HomeMy WebLinkAboutORD NO 2327EMERGENCY ORDINANCE NO. 2327 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 1.46 TO
THE MUNICIPAL CODE ESTABLISHING AND ADOPTING
RULES FOR THE OPERATION OF THE CITY'S WATER
SYSTEM IN THE ASHE WATER SERVICE AREA.
WHEREAS, the emergency ordinance is to provide for the
daily operation of the Department of Water and is pursuant to
Section 24 of the Bakersfield City Charter.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
There is hereby added to the Bakersfield Municipal Code
Chapter 1.46 to read as follows:
Chapter 1.46
OPERATIONAL RULES
ASHE WATER SERVICE AREA
Sections:
1.46.010
1.46.020
1.46.030
1.46.040
1.46.050
1.46.060
1.46.070
1.46.080
1.46.090
1.46.100
1.46.110
1.46.120
1.46.130
1.46.140
1.46.150
1.46.160
1.46.170
Definitions
Description of Service
Application for Service
Contracts
Special Information on Forms
Establishment and Re-establishment of Credit
Deposits
Notices
Rendering and Payment of Bills
Disputed Bills
Discontinuance and Restoration of Service
Rates
Temporary Service
Main Extensions
Service Connections, Meters and Customers' Facilities
Meter Tests and Adjustment of Bills
Service to Separate Premises and Multiple Units
and Resale of Water
1.46.010 Definitions.
Applicant:
Customer:
The person, corporation, partnership
or other agency applying for water
service.
Any person, association, corporation,
partnership or other agency of record
supplied with water service from the
City.
Date of Presentation:
Residential Service:
Metered Service:
Business Service:
Industrial Service:
Irrigation Service:
Main Extensions:
Premises:
City:
Service Connection:
Service Pipe:
Rates:
The date upon which a bill or notice
is mailed or delivered by the City
to the customer.
Provision of water for household
purposes, including water used on the
premises for sprinkling lawns, gardens
and shrubbery; washing vehicles; and
other similar and customary purposes
pertaining to single or multiple
family dwellings.
Service for which the charges are
computed on the basis of measured
quantities of water.
Provision of water for use in con-
nection with commercial premises
devoted primarily to operations for
profit including offices, stores,
markets, apartments, hotels, motels,
automobile trailer parks or courts,
service stations and the like.
Provision of water to industrial
premises where the water is used
primarily in manufacturing or processing
activities.
Provision of water for commercial
agriculture, floracultural or
horticultural use and billed under
distinct irrigation rates.
The extension of water distribution
mains beyond existing facilities in
accordance with the provisions of the
rule applicable to main extensions
filed as part of these tariff schedules.
The integral property or area, including
improvements thereon, to which water
service is, or is to be, provided.
The City of Bakersfield and Department
of Water, or California Water Service
Company, agent.
Service pipe and meter (where
applicable) from distribution pipe
line to nearest curb or property line
adjacent to a dedicated public street
or to a public utility easement available
for use by the City.
The connection between the City's
mains and the service connection,
including all of the pipe, fittings
and valves necessary to make the
connection.
The rate or charge for water use.
1.46.020 Description of Service.
A. Quantities.
The City will endeavor to supply water dependably and
safely in adequate quantities to meet the reasonable needs and
requirements of customers.
B. Pressures.
The City will endeavor to maintain normal operating
pressures of not less than 40 pounds per square inch nor more than
125 pounds per square inch at the service connection, except that
during periods of hourly maximum demand the pressure at the time
of peak seasonal loads may not be less than 30 pounds per square
inch and that during periods of hourly minimum demand the pressure
may not be more than 150 pounds per square inch. Variations in
pressure under normal operation will not exceed 50 percent of the average
operating pressure. (The average operating press~re will be
determined by computing the arithmetical average of at least 24
consecutive hourly pressure readings).
C. Quality.
Whenever furnished for human consumption or for domestic
uses, the City will endeavor to provide water that is wholesome,
potable, in no way harmful or dangerous to health and, insofar as
practicable, free from objectionable odors, taste, color and
turbidity.
1.46.030 Application for Service.
A. Application for Service.
Each applicant for water service may be required to sign,
on a form provided by the City, an application which will set forth:
(1) Date and place of application.
(2) Location of premises to be served.
(3) Date applicant will be ready for service.
(4) Whether the premises have been heretofore
with water by the City.
(5) Purpose for which service is to be used.
(6) Address to which bills are to be mailed
supplied
or delivered.
o
(7) Whether applicant is owner or tenant of, or agent
for the premises.
(8) Rate schedule desired where optional rates are in
effect.
(9) Such other information as the City may reasonably
require.
The application is merely a written request for service
and does not bind the applicant to take service for a period of time
longer than that upon which the rates and minimum charge of the
applicable rate schedule are based; neither does it bind the City
to serve, except under reasonable conditions.
