Ordinance No. 559
ELS:TPH 2-D-IO
ORDINANCE NO. 559
AN ORDINANCE OF THE CITY OF VERNON FIXING AND ESTABLISHING
RATES TO BE CHARGED FOR THE SALE OF WATER IN SAID CITY,
PRESCRIBING CONDITIONS ~~ REGULATIONS GOVERNING TtIE USE
OF WATER IN SAID CITY, PROHIBITING THE SALE OF WATER FOR
USE OUTSIDE OF THE CITY OF VERNONf PROVIDING PENALTIES FOR
VIOLATIONS, Ai"\!D B.EPEALING ALL OnD lirA-WCES IN CONFLICT
'rHERE'vVI TH.
THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
Section 1: That the rates to be charged by the Water Depart-
ment of the City of Vernon, hereinafter referred to in this
Ordinance as the "Municipal W'ater System", for water purchased
for domestic, commercial, industrial, fire-protection and re-
sale purposes, to be due and payable to the City of Vernon monthly,
are hereby fixed as follows:
For the first 10,000 cubic feet, 12$i per 100 cubic feet;
For the next 40,000 cubic feet, ll~ per 100 cubic feet;
For the next 50,000 cubic feet, 9$i per 100 cubic feet;
For all over 100,000 cubic feet, 7~ per 100 cubic feet.
Section 2: That in addition to any "Stand-by Service" charge,
as hereinafter provided, the minimum amount to be charged for
sale of water from the Municipal Water System for domestic, com-
mercial and industrial use, and for resale, shall be as follows:
Every person, firm or corporation connected directly to the
Municipal 'Water System, and receiving water through
Each
Each
Each
Each
Each
Each
Each
Each
Each
1
l
1'2
2
3
4
6
8
10
12
inch meter,
inch meter,
inch meter,
inch meter,
inch meter,
inch meter,
inch meter,
inch meter,
inch meter,
or smaller,
~. 1 00
'IV ·
* 1.50
$ 2.00
Jjp 3.00
'F' 4.00
~.' 6.00
J~ 8.00
~lO.OO
:i!>12.00
per month;
per month;
per month;
per month;
per month;
per month;
per month;
per month;
per month.
Section 3: That the minimum rates to be charged for connec-
tions to the Municipal Water Systeln for fire-protection purposes,
and which connection shall be for use for fire-fighting or fire-
protection purposes only, shall be as follows:
Every person, firm or corporation having a fire-service con-
nection for sprinkler or fire-hydrant service respectively, and
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connected directly to the Municipal Water System, or having a
fire-service connection for sprinkler service connected to a
privately owned water distributing system which is supplied in
whole or in part with water from the Municipal Water System,
shall be charged
For each 2 inch connection, ~ 3.00 per month;
For each 3 inch connection, 6.00 per month;
For each 4 inch connection, '. 9. 00 per month;
For each 6 inch connection, ~12.00 per month;
For each 8 inch connection, ~15.00 per month;
For each 10 inch connection, '18.00 per month;
For each 12 inch connection, {jji25.00 per month.
And, provided also, that every person, firm or corporation
having a fire-hydrant or fire-hydrants connected to a sprinkler
service or having a fire-hydrant or fire-hydrants connected to a
privately owned water distributing system which is supplied in
whole or in part with water from the Municipal Water System, shall
be charged for each such fire hydrant, Five Dollars ($5.00) per
month.
Provided further, that all charges in this Section required
to be paid by any person, firm or corporation connected directly
to any privately owned water distributing system, which system
is supplied wholly or in part with water from the Municipal Water
System, shall be charged to and paid by the owner of such private
water distributing system.
Section 4: That "Stand-By Service", as such term is used in
this Ordinance, is hereby defined to mean and contemplate the
furnishing of water, or the readiness to furnish water by the
Municipal Water System, and shall apply to:
(a) Any consumer connected directly to the Municipal
Water System, owning and maintaining one or more
water wells and pumping plant used in connection
therewith, capable of supplying said consumer's
needs wholly or in part;
(b) Any consumer connected directly to the Municipal
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Water System, and also connected directly to a
source of supply for its water needs other than
the Municipal Water System;
(c) Any consumer connected indirectly to the Municipal
Water System through a privately owned distributing
system, which said consumer supplies or receives
water for its own needs or for resale in whole or
in part from its own well supply system, or by pur-
chase of water from sources other than the Municipal
Water System.
