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Ordinance No. 933 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY AMENDING SECTIONS 25.1, 25.2, 25.3, 25.5, 25.6, 25.7, 25.8, 25.46 AND 25.48 OF SAID CODE AND BY ADDING SECTION 25.51 TO CHAPTER 25, ARTICLE III OF SAID CODE, ESTABLISHING THE RATES FOR THE SALE OF WATER IN SAID CITY; AMENDING THE RULES AND REGULATIONS OF THE WATER DEPARTMENT OF THE CITY OF VERNON BY AMENDING SECTIONS 5.A AND 5.B OF SAID APPENDIX III; PRESCRIBING PENALTIES FOR THE VIOLATION OF ANY PROVISION OF THIS ORDINANCE IN CONFLICT THEREWITH AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, SPECIFICALLY ORDINANCE NOS. 870, 891 AND 914 12 WHEREAS, the Director of Water has recommended by letter 13 dated December 1, 1982, that the rates established for water 14 services be increased to reflect the increased cost of providing 15 said services; and 16 WHEREAS, pursuant to Resolution No. 4814 and Ordinance 17 No. 914 the City Council of the City of Vernon established a 18 special district which is referred to as the "Special CMD 19 District" and established fees, charges and surcharges for 20 services provided for therein; and 21 vlliEREAS, the area serviced by the City of Vernon which 22 is outside of the Special CMD District shall be entitled 23 "Vernon 1" and the area serviced by the City of Vernon within 24 the Special CMD District shall be entitled "Vernon 2"; and 25 ~VHEREAS, the City Council of the City of Vernon wishes 26 to establish fees, charges and surcharges on services provided 27 for in said Special CMD District (Vernon 2) as well as the rest 28 of the service area within the City of Vernon (Vernon 1). 8 9 10 11 12 13 14 15 16 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 2 OF THE CITY OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon 4 hereby finds and determines that the recitals contained herein- 5 above are true and correct. 6 SECTION 2: That Section 25.1 is hereby amended to 7 read as follows: "Sec. 25.1. Honthly Rates Established. The rates to be charged by the water department for the sale of water from its municipal water plant for domestic, commercial, industrial, fire protection purposes, and standby service to be due and payable to the City monthly, are hereby fixed as follows: For All Water Consumed. . . . 34C per 100 cubic feet." SECTION 3: That Section 25.2 is hereby amended to read 17 as follo.V7s: 18 19 20 21 22 23 24 25 26 27 28 "Sec. 25.2. Monthly Minimum Charge With Zero Consumption-For Consumers Generally. The monthly minimum charge to be charged to consumers of water from the municipal plant shall be as follows: 5/8 inch meter $ 4.00 3/4 inch meter 4.00 1 inch meter 5.00 l~ inch meter 6.00 2 inch meter 8.00 3 inch meter 11. 00 -2- 1 4 inch meter $15.00 2 6 inch meter 20.00 3 8 inch meter 25.00 4 10 inch meter 30.00 5 The charge for water in excess of the 6 monthly minimum charge shall be the minimum 7 charge plus the rates shown in Section 25.1. 8 Any portion of a month shall be considered a 9 full month." 10 SECTION 4: That Section 25.3 is hereby amended to 11 read as follows: 12 "Sec. 25.3. Same-For Standby Service. 13 14 15 16 17 18 19 20 21 22 23 24 25 The charge for water in excess of the monthly 26 consumption allowance shall be the minimum charge 27 plus the rate's shown in Section 25.1. Any portion 28 of a month shall be considered a full month." -3- The monthly consumption allowance and the minimum monthly charge for standby service to be charged to consumers of water from the municipal plant shall be as follows: Any person, firm or corporation receiving water from a standby: 2 inch meter 6,000 cubic feet per month $ 28.40 3 inch meter 15,000 cubic feet per month 62.00 4 inch meter 30,000 cubic feet per month 117.00 6 inch meter 75,000 cubic feet per month 275.00 8 inch meter 150,000 cubic feet per month 535.00 10 inch meter 250,000 cubic feet per month 880.00 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 SECTION 5: That Section 25.5 is hereby amended to read 2 as follows: "Sec. 25.5. Minimum Rates For Fire Protection Purposes. The rates to be established, which shall be considered the minimum rate for connections to the water system of the City for fire protection purposes, shall be as follows: Each person, firm or corporation having a 2 inch sprinkler connection $10.00 per month 3 inch sprinkler connection 10.00 per month 4 inch sprinkler connection 14.00 per month 22.00 per month 30.00 per month 40.00 per month 5.00 per month 6 inch sprinkler connection 8 inch sprinkler connection 10 inch sprinkler connection Each hydrant connection The charge for all water used shall be at the rate shown in Section 25.1 and shall be payable semi-annually. Any portion of a month shall