Ordinance 107ORDINI~NCE N0, 107
AN ORDINANCE OF THE CITY OF CU:PERTINO CREATING A WATER DEPART-
MENT: PROVIDING WATER RATES ANA CHARGES FOR WATER FURNISHED
BY THE WATER SYSTEM OF SAID CI`.C'Y: SETTING FORTH AND PROVIDING
FOR ESTABLISHMENT OF RULES AND REGULATIONS FOR WATER SERVICE
AND CONNECTIONS: PROVIDING FOR MEANS OF COLLECTION OF CHARGES
AND FOR ENFORCEMENT MEASURES IlJ CASE OF NONPAYMENT OF CHARGES
OR FOR CERTAIN VIOLATIONS: PROVIDING FOR APPEALS IN CERTAIN
CIRCUMSTANCES: PROVIDING FOR D:CSPOSITION OF REVENUES RECEIVED
PURSUANT TO THIS ORDINANCE, AN1~ FOR USES TO WHICH SUCH REVE-
NUES SHALL BE APPLIED: AND PRO~TIDING FOR EFFECTIVE DATE OF
THIS ORDINANCE AND OF CHARGES IiEREUNDER.
THE CITY COUNCIL OF THE CI~'Y OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1, Definitions
The following terms when u:~ed in this Ordinance shall
have the following respective r.leanings:
(a) "City" shall mean thE~ City of Cupertino, a municipal
corporation organized and exisf;ing under the Constitution and
laws of the State of Californi~~,
(b) "Council" shall mean the City Council of the City,
c "Water Department" sriall mean the Water Department
of the City hereinafter providE~d for.
(d) "Manager" shall mean the City Manager or other
person designated by the Council pursuant to the Ordinance or
any amendment hereto to perforrl the services or make the
determinations permitted or rec{uired under this Ordinance to
be made by the Manager,
(e) "Consumer" shall meaxi any person, firm, company,
corporation, partnership, association, the City, any public
corporation, political subdivi;>ion, city, county, district,
the State of California or the United States of America, or
any department or agency of an~~ thereof, billed for water
furnished by the Water System. The singular in each case
sha.11 include the plural,
(f) "Water System" shall mean the enterprise described
in the following measure, toget-her with such additions or
improvements thereto as may be made from time to time:
MEASURE (A); Shall the Cit-y of Cupertino issue
(Water revenue bondti; in the principal
System) amount of 1,000,000, pursuant to
the Revenue F3ond Law of 19-1, to
provide fundti~ for the acquisition,
construction, improvement and financing of the
following enterprise, to hit: A water system for
the supply, treatment, stcrage, transmission and
distribution of water, including lands, easements,
reservoirs, water rights, water tanks, water mains,
wells, pumps, pumping equipment, storage, treatment ,
transmission and distribution facilities, and other
works, properties or structures necessary or
convenient for a municipal water system for the City
of Cupertino.
which said measure was duly approved by the voters of the City
at a special revenue bond election duly called and held in
the City on October 13, 1959.
(g) "Water" shall mean water furnished through the Water
System.
(h) "Premises" shall mean any lot, piece or parcel of
land, or any 'puilding or other structure or any part of any
buildin or structure having a connection with the Water System,
(i~ "Water Service" shall mean the services, facilities
and water furnished or available to premises by the Water
System,
(j) "Applicant" shall mean any prospective consumer
applying for water service.
(k) "Domestic service" shall mean the furnishing of
water for household residential purposes, including water used
for sprinkling lawns, gardens and shrubbery, for watering
livestock, for washing vehicles and for other similar and
customary purposes. "Commercial service" shall mean the
furnishing of water to premises where the consumer is engaged
in a trade. "Industrial service" shall mean the furnishing
of water to premises for use by a consumer in manufacturing
or processing activities. "Irrigation service" shall mean
furnishing water for agricultural use. "Metered service"
shall mean the furnishing of water by measured quantities.
(1) "Main extension" shall mean the extension of water
distribution pipelines, including service connections, beyond
existin facilities.
(m~ "Date of presentation "shall mean the date upon which
a bill or notice is mailed or delivered personally to a
consumer.
Section 2 Description of Service
The territory serviced by the City shall be all territory
within the boundaries of the City now or at any time hereafter
serviced by the Water System, and, at the discretion of the
Council, any other territory outside the ,boundaries of th e
City in which the City at the time has water distribution
pipelines.
Section 3 Water Rates and Charges
A. General Provisions
1. For the purpose of providing funds (i) for payment
at or before maturity of the principal of and interest on all
water revenue bonds heretofore or hereafter issued by the
City for the purpose of the acquisition, construction
improvements and financing of the Water System, (ii) for payment
of the cost of additions to or improvements of the Water
System and (.iii) for payment of the cost of maintenance and
operation of the Water System, there are hereby levied and
assedded upon all premises connected with the Water System
the water rates and charges hereinafter set forth for water
furnished or available to such premises by the Water System.