That in addition to charges for water consumed and minimum
monthly charges and rates as provided in Sections 1 and 2, the
rates to be charged for "Stand-by Service" shall be as follows:
For each
For each
For each
For each
For each
For each
For each
2 inch meter connection
3 inch meter cOlLnection
4 inch meter connection
6 inch meter connection
8 inch meter connection
10 inch meter connection
12 inch meter connection
$ 20.00 per month;
i ~g:gg ~:~ :~~~~~
f120.00 per month;
~200.00 per month;
$300.00 per month;
$450.00 per month;
Provided further, that all charges in this Section required
to be paid by any person, firnl, or corporation connected directly
to any privately owned water distributing system, which system
is supplied wholly or in part with water from the Municipal Water
System shall be charged to and paid by the owner of such private
water distributing system.
Seetion 5: The following regulations shall be applicable to
all persons, firms and corporations having a fire-service connec-
tion or fire-service connections for sprinkler and/or fire-hydrant
service, which fire-service connections are supplied with water
wholly or in part by the Municipal Water System:
(a) From and after the effective date of this Ordinance,
it shall be unlawful for any person, firm or corpora-
tion to fail, neglect or refuse to give the Municipal
,..,
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Water System written notice of all fire-service
connections theretofore made, or of any additional
fire-service connections made thereafter, to any
water distributing system owned by such person, firm
or corporation, and which is connected directly to
the Municipal Water System;
(b) From and after the effective date of this Ordinance
it shall be unlawful for any person, firm or corpora-
tion to twce or allow water to be taken from any
fire-service connection maintained by any such person,
firm or corporation for any purpose other than for
fire-protection purposes, except upon written per-
mission therefor from the Municipal Water System first
had and obtained;
(c) Within thirty (30) days from and after the effective
date of this Ordinance, the owner of each privately
owned distributing system connected directly to the
Municipal Water System shall be and is hereby re-
quired to furnish to the Municipal Water System a
complete and full report of all fire-service connec-
tions used or maintained by such water distributing
system; such report shall give the location, Size,
type of service, number of fire hydrants served thereby,
and the name of the party or customer served.
Section 6: The following regulations shall be applicable to
all persons, firms or corporations receiving "Stand-by Service"
as defined in Section 4:
(a) Within thirty (30) days from and after the effective
date of this Ordinance, each consumer receiving lfStand-
by Service" from the Municipal Water System shall file
or cause to be filed with the Municipal Water System
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a written report stating the source of any water
supply other than that furnished by the Municipal
Water System to which such consumer is connected,
together with the size of each service connection
and the purpose for which each such service connection
is used; and, if any such service connection connects
with the consumer's own well supply, then such report
shall state and give the number of wells, the pump-
ing capacity of each such well in gallons per minute,
and the horsepower of each electric motor or other
power unit installed at each such well, and shall also
report and state the average monthly consumption of
water obtained from sources other than the City of
Vernon over a period of one year immediately preced-
ing the date of making such report. Each connection
thereafter made to any source of water supply, other
than the Municipal Water System, shall likewise be
reported in the same details to the Municipal Water
System within thirty (30) days after such connection
is made.
Section 7: The Municipal Water System may sell water for use
within the City of Vernon for irrigation purposes at such times
and in such quantity as may not be deemed likely to impair its
water supply for domestic, commercial, industrial and fire-fighting
service.
The Municipal Water System shall not agree or be
bound to the continuous or uninterrupted delivery of water for
irrigation purposes, and the Municipal Water System shall have
the continuing right to discontinue or interrupt the delivery or
service of irrigation water at any time with or without previous
notice thereof to purchasers of water for irrigation purposes.
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The City of Vernon shall not be liable for damages occasioned by
its failure or refusal to furnish water for irrigation purposes
or for any discontinuance or interruption of any such service.
The rate to be charged for water, to be used for irrigation
purposes and to be delivered through a meter installed and used
for irrigation purposes only, is hereby fixed and established at
4$i for each 100 cubic feet, provided the minimum charge for each
three inch (3") meter installed for irrigation purposes shall be
Eight Dollars ($8.00) per month.
Section 8: The following regulations shall be applicable to
all consumers, i.e., all persons, firms or corporations purchas-
ing water from the Municipal Water System for resale in whole or
in part to any customer of such person, firm or corporation
separately from or in connection with water furnished from the
well supply of such person, firm or corporation, or from any source
other than the Municipal Water System:
(a) From and after the effective date of this Ordinance
it shall be unlawful for any consumer of water from
the Municipal Water System to make, cause, or permit
any connection to be made to the water system of said
consumer for the purpose of furnishing or permitting
water to be furnished to any customer of said consumer,
or otherwise, without first making application to the
City Council therefor, and without first securing a
permit for such connection approved by the City Council.