B. Individual Liability for Joint Service.
Two or more parties who join in one application for service
shall be jointly and severally liable for payment of bills and shall
be billed by means of single periodic bills.
C. Change in Customer's Equipment.
Customers making any material change in the size, character
or extent of the utilizing equipment or operations for which the
City is supplying water service shall immediately give the City
written notice of the extent and nature of the change.
D. Use of Water Without Application for Service Having Been Made.
Any person or firm taking possession of and using water
without having made application to the City for service, shall be
held liable for the full amount of the service rendered.
1.46.040 Contracts.
A contract, as a condition precedent to receiving service
from the City, will be required only under any of the following
circumstances:
(1) Where required by provisions in a filed rate schedule.
(2) When a main extension to be made under the provision of
Section 1.46.140 requires an advance for construction.
(3) For temporary service supplied under the provisions of
Section 1.46.130.
(4) For standby service, except where furnished under a filed
rate schedule not requiring a contract.
(5) For any service to be furnished at rates or under conditions
other than the rates set by City.
1.46.050 Special Information on Forms.
A. Contracts.
Each contract for water service will contain substanially
the following provisions:
"This contract shall at all times be subject to such
changes or modifications by the City of Bakersfield as said City
may, from time to time, direct in the exercise of its jurisdiction."
B. Bill for Service.
On each bill for service will be printed substantially
the following language:
"If this bill is not paid within fifteen (15) days after
presentation, service may be liable to discontinuance. A cash
deposit and a reconnection fee may be required to re-establish
service."
"Should the amount of this bill be questioned, an
explanation should be requested from the City. If an explanation
satisfactory to the customer is not made by the City and the bill
is still questioned, the customer may deposit with the City of
Bakersfield, City Treasurer, 1501 Truxtun Avenue, Bakersfield,
California 93301, the amount of the bill to avoid discontinuance
of service. Make remittance payable to City of Bakersfield and
attach the bill and a statement setting forth the basis for the
dispute of the amount of the bill. The Water Department will review
the basis of the billed amount and disburse the deposit in
accordance with its findings."
C. Customer's Deposit Receipt.
Each receipt for cash deposit to establish or re-establish
credit
for service will contain the following statements:
(1) When service has been for less than twelve (12)
consecutive months, upon customer's request for the
o
discontinuance of service, the City will refund
the customer's deposit or the balance thereof in
excess of unpaid bills for that service.
(2) When service has been provided for twelve (12)
consecutive months during which bills have been
paid within fifteen (15) days after presentation,
the City will automatically refund, as a credit to
the customer's account, the deposit.
(3) This deposit may be applied to unpaid balances where
service has been discontinued by the City for non-
payment of bills.
1.46.060 Establishment and Re-establishment of Credit.
A. Establishment of Credit.
Each applicant for metered service will be required to
establish credit, which will be deemed established upon qualifying
under any one of the following:
(1) Applicant is the owner of the premises upon which
service is requested, or of other real estate within
the City's service area.
(2) Applicant makes a cash deposit to secure payment
of his water bills as prescribed in Section 1.46.070
under "Amount to Establish Credit."
(3) Applicant furnishes a guarantor satisfactory to the
City to secure payment of his water bills.
(4) Applicant has been a customer of the City within
the two-year period immediately preceding the date
of applicants' new application for service and during
the last twelve (12) consecutive months of that prior
service has paid all water bills without disconnection
for nonpayment thereof.
B. Re-establishment of Credit.
(1) An applicant who previously has been a customer of
(2)
the City and during the last twelve (12) months
of that prior service has had service discontinued
for nonpayment of bills will be required to pay any
unpaid balance due the City and may be required to
re-establish credit by making the deposit prescribed
in Section 1.46.070 under "Amount to Re-establish
Credit."
A customer whose service has been discontinued for
nonpayment of bills will be required to pay any
unpaid balance due the City and may be required to
pay any unpaid balance due the City and may be
required to pay a reconnection charge as prescribed
in Section 1.46.110 under "Restoration - Reconnection
Charge" and to re-establish credit by making the
deposit prescribed in Section 1.46.070 under "Amount
to Re-establish Credit" before service is restored.
1.46.070 Deposits.
A. Amount to Establish Credit.
To establish credit by deposit, the amount will not exceed
twice the estimated average monthly bills.
B. Amount to Re-establish Credit.
(1) Former Customers.
For an applicant who is a former customer and whose
service was discontinued during the last twelve (12)
for water
months of his former service
an amount equal to twice the
monthly bill for the service
(2) Present Customers.
For a customer whose service
for non-payment of bills, an
his average monthly bill for
Applicability to Unpaid Accounts.
for non-payment of bills,
estimated average
desired.
has been discontinued
amount equal to twice
that service.
Deposits prescribed herein are applicable to unpaid bills
service when such service has been discontinued.
Return of Deposits.