be considered a full month." SECTION 6: That Section 25.6 is hereby amended to read as follows: "Sec. 25.6. Minimum Charges For Installation or Relocation: Temporary Connection Rates. The Water Department of the City shall make a minimum charge of twenty-five dollars ($25.00) for each initial temporary installation for water service and thereafter a minimum charge of -4- 10 11 12 13 l4 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 fifteen dollars ($15.00) for each relocation of said service. The water furnished through said temporary connections shall be charged at the rate of one and one-half times the water rate and minimum charge set forth in Sections 25.1 and 25.2. Any portion of a month shall be considered a full month." SECTION 7: That Section 25.7 is hereby amended to read 9 as follows: "Sec. 25.7. Bond or Deposit Prerequisite To Temporary Connections. Before temporary water service is connected to a fire hydrant, the applicant for such service shall deposit with the City Clerk in cash or surety bond, approved by the City, the sum of two hundred fifty dollars ($250.00) and a minimum charge of twenty-five dollars ($25.00) for each initial connection made. Said deposit andlor bond of two hundred fifty dollars ($250.00) deposited with the City is to guarantee the payment of all water charged through said connections and the return to the City Water Department in good condition, usual wear and tear excepted, of all materials furnished by the City of Vernon in making said connection, together with all labor costs in connection therewith." /11 III -5- 3 4 5 6 7 8 9 10 11 12 13 14 .15 16 17 18 19 20 2l 22 23 24 25 26 27 28 1 SECTION 8: That Section 25.8 is hereby amended to read 2 as follO\\7s: "Sec. 25.8. Rates For Person Conducting Retail Water Business. The rate to be charged by the City for the sale of water from its municipal plant to any person, firm or corporation conducting a retail water business shall be, and the same is hereby fixed at, thirty-four cents per one hundred cubic feet." SECTION 9: That Section 25.46 is hereby amended to read as follows: "Sec. 25.46. l10nthly '-Jater Rates Established. The rates to be charged by the water department for the sale of water in the Special CMD District from its public works system for domestic, commercial, industrial, fire protection purposes, and standby service to be due and payable to the City's Special CMD District Fund monthly, are hereby fixed as follows: For All Water Consumed. . . 40C per 100 cubic feet." SECTION 10: That Section 25.48 is hereby amended to read as follows: "Sec. 25.48. Minimum Rates For Fire Protection Purposes in Special CMD District. The rates to be established, which shall be considered the minimum rate for connections to the water system of the City for fire protection services, shall be as follows: -6- 1 Each person, firm or corporation having 2 a fire connection to the water system of the 3 City for fire protection purposes 4 Sprinkler charge (per building) 5 first 3,000 sprinkler heads 75C/head per year 6 over 3,000 sprinkler heads 60C/head per year 7 The charge for all water used shall be 8 at the rate shown in Section 25.46 and shall 9 be payable semi-annually. Any portion of a 10 month shall be considered a full month." 11 SECTION 11: That Section 25.51 is hereby added to 12 Chapter 25, Article III of the Code of the City of Vernon, 13 California, 1959, and shall read as follows: l4 "Sec. 25.51. Monthly Standby Service Charge. 15 The monthly consumption allowance and the l6 minimum monthly charge for standby service to l7 be charged to consumers of water in the Special 18 CMD District from the public works system shall 19 be as follows: 20 Any person, firm or corporation receiving 21 water from a standby: 22 23 24 25 26 27 28 The charge for water in excess of the -7- 2 inch meter 6,000 cubic feet per month $ 32.00 3 inch meter 15,000 cubic feet per month 71.00 4 inch meter 30,000 cubic feet per month 135.00 6 inch meter 75,000 cubic feet per month 320.00 8 inch meter 150,000 cubic feet per month 625.00 10 inch meter 250,000 cubic feet per month 1,030.00 1 monthly consumption allowance shall be the 2 minimum charge plus the rates shown in 3 Section 25.46. Any portion of a month shall 4 be considered a full month." 5 SECTION 12: That Section 5.A and 5.B of the Rules 6 and Regulations of the Water Department, Appendix III, is 7 hereby amended to read as follows: 8 "Sec. 5. Operating Conditions. 9 A. Payment of Bills. All bills are due and 10 payable and are to be received at the office of 11 the Water Department of the City of Vernon on the 12 last working day of each month for water used 13 the preceding month. 