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Home My WebLink About122 - Forming a Water Departmentry, r 011LUi""L NO. 122 All ORDINANCE OF Tim CITY OF COSTA 147-,"A E;STABLISftIFG A WATER DrPARTMENf, AND PRrSCRIBING TIE HILES A:vT7 RT:GTUTION.) FOR '7ATE11 SF VICES AND RATSS, AND PRESCRIBING THE PENALTIFi FOR THE, VIOLAITION TIEREOF. The City Council of the City of Costa Mesa does ordain as follows: ARTICLE I. CRE,A^ION OF COSTA MESA WATER D: 'PAT TME NZT . S';CTION 1. t i'*L'i'P, <)d'I A_'t M'tri C�.ATd,D. There is hereby created a 'Mater Department for tl = C-ItY of Costa Hesa which shall embrace and include all proper- t7- (,f every Character us_ _ i or inciftnt to the production, storage, conveyance and deliv.:a- of Yrater to the consimers th-�recf in the Citi; together with all �-- other propert r that may from tiro to time -hereafter be added to it for such purposes. , TION 1.1 WATER SUPERINTEAU)ENT: CREATION OF. The office of Water Superintendent of the Costa Flesa Water Department is hereby created and the Cit? Manager is authorized to appoint such superintendent. SECTION 1.2 '•IATEIR SUPERINTENDFNT: DUTIES OF. The Superintendent c:' of the '',.ter Departmer;t shall perform such ftties .as mar be (designated from time to time by the City Council. ARTICLE II. APPLICATION FOR S'FIJVICF. CUAnlECTIONS. SECTION 2. APPLICATION FOPM. iefore water can be served from the City mains to any person or for uny premises, such person or the otmer or occupant of such premises shall make written applicat-Ion for such service upon a form provided 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 water service is desired, together -ith the applicant's status as ciiner or less�,e. SECTION 2.1. SEPAI:ATE SERVICE CONNECTIONS) REQUIRE"'. r.very premise supplied by City water shell have its aura separate service connection e'with the City main, and the premises so supplies) will not be all owed to supply wa er tc any other premises. - 1- r SECTION 2.2 SMITICE CONNECT ] C,NS: 0 MULTM E OCCUPANCIES OF SAME PF-F-1ISESa Where more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a grater meter shall be required and installed for each occupancy, uy-O.ess otherwise approved by the Water Superintendent. SECTION 2.3 SERVICE COMTECTIONS: EXCEPTIONS. (a) Wher-- there exists a dwell-ing on the rear of a lot, in front of which is another dwe119r_g, one service may be provided for such premises. The cost o- such water meter installation and service shall be paid by the o=er or party receiving service. (b) Where two or mare 'nxUriings owned by the sante person are built upon a 1,St, said buildings may be served by one service pipe and one meter if approved by the Water Supersntnndent. SECTION 2.4 SERVICE CONNIECTIONSs SPLIT OF PROPERTY. Whenever one service pipe and rrBter 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 discret require separate service pipe and meter for each occupancy TAe eXIs7t'nf nle7erti„ -&C /;r/j,( s4411xekve o4 /y f ke ro&/icG/ v�avh wC.�c� i% l.r /oee-Te , SECTION 2.5 INUIRFERING WITH PIPES: No person shall, without the per- mission of the Water Superintendent, or his duly appointed agents or employees, remove, change, distrub, or in any way tamper with or interfere with any of the faciliti,a, apparatus, appliances or property used or maintained for the production, storage or supply of water by the City to consumers thereof; nor shall any person without the permission of the =.Nater Superintendent install any pipe, apparatus, appliance or connection to amf part of the system of water works of the City. PPITICLE III. TES, RATES AND DFPOS17S. SECTION 3. SERV? -CE FEE. The'Vater Department, as a condition to granting the application and furnJI.sh_-+.ng c -Tater service to the premises, in authorized to charge and shall collect in advance the following sums for the purpose of reim- bursing the City for the cost of the .,,stem and future replacements and extensions thereof. (a) The sum of Kfty ($50.00) dollars for parcels containing less`'than ten -thousand (10,000).sgvare feet in area. (b) For -arty parcel containing ten -thousand (10,000) square feet of area or more, Two -hundred and fifty ($2K0.00) dollars per acre for each or fraction thereof. Fractions of acre less than one-half () acre shall be