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ORDINANCE NO.�_
THE CITY COUNCIL OF THE CITY, 7 PORT BEACH DOES
ORDAIN AS FOLLMS:
• Section 1. 'eJATER SYSTEea. The municipal water system of
the City of Newport Beach is hereby declared to embrace and include
all property of every character, real, personal, and mixed, now used
in or incident to the production, storage, conveyance and delivery
of crater to the consumers thereof in the City of Newport Beach, to-
gether with all other property of every character that may hereafter
from time to time be added to it for such purposes.
Section 2. SUPERINTENDENT. The City Council shall appoint
a suitable person to the office of Superintendent of the municipal
water system of the City of Newport Beach, who shall serve only
during the pleasure of the City Council; the Superintendent of the
municipal crater system shall have all the power and authority given
him by this ordinance and shall perform the duties norr hereafter
imposed upon him by ordinance and the orders of the City Council.
• The Superintendent of the municipal grater system shall
receive for his services the compensation from time to time fixed
by the City Council and shall be paid monthly.
The Superintendent of the municipal water syste,n shall
have full authority to employ and discharge all persons necessary
to be employed by him in the maintenance and operation of the
municipal mater system, but shall be authorized to pay only such
wages or per diem pay as the City Council may have previously fixed
and established.
He shall also have authority to purchase all needed fuel,
supplies and equipment for the maintenance and operation of the
municipal water system when the expenditure does not exceed the
sum of ,1500.00, in all other cases the sane shall be purchased only
upon authorization of the City Council, and as provided for by lav .r.
The word "Superintendent," wherever used in this ordinance,
shall be held and construed to mean the Superintendent of ':eater
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Department of the City of Newport Beach, and any act in this ordin-
ance required or authorized to be done by the Superintendent, may
be done on behalf of the Superintendent by an authorized officer or
employee of the Viater Department. The word "person" wherever used
• in this ordinance shall be held to mean and include natural persons
of either sex, associations, co- partnerships and corporations,
whether acting by themselves or by a servant, agent or employee;
the singular number shall be held and construed to include the plural
and the masculine pronoun to include the feminine.
Section 3. UNLILrF'JL TO OBSTRUCT DUTIES OF EiLPLOYEES. It
is hereby declared unlawful and a'misdemaanor for any person to
interfere with or obstruct the Superintendent of the municipal ;rater
system, or any of his duly appointed agents, servants or employees,
in the execution of any lawful order of the City Council, or the
provisions of this ordinance in the maintenance and operation of
the municipal water system.
Section 4. UTYLAIIFUT. TO INTERFERE ':jITH PIPES. Every
person, other than the Superintendent of the municipal water system,
• his duly appointed agents, servants and employees, who removes,
changes, disturbs, or in any way tampers or interferes with any of
the facilities, apparatus, appliances, or property used or maintained
for the production, storage, or supply of water by the City of
Newport Beach to consumers thereof, or who, without lawful authority,
and prior permission of the Superintendent of the water system,
turns the water on or turns the water off from the premises or place
shall be deemed guilty of a misdemeanor.
Section 5. N&vl 'dATER CONNECTIONS. No person is or shall
be authorized to install any pipe, apparatus, appliance or connection
with the municipal water system except the Superintendent thereof,
or his duly appointed agents, servants and employees, and every
other person who shall make any such installation or connection
shall be deemed guilty of a misdemeanor,
• Every owner or tenant of the premises who shall desire to
connect his or her property with the municipal water system for the
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Purposes of having water furnished to such premises shall make a
written application to the Superintendent of the mjnicipal water
system, describing the premises to be connected therewith, the
size of the pipe by which the connection is desired to be made,
1 setting forth the address of the owner and the person to whom all
notices are to be mailed; the said application shall contain an
express agreement on behalf of applicant that the water to be used
on the premises shall in all respects be used subject and subor-
dinate to the orainances and the orders of the City Council, and
lawful regulations of the Superintendent of the water system.