2. The City will endeavor to supply water at the curb
or property line in adequate quantities to meet the reasonable
needs and requirements of consumers with domestic service,
commercial service or industrial service. Untreated water
for irrigation service will be supplied to the extent and
through the water lines available for such service.
3. The City will endeavor to supply water at the curb or
property line at proper working pressures to meet the reasonable
needs and requirements of consumers with domestic service,
commercial service or industrial service. Untreated water for
irrigation service will be supplied only gravity flow.
~+. Whenever water is furnished for human consumption
the City willendeavor to supply at all times a safe and potable
water.
5. All water supplied Qonsumers (except water for
irrigation service where meters are not yet installed) will be
measured by means of suitable standard water meters. A cubic
foot will 'pe the unit of measurement, unless otherwise provided
for in the rate schedules hereinafter set forth.
6. All water rates and charges shall become effective
immediately upon the date of acquisition of the Water System by
the City as to all premises then connected to the Water System.
Thereafter, all such rates and charges shall become effective
against all premises not then connected to the Water System
immediately upon such connection.
7. The applicable water rates and cha rges set forth under
B and C, below apply in all cases except as otherwise required
pursuant to any contract under which the City acquires any part
of the Water System, and also except that the Council may specify
other rates and charges for metered service or unmetered service
in any contract approved by the Council between the City and any
consumer for large quantities of water for commercial service or
industrial service.
B. Rates Inside City Limits
1. General Metered Service
a Applicability
Applicable to all metered water service for domestic
service, commercial service anti industrial service.
(b) Rates
i j Monthly Minimum Charge:
Per Meter
Per Month
For 5/8 x 3/~- inch met e:^ ~ 2.25
For 3/~+ inch meter 3.00
For 1 inch meter x-.00
For 1-1/2 inch mete:^ 5.00
For 2 inch meter 8.00
For 3 inch mete, 15.00
Each "Monthly Minimum C~iarge" will entitle the customer to
the quantity of water which th~~t minimum monthly charge will
purchase at the monthly quantii~y rates set forth below.
(ii) Quantity Ratc;s:
Per Meter
Per Month
First 500 cubic feet or less ~ 2.25
Next 1,500 cubic feet, per 100 cu.ft. .32
Next 3,000 cubic feet; per 100 cu.ft. .28
Next 5,000 cubic feet, per 100 cu.ft. .25
Next 10,000 cubic feet, per 100 cu.ft. .20
Over 20,000 cubic feet., per 100 cu.ft. .18
2. Private Fire Protection :service
a Applicability
Applicable to all waiver service rendered by the Water
System for privately owned firE~ protection systems.
(b) Rates
Per Month
For Each 1-2 inch connection ~ 2.25
For each 2 inch connection 3.00
For Each 3 inch connection x-.50
For Each ~ inch connection 6.00
For each. 6 inch connection 9.00
For each 8 inch connection 12.00
For each 10 inch connect~.on 15.00
(c) S ecial Conditions
i The fire protection service connection will
be installed by the City at thE~ cost of the applicant. Such cost
shall not be sub ect to refund,
(ii~ If a distri~k~ution main of adequate size to
serve a private fire protections system in addition to all other
normal service does not exist in the street or allye adjacent
to the premises to be served, f;hen a service main from the nearest
existing main of adequate ca pac;ity will be installed 'py the City
at the cost of the applicant. Such cost shall .not be subject
to refund.
(iii) Service hE~reunder is for private fire
protection systems to which no connections for other than fire
protection purposes are allowed and which are regularly inspected
by the underwriters having jurisdiction, are installed according
to specifications of the City, and are maintained to the satis-
faction of the City. The City may install the standard detector
type meter approved by the Boaz~d of Fire Underwriters for protection
against theft, leakage or wastF~r of water.
(iv) For water delivered for other than fire pro-
tection purposes, charges will be made therefor under paragraph
1 of this section relating to general metered service.
(v) The City will supply on~r such water at such
pressure as may be available from time to time as a result of its
normal operation of the Water System.
3. Public Fire H dram Service to the Cit
a Applicabil~iy
Applicable to all water service rendered for
public fire protection to the City.
(b) Rates_
For fire hydrant service
Per Hydrant
Per Month
1.5
(c) S ecial Conditions
i Hydrants owned by the City will be installed,
maintained, painted, inspected and relocated at the expense of
the City from revenues of the Water System.
(ii) The above rates include use of water for
fire protection and for no other purpose. For water delivered
through fire hydrants for any other purpose, charges will be made
therefor at the quantity rate under paragraph 1 of this section
relating to general metered service.
(iii) The City will .supply only such water at such
pressure as may be available from time to time as a result of
its normal operation of the Water System.
