HomeMy Public PortalAboutOrd. 0511S 1, r ,~ ~:
ORDINANCE N0. 511
AN ORDITANCE OF THE CITY OF LYNWOOD, CALIFORNIA,
RECREATIPiG THE WATER DEPARTMENT; ESTABLISHING
WATER RATES AND REGULATIONS FOR THE USE AND SER-
VICE OF P?ATER; AT1D REPEALING ORDI1vANGES 382, 412,
435, 437, 444,-and 478 of THE CITY OF LYNWOOD,
AND FIXING A PENALTY FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE.
The City Council of the City of Lynwood does ordain as
follows:
Section 1: Water Department: There is in the Gity of Lynwood
a Water Department. The Mater Department and all employees thereof
'shall be under the direct supervision of the City Engineer as Water
Superintendent. The 'later Department shall be staffed by such other
employees as the City Gouneil may from time to time require, in accor-
dance with the Civil Service Ordinance and regulations of the City of
Lynwood. Officers and employees of the Water Department shall furnish
such bonds as may from time to time be prescribed by the City Council.
Section 2: Collections by W'ater_ D_ebartment. The Water De-
partment shall issue all orders-for the furnishing or discontinuance
of water service, keep all accounts ZTith respect to water service, and
shall be responsible for the supervision and collection of all bills
for water service.
The proceeds of all collections for water service or other
charges made the previous day shall be deposited on the succeeding day
with the City. Treasurer. All moneys received by the Gity Treasurer
from the Water Department "shall be credited as follows:
Fifty cents (0.50) per month from each metered user within
the City shall be credited to the Capital Outlay Fund for City Park
improvement, and fifty cents (~p0.50) per month from each flat-rate
account shall be credited to the Capital Outlay Fund for city park
improvement, and an additional twenty-five cents (~,~0.25), in the case
of flat-rate users, Por each additional unit; and the Water Department
is authorized and directed to bill consumers indicating such diaburse-
menta; and the balance of all moneys obtained by the Water Department
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shall be credited to the Water Fund and all moneys shall be paid out
oP such fund by warrants duly drawn in the manner provided by law.
The water Department is also authorized to collect the garbage
charge provided for in Ordinance No. X33 as now or hereafter amended,
and the City Treasurer shall deposit funds from garbage charges upon
receipt thereof from the lJater Department, in the General Fund of the
City. The Water Department shall report to the City Council bi-monthly
the amount of receipts received by and turned over to the City Treasurer,
indicating separately the amount allocated to Water Service Capital
Outlay for Park Improvement and garbage charges.
Section 3: Connection Charges. No water service connection
shall be made until the owner or his duly authorized agent shall make
application for such connection upon a form provided by the Water Depart-
ment. Application for water service shall be accompanied by a service
connection charge in the amount specified in this section.
Flat rate service 3/~"....... ... .......;$25.00
A flat rate may be furnished for 3/~" connections
only for residential use.
All commercial, industrial, and irrigation uses and all use
for other than 3/4" connections shall be charged as follows:
' Metered Services:
5/~~~ to 3/~~~ ....:..........................25.00
i/~" .......................................30.00
.: ... ... .. ~o.oo
' 1 ......................................... 50.00
1 ....................................... 70.00
2" .........................................loo.oo.
3N .........................................200.00
In those instances where water service is being first estab-
lished in connection with new construction, and meters are not immediate-
ly installed, the constructor shall pay in advance the flat rate charge
preacri bed in this ordinance, for a period of two months, which shall
be the total expense of water clzargea until such construction work has
been completed. Upon completion of construction work, the owner will
have to make application for service as provided in this ordinance. No
charge will be made for such application.
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?4here water mains are not adjacent to the property and appli-
cation for service has been made, the City will extend its water mains
a maximum of 150 feet without cost to the applicant. All additional
mains shall. be paid for by the applicant at a cost of x$1.50 per lineal
foot. Refund of this cost will be made to the applicant if, within ten
(10) years sufficient taps have been made into the extended line whereby
there will be one water service for each 150 feet of new water main laid.