Upon the presentation at the office of the Water Depart-
faent of the receipt for the installation, of fees and execution of
the agreement hereinbefore provided for, the Superintendent shall
cause the premises described in the application, if the saiae abut
upon the street or alley upon which there is a city water main, to
be connected with the city's water main by a service pipe extending
from the main to the curb line on the front of the property or to
the side thereof or rear thereof, and including a stop -cock placed,
• which service pipe and stop -cock shall thereafter be maintained by
and kept within the exclusive control of the city. In cases of
application for water service on premises not abutting upon a street
or alley upon which there is a city water swain, the city will lay
its service pipe from the main toward the premises for a distance
equal to the distance fron the main to the curb line on property
line, said distance in no case to exceed 100 feet, and permit connect-
ion therewith by means of a union and pipes laid at the expense of
and maintained by the owner of the service, or may in the discretion
of the Superintendent, upon the payment of the actual cost thereof
extend the service to the premises of the applicant along and beneath
any public street, right of ways, alleys or avenue of the City of
Newport Beach, but not otherwise.
Every premise supplied by city water shall have its own
• separate service connection with the city main, and the premises so
supplied will not be allowed to supply water to any other premises,
except temporarily; provided that such restrictions shall not apply
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to services already installed unless in the judgment of the
Superintendent for the good of the service or to settle disputes,
it is found necessary to enforce such provisions as to connections
already made.
Section 6. SERVICE FEES. No service connection less than
three - fourths (3/4) inch in size shall be installed.
The fees for the installation of water services or for
enlarging those already in shall be as follows:
For a three- fourths inch
(3/4 ") service ......... .........................w25.00
For a one inch (111) service ....................... 35.00
For a one and one -half inch
(1 1/211) service . ............................... 45.00
For a two inch (21') service ....................... 70.00
For sizes larger than two inch (2 "), or where it becomes
necessary to open paved street, the actual cost of labor and material
in laying such a service and replacing the pavement shall be charged
plus 10 per cent for overhead. In such cases the cost of material
and labor shall be estimated by the Superintendent and the estimated
cost shall be paid to the City 'skater Department by the person
applying for such installation before the work of connecting the
main with the property is begun; provided, that whenever the esti-
mated cost is not sufficient to cover the total expense for labor
and material the deficit shall be charged to the property for which
such installation was made and to the owner thereof; provided fur-
ther, that any excess payment shall be returned to the person apply-
ing for the installation.
Section 7. SERVICE TO SEPARATE BUILDINGS. Each building
supplied with water by the Water Department must have a direct
service connection with the main except that in cases where two or
more such buildings, owned by the same person, are built upon a lot
having a frontage of 50 feet, or less, said buildings may be served
by one service pipe and one meter.
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Section 8. YiATER RATES. The water rates to be charged
and collected monthly from consumers of water supplied by the City
of Newport Beach to imiabitants of the City of Newport Beach or to
any firm, company, association or corporation, are hereby established
• and the Mater Department is hereby authorized and directed to charge
and collect the same in accordance with the provisions of this
Ordinance.
(a) Meter Rates:
17here water is furnished through a meter for domestic use
and all business purposes other than agricultural, the monthly rate
for water consumed shall be as follows:
For 5/8 inch meters, first
700 feet or less .....................y1.30
For 3/4 inch meters, first
700 fleet or less ..................... 1.30
For 1 inch meters, first
1000 feet or less ..................... 1.66
For 1 1/2 inch meters, first
1300 feet or less ..................... 2.02
For 2 inch meters, first
1600 feet or less ..................... 2.38
• For 3 inch meters, first
1800 feet or less ..................... 2.62
For each additional 100 cu. ft. ....... .12
(b) Flat Rates.
'.Then water is furnished not through a meter, a charge for
each connection shall be made of ;w;2.50 per month; provided that when
the hater is paid for annually in advance the charge shall be t,�25.00
per annum.
Provided, further, the City of Newport Beach shall have the
right to install water meters on any and all water services, and
when meters are installed on water services, the charges for water
used through said meters shall be in accordance with the meter rates
hereinbefore set forth.
(c) Construction Purposes.
• Water supplied for construction purposes where meters are
not installed or used, the following flat rates are hereby established-
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For each 100 lineal feet of curb ..........YpO.20
For each 100 square feet of sidewalk...... 0.10
For each 100 square feet of
concrete pavement ....................... 0.20
For each barrel of cement used for
• other construction ...................... 0.10
For'settling each 100 lineal feet
of backfill in trenches not over
3 ft. in depth .......................... 0.60
For each additional foot in depth......... 0.20
For settling each 100 sq. ft. of
graded earth street ..................... 0.04
For settling each 100 sq. ft. of
graded sand subgrade .................... 0.06
(d) Other Uses.