Any such application shall fully describe the size,
location and purpose of such proposed connection or
connections, together with the name of the person, firm
or corporation for whose benefit the said connection
is sought to be made, and to whom water will be fur-
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nished through said connection; said application
shall have attached thel"eto a sketch, drawn to scale,
showing the size of said connection and the location
of the Salne in the consumer's water distributing
s's-stem; and said application shall be signed by said
consumer or consumer's duly authorized officer or
agent.
(b) Within thirty (30) days from and after the effective
date of this Ordinance, each consuraer of water from
the Municipal Water System, using said water wholly
or in part for resale to any customer or customers
of said consumer, shall be, and is hereby required to
furnish to the Municipal Water System a sketch and
plan drawn to scale, showing the location of its
water system, including therein dimensions of all
mains, laterals, outlets and other connections to
said water system, together with a list of all cus-
tomers being served by such consumer, including in
said list the size of the connection or meter used
in furnishing water to each such customer. Upon
application to the City Council, and good cause appear-
ing therefor, the time within which any such consumer
shall be required to comply with this Section may be
extended, but no such extension shall be granted for
more than thirty (30) days at a time.
Section 9: No water purchased from the Municipal Water System
shall be resold for use outside the corporate limits of the City of
Vernon.
Section 10: All bills, accounts and statements for water,
services or rates charged or established pursuant to the terms
and provisions of this Ordinance shall be and are due and payable
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at the office of the Water Department of the City of Vernon on the
15th day of each month for the preceding calendar month, and all
bills, accounts or statements unpaid on the 20th day of the month
for the preceding month shall have added thereto a penalty equal
to ten per cent (10%) of the total amount of said bills, accounts
or statements.
In the event, and as often as, any bill, account or other
charge for water or service,as in this Ordinance provided, is not
paid or discharged wl1en the SalUe is due and payable and before
delinquency, the Municipal Water System shall have the right forth-
with to discontinue any service which it has been furnishing and/or
to discontinue furnishing water to any such person, firm or cor-
poration until all bills, accounts and other monies due from such
person, firm or corporation to the Municipal Water System have been
paid or discharged. And, provided further, that in the event any
person, firm or corporation violates, or fails, neglects or refuses
to comply with any of the terms or provisions of Sections 5, 6, 8
or 9 of this Ordinance, within the time, or in the manner as therein
provided, then, and in that event the Municipal Water System shall
have the right forthwith to discontinue any service which it has
been furnishing and/or to discontinue furnishing water to any such
person, firm or corporation, so long as such person, firm or cor-
poration fails, neglects or refuses to comply with any of the terms
or provisions of Sections 5, 6, 8 or 9 of this Ordinance, and so
long as any such person, firm or corporation continues to violate
any of said provisions. And provided also, that whenever the
Municipal Viater System has discontinued any service which it has
been furnishing and/or has discontinued the furnishing of any
water to any conSUlUer for any reason whatsoever, the Municipal
Water System may refuse to re-establish any such service so dis-
continued, and/or it may refuse to again furnish said consumer
with water after such discontinuance until said consumer has first
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made application to and received a permit from the City Council of
the City of Vernon to re-establish any such service or water connec-
tion.
fiLe penalties provided in this Section shall be cumulative
and may be invoked by the Municipal Water System and enforced with-
out in anywise affecting or limiting the right of the City of Vernon
to enforce the provisions of Section 13 of this Ordinance.
Section 11: Wnerever the term "Municipal Water Systemlf is
used in this Ordinance, the same shall be deemed to mean and include
the Water Department of the City of Vernon, the pumping plant, dis-
tributing system, mains, laterals and all appurtenances used in con-
nection therewith, owned and maintained by the City of Vernon.