disregarded. (c) The s3rvice fee for lands craned 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 will be fu -,,niched for such private use. SECTION 3.1 IRTSTA71ATION AND PrETER FEES. In addition to the fee set forth in Section 3 above, the plater Dep"ient shall charge and collect in advance, the following amounts for the installation of water connections and meterst (a) A sum equal to the actual cost of labor and material in laying such service line, including the cost of the maters, the cost of replacing pavement, plus then percent (1(f%) for overhead. The cost of -such installat'on shall be estimated by the Water Department, and such estimated cost shall be paid by the applicant to the Water Department before the ww1c of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the comer thereof. Any excess payment shall be returned to the person applying for installation. SECTION 3.2 INSTALT.ATION HT APPLiCANTt 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 3.3 WATER RATES t The grater rates to be charged and collected monthly or bi-monthly as may be determined by the Superintendent of the Watcr Department, from consumers of water �ippliod by the City are hereby established and the Water Department is hereby authorized anal directed to charga and collect the same as follows: (a) Domestic,. Commercial and Industrial Service. (1) For 5/8 inch meters, first one -thousand (1,000) cubic feet.or less .... two ($2.00) dollars. (2) For 1 inch meters, first one -thousand, five -hundred (1,500) cubic feet, or less....two and seventy-five, - I - one-rnixi,, revs (:"2.75) : ollars . (3) For a •inch rrleters, first three -thousand (3,000) cubit fest, or less....five (rr5.00) dollars. J (4) For 2 inch meters, first Dve-thousand (5j000) cubic ? .feet, or less .... ei''ht (`,,>8.00) dollars. (5) For 4 inch neters, first twenty -thousand (20,000) cubic G , r7 o R I feet, or less....thirty (;'50.00) dollars. (6) For each additional one -hundred (100) cubic feet, up to twenty -thousand (201000) cubic (7) For each additional one-1:unared (100) cubic feet over twenty -- thousand (20,000) cubic :feet....ten cents (b) Combination Domestic and Irri8lation Service. (1) The rlydmun monthly meter rates shall be the same as set forth in paragraph (a) abovo. (2) "ater inbxcess of the m:irimum shall be at the ra�be of ten cents (,-0,�0) ger one -hundred (100) cubic feet. (3) This tSO)e of service can oray be supplied to individual cagm,rY:,,rs w0c h ve nott less than. forty-three thousand, Five- hundrel-< an('- sixty. (1!3,560) square feet arae, of groun3 (one acro) planted to trees anc1 crops which are primarily F;raan for comercial purposes. SECTION 3-h IIAT t R RATES-. CONSTRUCT ION MI'OSES . ?:Tater supplies? for construction purposes where meters are not installed or used: (1) For each one -hundred (100) lineal feet of curb...twenty cents (�-O.20). (�) For each one-hundre ? (loo) square feet of side4ralic... tin cents (3) For each one -hundred (100) square feet of concrete pavement... twenty cents ((;0.20). W For each barrel of cemnt used for other constuction.... ten cents (5) For settling each one --hundred (100 lineal feet of backfill in trenches not over three (3) feet in depth....eighty cents (6) For each additional foot in depth.... twenty cents ("0.20). (7) For settling each one -hundred (100) square feet of graded earth street....fou-cents ($`0.0)). (P) For settling each one -hundred square feet of grarled sand sub-grade....six cents ("0.06). . SECTION 3.5 WATER RAT73: OTMM USES, SHCCOLS, F.ril.i GRou nS, ETC, 'later used for any purpose not hereinbefore enamereated, or for schools, public fair grounds, hospitals and similar uses, sha11 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. SECTION, 3.6 !