Water used for all other purposes not hereinbefore enumer-
ated, shall 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 9. PRIVATE FIRE LINES. Rates for private fire
line service, except where
• meter is not required, wit
2 inch service
4 inch service
6 inch service
6 inch service
automa
iin the
010.00
$15.00
20.00
iu,25.00
tic sprinkl
City.
per annum,
per annum,
per annum,
per annum,
ers are installed, when
payable semi - annually.
payable semi - annually.
payable semi - annually.
payable semi - annually.
If such line is found tapped for domestic use, a meter
shall be installed on such service at the expense of such consumer
and the regular meter rates shall be charged thereafter. The
right shall be reserved to disconnect such fire service from the
cityls main by direction of the City Council on recommendation of
the Superintendent of the `dater Department.
Section 10. TURN -ON CHARGES. tJhen water service to any
premises has been turned off bedause of non - payment of bill or
violation of this ordinance, or ordered by the owner or tenant, a
• charge of X2.50 shall be,made and collected for each service on the
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premises before water service will be restored.
Section 11. PAYDM4T OF HATER CHARGES. !3henever the
distribution line or lines of the municipal water system shall be
duly connected with the premises of any person, and the water
•
turned
on to
such premises, the
charges
for water
shall be
a
charge
that unless said
against
the
person in possession
of the
premises
who used
the
water,
and the charges shall continue so long as the water is turned on
to said premises, whether the same is actually used or not.
All charges for water shall be payable on the first day
of each month succeeding the month in which the water was furnished;
every charge for water that is not paid by the hour of five otclock
P. IA. of the tenth day of the month in which it becomes due shall
be deemed delinquent, and thereafter said water may be turned off
from the premises.
The Superintendent of the municipal water system shall,
on or before the first day of each month, mail to each consumer
whose premises are connected with the municipal water system a
true and accurate statement of the unpaid charges due the City of
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Newport Beach for
water
furnished
to
such premises,
setting
forth
that unless said
charges
are paid
on
or before the
10th day
of the
month, the same shall thereupon become delinquent, and that unless
the delinquent charges are paid prior to the twenty -fifth day of
the month the water will be turned off from said premises, without
further notice, and will not be turned on.again until said charges,
together with a turn -on charge as specified in Section 10, has been
paid.
At the close of business on the twenty -fifth day of each
month the person in charge of the books of the municipal water
system shall furnish to the Superintendent of the water system a
list setting forth the premises, the name of the owner and tenant,
upon which the water charges remain unpaid, together with the amount
thereof and it is hereby made-the imperative duty of the Superintendent
• of the water system, on the next business day, to turn the water off
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from said premises, and not to turn the same on again until all
charges, and the turn -on charge as specified in Section 10 shall
have been well and truly paid.
Section 12. TENANT DEPOSIT. In the event that the appli-
cant for water service shall not be the ovmer in fee of the property
to be supplied with water andsuch owner of the premises shall refuse
to be jointly liable for the payment of the crater bills, the :Dater
Department shall require a deposit of three dollars($3.00) on average
dwellings.
On larger residences, commercial service, or where condit-
ions necessitate a larger consumption, the deposit shall represent
an estimated amount equal to not less than two months estimated maxi-
mum consumption. Such estimate shall be made by the Superintendent
of the municipal water system.
When the foregoing conditions are fulfilled, the later
Department is then obligated to turn on the water for the qualified
consumer.
Section 13. VACATING PREMISES. 9henever a consumer shall
vacate any premises, he shall immediately give written notice thereof
to the Water Department. Upon the receipt of such notice, said de-
partment shall read the water meter, shut off the water from said
premises and immediately present to said consumer all unpaid bills
for water furnished by the city to him up to that time. Thereupon
said consumer shall pay said bills to the Water Department. In the
event that said consumer shall have made a deposit with said depart-
ment, as required in Section 12 of this Ordinance, the balance, if
any, of such deposit shall be returned to the consumer, after de-
ducting therefrom the amount of said bills. Until such notice and
payments shall have been made, said premises shall be deemed
occupied by such consumer and his liability continued.