~-. Public Fire H Brant Service to Others Than the Cit
a Applicability
Applicable within the area served by the Water
System to all water service rendered for public fire protection
to any public authority (including any municipality, county, or
other political subdivision of the State, or any public district,
the State of California and the United States of America) except
the City.
('o) Rates
Per Hydrant Per Month
If Attached
Hydrant Size of If Attached to 2" If attached If attached to 6" Main
Owned by Hydrant Type or 22 inch Main to 3" Main to ~-" Main or Larger
Authority 2" Wharf $0.75 1.00 $1.25 1.50
City 2" Wharf 1.00 1.25 1.50 1.75
Authority 2-~" Wharf 1.00 1.25 1.50 1.75
City 22" Wharf 1.25 1.50 1.75 2.00
Authority 3" Wharf - 1.50 1.75 2.00
City 3" Wharf - 1.75 2.00 2.25
Authority ~-" Standard - - 2.00 2.50
City ~" Standard - - 2.50 3.00
Authority 6" Standard - - - 3.00
City 6" Standard - - - 3.50
(c) S ecial Conditions
~ i Hydrants owned by the public authority
will be installed, maintained, painted, inspected and r elocated
at the expense of the public authority. The City will install
and own the tee in the main, the hydrant branch and the control
valv e .
(ii)
maintained by it From
aut ho ri t y wi 11 pay f o r
the City.
(iii)
will be limited to one
Hydrants owned
c~everues of the
the reolcation
Number of out
~" and two 22"
by the City will be
Water System. The public
of any hydrants owned by
Lets in standard outlets
outlets.
(iv) The abo~re rates include use of water
for fire protection and for no other purpose. For water
delivered through fire hydrants for any other purpose, charges
will be made therefor at the monthly quantity rates under paragraph
1 of this section relating to €;eneral metered service.
(v) The City will supply only such water at
such pressure as may be available from time to time as a result
of its normal operation of the system.
(vi) Fire hydrants will be attached to the
City's distribution mains only as authorized by the proper public
authority. Such authorization must designate the ownership,'
size, aryl type of hydrants and specifically state the location at
which each is to be installed.
5. Irri ation Service
a Applicabili y
Applicable only i;o service for untreated water
produced and delivered by grav'_ty flow for agricultural use only.
(b) Rates
~i j For a flow up to 500 gallons per minute the
charge is 2.50 per hour.
(ii) For a flotil exceeding 500 gallons per minute
and not exceeding 800 gallons ~~er minute the charge is $3.50 per
hour.
(iii) For a flow exceeding 800 gallons per minute
the charge per hour will be esi;a'plished by special agreement
between the City and the consumer.
C. Rates Outside City Limits
Until the Council shall otherwise provide, the rates and
charges for water furnished or available to premises outside the
boundaries of the City shall bE~ in amounts equal to the rates
and charges which would be app7.icable if the premises were
located within the City.
D. No Free Wader Service
No water and no service: or facilities of the Water System
sl~a.ll be furnished to any consumer or to any person (including
the City) free of charge except: as required pursuant to any
contract under which the City ~:equires any part of the Water
System.
E. Separate Premises Under S3_ngle Control
Separate premises under single control or management shall
be furnished water through sep~~rate individual service connec-
tions unless the City elects otherwise. Separate houses,
buildings, living or business quarters on the same lot, piece o r
parcel of land or on adjoining lots, pieces or parcels of land,
under a single control or management shall be furnished water,
at the option of the consumer Exercising such control or manage-
ment, b either of the following methods:
(l~ Through separate service connections to each such
hour e, building, or living c>r business quarter; or
(a) Through a single ser~rice connection to supply
all of such houses, buildings and living and business
quarters, in which case on13~ one monthly minimum charge
shall be applied and the re~~ponsibility for payment of
of charges for all water fux~nished shall be assumed by the
consumer having such control. or management.
Except by special agreement with the City no consumer shall
resell any water furnished by t:he City through the Water System
Section ~- Meter Tests and Adjustments of Bills for Meter Error
A. Tests
1. Prior to Installation
Every meter will be tested prior to being installed
and no meter will be placed in service if found to register
more than 2/ fast or slow.
2. On Consumer's Re uest
~a a consumer may, can not less than one week's
notice, require the City to teti>t the meter serving his premises.
(b) No charge will be made for such a test, except
where a consumer requests a test within six months after
installation of the meter or more often than once a year, in
which case he will be required to deposit with the City the
following amount to cover the cost of the test:
Size of Meter
One inch or smaller
Larger than one inch
Amount of De osit
2. 0
3.50
(c) This deposit will be returned if the average
meter error is found to be more than 2/ fast. The consumer will
be notified not less than five days in advance of the time and
place of the test.
