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Ordinance No. 173ORDINANCE NO 173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A WATER DEPARTMENT THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Section 1 DEFINITIONS The following words and phrases when used in this Ordinance for the purposes of this Ordinance, have the meanings respectively prescribed to them in this Section (a) The term "Water Department' as herein provided is that certain department, branch, or function of the City of Cypress which cares for maintains and operates pumps, plants, mains, and all necessary facilities for the acquiring distributing and selling of water within the City of Cypress It shall include all officers agents servants or employees engaged in such work or service whether the same be employees engaged in such work or service whether the same be employed by the City Council of the City of Cypress or by the Water Superintendent (b) The term "Water Superintendent shall include the person designated by the City Manager of the City of Cypress to have charge of the supervision and administration of the Water Department by the City of Cypress (c) The term "Employee" shall include any person designated by the City Manager of the City of Cypress or the Water Superintendent of the City of Cypress to perform work and labor for the Water Department and in and about the business of said Water Department of the City of Cypress Section 2 CONNECTION CHARGES Applications to have water service installed shall be made to the Water Department The City shall charge and collect in advance for each tap and attachment made with its system for water works an amount as determined by the Council from time to time Section 3. RATES The rates to be charged and collected by the Water Department for water furnished by the City shall be as established by the Council from time to time Section 4 SERVICE OUTSIDE CITY No service connections shall be made with the water system of the City for the rendering of water service in any area not within the City limits, except as provided herein, and no service to any area within the City limits shall supply water to any area outside of the City limits except as provided herein even though such areas outside of the City limits may stand of record as owned by the same person or persons receiving water service on adjacent land within the City limits However, when the record owner of any parcel of land has signed a petition requesting that said land be annexed to the City as herein provided, and filed the same with the Clerk of the Council, temporary connection may be made with the water lines of the City for use on said land and water may be served from the City water lines for use on said land under such temporary connection during the znnexation proceeding If, for any reason, said land is not annexed to the City, such temporary service shall be terminated upon the termination of annexation proceedings and the water lines shall be physically disconnected and no further water served to said land until a further petition has been filed as herein provided for Any land outside of the corporate limits receiving water service from the City on the effective date of this Ordinance may continue to be served subject to all provisions of this Ordinance and all other rules of the City, at double the rates, charges and penalties herein specified for service within the City limits Ordinance No 173 Section 5 APPLICATIONS FOR SERVICE All applications to have water turned on or to transfer responsibility for water charges shall be made to the Water Department on the forms and in conformity with the procedure established by the Water Superintendent and all such applications must be signed by the record owner of the land or by his agent If said land stands in an ownership showing two or more names, the application must be signed by one of said record owners or the agent of said record owners All applications shall show the names of the record owner or owners, and the manner in which title is held In event the record owner or his agent is unable or unwilling to sign said application to have the water turned on, a tenant of the property may do so by showing the tenant's name on the application, together with the nature of the tenancy, and by making a cash deposit at the time of the filing of the application in an amount estimated by the Water Department to be equal to the charges for water likely to be supplied to said property during a period of three months This estimate shall be based upon the size of the meter, the nature of the use of said property, and the experience with other similar uses in the City, except that for each residential occupancy the deposit shall be that amount established by the City Council from time to time Said deposit may be refunded if and when all bills rendered have been paid before delinquent for a period of one year Section 6 REAL PROPERTY OWNER RESPONSIBILITY The owner of real property shall be responsible for the payment of all water consumed on said property, together with all penalties and charges in connection therewith when he or his agent has signed the application to have the water turned on Delinquent water accounts, including Charges and penalties, must first be paid before the water service will be turned on where the owner or his agent has signed for said