14 In the event, and as often as, any bill, 15 account or other charge for water or service, 16 as in this Ordinance provided, is not paid or 17 discharged when the same is due and payable 18 before delinquency, the Water Department shall 19 have the right forthwith to discontinue any 20 service which it has been furnishing andlor 2l to discontinue furnishing water to any such 22 person, firm or corporation until all bills, 23 accounts and other moneys due for such person, 24 firm or corporation to the City of Vernon have 25 been paid or discharged. 26 In those cases where the Water Department 27 deems it advisable to discontinue water service 28 for non-payment of any bill, account or other -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 charge for water or service, a printed notice shall be enclosed with the delinquent bill stating that the service will be discontinued on a certain day if the bill remains unpaid. If the water service is discontinued, the following charges will be made: Reconnection Fee $ 25.00 B. Meter Testing. A customer may demand that the meter through which water is being furnished be examined and tested to determine if it is registering correctly the amount of water delivered. Such demand shall be made in writing to the Water Department, and shall be accompanied by a deposit of one hundred dollars ($100.00) for one, one and one-half and two inch meters and one hundred fifty dollars ($150.00) for three, four and six inch meters. Upon receipt of such demand, the Water Department shall examine and test the meter. If the meter is found to register over two percent more water than actually delivered, another meter will be substituted and the deposit shall be repaid to the customer making the application, and the water bill for the current period adjustered in such manner as the Water Department may consider fair and just. If the meter is found to register not over two percent in excess, -9- 1 the deposit shall be forfeited and the 2 water bill paid as rendered. 3 If a meter fails to register during 4 any period, the customer shall be charged 5 with the daily consumption, as shown by the 6 meter when operating correctly." 7 SECTION 13: The City Council of the City of Vernon 8 hereby declares that the applicable rates contained in this 9 Ordinance shall be effective for the first regular water 10 reading for monthly billing purposes, in the month of 11 February, 1983. 12 SECTION 14: All other Ordinances or parts of 13 Ordinances thereof in conflict with this Ordinance, specifically 14 Ordinance Nos. 870, 891 and 914, are hereby repealed. 15 SECTION 15: Any person, firm or corporation l6 violating any of the provisions of this Ordinance shall be 17 deemed guilty of a separate offense for each and every day or 18 portion thereof during which any violation of any of the 19 provisions of this Ordinance is committed, continued, or 20 permitted, and upon conviction of any such violation such 2l person shall be punishable by a fine of not more than Five 22 Hundred Dollars ($500.00) or by imprisonment for not more than 23 six (6) months, or by both such fine and imprisonment. 24 SECTION 16: If any section, subsection, sentence, 25 clause, phrase or word of this Ordinance is for any reason held 26 to be void or unconstitutional, such decision shall not affect 27 the validity of the remaining portions of this Ordinance; it 28 being the intention of the City Council of the City of Vernon to -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1982. 20 21 22 23 24 25 26 27 28 adopt and pass this Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, clauses, sentences or phrases thereof may be declared void or unconstitutional. SECTION 17: 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 (3) of the most public places in the with of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California; that this Ordinance shall be in full force and effect thirty (30) days from and after the passage of the same. APPROVED AND ADOPTED this 21st day of December ",,'~-?7~~~~.-C-{.-t-L"Li-~ · /~ / LEONIS C. MALBpRG, Mayor ATTEST: ",/:? ~//~ ./' .//~.d " ~447/ #'~/~~ ~ BRUCE V. MALKENHORST, City Clerk -11- 10 11 12 13 14 15 16 17 18 1 STATE OF CALIFORNIA SSe 2 COUNTY OF LOS ANGELES 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Ordinance, being 6 Ordinance No. 933 , was duly and regularly introduced adjol.lrned 7 at a regular/meetlng of the City Council of the City of Vernon, 8 held on December 2, 1982 , and thereafter finally adopted 9 at a regular meeting of said City Council held on 21st December 1982 , by the following vote: AYES: Councilmen: Ybarra~ Davis~ Gonza1es~ Ma1burg~ McCormick Councilmen: None NOES: ABSENT: Councilmen: None 6~~~ Bruce V. Malkenhorst, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 -12-