Section 12: Ordinance NO. 496, entitled "AN ORDINANCE OF THE
CITY OF VERNON ESTABLISHING RATES J?OR THE SALE OF WATl!.R IN SAID CI'lTY,
AND HEPEALING ALL ORDINANCES IN CO}\Jl?LICT THEHEVVITHlf is hereby re-
pealed, and all other Ordinances or parts of Ordinances in conflict
with this Ordinance shall be and the same are hereby repealed; pro-
vided, however, that the repeal of said Ordinance NO. 496, or of any
other Ordinance of the City of Vernon repealed by this Ordinance
shall not release or relieve any person, firm or corporation from
any obligation then existing to pay to the City of Vernon for any
water or water service, or from liability for any other item which
has accrued or is due or owing from any such person, firm or corpora-
tion to the City of Vernon, pursuant to the terms and provisions of
said Ordinance NO. 496, or any other Ordinance repealed by this
Ordinance.
Section 13: Any person, firm or corporation violating any of
the terms or provisions of Sections 5, 6, 8 and 9 of this Ordinance
shall be guilty of a misdemeanor and shall be subject to a fine of
not to exceed Three Hundred Dollars ($300.00), or imprison1Uent for
not to exceed ninety (90) days, or both.
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Section 14: If any Section, Subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be void
or unconstitutional, such decision shall not affect the validity
of the remaining portions of this Ordinance; it being the intention
of the City Council of the City of Vernon to adopt and pass this
Ordinance, and each Section, Subsection, clause or phrase thereof
irrespective of the fact that one or more of the Sections, Sub-
sections, clauses, sentences or phrases thereof may be declared
void or unconstitutional.
Section 15: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed
to certify to the passage of this Ordinance, and shall post the
same, or cause the same to be posted, in three of the most public
places in said City, to wit: the Northwest corner of 38th street
and Santa Fe Avenue; the Northwest corner of 37th Street and Santa
Fe Avenue; and on the bulletin board in the lobby of the City Hall
of the City of Vernon, located at 4305 Santa Fe Avenue, in said
City; whereupon this Ordinance shall be in full force and effect
on the first day of the month following the 30th day from and after
the date of posting.
ADoprrED AND APPROVED THIS 17th DAY OF November
, 1942.
?;.
(
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
SS
I, T. J. FUtlLONG, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance was duly and regularly
introduced at a regular meeting of the City Council of the City
of Vernon held on the ~th day of November , 1942, and
thereafter finally adopted at a regular meeting of said City Coun-
cil held on the 17th day of November , 1942, by the follow-
ing vote:
AYES: Scheider, Levy, Poxon, Peralta & Leonis
NOES: None
ABSENT: None
~
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state of California }
)
Gountt of LoS Angeles:
. )
City of Vernon )
I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certify that I did on the _181:h day of lJov,,~~ lll.i2
1,93_, post II copies "f!,d1~O-"-__!~- -' in the
following ple.c e s to-wit: At ,the nor thwe S t c orner of 38th S tre e t
&"#i'V~.";8~;';
~~-vec-A\renrt~'ra-j; the \iortrnvest corner of 37th street and
Santa Fe Avenue, and at the entrance to the City Hall, located
at 4305 Santa Fe Ave~e. there being no newspaper of general
c ircu1iil ti on prin teil; "lId: Pu b'1ished in the City of Vernon.
Signed th;~~ 18 day of November
19&2 .
9d and sworn to hflJore me
....day ~~".,,1
-!.'::-:-::f:~... .
SUPPORTING
DOCUMENTS
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June 11th, 1943
Honorable 0Ity Oouneil
Oity of Vernon,
Vernon, CalIfornia.
RE: ORDINANCE NO. 559
Gentlemen:
It 18 my opinion that OrdInance No. 559, an ordi-
nance entitled "An Ordinance of the CIty of Vernon .fI'ixing and
Eatablt.hlng rates to be Charged for the Sale of Water in 8aid
City, Prescribing Conditions and Regulations Governing the Use
of Water in Said City, Prohibiting the Sale of Water for Use
Outside of the City of Vernon, Providlngfenalties for Viola-
tion.. and RepealIng .11 Ordinance. in ConflIct Therewith,"
was never legal.l,. adopted and never"became effective and did
not repeal Ordinance No. 4ge,saidvrdInance No. 4ge being at
all times in full force and etfect from the date of its en-
actmEmt to and including May 31, 1943. It is 'tf.rJ furtheroplnton
that all moneys collected by the CIty through its Water Depart-
ment tor water or other services rendered, for the period co~
menclng January 1, 1943 and ending May 3~, 1943, both inclu-
slve, in exce~s of the rates and charges fixed and establIshed
by OrdInanoe ....0. 496, .hall be retl:mc.iI~.J~O the persons pay1ng
such excess.
Very truly yours,
city A~torney