Section 14. CHANGE OF ADDRESS. Failure to receive mail
will not be recognized as a valid excuse for failure to pay water
• rates when due. Change in occupancy of property supplied with city
water and changes in mailing addresses of consumers of city water
must be filed in writing at the office of the Superintendent on forms
provided for that purpose.
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Section 15. RENZdING SERVICE. Vdhenever the owner or
occupant of any premises previously connected with the city water
system desires.to renew the use of water he shall make application
for renewal of water service and upon payment of all unpaid charges,
• if any, together with a turn -on charge as specified in Section 10,
the water will be turned on.
Section 16. USE OF YJATER DURING A FIRE. It shall be un-
lawful for any person to use any water for irrigation or any steady
flow during the progress of any fire in the city, unless for the
protection of property, and all irrigation and sprinkling shall be
immediately stopped when an alarm of fire is sounded in any part of
the city, and shall not be begun again until the fire is extinguished.
Section 17. WASTAGE OF VIATER. It shall be unlawful for
any person to waste water or allow it to be wasted by imperfect or
leaking stops, valves, pipes, closets, faucets or other fixtures,
or to use water closets without self - closing valves, or to use the
water for purposes other than those named in the application upon
which rates for water are based, or to use it in violation of any
• provisions of this Ordinance.
Section 18. 1JETERS PROPERTY OF CITY. All meters, unless
otherwise authorized by the Superintendent, shall be and remain the
property of the city and will not be removed unless the use of water
on the premises is to be entirely stopped or the service connection
discontinued or abandoned. In all cases where meters or meter boxes
,.- are lost, injured or broken by carelessnessor negligence of owners
or occupants of premises, they shall be replaced or repaired by or
under the direction of the Superintendent and the cost charged
against the owner or occupant, and in the case of non - payment the
water shall be shut off as provided in Section 11. In the event of
the meter getting out of order or failing to register properly the
consumer shall be charged on an estimate made by the Superintendent
on the average monthly consumption during the last three months
• that the same was in good order or from what he may consider to be
the most reliable data at his command.
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Section 19. IETER TESTS. there the accuracy of record
of a stater meter is questioned, it shall be removed at the consumer's
request and shall in his presence be tested in the shops of the
;later Department by means of the apparatus there provided, and a
• report thereon duly made. Both parties to the test must accept the
findings so made. If the test discloses an error against the con-
sumer of more than three per cent of the meter's registry, the excess
of the consumption on the three previous readings shall be credited
to the consumer's peter account, and the Water Department will bear
the entire expense of the test, and the deposit required as herein-
after prescribed shall be returned. On the other hand, where no
such error is found, the person who has requested the test shall pay
the charge fixed for such test.
Before making a test of any meter the person requesting
such a test shall at the time of filing his request with the Superin-
tendent, make a deposit with the City Water Department of the m-iount
charged for such a test, subject to the conditions herein stated,
which charges are
• For
For
For
For
For
For
For
fixed as follows:
testing 3/4" meters ..............p1.00
testing 1" It .............. 1.50
testing 1 1/2" " .............. 1.50
testing 2" if ......... 2.00
testing 3" It .............. 3.00
testing 4" it .............. 4.00
testing 6" " .............. 5.00
No meter shall be removed, or in any way disturbed, nor
the seal broken, except in the presence or under the direction of the
Superintendent.
Section 20. CONSM;M.'S RESPONSIBILITY. All meters of
the Water Department shall be placed at the curb line of the street
or near the property line in alleys, whenever and wherever practic-
able, and be protected and maintained as a part of the operation of
the department.
Where a water meter is placed inside the premises of a
consumer, for the convenience of said consumer, provisions shall be
• made for convenient meter reading and repairing by representatives
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of the department. Failure to make such provision by the consumer
shall be sufficient cause for removal of such meter at the option
of the Superintendent of the department and the withholding of
service until connection is made at the curb line as herein provided.
The City of Newport Beach shall in no way whatsoever be
• responsible for any damage to person or property because of any leak-
age, 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
situate between any meter property 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 less occasioned directly
or indirectly by the existence of any meter or pipe situate upon
private property.
Section 21. USE OF FIRE HYDRANTS. Public fire hydrants
shall be placed, maintained and repaired by the water department.