-L. TER RATE 5: PRIVATE F1:U.61 LIP EES . Rates for private fire line service shall be cietermined L - the City Cotaicil. A permit from the ?Dater Department shall be necessary for an;r private fire line. SECTION 3.7 APPLICATIONS FOR. WATER SERVICE. All applications for water must be made out an the forms provided by the Water Department and must be signed by the applicant. All applicants other than real property cyyrners holding title by recorded deed to the property served must deposit with the Water Department, an amount equal to four (4) times the sum of the minimnn charge for the type of service rendered, but in no event less than Ten ($10.00) dollars, as a guarantee that all water bills, fines and penalties shall be paid by the applicant. The deposit shall not be re- turned to the applimit unless; the water service, is discontinued, and then only in the event that all ?rstor b{ll.s, fine7-o and per.,?Iti"e— of the consumer have been paid in full Sdcti c ePol� / rk-l/ , e roti 0 SECTION 3.8 WATER fi.ATES: TURN ON ROBS. No charge shall be made for the transfer due to change cf apnership or accupanc7. Where the ovaer or occupant requeats temporary* turn-off of seater service, a charge of Three ($3.00) dollars shall bs made for restoring the water service to the prem=ises: SECTION 3.9 WA'i'FR MATES: PADENT OF WATER RATES. Whenever the distribution line of the municipal water system shall be duly connected with thb premises of any person, and the grater turned on to such premises, the chargessfor water shall be a charge against the person in possession of the premises who used the water, and the chvL-a s shall continue so lcmg as the water is turned on to said premises, whether the same is actually used or not. SECTION 3.10 WATER RATES: DATE PAYABLu. All water rates are due and payable at the office of the City Water Department the day after mailing date of. bill each month or bi-monthly and shall become delinquent or, the fifteenth (15th) day thereafter aL if not paid thirty (30) dins a.z'ter the mailing date the Water Superintendent is hereby directed through his depu�iesy to shut off the water from the premises and the water shall remai=n shat off until all rates, fine and penalties have been paid. When the su-pply of nater has been shut off for a violation of any ordinances or of any rules, regulations, or MquireP:ent of the Water Depart- ment governing comsumers> of water, it Mall not be turned on again except upon payment of the amadnt due, together s-rith the additional sum of two and fifty one - hundreds ($2.50) dollars which,is'hereby made a penalty for the failure - 5 - 0 to pay the said rate, and to pa;► the Department for turning on water. SECTIO"; 3.11 VACATING PM4IS.�; •'lhenever a consumer shall vacate any premises, he shall immediately give written notice thereof to the '.dater Department. Upon the recipt of such notice, said Department shall read 4hg water meter, shut off the water frot said premises and ilrmled'iately present the saic, consimier all un - pari bills for Water furnished 'oy the City to him :ip to than time. Thereuprn said consumer shUl pay said Lills to the Mater Department. In event that said cons'zner shall have r.1cle r_ r2oposiL with said Departarent, as required in Section 3.7 of th::!s Articlo, -tho ba.lanc(w, if any, of such deposit ahcLU be returned to the consumer, aft r�.ec::ctif�,T;'the-refrom the amo:,a - 0 .said bills. Until such notice and payments nhall have been nac?e, said. premiscs shall be deemwd occupied by such comsumer and his li.abilittl continued.. SECTION 3.12 CHIME OF ADDRF;SS: Failure to rec! ive mail will not be recognized as a valid excuse for failure to pay water retes when due. Change in occupancy of property supplied with city 0 --ter, and obanges in mailing addresses i of consuners of city t•:ater rmst be filed in writing at the .•Dater Department on forms provided for that purpose. SECTION 3.13 RENS' :101 SERVICE: Each caner or occupant ox" aW prem; ses previously connected with the city water Nysten desiring to rens* the use of water shall mace application for renewal of water service and upon payment of all unpaid charges, if any, to -ether ifith any tun -on char�*o imposed by Section 3.8, the water will be turned on. SECTION 3 -lb ADJUSUM7 OF RIiTESc The Council shall have the sole power to grant rebates from the rates specified in this Article to indigent persons and, iii the event of any dis;Aute as to the :rater rats to be paid by any consumer, it shall retermine the same. ARTIGI.-r. IV. REGULATIONS APPLYING TO USE OF WATER SECTION 1.