Ordinance No. 10961 ORDINANCE NO. 1096
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 VERNON AMENDING SECTION 25.76 OF ARTICLE IV OF
CHAPTER 25 OF THE CODE OF THE CITY OF VERNON,
4 CALIFORNIA, 1959, RELATING TO WATER DEPARTMENT RULES
AND REGULATIONS AND REPEALING ALL ORDINANCES OR
5 PARTS OF ORDINANCES IN CONFLICT THEREWITH
6
7 WHEREAS,, on January 24, 1989, the City Council of the City of
8 Vernon adopted Ordinance No. 977 codifying the rules and regulations
9 of the Water Department in Article IV of Chapter 25, "Water Department
10 Rules and Regulations," of the Vernon City Code; and
11 WHEREAS, the Director of Community Services & Water has
12 recommended that Section 25.76 of Chapter 25 of the Vernon City Code
13 be amended as set forth herein to change the liability limitations
14 provision regarding the Water Department.
15 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
16 SECTION 1: The City Council of the City of Vernon hereby
17 finds and determines that the recitals contained hereinabove are true
18 and correct.
19 SECTION 2: The City Council of the City of Vernon hereby
20 amends the first paragraph of Section 25.76, "Liability," of Chapter
21 25 of the Vernon City Code as follows:
22 Sec. 25.76. Liability.
23 All customers shall, upon application for water
24 service, consent to and hold the water department and the City of
25 Vernon harmless for any damages caused by fluctuation of water
26 pressures or interruption of service. The City of Vernon will not be
27 held liable for water quality complaints from customers with specific
28 uses as referred to in Section 25.60.
,
1 SECTION 3: Any ordinance, part of an ordinance, or code
2 section in conflict with this Ordinance is hereby repealed.
3 SECTION 4 If any section, subsection, sentence, clause,
4 phrase or word of this Ordinance is for any reason held to be void or
5 unconstitutional, such decision shall not affect the validity of the
6 remaining portions of this Ordinance; it being the intention of the
7 City Council of the City of Vernon to pass and adopt this Ordinance
8 and each section, subsection, sentence, clause or phrase thereof
9 irrespective of the fact that one or more of the sections,
10 subsections, clauses, sentences or phrases thereof may be declared to
11 be invalid or unconstitutional.
12 SECTION 5: There being no newspaper printed, published or
13 circulated in the City of Vernon, the City Clerk is hereby directed to
14 certify to the passage of this Ordinance and shall post the same, or
15 cause the same to be posted, within fifteen (15) days after its
16 passage in accordance with Section 36933 of the Government Code, in
17 three (3) of the most public places in the City of Vernon, to wit: the
18 northwest corner of 38th Street and Santa Fe Avenue, the northeast
19 corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
20 board in the lobby of the City Hall of said City, located at 4305
21 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles,
22 State of California.
23 SECTION 6: .This Ordinance shall be in full force and effect
24 thirty (30) days from and after its passage of the same.
25 APPROVED AND ADOPTED this LAV day of June, 2003.
26
27 EONIS C. MALBtJRG, Mayor
ATTEST:
28
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. 1096,
was duly and regularly introduced at a regular meeting of the City
Council of the City of Vernon, held on Wednesday, May 21, 2003, and
thereafter finally adopted at a regular meeting of said City Council
held on Wednesday, June j,,y 2003, and thereafter was duly signed by
the Mayor of the City of Vernon, by the following vote:
AYES: Councilmen: Malburg, Ybarra, Gonzales, Davis,`
and McCormkck
NOES: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
EDUARDO OLIVO
City Attorney
(� FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
CITY HALL BRUCE W OLSON
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
TELEPHONE (323) 583-8811 FAX: (323) 826-1481
May 15, 2003 �®
IL,,
The Community Services and Water Department has reviewed Section 25.76
of the City Code, it is necessary that an Amendment be approved to
read as follows:
All customers shall, upon application for water service, consent to
and hold the water department and the City of Vernon harmless for any
damages caused by fluctuation of water pressures or interruption of
service. The City of Vernon will not be held liable for water quality
complaints from customers with specific uses as referred to in Section
25.60.