(d) A consumer shall have the right to requi re the
City to conduct the test in his presence or in the presence of
his representative. Where the City has no proper meter testing
facilities available locally, the meter may be tested by an
outside meter manufacturer or its agency, or by any other
reliable organization equipped for water meter testing, in which
latter case the consumer may demand a duly notar~d statement,
certifying as to the method used in making the .test and as to
the accuracy thereof.
(e) A report showing the results of the test will be
furnished to the consumer within 15 days after completion of the
test.
B. Ad.iustment of Bil7_s for Meter Error
1. Fast Meters
When, upon test, the average meter error is found to
be more than 2/ fast, the City will refund to the consumer the
amount of the overcharge based on corrected meter readings for
the period the meter was in use but not exceeding six months.
2. Slow meters
When upon test, a meter is found to be registering
more than 5/ slow, the City may bill the consumer for the amount
of the undercharge based upon corrected meter readings for the
period the meter was in service but not exceeding three months.
3. Nonregistering Meters
The City may bill the consumer for water consumed while
the meter was nonregistering but fora period not exceeding
three months at the minimum monthly meter rate, or upon an
estimate of the consumption based upon the consumer's prior use
during the same season of the year if conditions were unchanged,
or upon an estimate based upon a reasonable comparison with the
use of other consumers during the same period, receiving the same
class of service under similar circumstances and conditions.
~ . Gaye ra 1
When it is found that the error in a meter is due to
some cause, the date of which can be fixed, the overcharge or
the undercharge will be computed back to but not beyond such
date.
Section 5. Billing For and Payment of Monthl Water Char es
-~- All water charges shall ecome due and payable at
the office of the Water Department on the date of presentation
thereof and shall become delinquent on the 15th day after the
date of presentation, except that closing bills, where service
is discontinued, will be due and payable on date of presentation
and collection will be made at time of presentation. All bills
for water charges will be rendered by the City monthly and will
be issued by the Water Department. Meters will be read at regular
intervals for the preparation of regular metered service bills
and as required for the preparation of opening bills, closing
bills and special bills. Each meter will be read separately.
It may not always be possible to read meters regularly on the
same day of each period. Should a monthly billing period contain
less than 27 days or more than 33 days a apro rata correction in
the bill will be made.. Proportionate adjustments will be made
when other billing periods are used.
(b) Opening bills, closing bills, monthly bills rendered
for periods of less than 27 da;,rs or more than 33 days, and other
bills requiring proration, wi1:L be computed in accordance with
the applicable schedule, but tYle amount of the fixed charge or
minimum charge specified there_Ln, will be prorated on the basis
of the ratio of the number of cYays in the period to the number
of days in the average billing period, based on an average month
of 30.x+ days. Should the tota:L period of service be less than
one month no proration will be made and no bill shall be less
than the specified monthly fixE~d charge or minimum charge.
(c) On each bill for watE~r service rendered by the City
to its consumers will be printE~d substantially the following
language:
"if this bill is not paid within 15 days after
date of presentation; service is liable to be
discontinued. A casYi deposit and reconnection
fee may be required f;o re-establish service."
Section 6. Person Responsible for Payment; Establishment of
Credit: Temporary Service
(a) All water charges sh~till be billed to the owner of the
premises upon which charges hey°ein fixed are levied and assessed
or to the person who requested connection to the Water System,
or his successor in interest, <>r to any person requesting that
such bill be charged to him.
(b) Each applicant for mE~tered service will be required
to establish his credit before receiving service. Credit will
be deemed established if the aY~plicant meets any one of the
following conditions:
(1) If applicant is the owner of the premises upon
which service is reque steel or of other real estate
served by the Water System;
(2) If applicant rzakes a cash deposit of $10.00
if service is to be throu€;h one 5~8-inch meter; or if
applicant makes a cash deY~osit equal to twice the
estimated average monthly bill, ~ZUt not less than
10.00.
(3) If applicant t'urnishes a guarantor satisfactory
to the City to secure payment of the water bills; o r
(~-) If applicant Yias been a consumer of any pre-
decessor of the City and during the last 12 consecutive
months of service by said predecessor has paid all
water bills without discontinuance for nonpayment thereof.
(c) Any applicant who hats previously been a consumer of
any predecessor of the City and during the last 12 months has
had his water service discontinued because of nonpayment of bills
may be required to re-establisr~ his credit by making a cash
deposit to secure payment of hs.s water bills equal to twice the
estimated monthly bill for the service desired. Any consumer
whose water service has been discontinued for nonpayment of
bills may be required to re-est-ablish his credit by making a
cash deposit equal to twice hip; average monthly bill for the
service desired.
