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HomeMy WebLinkAboutAgenda Report - January 2, 1992 (55)r CITY OF LODI %GENDA TITLE: Consider the Adoption of an Urgency Ordinance to Require Water Meters on All New Water Services 4EETING DATE: January 2, 1992 PREPARED BY: Public Works Director ACTION: That the City Council adopt an urgency ordinance No. 1451 amending Lodi Municipal Code 13.08, water Service, to require water meters on new water services. BACKGROUND INFORMATION: The Lodi City Council at the December 4. 1991 council meeting set the public hearing to discuss the adoption of an urgency ordinance requiring water meters on all new water services as required by Senate Bill 229. The attached ordinance defines a new water service as Senate Bill 229 was open to interpretation. Other changes in language were made to update Lodi Municipal Code 13.08, Water Service, Article I. FUNDING: None JLR/FB/sh Jack L. Ronsko V Public Works Director & I I Prepared by Frank Beeler, Assistant water/wastewater Superintendent cc: City Attorney Impact Fee Mailing List Water/Wastewater Superintendent APPROVED --TkL4V • 'on THOMAS A PETERSON City Manages 1291WR.29 %41 M? December 24, 1991 ORDINANCE NO 1541 AN URGENCY ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13 08 - WATER SERVICE' BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS SECTION 1. Lodi Municipal Code Chapter 13.08. Article I Is hereby amended as follows (Pans removed from the existing code are €n wWeew-and additions underlined ) Chapter 13.08, WATER SERVICE Sectkyw: Article I. Generally 13.08.010 Setting of rates. 13.08.020 Rates outside city. I 13.08.030 Rates by contract. 13.08.040 Commencement and end of charges. 13.08.050 Metered service. 13.08.060 Turning off during flr6a(jTffg20WeI1. Article I. Generally f 13.08.010 Setting of rates. ;k*A1 etlllalillWaatablism t�ar�+�t�+re-tea-ti�!et-t4?�--�s4s1 a The scslbMllie d water rateswi ll be tAoae established and_ 1b 13.08.020 Rates outside city. The city will not normalty serve water outside the city limits. In those cases where it Is authorized by the city council.,4heFOSS shaWbee91ab9skd-W #e"titkwef � l t thea+tyeeuno - the rate shall be 159°4 of the rate ihr service inside Lfte city limits., (Ord 1333 $ f(9XI) 1984 prig code § 26 2) 13.08,030 Rates by contract. In cases not provided Ior by this chapter. the rate may be fixed by special contract. as agreed upon by the director of finance and publicworks director on behalf of the city. and the water use? involved. ifsuch rates cannot be agreed upon. the city council shall Iix and determine proper rates. and such determination shall be final. (Ord. 1333 § f j9KJj 1984: prior code § 26-3) 13.08.040 CofflamweeffmN and end of charges. Water charges shall In all cases commence to accrue when water is turned on, at rates proportioned for the period from that date until the lollowing last day of the billing period, as maybe established by the city (Prior code 526-4) 13.00.050 Metered sewke. J. .-a.-:3 � •.' rss • •y til lEti • • r Ail existing parceft whkh haves . City water sewice and Cita water service la=01111112a When a water seM= to all.-parcelswill bemeter2d, All parcels at which a sinalp family dwelfnofsl is heina repjmed tWw muftiole ramify units er a non-residential Il110_ At all Dam"] where off site I r v m When nywatercoromerrreaweys waterservicemssizm© orrelocafing, 2 7 u t t e r e d water service Sha11 be instaltetf on afll B2Sllithlt] industrial users or when the lauWicworks director deierrnin€3 theinslallation of metered :y :..� - • •- 1 l.' err 1 � �rl � 1" C Meters on Oylatinn commorrial anrd ipdtM trial water caniirac mt wywev yndw "A" above shall be installed by the city at the city's eX1 . Meters on ail new ; = KW MM MWO In 'N above shall be WUdNKLk A the QLtL� ShO be 33.08.050 Turning off during fires jemeroenciiies - In the case of fire or other emPraPncy, when se directed bya**mpkP @e -e1 -the dty; all faucets. tam ¢' other means of lettlna water tduo-At�abiaareu¢�iyize any ppewolum shall be turned off immediately by every owner or occupant and not opened until the fere Is extinguished QE the emeraen-cy [e; . (Prior code § 2-47) 3 SECTION 2. 