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HomeMy Public PortalAboutOrd. 0005ORDINANCE-NO. •h 2 AN ORDINANCE OF THE BOARD OF TRUSTEES OF 3 THE CITY OF LYNWOOD, CALIFORNIA, CREATING 4 A MATER DEPARTMENT FOR THE SAID CITY AND 5 ESTABLISHING WATER RATES, AND REGULATIONS 6 FOR THE USE OF WATER THEREIN, FIXING A PEN - 7 ALTY FOR THE VIOLATION THEREOF, AND REPEALING 8 RESOLUTION NO. 3 OF SAID CITY. The Board of Trustees of the City of Lynwood do ordain to 11 as follows: Section 1. - A Water Department of the City of Lynwood is 12 hereby created which shall have charge of the operation, maintain - 13 14 ante and repair of the Water System of said City, subject to the P 5 control of the Board of Trustees of said City. Section 2. There shall be a Superintendent of the Water 16 Department and also a Clerk of said Water Department to be appoint - 17 od by Resolution duly passed by the said Board of Trustees, and 18 which Resolution shall also fix the salary or compensation to be 1 10 20 paid the appointees therein named, and such appointees shall hold 21 office during,the pleasure of said Board. ' 22 Section 3. - The duties of such Water Superintendent shall 23 be to conduct such Water Department subject to the control of said 24 Board of Trustees and to enforce the provisions of this Ordinance 25 and generally do and perform such duties as the Board of Trustees 26 shall direct. 27 The Clerk of said Water Department shall keep all the ac - I ' 28 counts, books, minutes and records of said Department and shall ren� 29 der and collect all bills thereof under the supervision.of the Wat- 30 er Superintendent. 31 He shall promptly pay into the Treasury'of said City the 32 proceeds of all collections made by him at intervals of not more -1- e -. 1 2 3 4 5 6 7 8 wo 10 � � r than one week and shall report the amount of such collections and deposits to the Board of Trustees at the first regular meeting of said Board in each month and accompany the same with duplicate re- ceipts from the City Treasurer showing the deposit of all collections made for the previous month, together with a list of all delinquents. Section 4. - All moneys received by the City Treasurer from the hater Department shall be credited to a Water Fund. All money shall be paid out of such Fund upon warrants duly drawn therd- on in the manner provided by w la._,,..- -7, �._.. � Section 5.'= - That water rates for all water furnished from 11 the Municipal Water System of the City of Lynwood are hereby fixed 12 ( and established for water used each month as follows: 13 '� For each private dwelling house or separate 14 XO 5 r c 18 19 i 20 21 22 23 24 25 26 8 29 30 3 1 32 U" tenememt occupied by only one family and in- cluding water for all ordinary domestic pur- poses and for use on lot not to exceed ,780 square feet . . . . . . . . . . . . . $1.50 For each,additional 10,000 square feet or any part thereof, in excess of 21,780 s b x -,4.39 square feet of lot or yard use and for lot or yard two when not in conjunction with U I of water in dwelling house, for each 10,000.. square feet, or any part thereof the charge shall be . . . . . . . . . . . . . . . . . . $ .40 r each a ditto a residence upon.the..same lot, under the same ownership, where service is furnished upon application of owner and the owner pays all bills . . . .. . . . . . $1.00 For each store, shop and separate place of business equipped with plumming and facilities for the use of water, other than a public ga- ,rage or auto repair shop,the charge shall be $1.00 -2- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r ' - {'There the { nz 1 business, dwelling house rates 2 shall be 3 as above specified in 4 addition 5 for store or place of 6 business. 7 8 For every 9 garage or auto repair 10 11 12 shop, the 13 shall be . . . . . . . . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r ' - {'There the person or persons reside in the f place of business, dwelling house rates shall be charged as above specified in addition to rate for store or place of business. For every public garage or auto repair 7 J ✓ shop, the charge shall be . . . . . . . . . $1.50 For every public school or use on grounds adjacent thereto, the charge shall be . . . $ 3 1 ' j 00 For every water service or water connec- tion not herein specified, the rate per month shall be . . . . . . . . . . . . . . $1.50 Section 6. - The following rates shall be charged and collected for temporary water service as follows: Water for each barrel of lime or cement 5 cents. Vetting brick, per 1,000 10 cents Water for settling trenches, per lineal foot . . . . . . . . . . . . . . . . . 1 cent. Water for cement curb, for each 100 lin- eal feet .. 30 cents. Water for cement walk, for each 100 square feet .. . . . . . . . . . . . . . . . 15 cents. Water for tank wagons or other temporary use not above specified, the charge shall be, for each 100 cubic feet . . .. . . . . . 10 cents Section 7. - The Board of Trustees or Water Superin- tendent may cause a meter to be installed, at their discretion, on any water service, and it shall be their duty so to do, if the Board of Trustees or Water Superintendent have reasonable cause to believe excessive, wasteful or unreasonable use of water is being made from any such water service; and thereupon meter rates shall be charged for all water used per month from such water service as -3- 7 1 2 follows: For 2500 cubic feet, or less, of water used I � � 3 f per month $1.50 � `\ 4 --�;( For all water used in excess of 2500 cubic i 5 �� f per month, for each 100 cubic feet., ._ '5'-cents. r ` 6 `All meters shall be read by the Water Department monthly, 7 and all bills for water supplied through a meter shall become due 8 and payable at the City Hall on the reading of the meter. 