(d) All deposits made with the City to establish credit
will be held by the City in a tispecial fund and may be applied
by the City to unpaid bills foz° water service when service is
discontinued or, to the extent that there are no unpaid bills
for water service upon discontinuance thereof, willlbe refunded
to the consumer; provided, that; after a consumer has for 12
consecutive months paid all bi~.ls for water service prior to
delin uency, the City will refL~nd his deposit without interest,
~e) Each receipt for a c~.sh deposit to establish or
re-establish credit for water service will contain the following
statement:
"`T'his deposit may be applied to unpaid balances
where service has been discontinued by the City
because of nonpayment of rills. This deposit, less
the amount of any unpaid grater bills, will be refunded
without interest, on discc>ntinuance of service, or
after the deposit has beers held for 12 consecutive
months, provided service rias been continuous, and all
bills for such service hati~e been paid.
(f) The City will, if no undue hardship to its existing
consumers will result therefrom, furnish temporary service
under the following conditions:
(1) The applicant will be required to pay to the City,
in advance, the estimated net cost of installing and
removing the facilities necessary to furnish the
service• and
(2~ Where duration of service is to be less than
one month, the applicant may also be required to
deposit cash equal to the estimated bill, subject to
adjustment and refund of repayment in accordance with
actual bill rendered upon discontinuance of service; or
(3) Where the duration of service is to exceed one
month, the applicant may also be required to establish
his credit in the manner prescribed for permanent
service in paragraph (b) of this Section.
(g) In the event of a temporary service becomes permanent,
the City will refund to the temporary consumer the amount paid
for a temporary service installation upon payment of the
applicable connection fee provided for in this Ordinance.
Section 7. Notices
a Notices from the City to any consumer will be gi ven
in writing, either delivered to the consumer or mailed to his
last known address, except that where conditions warrant or in
any emergency the City may give verbal notice by telephone or
in person.
(b) Notices from a consumer to the City may be given by
the consumer or his authorized representative verbally or in
writing at the office of the Water Department or to an employee
or agent of the Water Department who is authorized to receive
notices or complaints, or may be sent by mail to the Water
Department office.
Section 8. Enforcement Measures; Delinquencies
a The Manager is hereby charged with the enforcement
of all of the provisions arf this Ordinance.
(b) A consumer's water service may be discontinued for
nonpayment of a bill for water service furnished if the bill is
not paid within 51 days after date of presentation. A
consumer's water service may also be discontinued for nonpayment
of a bill for water service furnished at a previous or different
location served by the City, if such bill is not paid within 30
days after presentation at the new location. No service will be
discontinued under this paragraph (b) until at least five days
after deposit by written notice from the Manager to such
consumer in the United States Post Office of Cupertino, Santa
Clara County, California, addressed to the person to whom notice
is fiven and stating the City's intention to discontinue service.
(c) The City may refuse to furnish water and may dis-
continue service without notice to any premises where apparatus,
appliances or equipment using water is found by the Manager to
be dangerous or unsafe er where the use of water on such
premises is found by the Manager to be detrimental or injurious
to the water service furnished by the City to other consumers,
or where the Manager finds that negligent or wasteful use of
water exists on any premises which affects the City's water
service. The City shall have the right to refuse or discontinue
water service to any premises if necessary to protect itself
against fraud or abuse.
(d) In the event of violati on of any terms of this
Ordinance (except under paragraph (b) or paragraph (c) of this
Section), the Water Department may disconnect the premises to
which such violation relates from the Water System after first
notifying in writing the person causing, allowing or committing
such violation, specifying the violation and, if applicable
the time after which (upon the failure of such person to prevent
or rectify the violation) the Manager will exercise his
authority to disconnect the premises from the Water System;
provided, that such time shall not be less than five (5) days
after the deposit of such notice in the United States Post Office
at Cupertino, Santa Clara County, California, addressed to the
person to whom notice is given; provided, however, that in the
event such violation results iri a public hazard or menace, then
the Manager may eater upon the premises without notice and do
such things and expend such surfs as may be necessary to abate
such hazard, and the reasonablE~ value of the things done and the
amounts expended in so doing sYiall be a charge upon the person
so in violation.
(e) Upon failure of any c:onsumer billed or the owner of
any premises to pay any water :service charge prior to
delinquency, the following acta_on shall be taken by the City or
the Manager to enforce ,such pa~rment, to wit:
In each case where any bi7.1 for water service remains
un aid after such bill becomes delinquent, the Manager shall
(i~ disconnect the premises from the Water System for nonpayment
of water bills and (ii) cause ~:n action at law to be brought on
behalf of the City against the person responsible for payment
of such bill to recover the amount of such bill and the costs
of such action.
(f) Whenever any premises have been disconnected from the
Water System for any violation of this Ordinance, such premises
shall not be reconnected to thE~ Water System until all
delinquent charges have been p~~id, together with a reconnection
charge of $5 and until credit is established pursuant to
Section 6 (b~ (2) hereof.