water service, unless the new applicant offers satisfactory evidence of a change of ownership of said real property, which has become a matter of record in the office of the County Recorder of Orange County Section 7 PAYMENT OF WATER RATES AND PENALTIES. All water rates, charges and penalties are due and payable at the Water Department in the City Hall on the date of billing therefor and become delinquent 15 days after the date of such billing A penalty of 10% shall be charged on all unpaid water bills 30 days after the billing date If the bill remains unpaid 35 days after the billing date thereof the water shall be shut off from the premises and shall remain off until all charges, penalties and fines have been paid, unless the application to have the water turned on is accompanied by evidence satisfactory to the Water Department of change of ownership which has become a matter of record in the Orange County Recorder's Office, or where the application has not been signed by the record owner or his agent, evidence that there has been a change of tenants Upon receipt of such evidence, the application for water servic e shall be processed as provided for in Section 5 When the supply of water has been turned off for the violation of any ordinance, regulation or requirement of the City governing consumers of water, such supply of water shall not be turned on again except after the correction of the violation and upon payments of all charges penalties and fines due, unless the turn off is exempt from such payment by the pro- visions of Section 5 6 and 7 A charge in an amount established by the City Council from time to time which must be paid in advance shall be made for turning on any water service after the same has once been turned off Any charge for water supplied to any user together with any penalties or charges due to the City from such user, or due from any person who has signed an application for water service, as herein provided for shall be added to any billing being currently rendered to such person and the same shall become a part of his current bill for water service and subject to all the provisions of this Section nrrl;nnnnn Mt, 171 Section 8. UNAUTHORIZED TURN ON No person other than a duly authorized employee of the City shall turn on water at any meter service Violation of this provision shall be a misdemeanor. It shall be the duty of the Water Superintendent to report any violations of this Section to the City Attorney, who shall institute appropriate legal proceedings forthwith Section 9 METER BOX AND HYDRANT OBSTRUCTION No person shall place trash dirt building materials or other objects or obstructions on meter boxes or around or adjacent to City hydrants, and no person shall allow the same to become obstructed or obscured by vines, trees, shrubs, or other plants in any manner so as to make their location difficult to determine or to in any way interfere with or render difficult free access to, or use of, said meter boxes and City hydrants In the event of such obstruction or obscuring, notice shall be given by the Water Department trp the property served by such meter, or adjacent to such hydrant• such notice shall contain the requirement that the obstruction whether a growing thing or otherwise, be removed within twenty-four hours In the case of a meter box being obstructed or obscured, a penalty charge in an amount as established by the City Council from time shall be placed upon the water bill and charged to the consumer to defray the cost of the meter reader's return to read the meter Such penalty shall be added to the water bill and collected in the same manner and under the same condition as water rates are collected Section 10 CIRCUSES, SHOWS, ETC All circuses shows or exhibitions using water from the mains of the City shall make application for such water at the office of the Water Department, and shall pay in advance therefor a sum to be determined by the Council from time to time Section 11 CHANGE OF LOCATION Any person desiring to change the location of any water service that has been installed shall make application to the Water Department fa' such change and said Department if in its judgment it deems such change to be necessary, or advisable, will cause such change to be made The applicant requesting such change shall become liable to the City for the cost of all labor equipment materials and overhead used including the cost of any heavy cast iron meter box where it be determined that the installation of the same is necessary Said charges are due upon the completion of the work herein referred to Unless such charges are paid within ten days of mailing a statement thereof to the applicant requesting the same the supply of water will be shut off from the premises and the same shall remain shut off until all charges rates or penalties have been paid, including a charge as established by the City Council from time to time for again turning the water on The Department may demand a cash deposit in an amount estimated to be the cost of the work before any work is started Section 12 FIRE HYDRANTS City Fire hydrants are provided for the sole purpose of extinguishing fire and shall be opended and used only by the Water Department and Fire Department, or such persons as may be authorized to do so by the Water Department No person shall draw water through any fire