9 If not paid on or before the 15th of the next succeeding 10 month, a penalty of 25 cents shall be added to the charge for water 11 furnished through meter during the previous month. 12 Water bills for water supplied through meter remaining 13 unpaid on the 16th of such succeeding month shall thereupon become 14 delinquent and the water may be shut off without further notice, - 15 and shall not be turned on until payment of the amount due with 16 $1.00 in addition for expense of turning water on and off. 17 The Water Superintendent may, in his discretion, cause a 18 meter reading to be made at any time and thereupon the bill for orate 19 used since previous reading shall become immediately due and payable 20 Section 8. — All bills for water except meter rates shall 21 22 become due and payable in advance at the City Hall on the first day of each and every month in which water is used. ^�nr" '/ If not paid on or before the 15th of the month in which J� ? 5 water is used,a penalty of 25 cents shall be added to the charge or water used during such month. 26 Al i s remaining unpaid on the first of the next suc— 27 za ceeding month shall thereupon become delinquent and the water may be 29 shut off without further notice and a charge of.$1.00 shall be made 30 in addition to the amount due for water for expense of turning water 31 off and on. —4-- 3 le " Section 9. — A consumer, in the meaning of this Ordinance, 2 . e / is one who has the privilege or opportunity to -use water from a pipe �3 or service on the premises occupied by him or (by permission from the 4 Water Superintendent) from some line or tap on property near him. 5 And in all cases the City will assume that water has been 6 used where any person or persons or tenants in common'have. had the 7 opportunity to use the same, and even though such person or persons 8 may not have used any water during any month, they will not be entit- 9 led to any rebate from the regular rate provided in such cases un- - 10 - less they have notified the 17ater Superintendent in writing to cut 11 off such service, and where it is not practical to turn off said ser— 12 vice or person, either owner or occupant must provide a line on the 13. street or alley with service cocks so that such service may be cut off, otherwise water will be charged to all said tenants in common 1.5 or persons until the whole service is cut off. is Section 10. — All water rates shall be charged against the 17 property on which it is furnished and against the owner thereof and 18 if for any cause any sums owing therefor become delinquent the water 19 may be cut off and in no case shall it be turned on to the sm e 20 property until all such delinquencies shall have been paid in full. 21 On failure to comply with the rules.and regulations estab- 22 ,. li'shed as a condition to the use of water or to pay rates or any 23 charge or penalty imposed under the terms of this Ordinance the 24 water may be shut off until payment of the amount due is made, with 25 One Dollar ($1.00) in addition for expense of turning water off and 26 on. ° 27 Section 11. — The hater Department shall have the right i 28 its discretion to require a deposit in advance as a condition prece- 29 ` dent to furnishing water service in an amount not exceeding the 30 estimated charge for water to be furnished for two months► use, but 31, not less in any case than `three ($3.00) Dollars, 32 rtion Section 12. — No person shall be entitled to water connec— r to water service until the owner of the premises or his duly d a 1 authorized agent shall make application for water service on a form 2 provided by the Water Department. Applications for service must be accompanied b� a sery a con ct p vment of. Te 010.00) Dollars. ection - steal a be unlawfulor any consumer, without the written consent of the Water Superintendent, to supply water to any person, firm or corporation other than the occupant or occupants of the premises of such consumer, or to permit any unauth- orized use of water through any water service installed for the use 8 of such consumer. 9 Section 14. - It shall be unlawful for any person to 10 open any fire hydrant, stop -cock, gate valve; or meddle with any 11 street service, water connection, or any water meter attached to any 12 service pipe connected,.with the water mains or water pipes of the 13 said City, or to turn on or off water in any water mains or water 14 pipes of said City,or to tap, break or injure any water main or wat- 15 er pipe of said City laid in any street, avenue, or alley or other 16 public place, or any reservoir of said City or to tap any water ser- 17 vice pipe between the point of connection with the said main and the 18 water pipe on private property, or take or draw water from any water 19 main, pipe or hydrant of said City in any manner not authorized by 20 this QrdinaAde;_• and the Water Superintendent may shut off the water 21 and discontinue water service to any person violating any of the 22 provisions of this Section. 23 Section 15. - All water outlets and all continuous 24 streams of water in use must be shut off promptly upon an alarm of 25 fire being given, and shall not be turned on again until the fire 26 occasioning such alarm shall be extinguished. 