Section g. Discontinuance of ;>ervice; Refusal to Serve
a Any consumer may havE: his water service discontinued
by giving notice to the Water Department requesting discontinuance
not less than two days prior to the requested date of dis-
continuance. Each such consumer shall pay all water charges up
to and including the date of discontinuance stated in such
notice. In any case where sucYi notice is not given, the consumer
shall be required to pay for w~.ter service until two days after
the Water Department has knowlE~dge that the consumer has vacated
the premises or otherwise discontinued water service. The City
shall make a reconnection charge for restoring water service to
any consumber whose water serva_ce has been discontinued at his
request. Such charge shall be 2.50 for reconnection of service
during regular-working hours and $5.00 for reconnection of service
at any time other than during x°egular working hours when the
consumer has requested that reconnection be made at such other
time.
(b) The City may refuse a.n applicant for service under
the followin conditions:
(1~ If the applicant; fails to comply with the provision
of this Ordinance;
(2) If the intended use of the service is in the
opinion of the Manager of such a nature that it will be
detrimental or in~uzfous tc~ service furnished to
existing consumers;
(3 If in the ~udgmE~nt of the Manager an applicant's
installation for utilizing the service is unsafe or
hazardous or of such a nature that satisfactory service
cannot be rendered;
(4) If service has t-heretofore been discontinued
for fraudulent use, service will not be rendered until the
Manager has determined th~.t all conditions of fraudulent
use or practice have been corrected.
When an applicant is refused service under the provisions
of this paragraph (b), the Man~.ger shall inform him of the
reason for the refusal to serve him and of his right of appeal
to the Council hereunder.
Section 10. Shortage of Supply and Service Interru bons
a The City will exercise reasona l diligence to
provide continuous and adequatE~ water service to consumers and
to avoid any shortage or interruption of delivery of water,
but cannot guarantee complete freedom from interruption. The
Water Department shall have the right to suspend water service
temporarily to make necessary repairs or improvements to the
Water System. In each case of temporary suspension of service
the Water Department will notify the consumers affected as soon
as circumstances permit and will prosecute the work of repair
or improvement with due diligence and with the least possible
inconvenience to consumers.
(b) During the period of threatened or actual water
shortage the City shall have the right to apportion its available
water supply among consumers in such manner as appears most
equitable under the circumstances then prevailing and with due
regard to public health and safety.
(c) The City shall not be liable for interruption,
shortage or insufficiency of water supply or water pressure or
any loss or damage occasioned thereby.
Section 11. Connections; Permits to Connect; Main Extensions
A. Any person whose premises are not connected with the
Water System upon the date of acquisition of the Water System
by the City shall connect any premises or cause any premises to
be connected with the Water System only after first obtaining a
permit to do so from the Manager and, except for a connection
made pursuant to Paragraphs G or ~~ of this section, paying the
actual cost of the connection, including meter, or a connection
charge of $50, whichever is greater.
B. Each applicant for water service may be required to
sign, on a form provided by the Water Department, an application
which shall set forth:
1 Date and place of application.
2 Location of premises to be served.
3 Date applicant will be ready for service.
~ Whether the premises have been heretp fore
supplies with water from the Water System
(either before or after acquisition by
the City) .
(5) Purpose for which service is to be used.
6 Address to which bills are to be mailed or
delivered.
(7) Whether applicant is owner or tenant of, or
agent for, the premises.
(8) Such other information as the Water Department
may reasonably require.
The application is only a written request for service and
does not bind the applicant to take service fora period of
time longer than that upon which the rates and minimum charges
of the applicable rate schedule are based; neither does it bind
the City to serve, except under reasonable conditions.
Two or more parties who loin in one application for service
shall be jointly and severally liable for payment of bills and
shall be billed by means of single periodic bills.
C. Consumers making any material change in the size,
character or extent of the utilizing equipment or operation for
which the City is supplying water service shall immediately
give the Water Department written notice of the extent and
nature of the change.
D. Failure by any person or any consumer to file his
application, containing the information required by this Ordinance,
shall constitute a violation of this Ordinance. No application
shall be conclusive as to the matters therein set forth nor
shall the filing of any application preclude the City from
collecting from the consumer responsible for payment (as provided
in this Ordinance) by appropriate action such sum as is actually
due and payable for water service under the provisions of this
Ordinance. Each application shall be subject to verification
by the Manager. Any person who takes possession of and uses
water from the Water System without having made application for
service pursuant to this Ordinance shall be held liable for the
full amount of the service rendered.
E. The City may require a written contract with any
consumer as a condition precedent to water service in any case
where unusual quantities of water or construction of special
facilities are or will be required.