(1) Upon discontinuance of
the customer's deposit
excess of unpaid bills
service, the City will refund
or the balance thereof in
for that service.
(2) After the customer has, during the period of time
the deposit is held or for twelve (12) consecutive
months, paid all bills for service, within fifteen (15)
days after presentation, the City will refund the
deposit.
(3) Should the customer establish credit initially by
deposit and subsequently by other means in accordance
with Section 1.46.060 and then request the return
of his deposit, the City will return the deposit.
1.46.080 Notices.
Ao Notices to Customers.
Notices from the City to a customer normally will be
given in writing, either delivered
address, or by leaving such notice
customer's premises.
Where conditions warrant and in emergencies, the
resort to verbal notices given by telephone or in person.
B. Notices from Customers.
Notices from a customer to the City may be given by him
or his authorized representative verbally or in writing at the
City's operating office or to an employee of the City or its agent
duly authorized to receive notices or complaints, or may be sent
by mail to the City's operating office.
to him, mailed to his last-known
in a conspicuous place at the
City may
1.46.090 Rendering and Payment of Bills.
A° Rendering of Bills.
(1) Billing Period.
Bills for water service will be rendered monthly
unless otherwise provided in the rate schedules.
(2)
Metered Service.
Meters will be read at regular intervals for the
and as required for the
closing bills, and
preparation of regular bills
preparation of opening bills,
special bills.
Each meter on a customer's premises will be
considered separately and the readings of two or more
meters will not be combined except where combination
of meter reading is specifically provided for in a
rate schedule, or where the City's operating
convenience or necessity may require the use of more
than one meter, or a battery of meters. In this
case, the monthly minimum charge will be computed
upon the resultant diameter of the total combined
discharge areas of such meters.
Payment of Bills.
(1) Regular monthly bills are due and payable on
presentation and payment may be made at the City's
office or to an authorized collector.
(2) Closing bills, where service is to be discontinued,
will be due and payable on presentation, and
collection will be made at time of presentation.
1.46.100 Disputed Bills.
A. Correctness of Bill.
Should the amount of any bill for service be questioned,
an explanation should be promptly requested from the City.
B. Notice of Deposit to Avoid Discontinuance.
If an explanation satisfactory to the customer is not made
by the City and the bill is not paid within fifteen (15) days after
its presentation, the City will notify the customer in writing
substantially as follows:
(1) To avoid discontinuance of service, in lieu of paying
the bill in question, the
the City of Bakersfield, 1501
Bakersfield, California 93301,
claimed by the City to be due.
customer may deposit with
Truxtun Avenue,
the amount of the bill
(2) The remittance for this purpose should be made
payable to the City of Bakersfield and should be
accompanied with the bill in question and a statement
setting forth the basis for the dispute of the amount
of the bill.
(3) Upon receipt of the deposit, the bill and the customer's
statement of the dispute, the City will review the
basis for the billed amount, advise the customer
of its findings, and disburse the deposit in
accordance with these findings.
(4) Service will not be discontinued pending the outcome
of the City's investigation, provided subsequent bills
are either paid to the City or deposited with the
City.
(5) If additional bills become due which the customer
wishes to dispute before the completion of such review
by the City, the customer should likewise deposit
with the City the additional amounts claimed by the
City to be due for such additional bills.
C. Failure to Make Deposit.
Failure of the customer to deposit the amount of any bill
in question within fifteen (15) days after the date upon which the
notice herein is given by the City will warrant discontinuance of
service without further notice.
1.46.110 Discontinuance and Restoration of Service.
A. Nonpayment of Bills.
(1) A customer's water service may be discontinued for
nonpayment of a bill for water service furnished if
the bill is not paid within fifteen (15) days after
10o
presentation. A customer's service, however, will
not be discontinued until the amount of the deposit
made to establish credit for that service has been
fully absorbed.
(2) A customer's water service may be discontinued for
nonpayment of a bill for water service furnished at
a previous or different location served by the City
if the bill is not paid within thirty (30) days after
presentation at the new location. Residential
service will not, however, be discontinued for
nonpayment of bills for separate nonresidential service.
(3) No service will be discontinued hereunder until
after at least five days' written notice to the
customer of the City's intention.
B. Unsafe Apparatus.
The City may discontinue service without notice, to any
premises where apparatus, appliances or equipment using water is,
in the opinion of the City or Department of Public Health, found
to be dangerous or unsafe. The City shall notify the customer
promptly of the reasons for the discontinuance and the corrective
action to be taken by the customer before service can be restored.
C. Service Detrimental to Other Customers.
The City may discontinue service without notice to any
premises where the use of water thereon by apparatus, appliances,
equipment or otherwise is found by the City to be detrimental
or injurious to the water service furnished to other customers.
Notification to the customer shall be made as provided in Section
B above.