-. USE OF 70.TFR DURING FIRE: No person shall use any water for irrigation or any stea(,y fliYu during the prof,—,,ess of any fire in the City, unless for protection of propert::, and all ir��igatior. &nd sprinkling shall immedi0ely - 6 - be stopped when an alarn of fire is soznded in any part of the City, and shall riot be begun again until the fire is extinguished. SECTION 4.1 WASTAGE OF WATERS No person shall waste water or allow it to be wasted by imperfect or leaking stops, velves, pipes, closetd, faucets or other fixtures, or uee wster closets without self--closir4� valves, or use the water for purposes other than those rand in the application upon which rates for water are I based, or use it In violation of am of the provisions of arV Ord1.nance of this City, provided -fti t•her thea no person shall drain or permit water to drain upon arV public street or alle7, or a>ror any private property not owned by such persons SECTION 14.2 METERS, P-ROPKIMITY OF CITY: Pll grater service and water meters installed or required to be ins'.&I-13d by -'*'-he City Water Departmedshall remain at all times the props-rty of the Croy and shall be maintained, repaired and renewed by the Mater. Department when rendered rxze_Rviceable by normal wear and tear. Where replacements, repairs or adjust�y-t-its of any meter are rendered necessary by an act resulting 1ram malice, carelessness or neglect of the consumer or any member of his family , or any one emp -wed by him, and any damage which may result from hot -rater, or steam from: water heater, boiler or otherwise, shall be charged to and paid for by such consumer to the ?Fater Department on presentation of a bill therefor; and in case such bill is not paid, the water shall be shut off from such premises and shall not be tiu-nod on again until all charges are peid. No person shall ir_teifere w1th or ramove from a• service any water meter where it has been so attached. SECTION 4.3 METFi TESTS: A- ere the accuracy of record of s water meter is questioned, it shall be removed at the consume^ss request and shall in his presance be tested in the shops of the tilater. Department by means of the apparatus there provid- ed, and a report thereon duly made. Doth parties to the test must accept the find- ings so made. If the test discloses an error sgainst the consumer of more than three (3%) percent of ': o- meberrs registry, the excess of the consumption on the J4 U three previous readings shall be credited to the conswer's renter account, and the Zdater Department Frill bear the enta.re expense of the test, and the deposit recpuired as hereinafter prescribed chall be returned. On the other hand, where no such error is found, the person, who has regve-sted the test shall pay the charge, fixed for such test. - 7 - fixed for such test. SECTION 4.4 SAME: DEPOSIT. Before making a test of arty meter, the person requesting such a nest 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 followst (1) For testing 5/8 inch meters ........... $2.50 (2) For testing 1 inch meters ........... $2.50 (3) For testing 1-1. inch meters ........ ...$5.00 (4) For testing 2 inch meters.a.........$10.00 (5) For testing h inch meters...........$L0.00 Vo muter shall be removed, or in a►ay Tray disturbed, nor the seal broken, except in the presence or under the direction of the Superintendent. SECTION 11.5 METERS ON CURB LINE: All maters of theWater Department shall be placed at the curb line of the street or near the property line in alleys, when- ever and wherever practicable, and be protected and maintained as a part of -the operation of the Department. SECTION 4.6 METERS INSIDE PREMISES: Where a water meter is placed inside the premises of a consumer, £or the couviende of- said consurrteY, prov'isioK@ — d gall be made for convenient meter reading and repairing by representatives of the Depart- ment. 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 Departmnet and the withholding of service until installpti.on is made at the curb line as herein provided. SECTION Il.7 CONSUMERIS RESPONSIBILITY: The City shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private premises, and said City shall not be responsible for any leakage, breakage or seepage from any pipe situated between any riveter 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 loss occasioned directly or indirectly by the I existence of any meter or pipe situated upon private property. SECTION 4.8 USE OF FM HrDRANTS: Public fire hydrants shall be placed, maintained and repaired by the '.