the
water from any premises, or from
any part of the distributing sys-
tem, as long as necessary, without
notice to consumers, at any time
when the exigencies of the oc-
casion n^ay require it, but in all
cases of extensions or connections,
said department shall notify con-
sumers 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 24...- DRAWING WATER
INTO STEAM
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 sup-
ply for said boiler shall be pro-
v'.ded, and the service pipe supply-
ing said tank shall discharge di-
rectly Into the top of said tank.
Section 25. RIGHT OF INSPEC-
TION.
Any officer, foreman or duly
authorized representative of the
water department shall at all times
have the right of ingress and
egress to the consumer's premises
at all reasonable hours for any
purpose reasonably connected with
the furnishing and conservation of
water, for the inspection of the
entire water system upop 79aid
nren-ia =s.
Section ➢". ^rrnrM OF CI4oj
CATIONS.
It shrd: be the duty a' the em-
n'ovees of flee Police. Fire and
At- cet Ttenartments to vigi-
lant aid to t:ie Penernter.dent in
the r.'- nrrn eat o' the pro,!Dlons
of tb'o Ord'nan^ . an,' to this end
the,, shp➢ rePnrt all dolations
therrol v-b:,h cone to their knowl-
edge, to the office of the Suner-
'ntonfenµ 9nd it s_a'1 be the duty
of floc (-,::i =f of Fire Dopa.rt; rent to
,enort it <mediately to the Super -
intencien.t in cese of fire in nrem-
ices hay.rg metered service for fire
rrctect :on purposes that fire has
oceared there.
Section 27. EXCESS WATER.
All excess water may be so'd by
the City of Newport Beach to co:i-
;ume ;'s outside of said city in the
manner provided by law.
Every sersoa wlh c'tall do or
'ail to r'n anv act in this Ordin-
ance declared to be unlawful shall
be guilty of a misderneanor and
i:pcn conviction thereof, in a court
of competent jurisdiction, be pun-
ished by a fine not exceeding
$100.00, or imprisonment not ex-
ceeding 15 days, or by both such
fine and imprisonment in the dis-
cretion of the court.
Section 28.
Ordinances Nos. 171, 277, 409,
431, 479. 481, and 520, and all
other ord7nances and parts of or-
d'nanccs in conflict with this Or-
dinance are hereby repealed.
The above and foregoing Ordin-
ance was introduced at a regular
meeting of the City Council of the
City of Newport Beach, held on the
2nd day of April, 1945, and was
finally passed and adopted on the
28th day of May, 1945, at an ad-
journed regular meeting thereof by
the following roll call vote thereof.
AYES, Councilmen: Allen, Stan-
ley, Isbell, Reed, Ball.
NOES, Councilmen: None.
AB;ENT, Councilmen: None.
The above and foregoing Ordin-
ance is signed and approved by me
this 28th day Co May, 1945.
CLYAN H. HALL,
Mayor of the City of
Newport Beach.
Attest:
FRANK L. RINEHART,
City Clerk.
Pub. —June 5, 1945.
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