D. Fraud and Abuse.
The City may discontinue water service without notice to
any customer when it is discovered the customer has obtained water
service by fraudulent means, or has diverted the water service for
unauthorized use. The City shall not restore service until the
11.
customer has complied with all filed rules and requirements of the
City and the City has been reimbursed for the full amount of the
service rendered and the actual cost to the City incurred by reason
of such fraudulent use.
E. Noncompliance.
The City may, unless otherwise provided, discontinue
water service to a customer for noncompliance with any of these
rules, if the customer fails to comply therewith, within five days
after receiving written notice of intention to discontinue service.
F. Customers Request for Service Discontinuance.
A customer may have his water service discontinued by
giving notice to the City or one of its authorized agents of his
desire, not less than two days before its effective date. He will
be required to pay all water charges until the effective date stated
in such notice.
Where such notice is not given, the customer will be
required to pay for water service until two days after the City has
knowledge that the customer has vacated the premises or otherwise
has discontinued water service.
G. Restoration - Reconnection Charge.
The City will charge ten dollars ($10) for restoring water
service which has been discontinued for noncompliance with any of
these rules.
1.46.120 Rates.
A. Effective Rates.
A complete schedule of all effective rates authorized to be
charged for water service will be kept in the Cites local offices
where they will be available for public inspection°
1.46.130 Temporary Service.
The term "Temporary Service" is hereby defined to refer
service for use considered by the City to be nonpermanent or of
limited duration, or to be a use by a venture or enterprise of
speculative character or of questionable permanency.
to
12.
A. Establishment of Temporary Service.
The City will, if in its opinion no undue hardship to
its existing customers will result therefrom, furnish temporary
service under the following conditions:
(1) The applicant will be required to pay to the City,
in advance, the estimated net cost of installing and
removing the facilities necessary to furnish the
service.
(2) Where the duration of service is to be less than one
month, the applicant may also be required to deposit
a sum of money equal to the estimated bill, subject
to adjustment and refund or repayment in accordance
with actual bill due upon discontinuance of service.
(3) Where the duration of service is to exceed one month,
the applicant may also be required to establish his
credit in the manner prescribed for permanent service.
B. Change to Permanent Status.
In the event a temporary service becomes permanent, the
City will refund the temporary customer the amount paid for service
installation. If the customer continues for thirty-six (36) months,
where a main extension is involved, and his operations at the end
of that time appear permanent, the payment made under part A-1 of
this rule will be adjusted to the terms of the extension rule
applicable to permanent service.
1.46.140 Main Extensions.
A. General Provisions and Definitions.
(1) Applicability.
a. All extensions of distribution mains, from
the City's basic production and transmission system
or existing distribution system, to serve new customers,
except for those specifically excluded below, shall
be made under the provisions of this rule unless
specific authority is first obtained from the City to
13.
(2)
deviate therefrom. A main extension contract shall
be executed by the City and the applicant or applicants
for the main extension before the City commences
construction work on said extensions or, if
constructed by applicant or applicants, before the
facilities comprising the main extension are
transferred to the City.
b. Extensions solely for fire hydrant, private
fire protection, resale, temporary, standby, or
supplemental service shall not be made under this rule.
c. The City may, but will not be required to,
make extensions under this rule in easements or rights-
of-way where final grades have not been established,
or where street grades have not been brought to those
established by public authority. If extensions are
made when grades have not been established and there
is a reasonable probability that the existing grade
will be changed, the City shall require that the
applicant or applicants for the main extension deposit,
at the time of execution of the main extension
agreement, the estimated net cost of relocating,
raising or lowering facilities upon establishment of
final grades. Adjustment of any difference between
the amount so deposited and the actual cost of
relocating, raising or lowering facilities shall be
made within ten (10) days after the City has ascertained
such actual cost. The net deposit representing actual
cost is not subject to refund. The entire deposit
related to the proposed relocation, raising or lowering
shall be refunded when such displacements are
determined by proper authority to not be required.
Definitions.
a. A "bona fide customer," for the purposes of
14.
(3)
this rule, shall be a customer
customer formerly served at the
has given satisfactory evidence
(excluding any
same location) who
that service will be
reasonably permanent to the property which has been
improved with a building of a permanent nature, and
to which service has commenced. The provision of
service to a real estate developer or builder, during
the construction or development period, shall not
establish him as a bona fide customer.
bo A "real estate developer" or "builder," for
the purposes of this rule, shall include any
individual, association of individuals, partnership,
or corporation that divides a parcel of land into
two or more portions.
c. The "adjusted construction cost," for the
purposes of this rule, shall be reasonable and shall
not exceed the costs recorded in conformity with
generally accepted water utility accounting practices,
and as specifically defined in the Uniform System of
Accounts for Water Utilities prescribed by the Public
Utilities Commission, of installing facilities of
adequate capacity for the service requested. If the
City, at its option, should install facilities with a
larger capacity or resulting in a greater footage
of extension than required for the service requested,
the "adjusted construction cost," for the purposes
of this rule, shall be determined by the application
of an adjustment factor to actual construction cost
of facilities installed. This factor shall be the
ratio of estimated cost of required facilities to
estimated cost of actual facilities installed.