hydrant without the use of a standard fire hydrant wrench and an auxiliary valve such auxiliary valve to be placed on fire hydrant opening with the auxiliary valve closed before any fire hydrant valve is opened:. No person shall draw water through any fire hydrant, or other hydrant owned or controlled by the City without first obtaining a permit so to do from the Water Department No such permit shall be issued to any person who has violated any of the provisions of this ordinance, or who has not paid the City for Water used or damage to hydrants Such permit shall Ordinance No 173 show the date of issuance, the number of hydrants to be used and the location thereof All such permits shall expire at the end of construction period or six months after issuance whichever occurs first, and shall not be transferred It shall be unlawful for any person to fail to return to the Water Department any fire tools issued under such permit on or before the expiration of said permit Upon granting any permit under this section the Water Department shall require a deposit in an amount to be determined by the Council from time to time from the applicant, said deposit to be returned upon the return to the Water Department of any tools issued to such applicant under such permit and upon payment to the Water Department for all water used under such permit Deposit shall be forfeited upon failure to report water monthly, make payment for use of water within sixty days or return tools within thirty days of completion of job Water drawn from any fire hydrant into a tank shall be charged for at the rate to be established by the Council from time to time, and the rate of payment for larger tanks shall be multiples of said rate with the exception that water used for subdivision construction purposes shall be paid according to rate schedule of Section 11 Section 13 FIRE SERVICE A fire line is a water line that shall be used for automatic fire - extinguishing system No fire line shall be used for any purpose other than for the extinguishment of fire All fire lines shall be equipped with a Detector check valve With the exception of the Detector check no meter shall be installed on a fire line All necessary maintenance and repairs of fire lines from the water main to curb shall be paid for by owner Upon failure to pay said charges water will be shut off until such charge is paid Section 13 1 WET STANDPIPES Wet standpipes can be connected to a domestic water line in the event that no fire line exists on the property Section 14 SUBDIVISION CONSTRUCTION WATER Water used for the construction purposes within subdivisions of five or more lots shall be paid for a s established by the City Council from time to time for each lot in the subdivision. This payment shall cover all water needed for curbs sidewalks, concrete pavement, pavement, sub -grade plastering•, bricklaying and other normal construction uses excepting only flooding sewer ditches Water used for flooding sewer ditches shall be paid for at the rate as established by the City Council from time to time for each hundred linear feet of ditch, and this payment is in addition to the per lot charge next hereinabove referred to Said charge per lot shall provide for the construction hereinabove set out, and for any otheruse such as developing lawns and watering plantings on the lot, for a period of six months from the time said payment is made, or said water use is started, or until the Ceritificate of Use and Occupancy for the house or building is issued whichever occurs first Thereafter, all water used shall be charged at the regular rate Section 15 METERS TO REMAIN PROPERTY OF THE CITY All water meters and meter boxes installed by the City Water Department shall remain, at all times, the property of the City, and where replacements repairs or adjustments of any meter are rendered necessary by the act, negligence or carelessness of the consumer, any expense caused the City thereby shall be charged against, and collected from the consumer If consumer or owner fails to pay such charges the water may be shut off until such charges are paid Each separate pipe connection in any meter box shall be separately metered Resolution No 173 33 Section 16 FAILURE OF METER If a meter fails to register during any period, or is known to register inaccurately, the consumer shall be charged for an average daily consumption at the same season as shown by the meter when in use and registering accurately Section 17 INSTALLING METERS The City shall have the right at any time and at any point, to put in a water meter, and may force the collection for the amount of water that shall be used, in accordance with all Ordinances, rules and regulations of the City governing the consumption of water and for that purpose at any time go upon the premises of consumer of water Section 18 CURB COCKS There shall be a curb cock or valve in every attachment just inside the curb at a point to be designated by the City, which said curb cock and its box shall be supplied by the City and shall be for its exclusive use and under its exclusive control Section 19 DAMAGES The City will not be responsible for damages to buildings or their contents from any break beyond the street service box, the water consumers are hereby required, for their own protection, to provide at their own expense another valve to be placed at the