F. Except for any connection made pursuant to Paragraphs
G or H of this Section, the Waiver Department will, upon payment
of the applicable connection criarge, furnish and install a
service connection of suitable capacity from its water main to
the curb line, or at its elect:_on, to the property line of any
premises for which a connections to the Water System is
requested, provided such premi:~es abut upon a public street or
existing water main right of w~~y on which a water main of the
Water System is located.
G. In any case where ap;~lication for water service
(other than private fire protection service or any pu'clic fire
hydrant service) requires a main extension, except in a case
involving an application to serve a subdivision, tract, or
organized service district, thE~ Water Department will extend
the City~s water mains to a nevr consumer upon payment by him in
cash as a connection charge of the reasonable estimated cost
of extension (including meter, if required) or 100, whichever
is greater, and, if required b~~ the Water Department, any costs
of increasing the size or capac:sty of the City's existing water
mains or any other facilities used or necessary for supplying
the proposed extension. The size, type and quality of materials
and location of the main will x~e specified by the Manager and
the actual construction will bE~ done by the Water Department or
a person acceptable to the Man~.ger. Adjustment of any substantial
differences between the estimated and the reasonable actual cos t
of such extension, if more than 100, will be made within g0
days after completion of the era ension. Such connection charge
sh~.ll not be otherwise subject to refund.
H. Any applicant for a main extension to serve a new
subdivision, tract, or organized service district (other than
private fire protection servicE~ or any public fire hydrant
service) will be required to p~.y to the City izL cash as a
connection charge, before contt-ruction is commenced, the estimated
reasonable cost of installation of water mains and necessary
fittings, gates and housings tYierefor from the nearest existing
main, and, to the extent that meters are to be installed for
such applicant, the estimated x°easonable cost of such meters
and of the installation thereof', and, if required by tY~ Manager,
any costs of increasing the si~,e or capacity of the City~s
existing mains or any other facilities used or necessary for
supplying the proposed extension. The size, type and quality
of materials and location of tYie mains will be specified by the
Manager and the actual construction will be done by the Water
Department or by a person acce~~table to the Manager. Adjustment
of any substantial differences Between the estimated and the
reasonable actual cost of such installation will be made within
g0 days after completion of thE~ installation and such connection
charge shall not be otherwise subject to refund.
I. All meters and service connections shall be installed
by the Water Department, subject to payment of applicable
connection charges. No rent ox' other charge shall 'pe paid by
the City for any meter or othex'facilities located on a consumer's
premises.
J. All service connections, meters, main extensions and
installations paid for by applicants and all other facilities
furnished by the Water DepartmE~nt or the City, whether located
wholly or partially on public cr private property, shall be and
remain the property of the City and the Water Department shall
have the right to repair, replace and maintain the same and the
right to remove the same upon discontinuance of service. The
Manager or other duly authorized agent of the Water Department
shall have at all reasonable tames the right of ingress to and
egress from any consumers prerr~ises for any purpose properly
relating to the furnishing of v~~ater to the consumer. Any
inspection work or recommendations made by the Water Department
or its agents in connection with plumbing or appliances or any
use of water on the consumer;s premises, either as a result of
a complaint or otherwise, will be made without charge. No agent
or employee of the Water Department or the City shall accept
any personal compensation from a consumer or applicant for any
services rendered.
K, No water pipe on any consumer's premises shall cross-
connect the Water System with any other source of water supply.
Whenever there exists on any consumer's premises another source
of water supply which had not been approved by the Department of
Public Health of the State of California as safe and potable for
human use or whenever a consumer's premises are engaged in
industrial purposes using or producing processed waters or liquid
industrial wastes or in handling sewage or any other dangerous
substances, the Manager may refuse or discontinue service until
there has been installed on the consumer's service pipeline a
suitable and approved double check valve installation, or a
design approved by said Department of Public Health and
installed at the expense of the consumer in a manner approved
by the Manager and in a location which is readily available to
the Water Department for periodic inspection, for the purpose of
protecting against backflow or water from the consumer's premises
into the Water System.
When a consumer receiving service at the Water System
main or service connection must by means of a pump of any kind
elevate or increase the pressure of the water received, the
pump shall not be attached to any pipe directly connected to the
main or service pipe. Such pumping or boosting of pressure
shall be dome from a sump, cistern or storage tank which may
be served but not directly connected with the Water System
distribution facilities.
Quick closing or opening valves shall not be installed on
any consumers pipes which are directly attached to the Water
System mains o r service pipes. A consumer whose operation
requires the use of a quick opening or closing valve must operate
such device from a tank, cistern, sump or other facility which
may be served by but not directly connected with the Water System
distribution mains or service pipes.
L. The City shall not be responsible for the installa-
tion or maintenance of any water lines beyond the end of its
service connection or meter.