Ownership, Design and Construction of Facilities.
a. Any facilities installed hereunder shall
be the sole property of the City.
15.
(4)
b. The size, type,
their location shall be
the actual construction
quality of materials, and
specified by the City; and
shall be done 'by the City or
by a constructing agency acceptable to it.
c. Where the property of an applicant is located
adjacent to a right-of-way, exceeding 70 feet in width,
for a street, highway, or other public purpose,
regardless of the width of the traveled way or
pavement; or a freeway, waterway, or railroad right-
of-way, the City may elect to install a main
extension on the same side thereof as the property of
the applicant, and the estimated and adjusted
construction costs in such case shall be based upon
such an extension.
d. When an extension must comply with an
ordinance, regulation, or specification of a public
authority, the estimated and adjusted construction
costs of said extension shall be based upon the
facilities required to comply therewith.
Estimates, Plans and Specifications.
ao Upon request by a potential applicant for a
main extension, the City shall prepare a preliminary
sketch and rough estimates of the cost of installation
to be advanced by said applicant.
b. Any applicant for a main extension requesting
the City to prepare detailed plans, specifications
and cost estimates shall be required to deposit with
the City an amount equal to the estimated cost of
preparation of such material. The City shall, upon
request, make available within forty-five (45) days
after receipt of the deposit referred to above, such
plans, specifications and cost estimates of the
proposed main extension. If the extension is to
16.
include oversizing of facilities to be done at the
City's expense, appropriate details shall be set
forth in the plans, specifications and cost estimates.
c. In the event a main extension contract with
the City is executed within 180 days after the City
furnished the detailed plans and specifications, the
deposit shall become a part of the advance, and shall
be refunded in accordance with the terms of the main
extension contract. If such contract is not so
executed, the deposit to cover the cost of preparing
plans, specifications and cost estimates shall be
forfeited by the applicant for the main extension
and the amount of the forfeited deposit shall be
credited to the account or accounts to which the
expense of preparing said material was charged.
d. When detailed plans, specifications and cost
estimates are requested, the applicant for a main
extension shall furnish a map to a suitable scale
showing the street and lot layouts and, when requested
by the City, contours or other indication of the
relative elevation of the various parts of the area
to be developed. If changes are made subsequent to
the presentation of this map by the applicant, and
these changes require additional expense in revising
plans, specifications and cost estimates, this additional
expense shall be borne by the applicant, not subject
to refund, and the additional expense thus recovered
shall be credited to the account or accounts to which
the additional expense was charged.
Timing and Adjustment of Advances.
ao Unless the applicant for the main extension
elects to arrange for the installation of the extension
himself, the full amount of the required advance or an
17.
acceptable surety bond must be provided to the City
at the time of execution of the main extension
agreement.
b. If the applicant for a main extension posts
a surety bond in lieu of cash, such surety bond must
be replaced with cash not less than ten (10) calendar
days before construction is to commence; provided,
however, that if special facilities are required
primarily for the service requested, the applicant
for the extension may be required to deposit
sufficient cash to cover the cost of such special
facilities before they are ordered by the City.
c. An applicant for a main extension who
advances funds shall be provided with a statement of
actual construction cost and adjusted construction
cost showing in reasonable detail the costs incurred
for material, labor, any other direct and indirect
costs, overheads, and total costs; or unit costs; or
contract costs, whichever are appropriate.
do Said statement shall be submitted within
sixty (60) days after the actual construction costs of
the installation have been ascertained by the City.
In the event that the actual construction costs for
the entire installation shall not have been determined
within 120 days after completion of construction work,
a preliminary determination of actual and adjusted
construction costs shall be submitted, based upon
the best available information at that time.
e. Any differences between the adjusted
construction costs and the amount advanced shall be
shown as a revision of the amount of advance and shall
be payable within thirty (30) days of date of
submission of statement.
18.
(6) Assignment of Main Extension Contracts.
Any contract entered into under Section B of
this rule, or under similar provisions of former
rules, may be assigned, after settlement of adjusted
construction costs, after written notice to the City
by the holder of said contract as shown by the City's
records. Such assignment shall apply only to those
refunds which become due more than thirty (30) days
after the date of receipt by the City of the notice
of assignment. The City shall not be required to
make any one refund payment under such contract to
more than a single assignee.
Extensions to Serve Subdivisions, Tracts, Housing Projects,
Industrial Developments or Organized Commercial Districts.