This has been reviewed by the City Attorney and it is hereby
recommended that the Amendment to Section 25.76 of the City Code Book
be approved.
ery truly yours,
t�� V
Bruce V. Malkenhorst
City Administrator/City Cler
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COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorsst,City Administrator
FROM: Samuel Kevin Wilsof birector of Community Services & Water
DATE: May 15, 2003
SUBJECT: PROPOSED AMENDMENT TO SECTION 25.76 OF THE CITY CODE
In reviewing the City Code in regards to its' limitations on liability for providing water service
it appears that a minor amendment is necessary to Section 25.76 of the City Code.
As with any normally operating water system sedimentation builds up within the water mains.
The City routinely flushes its' mains in order to clear the sediment. However, from time to time
surges in the system or sudden changes in direction can cause a temporary discoloration of the water
and sediment to flow through a customer's meter. All water continues to meet drinking water
standards.
Under Section 25.60 of the City Code the City Water Department will exercise reasonable
diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper
pressure and avoid any shortage or interruption in delivery. The Water Department will endeavor to
supply a safe and potable water at all times. Where the use of water on a customers premises requires
water for specific uses demanding a better quality of water than that served by the Water Department,
the customer shall provide water treatment facilities capable of producing water of the desired quality.
Many customers provide treatment of the water served by Vernon as part of their quality
control process. In order to prevent any liability that the City may have in regards to its water quality
it is recommended that Section 25.76 of the City Code be amended as follows:
All customers shall, upon application for water service, consent to and hold the water
department and the City of Vernon harmless for any damages caused by fluctuation of water
pressures or interruption of service. The City of Vernon will not be held liable for water
quality complaints from customers with specific uses as referred to in Section 25.60.
[Revision in bold]
Additionally since the language in the customer agreement tracks the language in Section
25.76 it is recommended that the limitations of liability agreement be amended to reflect the new
language.
SKW/ca
c: Eduardo Olivo
LIMITATION OF LIABILITY
All customers shall, upon application for water service, consent to and hold the Water
Department and the City of Vernon harmless for any damages caused by fluctuation of water
pressures, water quality or interruption of service.
A. CUSTOMERS' PROPERTY. The City of Vernon and/or the Water Department
shall in no way be responsible for any damage to person or property because of any leakage,
breakage, or seepage from any pipe, valve, appurtenance, or equipment situated on any private
property, nor shall they be responsible for any leakage, breakage, or seepage from any pipe
situated between the meter installed at the curb and private property served thereby.
B. SERVICING. The City of Vernon and/or the Water Department shall not be
responsible for damage to property caused by defective piping on the customer's premises and
by spigots, faucets, valves and other equipment that are open when water is turned on originally
or when turned on after a temporary shutdown.
C. DAMAGE OF WATER DEPARTMENT PROPERTY. The customer shall be
held responsible for damage incurred to City property caused by an act of the customer or his
agents and any damage to a meter that may result from hot water or steam backing up to the
meter from the customer's premises. The customer shall correct the plumbing condition causing
the damage and shall be charged for the cost of the repairs to the meter.
In addition, the City does not warrant the quality of water. Where the use on a
customer's premises requires water for specific uses demanding better water'than that served by
the Water Department, the customer shall provide water treatment facilities capable of producing
water of the desired quality.
The undersigned applicant for water service from the City of Vernon acknowledges that
he has read the above and consents thereto.
Applicant's Signature
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. `BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
July 21, 2003
Coded Systems
120 Main Street
Avon, New Jersey 07717
Attn: Mary Beth Smith
Dear Ms. Smith:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Enclosed herewith is a copy of Ordinance Nos. 1094, 1095, and`1096 to
be incorporated into the Vernon Municipal Code.
Prior to the final incorporation of this supplement, please FAX or
mail a draft for our review to ascertain that there are no
discrepancies between the actual ordinance and your interpretation of
same. We will notify -you immediately if we are in concurrence, or of any discrepancies.
After final review, forward 55 sets of the supplement to my attention.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
G a J. Or co
Chief Deputy City Clerk
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