•later Department. Any &vziage 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 irdrarits are provided for the 4ole parpose of extinguishing fires and shall be used otheniise only as leer, -In provided for, and Shall be opened and used only by the '.later and F`Ixe Departments or such persons as may be authorizol to do so by the Chief of the vire Department,, or the Superintendent off the Watcr Department as herein provided. SECTION 4.9 SN-li: PE 1IT Kit. All persons desiring to use eater through fire hydrants, or -other Y;;-c�razzts, cwna-3 or co.zLxoll_ed by the City, shall be required to obtain a peranit, first, it on, the Chief of the fire Departmnt, second, froaa the Superintendent of the Sla .er Dc-ozrt.ment, i?ho shall Issue no such paxmit to any person who has violated w4ir of ':,he X o-, i.sions o£ this Ordinance or whose indebteflness to the City for water use!l cr damage to 11Ydrants or agiipment is delinquent. All such persons having permit for -ase of -rater from the fire hydrants rust provide hydrant Zrrenches for the operation cii^ such ftra hy-drants. SECTION h.10 SAPut C NCULLATICIT OF PRP IT. :errait for the use of water through the fire hydrants of the City ma- be ca icelled at the will of th Superintend- ent on evidence that the hol4ler thereof U or has violates the privileges conveyed thereunder. Such notice , of caxzcellati.on shall be in writing --leli.vered or mailed to the persons to be notified anti nhril be inniediately effective and enforced. SECTION h.11 0M- TR1JGfiIit4' FLa1E HTDRANPSs No person shall obstruct the acc- ess to any fire trydraut 'oy placing around or thereon any stone, trick, lumber, dirt or other material, or wilfullZr or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water thorer'rom, n.ccept zs provi ^ed in Section h.9. SECTION x:.12 RMPAIRS OR E ENTSICNSt The hater Department shall not accept any respcaonsibility for the aneintenence of pressure and it reserves the right to shut off the water .from arsy premises, ou from any part of the distribiting system, as long as no.::essar7, wh-2c.-bout nc-Lico to ronsu�^e~e, at, arnr tine of emergency, but In all cased of etitensi.ens or connections, s .i ? Depas tnent sha 1 notiXy occu-,ants of the premises of the necessity Qf shutting oft' water and the probeLl' lnngth aX time the hater shall be so shut off before taking such action. SECTION 11 .13 DRNWING WATM MO NEW, 1301ILERS: :Jo stationary steam boiler shall be connecter) directly with the water Ustribution 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 sha1.1 bo provided, and the service pipe supplying said tants shall discharge directly into the top of said tants. SECTIO14 L.J.L R?G"T OF INS1111"C1I011s Any officer, fozeman or duly authorized representative of the '.'atar nepartment shall at &11 times have the right of ingress and ed ess to the rCi?. I ny +e, p c -m _s -s at all. re-a.sonable hours for wW purpose reason- ably connected wit), Che i'rrrn-.sl"I g end coiwe:.nration of water, for the inspection of the entire water upon saiu per.mises. SECTION )4.15 REPORT ON VIOL,ATIOPT3: It ahall be the duty of the employees of the Police, Fire anri .Strict Departments to dv(, trigilnnt PAd to the Superintend- ent in the enforopment of the prow:sions of this Or: inance ane to this and they shall report all violations thereof which cone to their knowledge, to the W;ter Department and it shall be the duty of the Chief of the. Fine Department no report immeriiately to the Superi.nterlent in ease of Zi -re in premises having metered serv;ce for fire protection purposes that fire has occurred there. SnOrloN 4.16 S.UE OF 1A'.t'ER OUTSIDIS CITY PROFIIDri ...D: It shall be unlaw- ful for the City Water department to sell Srater to consumers outside the City, or to allow WW consumer outside the Citic- to use w7 tyater furnished by the City system uril.ess the City Council shall by Resolution --ieter.rdne .and D=eclare a surplus of water exists in exc6ss of tint rec uirnd by the i nhabit=ts of the City. SECTION 4.17 P.2MCTJJ1G CPOSS-COTeMGTIOX,9s An approved doublchacked valve or other approveei back flau protection Omtiees shall be S.Atalled in all existing grater systems of all consiomrs within ninety (r0) mays of the passarr of this Ordinance and