(1) Advances.
a. Unless the procedure outlined in Section
B.l.c. is followed, an applicant for a main extension
to serve a new subdivision, tract, housing project,
industrial development or organized commercial
district shall be required to advance to the City,
before construction is commenced, the estimated
reasonable cost of the extension to be actually
installed, from the nearest City facility at least
equal in size or capacity to the main required to
serve both the new customers and a reasonable estimate
of the potential customers who might be served
directly from the main extension without additional
extension. The costs of the extension shall include
necessary service stubs or s~rvi~e pipes~ fittings,
gates and housing therefor, and meter boxes, but
shall not include meters. To this shall be added
the cost of fire hydrants when requested by the
applicant for the main extension or required by public
authority, whenever such hydrants are to become the
property of the City.
19.
(2)
b. If special facilities consisting of items
not covered by Section B.l.a. are required for the
service requested and, when such facilities to be
installed will supply both the main extension and
other parts of the City's system, at least 50 percent
of the design capacity ( in gallons, gpm, or other
appropriate units) is required to supp]Ly the main
extension, the cost of such special facilities may
be included in the advance, subject to refund, as
hereinafter provided, along with refunds of the
advance of the cost of the extension facilities
described in Section B.l.a.
c. In lieu of providing the advances in
accordance with Section B.l.a. and B.l.b., the
applicant for a main extension shall be permitted,
if qualified in the judgment of the City, to construct
and install the facilities himself, or arrange for
their installation pursuant to competitive bidding
procedures initiated by him and limited to qualified
bidders. The cost, including the cost of inspection
and supervision by the City, shall be paid directly
by applicant. The applicant shall provide the City with
a statement of actual construction cost in reasonable
detail. The amount to be treated as an advance
subject to refund shall be the lesser of (1) the actual
cost or (2) the price quoted in the City's detailed
cost estimate. The installation shall 'be in
accordance with the plans and specifications submitted
by the City pursuant to Section A.5.b.
Refunds.
a. The amount advanced under Sections B.l.a.,
B.l.b. and B.l.c. shall be subject to refund by the
City, in cash, without interest, to the party or
20.
or parties entitled thereto as set forth in the
following two paragraphs. The total amount so
refunded shall not exceed the total of the amount
advanced. Except as hereinafter provided, the refunds
shall be made in annual, semi-annual or quarterly
payments, at the election of the City, and for a
period not to exceed twenty (20) years after the
date of the contract.
b. Whenever costs of main extensions have been
advanced pursuant to
City shall determine
customers, including
Sections B.loa. or B.i.c., the
the revenue received from
fire protection agencies, supplied
by service pipes connected directly to the extension
for which the cost was advanced. The refund shall be
22 percent of the revenue so received.
c. Whenever costs of special facilities have
been advanced pursuant to Sections B.l.b. or B.l.c.,
the amount so advanced shall be divided by the number
of lots to be served by the special facilities. This
advance per lot shall be refunded for each lot on
which one or more bona fide customers are served by
those facilities.
d. With respect to a contract entered into on
and after the effective date of this rule, if, at any
time during the 20-year refund period specified in
Bo2.a., 80 percent of the bona fide customers for
which the extension or special facilities were
designed are being served therefrom, the City shall
immediately notify the contract holder of that fact,
and at that time shall become obligated to pay, in
cash, any balance which may remain unrefunded at
the end of said 20-year period. Such balance shall
be refunded in five equal annual installments, payable
beginning 21 years after the date of the contract.
21o
(3)
e. Where a contract has been entered into under
a former main extension rule, and where 80 percent of
the bona fide customers for which the extension or
special facilities were designed are being served
therefrom, the City may negotiate and enter into a
new and substitute contract, identical in all respects
with the original contract, including the original
termination date, except that said substitute contract
shall include the following provision: "Notwithstand-
ing any other provisions hereof, any unrefunded
balance remaining at the termination date of this
contract shall be paid in five equal annual
installments beginning one year after said termination
date."
Termination of Main Extension Contracts.
Any contract with refunds based upon
percentage of revenues and entered into under Section
B of this rule, or under similar provisions of
former rules, may be purchased by the City and
terminated, provided the payment is not in excess of
the estimated revenue refund multiplied by the
termination factor in the following table, the terms
are otherwise mutually agreed to by the parties or
their assignees and Section B.3.b. and Section B.3.c.
hereof are complied with. The estimated revenue
refund is the amount that would otherwise be refunded,
at the current level of refunds, over the remainder
of the 20-year contract period, or shorter period
that would be required to extinguish the total refund
obligation. It shall be determined by multiplying
22 percent of the average annual reven~e per service
for the immediately preceding calendar year by the
number of bona fide customers at the proposed
22.
termination date, times the number of years or
fractions thereof to the end of the 20~year
contract period or shorter period that would be
required to refund the remaining contract balance.