Section 4: Water Rates -Flat Rate: For water furnished at
a flat rate, the monthly charge shall be as follows:
For each residential unit for use on one lot,.ad,jacent lots,
or tract of land including all necessary water for ordinary
domestic purposes, such tract not exceeding 12 000 square
feet in area ..................................1.75
For each residential unit for use on one lot or tract of
land including all necessary water for ordinary or domestic
purposes, such tract not exceeding 18,000 square.feet in
area .......................................:..2.50
' For each additional residential unit:., on the same lot o~
tract of land where the charge is made to the owner of
such lot or tract of land .....................~0.75: ,
The foregoing rates shall be"charged and accrue each month
irrespective of whether such residential units are occupied:
Residential unite as herein used shall include the separate
units of courts, motels, apartment houses, flats, or other multiple
units, as well as single family dwellings.
For every public school and irrigation of school grounds,
adjacent thereto, the charges shall be at the rate of:
Elementary School........ .... ....:...:.~ 8:00 per month
High School or Junior High~School..........~18.50 per month
For independent private fire lines used exclusively for fire
protection, whether said lines be connected with automatic sprinkler
system or to hose attachments, the monthly charge shall be ae follows:
For each 2" fire line ...................:.:$~1:25
For each j" fire line ...................... 1.75
For each ~" fire line ...................... 2'.50
For each 6" fire line....... ................ 5.00
For each 8" fire line ...................... 7.50
For flooding excavations such as trenches or ditches or Pills,
the charge shall be ten cents (10¢) for each 100 cubio feet of excava-
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tion, ditch, or fill:
Section 5: Water Rates - Metered Use. For water furnished
inside city limits of the City of Lynwood through meters, the meter
charge shall be as follows:
For the first 1500 cubic feet or fraction thereof,,
the rats to be paid shall be .................~p1.50
For all crater furnished over 1500 cubic feet the-
rate to be paid shall be .06 per 100 cubic feet
or fraction thereof:
For water furnished outside the city limits of the City oP
Lynwood through meters, the monthly charge shall be as follows:
For the first 1500 cubic feet or fraction thereof,
the rate to be paid shall be ..............:::~1:75
For all water furnished over 1500 cubic feet the
rate to be paid shall be .08 per 100 cubic feet
or fraction thereof:
No flat rates of oaater shall be permitted outside the City
limits of the City.
Section 6: Water Charles - When Due. All meters, except
those installed for contractors, shall be read monthly, and all charges
for water supplied through a meter shall become due and payable at the
time of reading and shall become delinquent f fifteen days after a bill
has been mailed to the user:
All charges for water, except meter rates, shall be billed
once every~ttdo months and such bills shall become due and payable, in
advance, at the City hall on the first day of each bi-monthly period,
and shall be delinquent the 15th day of the second month for which they
are billed. Part payment of delinquent accounts will not be accepted.
This bi-monthly period will be indicated on each flat rate water bill:
Section 7: Coirimereial Use of 44ater Defined. All water fur-
niched to users for commercial, industrial, or irrigation purposes
shall be metered and charged for upon the metered basis at the rates
specified in Section 5 of this ordinance.
Commercial, industrial, or irrigation use, as in this section
defined, shall be deemed to mean the use of water that is necessary or
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' or dispensing of any manu-
customary in the manufacture or the cleaning
factured product, or clothing or foodstuffs or food or drink or the use
of water for any service capacity or irrigation or serving of any land
in the ownership of the same person, firm, or corporation, in excess of
18,000 square feet, whether the same beriir~ogation uaeishallmincludeae
or not. Such commercial, industrial, o
use of water for dentist, automobile washing establishments, swimming
pools, and any other use not ordinarily considered domestic.
4dater Not to be Diverted, It shall not be per-
Section 8:
i e or otherwise convey water from a premise
missible for any person to p P
herein authorized to any other premise not herein authorized, either
for construction work or for any other purpose.