2 ordinances and parts of i ndnces in conflict herewith are repealed insofar os such conflict may exist. SECTION 3. This is an urgency ordinance iirplementing a State -mandated program. SECTION 4. This urgency ordinance shall be published one time in the o i ews Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect immedia tely . Approved this 2nd day of January 1992 W. PINKERTON, JK. MAYOR Attest: ALICE M REIMCHE City Clerk State of California County of San Joaquin, ss. L Alice M. Reimche. City Clerk of the City of Lodi. do hereby certify that Ordinance No. 1541 was adopted as an urgency ordinance at a regular meeting of the City Council of the City of Lodi held January 2, 1992 and was thereafter passed, adopted and ordered to print by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Abstain: Council Members ' I further certify that Ordinance ha. 1541 was approved and signed by the Mayor on the date of its passage and the 58W has been published pursuant to law. ALICE N. REIMCHE City Clerk Approved as to Form BOBBY W. MCNATT City Attorney - 4- ORU1541/TXTA.01V w CITY OF L)TICE OF PUBLIC NEARING G% Date January 2, 1992 CARNEGIE FORUM X03 Wr►t Pine Sheet, l.ridi Time: 7:30 p.m. For intormation regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-:7M NOTICE OF PUBLIC HEARING January 2. 1992 NOTICE IS HEREBY GIVEN that on Thursday .at the hour of 7:30 p.m., oras soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) the adoption of an urgency ordinance requiring water meters on a I I i�ew water services. All Interested persons are invitedto present their views andcomments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein. and oral statements may be made at said hearing. If you challenge the subject matter in court. you maybe limited to raising only those Issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: 1m, �'• Alice M. Re he City Clerk Dated: December 4, 1991 Approved as to form: Bobby W. McNatt City Attorney CRY COUNCIL IAMES VK PMiKIAMN. Mayor PHILLIP A. KNNINO Mayor ho 1IW1*"e DW.o M. "r4c"h4m JACK A. SIEGIDCK JOHN R. OUftd" SNIDER CITY OF LODI CITY HALL. 221 WEST FINE STREET PQ KX )006 LORI, CALIFORNIA 95241.1910 (209) 334.5634 KK am )I1a4n$ December 30. 1991 THOMAS A. PETERSON CiIY Manaaw ALICE M. REuMCHE CKY Clok sob WMATT City Aftrnrf SUBJECT: Consider the Adoption of an Urgency Ordinance to Require Yater Meters on All New Water Sen ices Enclosed is a copy of background information on an item that will be discussed at the City Council meeting on Thursday, January 2, 1992. at 7:30 p.m. The meeting will be held in the Cfty Council Chamber. Carnegie Forum, 305 West Pine Street. You are welcome to attend. If you wish to coamnicate with the Cfty Council, please contact Alice Reim he, City Clerk, at (209) 333-6702. If you have any questions about the item, (209) 333-b7 1 or rre at (209) 333-6706. ack Ronsko 1i Uorks Director JLR/lm Enclosure / CC: City Clerk C'WATERMT.NOM/TXTW.02M please call Frank Beeler at CMEMORANDUN. City of Lodi, Public Works Department TO: City Manager City Council FFCM: Public Works Director DATE: January 2, 1992 SUBJECT: Adding a Billing Adjustment Section to Proposed Urgency Ordinance #1541 t is recommended that the following section on billing adjustments be added to Section 13.08 of the proposed urgency ordinance. This addition only formalizes the City's current practice for billing adjustments. 13.08.070 B i I I i n g adjustment. When it is found that any changes for water service, connections, installations, abandonments. etc., have been incorrectly billed or that no billing has occurred, the City has the right to make adjustments as determined by the Public Works Director. Billings for undercharges or credits for overcharges shall be subject to the three-year limitation period found i n the California Code of Civil Procedure, Section 338. Jack L. Ronsko Public Works Director JLR/lm cc: dater/Wastewater Superintendent Finance Director MCM92U1/TXTW.02l4 ORDINANCE NO 1541 AN URGENCY ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13 08. WATER SERVICE' . a e - - v - - = = - = = = = = = - = - = = = - a s = = = = = = = = = = = s u - _ _ = _ T = = = = = BE IT ORDAINED BY THE LOD( CITY COUNCIL AS FOLLOWS SECTION 1. Lodi Municipal Code Chapter 13.08. Article I is hereby amended b read as follows: Chapter 13.08. WATER SERVICE %Coons: Ankle I. Generally 13.00.010 Setting of rates. 13.08.020 Rates outside city. 13.08.030 Rates by contract. 