Termination Factors
Years Years
Remaining Factor Remaining Factor
1 .8929 11 .5398
2 .8450 12 .5162
3 .8006 13 .4941
4 .7593 14 .4734
5 .7210 15 .4541
6 .6852 16 .4359
7 .6520 17 .4188
8 .6210 18 ~4028
9 .5920 19 .3877
10 .5650
Co
Extensions Designed to Include Fire Protection.
(1) The cost of distribution mains designed to meet the
fire flow requirements of the City to be advanced by
the applicant. The City shall refund this advance
as provided in Section B.2. of this rule.
(2) Should distribution mains be designed to meet fire
flow requirements in excess of those set forth by the
City, the increase in cost of the distribution mains
necessary to meet such higher fire flow requirements
shall be paid to the City as a contribution in aid
of construction.
(3) The cost, allocated as appropriate, of facilities
other than distribution mains required to provide
supply, pressure, or storage primarily for fire
protection purposes shall be paid to the City as a
contribution in aid of construction.
1.46.150 Service Connections, Meters and Customers'
A. Installation.
(1) Service Connections.
a. The City will, at its
Facilities.
own expense except
23.
(2)
in case of connections for private fire protection
service, temporary service, furnish and install a
single service connection of suitable capacity, from
its water main to the curb line or property line of
the premises abutting upon a street, other
thoroughfare, City right-of-way or easement on which
said main is located.
bo Only duly authorized employees or agents of
the City will be permitted to install a service
connection from the City's main to the customer's
premises.
Meters.
a. Meters, where authorized, will be installed
by the City at its own expense, unless otherwise
provided in the rules and schedule of rates.
b. Where a meter and other facilities, including
housings and connections, are located on a customer's
premises, no rent or other charge will be paid by
the City therefor.
c. All meters will be sealed by the City at the
time of installation, and no seal shall be altered or
broken except by one of its authorized employees or
agents.
Dual Water Supply - Protective Devices.
Whenever (1) there is present upon any customer's
premises a water supply which has not been approved
by the Department of Public Health of the State of
California as safe and potable for human use, or (2)
the customer is engaged upon the premises in industrial
processes using or producing process waters or liquid
industrial waste or in the handling of sewage or any
other dangerous substance, the City may refuse or
discontinue service until there shall have been installed
24.
at the expense of the customer upon the customers
premises a suitable protective device approved by
the Department of Public Health to protect against
back flow of water from the customer's premises into
the City's system. Such protective device shall be
installed in a manner approved by the City and in a
location in which it is readily availabe to the City
for periodic inspection. It shall be the customer's
responsibility at his own expense to maintain such
protective device in reliable and safe operating
condition at all times.
(4) Pumps and Boosters.
When a customer receiving service at the City's main
or service connection must by means of a pump of any
kind elevate or increase the pressure of the water
received, the pump shall not be attached to any pipe
directly connected to the City's main or service pipe.
A customer, whose operation requires the use of a
quick-opening or closing valve must operate such
device from a tank, cistern, sump or other facility
which may be served by but not directly connected
with the City's distribution mains or service pipes.
(5) Automatic Valves.
Quick-closing or opening valves shall not be installed
on customer's pipes which are directly attached to the
City's mains or service pipes. A customer whose
operation requires the use of a quick-opening or
closing valve must operate such device from a tsnk,
cistern, sump or other facility which may be served
by but not directly connected with the City's
distribution mains or service pipes.
(6) Corrective Measures.
The City, under subsections 4 and 5 of Section 1.46.140
where a customer prior to the adoption of this rule
25.
has installed and is operating the prohibited devices,
may install on its own mains or service pipes
adequate regulating or flow control valves or other
devices designed to prevent the customer's facilities
from interfering with normal pressures maintained in
the City's mains and as a safeguard against
contamination of the City's water supply.
B. Ownership.
The service connections, meters, and other facilities
furnished by the City at its own expense and located wholly or
partially upon a customer's premises are and shall remain the property
of the City, which has the right to repair, replace and remove upon
discontinuance of service.
C. Maintenance.
The C~ty will not be responsible for the installation and
maintenance of the water pipe lines beyond the end of the City's
service connection or meter.
D. Right of Access to Premises of Customer.
(1) The City or its duly authorized agents shall at all
reasonable times have the right of ingress to and
egress from the customer's premises for any purpose
properly connected with the service of water to the
customer.
(2) Any inspection work or recommendations made by the
City or its agents in connection with plumbing or
appliances or any use of water on the customer's
premises either as a result of a complaint or otherwise,
will be made without charge and without assumption of
any liability in connection therewith.
E. Compensation to City's Employees.
All inspectors, agents and employees of the City are
strictly forbidden to demand or accept any personal compensation from
a customer for services rendered.
F. Responsibility for Loss or Damage.
(1) The City will not be responsible for any loss or
26.
damage caused by any negligence or wrongful act of a
customer or his authorized representatives in
installing, maintaining, operating or using any or
all appliances, facilities or equipment for which
water service is supplied.