in all Sys tcros installed thereafter, at the expense of the coz.sumer, before serv;ee trill be continued or Crsntr: t k*hen azar one of the follawi.ng conditions apply: A. Cond3t.i.cns (1) +-There; an unapproved fresh water supply is already available from a well, spring, reservoir or other source. If the - 10 - If 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 back_flar protection de- vices will not be required. (2) Wbere salt water, or water othezirise polluter, is avail - al -,Ie- for industrial or fire protection purposes. (3) ! ere the premisas are or may be engaged in industrial procossas usin, or producing process waters or liquiA indlis.rial wastes, or where the premises are or may be enCe.gcd in handling seTuage or any ol)her dangerous substance. (10 t -there the circumstances are such that there is special ccrger of bac!:flaI, of seutge or other contaminated liquids �, ,: c!„h plunml:ing fixtures or iiater-,ising or treating equip- u� nc, or storage tar�'rs ani reservoirs. (5) t'._:, r:rottAses oro use! for a trailer park. (E) Other Cen(lit-.ors. (1) Un:,Ier s_i ccial cir ,l rstarces, when the consumer is engaged in the han,l_ing ow csoecially dangerous or corrosive liquids Of industrial or process gators, the City may require the consulmer '.o eliminate certain plumbing or piping connections as ani additional precaution and as a protection to the backflow preventive devices. (2) As a protectiai to the consumer's plumbing system, a suit- able pressure relief valve must be installed and maintained by hi -n at his exponse, when check valves or other protective dev ccs are useO. The relief valve shall be installed between the check valves ar_d the weter heater. (3) Whenever backflar protection has been found nexessary on a t3ater supply line entering a consumer's premises, then any and all Crater supply lines from the Cityts mains enter- ing such premises, buildings or structures shall be protect- ed Ly an approverl backflcni device, regardless of the use of the additional grater supply lines. 00 T*,Jo or more services supplying water from different street mains to the same building strt?cture or premises through which an inter -street main flor,T may occur, shall hat � a standard check valve on each water service to be located adjacent to an on the property side of the respective: meters. (5) Suci, check valves shll not be considered adequate if back- flow protection is deemed necessax;r to protect the City's mains from pollution or contamination, but the installation of approved dual backflow devices at such meters shall take the place of, and satisfy the requirement for standard check valves. (6) The double check velure or other approved backflow protection devices may be anspectea and tested periodically for water tightness 'oy the City. (7) Tho moms of any prenises on which or on acco n•t of which check valves or ct.her protective devices ara installed shall inspect these revices for water tightness anO reliability at least every three rionths. The devices shall be serviced averhsui eO, or replacer! whenever they are fount, c?efecti.ve an. + all_ costs of repair and maintenance shall be borne by the consumer. Gartifierl recor(ls c:r such inspections ane operations will be requiredi by the City. (Q) The service of Crater to any premises may be immediately discontinued by the City if any defect is found in the check valve installations or other protective de'Jices, or if it is fo:_nd that dangerous cross connections exist., Service will not ?•e restored until such defects are corrected. ARTICLE V. EXTEN3I0N OF 'TATER MAINS SECTIM 5. APPLICATION: DT-, ,SsT s 111STALLATION: Any person, as ovmer or subdivider of a single lot, subdivision, or tract of land, who desires the ex- tension of rater mains and, services to such lot, subeivision or of land, shall file a 1.