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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 -1- 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 -2- 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 ,.., -0- 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 -4- 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. -5- 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- -6- 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 -7- 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 -8- 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. -9- 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. ?;. ( -10- 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 ~ -" .."'.. -_..~ //,.'. - t6N~ ( < ..Git~ ...--------- "- C-- 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 ~ s (,/ \ ' ,\ u \" \j 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