27 Section 16. - In case any authorized employee of the 28 Water Department be refused admittance to any premises during reason- 29 able hours, or being admitted shall be hindered or prevented from 30 making an examination of the water fittings or connections, the Wat- 31 er Superintendent may cause the water to be turned off from said 32 premises after giving twenty -four hours' written notice to the owner -6- s' 1 2 3 4 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4 �1 or occupant of said premises of his intention so to do in the event of such continued refusal or :interference. Section 17. -- In case of emergency the [^pater De- partment shall have the power to turn off water from mains and pipes of the system, without notice. In all other cases .the Superintend- ent shall give reasonable notice of such turning off to consumers likely to be affected. Section 18. - That any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon convictiop_ thereof shall be pun- ishable by fine of not more than One Hundred ($100.00) Dollars or imprisonment for a term not exceeding Fifty (50) days ir_ the C6finty Jail of Los Afi�pleg County, or shall be punished by both such fine and imprisonment in the discretion of the Court, and the amount of any charge made by the City of Lynwood or said Plater Department un- der the terms of this Ordinance shall be deemed a debt due to the said City of Lynwood and the person owing the same shall be liable to an action in the name of the City of Lynwood in any Court of com- petent jurisdiction for the amount of such char #e, with costs of suit; and in addition thereto a penalty of Twenty -five ($25.00) Dol- lars may be added to the judgment as costs to be collected from the de ;endant or dWesoiuls' Section I8 ion No. 3 of said Citv is hereby repealed. Section 19. - This Ordinanco is urgently required for the'immediate preservation of the public peace, health and safe- ty, and the following is a specific statement showing the urgency of this Ordinance: That said City of Lynwood has recently become incorporated as a Municipality of the Sixth Class under the laws of the State of Cali- fornia, and owns and operates a municipal water system for said City and its inhabitants,and there is at present no Ordinance of said Citi fixing water rates therein or for the protection of said water sys- tem, and such an Ordinance is now immediately required. -7- e 1 Section 20. - The `City Clerk shall certify to 2 the passage of this Ordinance•by a vote of four - fifths of all the 3 members of the Board of Trustees of said City of Lynwood, and its 4 approval by the President of said Board, and there being no news- 5 paper of general circulation published and circulated in said City, 6' he shall cause the same to be printed and posted in three public 7 places in said City of Lynwood, to -wit: a. One copy upon the bulletin board at the entrance 9 to the office of the Board of Trustees of said City at 205 West Mul- 10 ford Avenue, { 11 One copy upon the bulletin board at the Pacific 12 Electric Railway Station known as Lynwood Station at the intersection 13 of Long.Beach Boulevard and Fernwood Avenue in said City, and 14 One copy upon the bulletin board at the northwest 15 corne_rkofaMulford Avenue and Long Beach Boulevard in said City, 16 ai.i 4 t�hereu o and thereafter this Ordinance shall be in full force 17 and affect. T =� °., t E a r r Adopted this day of September, 1921. 18 e AT.TE President o f/ tFe of rus ee 20 of the/City of Lynwood. 21 Cit4vCler-k of e C" of Lynwood. 22 State of California County of Los Angeles ss.,s• 23 City of Lynwood. 24 I; Joseph H. Mirra , City Clerk of the City of Lynwood California, do hereby „certify,�that.the whole number of the Board of 25 Trustees of the City of Lynwood is'fise, and that the foregoing Ordi- nance, being Ordinance No. A- was' duly pissed„ and= adopted by a 26 vote of'four- fifths of all i�member'S "6nd:a proved by the President of said Board, and a.ttested,by the' i.ty" l`erk; a11' at a regular meet - 27 ing of said Board, held'oh' the.ii• da'y of 'Sept :ember, 1921, and that the same was-passeck and adopte v the following vote, to -wit: 28 �tiv `: i'`'• Ayes: Trustees -yam_ / 29 j'� 'r : / ,A a t/ < „Noes: None. -,Wt t J / rAbsent : 9IrnA 31 z 32 "y e ity Clerk o t e Ci yTLynwcod. e � � a. r 1 2 3 4 5 6 7 8 ' M \ 10 1 12 M 14 15 16 17 18 19 20 21 22 23 24 25 } 26 27 28 1 29 30 31 32 AFFIDAVIT OF POSTING ORDINANCE BY CITY CLERK. STATE OF CALIFORNIA, COUNTY OF LOS.ANGELES, S. S. CITY OF LYN4YOOD, I. J. H. Murray. being first duly sworn, deposes and says: I am, and was during all the times hereinafter men- tioned, a male citizen of the United States over the age of 21 years and City Clerk of said City of Lynwood; that there is no newspaper of general circulation published and circulated in said City of Lyn- wood; and that on the day of jr,, 192 1, I duly posted r4 1 4'1 Ordinance No.,, of said City, a printed copy of which said Ordinance is hereto attached, in three public places in said City of Lynwood, to -wit: One copy upon the bulletin board at the entrance to the office of the Bohrd of Trustees of said City at 205 West Mulf Avenue, One copy upon the bulletin board at the Pacific Elec- tric Railway Station, known as Lynwood Station, at the intersection of tong Beach Boulevard and Fernwood Avenue in said City, and One copy upon the bulletin board at the northwest F corner of Mulford Avenue and Long Beach Boulevard in said City. r Subscribed and sworn / to before me this, - 7 -day of Wvp /c 192 . resi ent of ie !36arld of Trustees of the City of Lynwood. Filed in the office of the City Clerk of the City of Lynwood, California, this day of 192 . Ci y Clerk of the City o Lynwood. r