Excessive Use - Meter Service: The Water Super-
Section 9:
intendent shall cause a meter to be installed on any water service if
said Water Superintendent has reasonable cause to believe that there is
excessively wasteful or unnecessary use of water from any such water
service; and thereupon meter rates will be charged for such water service
at the rates specified in Section 5 of this ordinance: The Water Super-
intendent's determination shall be final and conclusive:
Section 10: A lication Feea for Giater Service. Before water
service is furnished, a~written application therefor on a blank fur-
nished by the Water Department must be signed by the person desiring
such service, specifying his status as agent, owner or tenant: A cash
deposit must be made by the person applying for water service, in an
amount not to exceed the estimated charge for his water for two ~2)
months service, but not leas, iri any case, than X3.50, which shall be
held by the Water Department for a period of one (1) year from the date
of receiving the same and shall be returned to the depositor, provided
that all the depositor's water bills are paid to the department:
In the event any person having to his credit a deposit for
water service shall for any reason discontinue such service, the amount
remaining on deposit shall be first applied to any bill remaining unpai
by any such person and the balance of said deposit refunded: Pro~'ided
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~ a licant for water service who is a Boma
however, that each and every pp in the opinion of the
fide owner of the land to be serviced and who, in the
Clerk oY the Water Department, has the legal title to such land,
~ shall be exempt and excused from making his cash de-
applicant s name,
posit as above provided: And provided further, that where the o~,mer o
the City of Lynwood, has allowed the
any land serviced with water by
charges on such service to become delinquent and the water to be turned
off because of non-payment, no such person shall be exempt, from making
the required cash deposit within a period of one (1) year Yrom ®uch
time of delinquency:
Notwithstanding any other provisions of this section or of
this ordinance, the Water Department may demand a deposit in all cases
where, in the judgment of the Water Superintendent, the person applying
for water service 1s or has been a poor credit risk. Such deposit
may be in any reasonable amount required in such instances by the
Water Superintendent: Water service
Section 11: Water Service Discontinuance: vaid two
shall be discontinued oa all flat rate accounts remainiable:
(2) months after such account first becomes due and pay
Service shall be discontinued on all meter accounts remaPsiong
unpaid one (1) month after such account becomes due and payable:
vided if there is a deposit to secure payment oY water charges, water
service shall be discontinued on any such account immediately upon the
deposit being exhausted and v.^a.ter service shall not again be reestab-
lished until all current and arrears are paid and the required deposit
made; and an additional charge of '1.00 for the expense of discontinu-
ing and reestablishing such service shall be made f of e~ch00nforvthe
disconnection made by the department; and a charge ~ 5
expense oY discontinuing and-reestablishing such service for each in-
stance when it becomes necessary to discontinue and re-establish such
service as a result of an unauthorized use. In the event the City dis
continues water service pursuant to this ordineai~ feessor withoutsdue
vice is re-established without the payment of
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authorization from the City of Lynwood, the owner or user of any such
water or vaster servi ce shall be presumed to have effected or authorized
such unlawful re-establishment of water service until the contrary is
satisfactorily established:
Water service may also be discontinued as to any user or ser-
vice in .the event of failure to pay the garbage charges specified in
Ordinance No: 433, as now in force and effect or as hereafter amended:
dater service may also be discontinued for any unauthorized
use of vrater or for any violation of this ordinance:
Section 12: Subdivisions: In the matter of subdivisions of
land, the owner or subdivider shall submit to the City Engineer oY said
City two (2) copies of plans and specifications showing proposed water
system in said subdivision: Such plena and specifications shall conform
to standard requirements of the City of Lynwood Water Department and
shall bear the approval of the City Engineer, prior to any construction.
All such vrater distribution systems shall be constructed by
and at the expense of the subdivider. This requirement nay be waived
where the subdivider elects to pay into the Lynwood Water Department
the sum of One and fifty/hundredths Dollars ~w1.~0) per lineal foot of
main ae shoa*n on the approved plan, in which case such work shall be
constructed by the City of Lynvrood. Subdivider shall also comply with
the requirements of Ordinance No. 446, the subdivision ordinance, as
now in force and effect or as hereafter amended:
Section 13: Liabi~ ty f°r Water Charles. Any person who has
signed an applicatlon for vrater under this ordinance or who has used
vrater or who is otherwise obligated to pay for vrater furnished by the
City of Lynwood, shall remain so obligated until all charges for the
use of such water have been paid; and all such persons shall remain
further obligated until such time as the dater Department has been duly
notified in writing to discontinue service; and all such liability anal:
continue regardless of whether the water is being used and regardless
of a change in ownership, provided that the water Department may releas
such liability as to any user, owner, or applicant in the event due
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application has been made by a new user pursuant to this ordinance.
No allowance or refund shall be made until all water charges have been
paid or until such release has been authorized and completed:
Section 1~: Temporarv Connections. Connections for temporary
water use will be made when applicant shall deposit a sum equal to the
cost of labor and material necessary to make such connection, as shall
be estimated by the Vdater Superintendent. This amount shall remain on
deposit with the I~7ater Department until termination of such use, during
which time regular rates will be charged for router use. At such termin-
ation, the deposit shall be returned, leas a charge of 30 per cent for
depreciation. Any such services continuing for a period of one ~1)
year shall be deemed to be permanent:
Section 1$: violations. It shall be unlawful for any person:
A: To suffer, use, or permit any unauthorized use of water.