first suitable point beyond said City Valve Section 20 APPLICATION FOR WATER MAINS IN NEW SUBDIVISIONS Owners of a new subdivision of tract of land who are required to install water mains and hydrants as provided for in any City Ordinance relating to subdivisions, shall make application to have said water mains and hydrants laid in tracts Such mains and hydrants shall be of such size kind and location as the Water Department shall determine will pro- perly supply said tract having due regard to the requirements or adjacent lands and growth of the City The Department of Public Works shall charge and collect in advance for such water main and hydrants as it deems necessary at the rate established by the City Council by Resiolution In cases where the applicant requests a main larger than deemed necessary by the Department the applicant shall pay the entire cost of labor, equipment, material and overhead It is understood that all mains installed become at once and remain, the sole property of the City Section 21 GENERAL REGULATIONS In all cases where water is supplied to several tenants from one connection or tap, the City contracts only with the owner of the property or his authorized agents and on failure to comply with these regulations and pay the rate, the service will be disconnected until regulations are complied with and the rate paid Consumers must prevent all waste of water and keep their service pipes, fixtures, stop cocks and other apparatus (but not the service put in and owned by the City) in good repair, and free from leakage at their own expense and they will be liabie for all damages which may result from their failure so to do Water rates will be charged for permises vacated in every instance until the City shall have been notified in writing of the discontinuance of the use of water, and is requested to turn the water off Any authorized employee of the Water Department shall be admitted at all reasonable hours, to all parts of the premises supplied with water to see that the regulations are observed. No one except an authorized employee of the Water Department shall turn the water on or off from any building or premises at City curb cock Ordinance No. 173 or connect or disconnect or in any way tamper with any pipes in the meter boxes or with any other part of the water system of the City No user of water supplied by the City shall supply water to users on a piece of property held by another owner All faucets sprinklers hose nozzles or other continuous streams must be shut off promptly upon the alarm of fire, or other emergency or major disaster, the water not to be turned on again until the fire is known to be extinguished The City reserves the right at any time to shut off the water in its mains for the purpose of making extensions or repairs, or for other purposes, and all persons having boilers within their premises not supplied with tanks or cisterns but depending upon the pipes of the City to keep them supplied, are hereby cautioned against danger of collapse Section 22. DRILLING FOR WATER No person shall drill for water within the corporate limits of the City without first obtaining a permit therefor from the Council Section 23 CROSS CONNECTIONS PROHIBITED In order to prevent any pollution of the water or water system of the City no cross -connection from any source of any kind or nature shall be installed in the City water system, except as provided for and approved by the State of California Department of Public Health, and approved by the Water Department Section 23.1 BACKFLOW PREVENTERS All proposed and existing building within the City not under the jurisdiction of the City s building code shall provide a backflow preventer in accordance with the requirements established by Title 17, Chapter V, Section 7583-7622 inclusive of the California Administrative Code for cross - connections. Backflow preventer is a device or means to prevent backflow into the potable water system Section 24. THEFT OF WATER No person shall permit occupancy of any building or house, or occupy and use the same, until a water meter has been installed and the Water Department has been notified that said property is ready for occupancy and had the meter read No person shall take water from the City lines in any manner except as in the Ordinance provided, for, and any attempt or act of connection to City lines without complying with the provisions of this Ordinance is hereby defined as theft of water Section 25 DETERMINATION OF FEES FOR WATER METER CONNECTION Whenever any water main has been installed out of funds made available from voluntary contributions made by property owners benefited or to be benefied thereby or out of such funds jointly with City funds or entirely out of funds provided by the City, no water service meter connection shall be made for such property until a permit has been obtained therefor from the Superintendent of the Water Department and no such permit shall be issued under the circumstances herein set forth unless the application therefor is accompanied by the payment of a fee payable to the City in an amount which the Superintendent of the Water Department shall determine to be the proportionate share of the cost of constructing the water main for the service to the property for which meter connection is applied for and said cost shall be computed upon a basis of the