*ritten application u-i.th the Water :department. Anxy niriber of persons may join together in a single application. (a) The Uater Department shall determine the size, locations and total costs for such extension, anal shall on approval of such extension, collect from the applicant a deposit covering the total estimates; cost of installing all facilities from the nearest existing main line of adequate. capacity. (b) The term "all facilities" includes distribution matins, services, fire hydrants, etc. (c) If and ,then the applicant has caraplied with all requirements of the 'Iator Department anc? rrare the deposit as herein required, the 11ater Department shall install such mains and services, subject to provisions of paragraph (d) below, such line shall thereupon become and remain the property of the City ?later Department. ((?) In the event the deposit *as in excess of the actual cost of installation the excass amount shall be returner to the applicant. In the event the Jeposit was less than the actual cost of installation the applicant shall imrediately pay to the !later Department the deficit. (e) If in'tho opinion of t.4 Si;.;erintendent of the '.Yater Department it is for the Lost interests of the City, he roar authorize the applicant to install said extension lines at applicant's sole cost and expense in accordance trith specifications approves; k-.% the Superintendent. "- 7CTION r.l R?. UIRET%'T:' KP.CVr!iSIZ? F.F.I:I LI:�� Lai�I'??i1.;70NS: '•1hQnever ars application for extension of a main line is receive-? the Superintondent shall determine whether the best interests of the City 'later s,,stem would be serve,• : by - 12 -- a.a line 1", er than required for -he '- lic ant, a s need. In the event the Supe rintendent so determines, he shall require the larger size line to be installed. SECTION 5.2 DEMPRMMTION OF SUMINTENDE14"I FINALS The determination of the Superintendent o.Y the Water Department as to the size of the line nexessary to meet applicen+as need and his determination of the size of the line which would best serPe the interests of the City water system shall be final and bindinC on applicant. SECTION 5.3 IN3TAL LATTON OF CMRS1'72 MAL -TUN LINE WIENSIONS: When the Super- intendent of the Water Departnwnt; ha.s cgotermined that the City water system will be best served bj a line larger than non.de._ for applicant's use, the Superintendent shall require the installation of such oversize line in accordance with the provisions of Section 5 hereof. SECTION 5.4 COST OF INSTALLAIG OMSIZE MAIN LnF. EXTENSIONS: The cost of installing the oversize line shah be paid for by applicant, sub6ect to the provision for reftuzds as hereinafter set forth. SECTION 5.5 AMOUNT OF REFUNDt (a) The Super;ntendent shall determine from current price fats the cost per foot of the size pipe which is -required to be installed by the Superintendent. (b) The Superintendent WWI then determine from current price lists the cost per foot df the size pipe, which would serve applicant's need, or the cost per fool of a six inch pipe, whichever is greater. (c) Th r8uperintendent shall then subtract the pipe cost arrived at in subsection (b) above frog: tin pipe cost arrived at in subsection (a) above. This multiplied by the mugber of feet of pipe to be 4nstalled for the main line extension shall be the refLuid to which applicaiA. is entitled, subject however to the provisions of Sections 5.6 and 5.7 of tris Ordnance. The determination of the Superintendent of the cost of :ipns shall be .firal and binding on applicant. - 13 - SECTION 5.6 12THOD OF PAYING REFUND TO APPLICA,`V'P . (a) The refund as computed pursuant to Section 5.5 or a portion thereof shall be paid to applicant by the City from the service fees paid by applicant pursuant to Section 3. of this Ordiri&nce, upon the satisfactory completion of the installation. (b) In event such service fees do not equal the amount of refund payable to applicant the bnlaace of the refund shall be payabls'as follms: (1) 7pon receipt- by the City service fees provided for in Section 3. of Articlo T -T 7 ,:,1.'^, Orth ante froom and person cr p, rsons who make a connection dia-ectl in-�-o t'13 wain 13.rze e7.