Any damage thereto by persons or agency other than representatives
of the fire or water department, shall be a claim against the person
or agency committing such damage, and the Superintendent of the water
• department shall take such action as may be necessary'to collect the
same. °
Fire hydrants are provided for the sole purpose of ex-
tinguishing fires and shall be used otherwise only as herein provided
for, and shall be opened and used only by the water and fire depart-
ments or such persons as may be authorized to do so by the Chief of
the Fire Department or the Superintendent of the Water Department as
herein provided.
All persons, firms or corporations desiring to use water
through fire hydrants, or other hydrants owned or controlled by the
city, shall be required to obtain a permit, first, from the Chief of
the Fire Department, second, from the Superintendent of the Water
Department who shall issue no such permit to any person who has
• violated any of the provisions of this ordinance or whose indebted-
ness to the city for water used or damage to hydrants or equipment
is delinquent. And all such persons having permit for use of water
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from the fire hydrants must provide hydrant wrenches for the operat-
ion of such fire hydrants.
Permit for the use of water through the fire hydrants of
the city may be cancelled at the will of the Superintendent of the
Water Department on evidence that the holder thereof is or has
• violated the privileges conveyed thereunder. Such notice of cancel-
lation shall be in writing officially delivered to the persons to
be notified and shall be immediately effective and enforced.
Section 22. UNLAWFUL TO OBSTRUCT FIRE HYDRANTS. It shall
be unlawful for any person to obstruct the access to any fire hydrant
by placing around or thereon any stone, brick, lumber, dirt or other
material or to willfully or carelessly injure the same, or to open
or operate any fire hydrant, or to draw or attempt to draAr water
therefrom, except as provided in Section 20 hereof.
Section 23. REPAIRS OR EXTENSION. The City of Newport
Beach reserves the right to shut off the water from any premises, or
from any part of the distributing system, as long as necessary, with-
out notice to consumers, at any time when the exigencies of the oc-
casion may require it, but in all cases of extensions or connections,
• said department shall notify consumers of the necessity of shutting
off water and the probable length of time the water shall be so
shut off before taking such action.
Section 24. DRA:JING 1,JATER INTO STEAiv BOILERS. No station-
ary steam boiler shall be connected directly with the water distri-
bution 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 shall be provided, and the service pipe supplying said
tank shall discharge directly into the top of said tank.
Section 25. RIGHT OF INSPECTION. Any officer, foreman or
duly authorized representative of the water department shall at all
times have the right of ingress and egress to the consumer's premises
at all reasonable hours for any purpose reasonably connected with the
furnishing and conservation of water, for the inspection of the entire
• water system upon said premises.
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Section 26. REPORT ON VIOLATIONS. It shall be the duty
of the employees of the Police, Fire and Street Departments to give
vigilant aid to the Superintendent in the enforcement of the provis-
ions of this Ordinance, and to this end they shall report all violat-
ions thereof which come to their knowledge, to the office of the
Superintendent and it shall be the duty of the Chief of Fire Department
to report immediately to the Superintendent in case of fire in prem-
ises having metered service for fire protection purposes that fire
has occured there.
Section 27. EXCESS ':LATER. All excess water may be sold
by the City of Newport Beach to consumers outside of said city in the
manner provided by law.
Every person who shall do or fail to do any act in this
Ordinance declared to be unlawful shall be guilty of a misdemeanor
and upon conviction thereof, in a court of competent jurisdiction,
be punished by a fine not exceeding 9,100.00, or imprisonment not ex-
ceeding 15 days, or by both such fine and imprisonment in the dis-
cretion of the court.
Section 28. Ordinances Nos. 171, 277, 409, 431, 479, 481,
520 and 534, and all other ordinances and parts of ordinances in
conflict with this Ordinance are hereby repealed.
The above and foregoing Ordinance was introduced at a
regular meeting of the City Council of the City of Newport Beach,
held on they day of �{ �) 1946, and was finally passed
and adopted on —thhe �day of X 1946, at an adjourned regular
meeting thereof by the following roll call vote t e eof.
/1 ��r r
AYES, Councilmen: �,�,�iJ� ,, j
NOES,
Councilmen:
ABSENT,
Councilmen:
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The above and foregoing Ordinance is signed and approved by
me this day of 04ZLI. 1946.
Attest:
FRAN RINEHART, City Clerk
0. B. REED, V.tLyor
of the City of Newport Beach