linear front footage of said property abutting on said water main Section 26 TEMPORARY CONNECTION TO LAND SUSCEPTIBLE TO ANNEXATION Land adjacent to but outside of the City limits may be permitted temporary connection to the City water mains,if such land satisfies all of the following requirements, to -wit 1 Is uninhabited as defined in Section 35303 of the Government Code Ordi nanrP Nn. 17'1 2 Is a parcel or parcels of land meeting all of the requirements of the Annexation of Uninhabited Territory Act of 1939 so as to be immediately available for annexation to City 3 Said land is described in a petition for annexation to City meeting all of the statutory requirements necessary to be a proper petition as referred to in Section 35305 of the Government Code so that the City Council could pass the Resolution referred to in said Section and carry forward the annexation proceedings in compliance with statutory requirements of said Act without the possibility of successful legal action to defeat or terminate said annexation 4. Said petition for annexation must be signed by all of the necessary record owners of any land then seeking temporary connection with the City water mains Said petition must be signed by the owners of not less than 75% of all the land in the territory or area described in said petition for annexation, by assessed value as shown on the last equalized assessment roll of the County of Orange Section 27. AGREEMENT FOR SERVICE OUTSIDE CITY Before any land referred to in Section 26 may be connected with the water lines of the City the record owners of the land seeking such connection shall sign an agreement with the Water Superintendent who is hereby designated as the agent of City to enter into such agreements agreeing to comply with all City regulations then existing or that may be thereafter adopted to regulate connections with or service through the City water lines for any connection and service which may be permitted The agreement shall further provide that the record owners seeking such connections shall make such deposits as are required to cover City expense in providing and connecting the service sought, and shall procide that such record owners will pay for any services rendered by reason of connections to land referred to in Section 26 Said Agreement shall provide that if said land is not annexed to the City the connection for the rendering of such temporary service shall be terminated within ten days of the date the annexation pro- ceedings are terminated and that this termination of service shall be accomplished by a physical disconnection and severance of the lines connecting said land to City water mains Any service connection provided for under the provisionf of this Section and Section 26 are expressly under- stood to be temporary and to depend upon the completion of the annexation proceedings then pending, and said agreement shall so state Section 28. TEMPORARY WATER CONNECTION TO LAND BARRED FROM ANNEXATION Land contiguous to the City which is barred from annexation to the City by any provision of the Annexation Statutes of the State of California which by reason of nature of the bar appears to be and is declared by the City Manager to be, of a temporary nature may be permitted temporary connection to the City water mains and/or sewerage system upon meeting of all of the following conditions 1 The record owner or owners of such land shall enter into an agreement with the City and the Water Superintendent of the City is hereby designated as the agent of City to sign such agreement for and on behalf of City, agreement to comply with all existing City regulations and all regulations thereafter adopted controlling connections with or service through such City facilities and such temporary connections and service 2 Said agreement shall provide that owner will make such deposits as are required to cover City expense in providing extending connecting and/or metering of the service sought by owner, and that said owner of his successors in interest, will pay for any services rendered or water delivered through said connections at the rates fixed by City 3 Said agreement shall provide that a violation of the terms of said agreement or a failure of said land to annex to the City within a reasonable time after removal of the condition barring annexation shall result in the discontinuance of water service rendered under said agreement and that at the end of thirty days notice said services shall be physically disconnected by removal of a part of the lines through which service had been rendered or water served to the property failing to comply with said agreement or failing to annex as herein provided for 4 Said agreement shall refer to this Section in its language and notice of impending termination of service shall be given by Registered mail to the owner and/or occupant of the property, if their addresses be known and by posting a copy of the notice on the property to be affected 5 Said agreement shall be acknowledged by record owner or owners of the land seeking such connections PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of June, 1963, by the following roll call vote: AYES 5 COUNCILMEN Gordon, Gorzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT 0 COUNCILMEN None ATTEST. MAYOR OF THE CITY OF C PRESS CITY CLERK OF THE CITY OF CYPRESS Ordinance No 173