B: To fail to pay the charges herein specified for the use
of roratea~.
C. To pipe or otherwise convey water from a premise herein
authorized to any other premises not herein authorized,
for any purpose:
D. To fail, refuse, or neglect to pay the charges for the
use of water herein specified.
E. To make any unauthorized connection with the water mains
of the city or of any other person.
F. To wilfully destroy, damage, or interfere with any water
mains or connections:
G: To fail to make due application Por the use of .water
as herein provided:
H. To fail, refuse, or neglect to obey or comply with any
lawful order or direction of the Water Superintendent.
I, To violate any of the terms or provisions of this ordinance.
J. To wilfully waste E.rater:
Section 16: Change from Meter to Flat Rate. Every user of
water for domestic purposes within the City now served through a meter,
if eligible for flat rate service under this ordinance may elect, sub-
Sect to the limitations hereinafter set forth, to have water for domestic
purposes furnished without metering and at the rate specified in Section
~ hereof:
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The election provided for herein shall be exercised iri the
following manner. ~
The user shall notify in writing the Clerk oP the Water Depart-
ment of his election to be served without metering and upon receipt of
such written not ificatlon, the 6.later Department shall, within a reason-
able time, effect the change of service desired. A reasonable fee may
be charged for such change of service. No election shall be allowed in
those cases where a meter service has been in use Por a period of one
year or more by a single user:
Section 17: Water Service Discontinuance. Water service may
be discontinued for any violation of this ordinance, including the
failure to pay the charges herein specified. Such discontinuations
may be made upon the giving of written notice by mail either.to the
person who applied for such water service or to the occupant or user
of the premises serviced. Such notice may be given by the Clerk of the
Water Department. It shall not be the obligation of the City to determine
any conflicting claims as to the legal liability to pay such charges:
Section 18: Access to Premises. City officers and employees
shall have the right of access to private property for the purpose of
inspecting water mains and suspected violations of this ordinance. Such
right of access shall exist only during daylight hours and upon proper
identification, when demanded. An application for water service shall
be deemed a consent to right of access and inspection herein given.
Section 19: Penalties. Any person, firm or corporation vio-
lating any oP the provisions of tYiis ordinance shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punishable by a
fine of not to exceed five hundred dollars 0500.00) or imprisonment
in the City Jail of the City of Lynwood or the County Jail of Los Angeles
County, State of California, for a period oP time not to exceed six
months, or by both such fine and imprisonment.
Each such person, firm, or corporation shall be deemed guilty
oP a separate offense for every day during any portion of which violation
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of`any provision of this ordinance is committed, continued, or permitted
by such person, firm or corporation, and shall be punishable therefor
as provided by tliia ordinance.
Section 20: Repeal of Confl~in~ Ordinances. Ordinances
Numbers 382,12, X95, X3'1, ~'~~", and X78 and all ordinances or parts
of ordinances conflicting with the provisions of this ordinance are
hereby repealed.
Section 21: The City Clerk shall certify to tYie passage and
adoption of this ordinance and shall cause the same to be published
.once in the Lynwood.Press, a weekly newspaper published', printed, and
circulated in the City of Lynwood, California.
First read at a regular meeting of the City Council of said
City held on the 4th day of Oet.____"ober ____, i9~' and finally adopted
and ordered published at a regular meeting of said Council held on the
18th day of October , 19~,, by the following vote:
AYES: COUNCILMEN: Bruner Jenaen.__~Ts~h„ -
+lillard Williams
NOES: COUNCILMEN: None.
ABSEIvT: COUNCILMENi °T_°'"
_.
~ ATTES~.
! ITY CLERK, OI O LYNW OD
_broved as to fo .:
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r. ._..._........_ ............. ......... i
m;. mF G:~ CAL=Y ORiIA )
~._~ ~._~
COliA'.~~3 OF LOS ADiGELESe sso
CIi'Y OF LvN.P00il )
I, the undersigned, City Clerk of the City
.-
~~~a E.t-~~.._~L~ .,~,,._. ,~~ ,,~r ~ounc;_1 of sw
_.o hereby certify that the above is a true an~~_
corr~~c't copy of Ordinance ,do, ~l adopted by the
City Council cf the City of Lynorooc_ and that same, 1:~~s
passed on thedate and_ by the vote therein state~~_o
Lated this ~0 h d_ay of ~_ October , 19 ~9 .
~_ CITY CLERK 0~'~'HE CI i'Y :,.~ LYN'.~:r00D