(2) The customer will be held responsible for damage to
City's meters and other property resulting from the
use or operating of appliances and facilities on
customer's premises, including damage caused by steam,
hot water, chemicals, etc., or from an act of the
customer.
G. Waste of Water.
Where negligent or wasteful use of water exists on a
customer's premises, seriously affecting the general service, the
City may discontinue the service if such conditions are not corrected
within five days after giving customer written notice of intent to
do so.
H. Customer's Responsibilities Precedent to Receiving Service.
(1) The customer as a condition precedent to receiving
service shall:
a. Furnish, install, and maintain in good repair
necessary piping and facilities to make the connection
from the City's service connection to the place of
consumption.
b. Provide a main valve between the City's service
connection and the point of use.
c. Consult the City prior to installation and
secure its approval of the location on the curb line
or property line at which connection to the City's
service connection shall be made.
I. Ground Wire Attachments.
All persons, firms, or corporations are forbidden to attach
any ground wire to any plumbing which is or may be connected to any
27.
service connection or main belonging to the City, and the City will
hold the customer liable for any damage to its property occasioned
by any such ground wire which is now or may hereafter be attached.
1.46.160 Meter Tests and Adjustment of Bills.
Ao Tests.
(1) Prior to Installation.
Every meter will be tested prior to being installed
and no meter will be placed in service if found to
register more than 2 percent fast or slow.
(2) On Customer Request.
A customer may request a meter test upon payment of
the cost to the City of the test.
B. Adjustment of Bills for Meter Error.
(1) Fast Meters.
When, upon test, the average meter error is found to be
more than 2 percent fast, the City will refund to the
customer the amount of the overcharge based on
corrected meter readings for the period the meter was
in use but not exceeding three months.
(2) Slow Meters.
a. When, upon test, a meter used for commercial
(residential and business) service is found to be
registering more then 25 percent slow, the City may
bill the customer for the amount of the undercharge
based upon corrected meter readings for the period the
meter was in service but not exceeding three months.
b. When, upon test, a meter used for other than
commercial service is found to be registering more
than 5 percent slow, the City may bill the customer for
the amount of the undercharge based upon corrected
meter readings for the period the meter was in service but
not exceeding three months.
(3) Nonregistering Meters.
28.
(4)
The City may bill the customer for water consumed
while the meter was nonregistering but for a period
not exceeding three months at the minimum monthly
meter rate, or upon an estimate of the consumption
based upon the customer's prior use during the same
season of the year if conditions were unchanged, or
upon an estimate based upon a reasonable comparison
with the use of other customers during the same period,
receiving the same class of service under similar
circumstances and conditions.
General.
When it is found that the error in a meter is due to
some cause, the date of which can be fixed, the over-
charge or the undercharge will be computed back to
but not beyond such date.
1.46.170 Service to Separate Premises and Multiple Units, and
Resale of Water.
A. Number of Services to Separate Premises.
Separate premises under single control or management will
be supplied through separate individual service pipes unless the City
elects otherwise.
B. Service to Multiple Units on same Premises.
Separate houses, buildings, living or business quarters
on the same premises or on adjoining premises, under a single control
or management, may be served by either of the following methods:
(1) Through separate service pipes to each unit provided
that the piping system from each service is independent
of the others and is not interconnected.
(2) Through a single service pipe to supply the entire
premises, in which case only one minim,~m or readiness
to serve charge will be applied. The responsibility
for payment of charges for all service furnished to
combined units through a single service pipe, in
accordance with these rules, must be assumed by the
applicant.
29.
resell any of the water received from the
be delivered to premises other than those
application for service.
Resale of Water.
Except by special agreement with the City, no customer shall
City nor shall such water
specified in such customer's
SECTION 2.
This emergency ordinance shall become
by the City Council.
effective upon adoption
.......... o0o ..........
30.
I HEREBY CERTIFY that the foregoing emergency ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 21st day of March
1977, by the following vote:
CITY ~ZLERK arfd E~f/Officio Clerk of the
Council of the C~'ty of Bakersfield
APPROVED this 21st day o~ March_h_~_----
MAYOR of th~e City of Bakersfield
, 1977
APPROVED as to form:
CITY ATTORNEY of ~he Czty of Bakersfield
AffiXart! of ] osttng (Or tnatt es
STATE OF CALIFORNIA, t
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that or~ ............................I~..a...~.~_~._.~..~ .....................................................................19.~.~.._. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
Max'ch 21 .~.?.
at a meetinff thereof duly held on ......................................................................................, 19 ...., which ordinance
was numbered_ ............~.~.2~ ................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 1.46 TO
THE MUNICIPAL CODE ESTABLISHING AND ADOPTING
RULES FOR THE OPERATION OF THE CITY'S WATER
SYSTEM IN THE ASHE WATER SERVICE AREA.
Subscribed and sworn to before me this