M. The City will not be responsible for any loss or
damage caused by any negligence or unlawful act of any consumer
or any other person in installing, maintaining, supplying or
using any appliances, facilities or equipment for which water
or water service is furnished by the City. Each consumer shall
be held responsible for damage to the City's meters and other
property comprising any part of the Water System resulting from
use or operation of any appliances or facilities on such consumer's
premises, including, without limiting the generality of the
foregoing, damage caused by steam, hot water or chemicals.
N. It shall be a violation of this Ordinance for any
person to tamper with any of the property comprising the Water
System.
Section 12. Water Department; Duties of Manager
a A water Department of the City of Cupertino is hereby
created and established and shall have jurisdiction, supervision
and control of the Water System and of the construction of all
improvements, additions and extensions thereto hereafter con-
structed or acquired and shall operate a maintain the Water
System and all of said improvements, additions and extensions
thereto.
(b) Subject to the general control of the Council, the
Water Department shall be under the direct supervision of the
City Manager and shall consist of such number of employees as
are determined by the Manager to be necessary.
(c) The Water Department, under the supervisions of th e
Manager, shall supervise all connections to the Water System,
shall collect all water bills and charges and all connection and
ither fees herein provided for and shall enforce all of the
provisions of this Ordinance and shall keep an accurate accounting
and records showing the source, amount and disposition of all
funds received by the Water Department hereunder.
(d) The City shall cause to be issued and shall maintain
in good standing a surety bond conditioned upon the full and
prompt deposit 'py the Manager ~tind all other employees of the
Water Department of revenues w'_th the Fiscal Agent of the City
as provided in Section 13 hereof.
Section 13. Disposition of Re~renues and Uses to Which Revenues
Shall be Applied.
All revenues received by i;he Water Department or the City
under this Ordinance, exceptin€; all connection charges herein
provided for and all refundablE~ deposits made to establish
credit, shall be deposited wit~iin a reasonable time after
receipt thereof in a depositor~r bank of the City and said sums,
together with any interest earned thereon shall on or before
the first business day of each calendar month next succeeding
the calendar month in which such revenues shall have been
collected, be deposited by the City in the manner and for the
purposes provided and with the Fiscal Agent designated, in or
pursuant to that certain Resolution adopted by the Council on
December 21, 1959, entitled:
"Resolution
Providing for the IssuancE~ of $l, 000, 000 Principal
Amount of "City of Cupertino 1960 Water Revenue
Bonds", and of $905, 000 P~°incipal Amount of Series
A Bonds; Prescribing the ~~erms, Conditions, Date and
Form of Said Series A Bonds and of the Coupons to be
Attached Thereto and Prescribing the Maturities Thereof;
Fixing the Maximum Rate of Interest on the Bonds of
Said Issue; Authorizing tYie Execution of Sais~ Series
A Bonds and Coupons; Providing for the Security of
the Bonds of Said Issued ~:nd Appointing a Fiscal
Agent Therefor."
Section l~-. Appeals
a Any person who shall have a right to appeal as
provided in any section of thi~> Ordinance or who shall be dis-
satisfied with any determination hereafter made hereunder by
the Water Department or the Manager, may, at any time within
thirty (30) days after such determination, appeal to the Council
by giving written notice to thE~ Manager and to the City C]e rk,
setting forth the determination with which such person is dis-
satisfied. The Council may, at; any time, upon its own motion
appeal from any determination made by the Water Department or
the Manager hereunder. In the event of any such appeal, the
Manager shall transmit to the C%ouncil a report upon the matter
appealed. The Council shall c~.use notice to be given, at least
10 days prior to the time fixed for such hearing, to all persons
affected by such appeal, of thE~ time and place fixed by the
Council for hearing such appea=_. The Council shall direct the
City Clerk to mail a written notice, postage prepaid, to all
such persons whose addresses as°e known to the Council.
(b) Pending decision upon any appeal relative to the
amount of any charge hereunder, the person making such appeal
shall pay such charge. After t;he appeal is heard, the Council
shall order refunded to the pe~'son making such appeal such
amount, if any, as the Council shall determine should be refunded.
Section 1 Validity
If any provision of this Ordinance, or the application
thereof to any person or circumstances, is held invalid, no other
provision of this Ordinance sh~~.1I be affected thereby.
Section 16. Effective Date of Ordinance
This Ordinance shall be in force and effect on the 31st
day after the date of its final passage.
PASSED AND ADOPTED THIS 21st day of December, 1959, by the
following vote:
AYES: Councilman Lazaneo, Pelosi, Saich, Wilson, Nathanson
NAYS: None
ABSENT: None
Mayor of the City of Cupertino
A '~ESTc
City Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex-
officio clerk of the legislative body of said City do hereby certify
tYat the foregoing is a true and correct copy of Ordinance No. 107
on file in my office and that the same has been published pursuant
to law.
IN~WITNESS WHEREOF~.ve here~}n~ oo set my hand and City Seal this
day o f lU~~--~® llr~~,, , lg 66
City Clerk