13.08.040 Commencement and end of charges. 13.08.050 Metered bavim. 13.08.060 Turning off during fires/emergencies. 13.08.070 Billing adjustment. Article I. Generally 13.08.010 Setting of rates. The scheduleof water rateswill be those established and adopted by the Citycouncil from lime to time by resolution. (Ord. 1541 § 1. 1991) 13.08.020 Rates outside city. The city will not normaly serve water outside the city limits. In th0ee cases where it is authorized by the city council, the rate shall be 150% ofthe rate forseevk* insidethe City limits. (Ord. 1541 § 1. 1991: prior code § 26-2) 13.08.030 Rates by contract. In cases not provided for by this chapter. the rate may be lixed by special contract. as agreed upon by the director of finance and public works director on behalf of the city, and the water user involved. If such rates cannot be agreed upon, the city council shah fix and determine proper rates. and such determination shalI be final. (Ord. 1333§ 1(9XJ). 1984: prior code § 26- 3) 13 08 040 Commencement and end of charges Water charges shall in all cases commence to accrue when waler is turned on at rates proportioned for the period from that date until the lollowing last day of the billing period as may be established by the city (Prior code 126-4) 13.08.050 Metered service. A. Meters will be require:l on all new residential. ccxrrwcial, Lind industrial water services covered by the following conditions: 1. All new property annexations to the City requesting City water m i c e 2 AlIexisttng p a d swhich havehadno previpt3 Citywater service and Citywater servmce Is requested. 3. when a parcel Is split, water services to all parcels will be metered. 4. All pwcft atwhkh asingPifamily dwefling(s)Isbe+ngreplaced bymultiple family units or a nort-residential use. 5. At all pare& where oft site inipiuvements are required. 6. When any water customer requests water service upsizing or relocating 8. Meteredwater service SAKI be installed on all existing commefc'sal and industrial triers or when the public worksdire<, or determinesthe Installationof meteredwster Serviceto beinthe best interest of the clty. C. Meters on exlWnp commercial and htdustital water services ria ccr+ered under 'A' awe shall be Installed by the city at the city's expense. Meters on all new water services and those covered In 'A' above shall be installed by the city. but shall be paid for by the user. (Ord- 1541 § 1, 1991: prior code § 2 53) 13.08.060 Tuming off during tires/emergencies. In the pee of fire or other emergency. when directed by the city all faucets, taps or othermeffins of letting water run shall be turned off Immediatelyby every owner or occupant not 0117ened until the fire Is extinguished or the emergency resolved. (Ord. 1541 9 1, S 991: prior code § 2- 47) 13.08.070 Billing Adjustments when it b found that any charges for water service. comwctiorrs, instailalkv,*, abar>donmer", etc., have been incorrectly billed or that m billing has occurred. the city has the right to make adjustments as determined by the public works director. Billings far undercharges or credits for overcharges shal I be subject to the three year limitation period found in the California Code of Civil Procedure. Section 338. (Ord. 1541 5 1, 1991) IMCI hw*wsth ar• repeaie sere W as war oonrACI ntay �ltiet A Thw is an emergency crdMMnCe I nptanwo" a 8taawwm - -, .;:, MOO" This urgency orLu we toe ~ Im publlel+ed cvw dote In the ums No, serm er. a dally n*wepapsr of pmrM orenrt i- pn nwd and pubMMMd to the City of Lcks end inert be on #am* and Hilte e�ll*ot iaets♦01■IMy Approtrad OWe2 rd dry of January 19W ly" Y ` Ado* M. fleAdw CRY Ck t Slime o1 C.aNkaft County d 8w ioa* n, es. 1, AMO* K !1*IteWlt*, Ctty CM M d dW Cuy of L ort do hereby ooWy that ONWUnoe ND. 1'541 wros adoplad M an wowwy amouno* at a rep w rINSINtp as *a Oly CoutoN at vo Cly► d Lod held .wnwy 2. 19Mt grid vmn rtw wo-1 paa1 s adopr*d and ordered to prrn by an lallowlnp* Ayes: CoucMil cabers. Hinchman, Pennino, Sfeglock, Snider and Pinkerton (Mayor) "Oft Councd Whttgare . gone AbseW Caunco mm ew; - None Abet o m Coundl Mstnb*rs - None I Itrrtltar COf ft OW Orxbnattos ft 1541 was appran - o and signed by the Meyar on the data d Ms p*ee*ge acrd 11M eattte has been pubWl+ad pustwnt to la.r. CRY Clerk Approv" as to Form V Dour W. UCKATT Cky Attorney 1 WATORD7 F8