-ension paid for by applicant, the City shall refund -co applicant six y (5C5) pc:r-cent of ^ach such amount received until applicant has received uhe full balance of Ma refund. SECTION 5.7 CONDIT IOUS GOVE?'IMM REP'- UDS: Notwithstanding any other pro- vision of this Ordinance, the payment of refunds shall be governed as follows: (a) Refunds shall be parable for a period of five years only from the date of applicantes application for main lire extension. (b) Refunds shall be payable only to the orlginal applicant or applicants. Upon tho death of applicant, the right to rePtind shall terminate. In the event applicant is a partnership or corporation, the dissolution of the partnership, or corporation shall terminate the right to refund. (c) The City end the City Water Department scall not be liable for the payment of any refund by reason of its failure to collect or receive from any person the service fee for co,iecjt-ing into main line extension paid for by applicant. I (d) Refunds shall bear no interest. (e) In the event no direct connections a:�e made into the main line extension paid for by applicant during said five (5) year period, the right to arW refund shall terrdnate. (f) The City Water Department's refusal to allay! arV connection or connections into the ruin line e, -.tension )aid for by the applicant shall not make the City or City Water. Dal: artment liable to Pppi icvnt for e, -W rbfund which might have occurcd to applicant if such cormection had been permitted. (g) The Cit; rota -Las the r'tht to allow wV agency exempted from payment of the ss ,vice fee prati!ided for in Section 3 of Article III, to connect into any :rain line extension c,ud fo.,: by an appliesn-c and no liability for refund shall be created by Duch connection. SECTION 5.8 ?BATE 2 RIGHT TO M DRAMED: Whenever land is to be subAvided, any water wells, mains and easwnents needed therefor, which may be Rupurtenant thereto or which may be used Mclus vely thereon, ,hall be deeded to the City in consideration: of the City approving any application for City water to be placed on sial tract or subdivision. The deed to the City shatll be executed before =W such application Bha11 be approved by the Superintenc?ent. Hoy ovex : there water s*oils, Oris' oquipi—nnt, as descr ibe6 in the paragraph above, are i:sed to supply trntox• to acid tional land net subdivided, the City, may allow such tx:11s and oqu•?p:rient to continuo to supply such un -subdivided portion, until such time as such parcel a.s sublivided Into four (�.), or more, parcels of land containing five (e:) tvres, or less. LKICLE, V7 PERMUTIESr :3EViurUBILIIY: ENACTIMMf- SECTION 6 PE+ lIIZD,"S: Any person, whether actin; as principal, agent, officer, clerk or enplo;mo, tiho shall violate epy of the provisions Of* tnfs• Ordinance shall be deemed Su.lty of a rdsdweanor and upon oor riction thereof shall be punished by a fine of not more thaan five -hundred {1500.00) dollars, or by Inprisonment in the City or County Jril for a period not cxceerUng ninety (90) (lays, or by bath such fine and 1mprisonment. SECTIOPJ 6.1 SEVFMBILITY s If arq provision of this Ordinance or the eppllowbion thereof to any person or eircuwnstances In held invalid, such in- validity shall not affect other provisions or applications of the Ordinance which can be given effect without the iirda] id pra*rision or application, and to this end the provisions of this Ordinance are declared to be severable. S£GiIO'.`a 6.2 Er ACTP+i<'I t This Ordianance shall take effect ant'. be in force thirty (30) days from Enc) after its pd3sage, an6 prior to the e�_piration of fifteen (15) days From ite passage shall be jnzLlished once in the Costa mesa glume hezfld, a newspaper of general cireulaticn, printeei ansa pt h1JLshed in the City of Coste Mesa, together wiy,h the nnrnes of the members of the City Council voting for an- against the same. 15 PASSED and adopted this 5th day of March, 1956. of Cost Mesa ATTEST: City Clerk of the Cit of Costa Mesa STATE OF CALIFORNIA) COUN'T'Y OF ORANGE )SS CITY OF COSTA MESA ) I, A. C. SVTartz, Ci•cy Clerk and ex -officio Cler's of the City Council of the City of Costa Mesa, do hereby certi.fr ti?2t at an regular meeting of the City Council of the City of Costa Mesa, Californi. a, held on the 5th day of March, 1956, the foregoing Ordinance was considered -section by section and that said Ordinance was then passed and adopted as a w1hole 1:; the follaTiz-g vote: AYES: Councilmen Martin, Pin'kley, S?rith, Meyers and Nelson NOES: Councilman - None ABSENT: Councilmen - None - IN WITNYESS WHEREOF I have Hereunto set trey hard and affixed the oxiiciai aeal_of, the City of Costa :Mesa •chis 6th daffy of March, 1956. A. C. Swartz, City Cler and ex-offic- ierk — - of the City Council of the City of Costa Mesa, - 1 Califcrnia -16--