California City Municipal Code Art. 2 Commencement of Service

(a) Each person desiring to initiate water service or change an existing water service shall execute an application form, pay required fees and deposits and meet the conditions set forth herein. Each single-family dwelling shall be served through at least one water meter of at least ¾" size and such additional meters as the property owner may request. Each unit of a duplex dwelling shall be served through at least one water meter of at least ¾" in size. Each unit of a multi-family larger than a duplex shall be served through at least one water meter of at least one inch (1") in size. The property owner may request additional meters.

(b) Each water service applicant who desires to enjoy overlying rights priority for water service shall assign the overlying rights associated with the applicant's property to the City. The City will then deliver the applicant's water as a customer of the City.

(Ord. No. 09-677, 6-16-2009)

(a) The application form shall include an agreement to abide by rules and regulations of the City and such information the Director of Public Works may reasonably request. The application shall be for service to a particular and identified property. Service is not assignable to other property.

(b) If the application is for property not previously served by the City, the applicant shall also present evidence of compliance with local ordinances implementing the Water Conservation in Landscaping Act. The application for service shall be treated as an application for concurrent review of a landscape plan.

(c) If the application is for a commercial account in the name of a corporation or partnership, the applicant shall provide a personal guarantee from an owner or principal of the applying entity, regardless of the form of organization, as follows:

"I hereby certify I am a principal/officer of the organization listed on the attached application. I accept full responsibility for all fees and charges related to water and sewer service for the organization."

(a) The rendering of service obligates the applicant to pay for service for a minimum of one (1) month.

(b) The applicant is responsible for expenditures made by the City as a result of the submission of the application, even though the applicant withdraws the application prior to completion of the installation of the service connection.

(c) If an applicant incorrectly describes the property or location where the service connection is desired, and as a result the service connection is installed at an incorrect location, the applicant shall pay expenses incurred for corrections necessitated by such error.

(d) Two (2) or more parties who join to make application for service to a commonly owned property shall be jointly and severally liable for water service, and single periodic bills shall be sent to their designee.

Service will be commenced after submittal of an application and on payment to the City of the applicable fees, charges and deposits set forth in this Article.

If the applicant's property can be served from an inactive service, the applicant shall not be required to pay connection fees. If the applicant requests a change in meter size, additional charges shall be assessed or credits allowed. If the applicant requests a sealed service be activated, the applicant shall pay outstanding connection fees and service fees for the service.

(a) If the applicant's property cannot be served from an existing service connection but can be served from an existing water main, the applicant shall pay service fees and deposits, connection fees and, if applicable, a pro rata share of the cost of the main in accordance with existing main extension refund agreements.

(b) If the applicant's property cannot be served from an existing main, the applicant shall pay connection fees; security deposits and service fees; and the cost of improvements necessary to extend service to the applicant's property provided:

(1) If the water system improvements are identified in an improvement plan for a bond issue and bond proceeds are available, the improvements shall be constructed by the City using bond funds to pay for the cost of design and construction under the uniform policies of the City for expenditure of bond funds.

(2) If the water system improvements are identified in a water system capital improvement plan, the improvements shall be constructed by the City. Water system improvements are identified in the water system capital improvement plan if the improvements are described in the plan or if the improvements are approved by the council as a substitute for the improvements described in the plan.

(c) If the applicant pays for the cost of a pipeline extension to serve the applicant's property, the applicant may enter into a main extension refund agreement.

(Ord. No. 09-674, 3-17-2009)

The City Council shall establish installation charges by resolution.

The City Council shall establish connection fees by resolution.

(a) Applicants for private fire protection service shall also pay the actual cost of installation of such service including the costs of a suitable meter device from the distribution main of the City to the applicant's property line.

(b) With the approval of the fire department, temporary service may be provided through an existing, metered fire hydrant. When a fire hydrant is not available for temporary service, a connection may be made to an existing City main at a location acceptable to the Director of Public Works. The applicant for temporary service is responsible for the payment of billings for service charges and commodity charges for water delivered through the temporary meter, and for the return of the temporary meter to the City in the same condition as existed at the time of delivery or installation. To insure such return, the customer shall, before the delivery or installation of the temporary meter, deposit with the City and amount equal to twice the current replacement cost of the temporary meter applied for, plus an amount sufficient to guarantee the payment of the estimated annual water bills, as estimated by the Director of Public Works. Such deposit will be refunded, net of any costs incurred by the City, with interest calculated from the date of deposit.

(a) An applicant for water service required to construct water system improvements shall pay costs incurred by the City for:

(1) The preliminary design of such improvements;

(2) Reviewing the plans and specifications prepared by the applicant for such improvements; and

(3) Construction or inspecting the Improvements.

(b) Before work commences, the applicant shall deposit an amount equal to the Director of Public Works' estimate of the preliminary design costs. After a preliminary review of the plans and specifications and before the plans are returned to the applicant with comments, the applicant shall deposit an amount equal to the Director of Public Works' estimate of the costs which will be incurred by the City for plan check services. Prior to construction, the applicant shall deposit an amount equal to the Director of Public Works' estimate of the costs which are to be incurred by the City for inspection.

(c) "Costs incurred by the City" include: the costs of consulting services, if any, to perform the tasks described above; 15% of the costs of consulting services to reflect administrative and overhead expenses; amounts paid by the City to employees working at an hourly rate; reasonable supervision costs; and transportation costs.

Water service shall not be provided to improved property unless the customer secures and maintains trash collection service from a person authorized by the City to collect trash. The City Manager may waive this requirement when the property is temporarily unoccupied.

The City Council shall establish miscellaneous fees by resolution.

The City Council shall establish deposits for existing services by resolution.

The City Council shall establish deposits for new service by resolution:

(a) A deposit toward connection fees, equal to the then current fees, shall be made prior to the date of final inspection of water facilities or the date the certificate of occupancy is issued, whichever occurs first. If prior to final inspection or issuance of the certificate of occupancy, the council finds the fees are for improvements or for which an account has been established and funds appropriated, or for which the City has made expenditures or has adopted a proposed construction schedule or plan, the fees shall be paid on demand. "Appropriated" means authorization by the council to make expenditures and incur obligations for specific purposes. The fees shall be deposited on a lump sum basis for each dwelling in a residential property subdivision which contains more than one dwelling when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. The applicant shall execute a deposit agreement before the issuance of a statement of service required for a building permit, if the fee is not fully deposited when the application is made or may not be fully deposited when service commences.

(b) The City shall invest, account for and expend connection fees as follows:

(1) Except for temporary investments, the fees shall be deposited in separate accounts to avoid commingling with other money.

(2) The fees shall be expended solely for the purpose for which the fee was collected.

(3) Interest earned by monies in the separate account shall be deposited in the account and expended only for the purpose for which the fee was originally collected.

(4) On or before September 1 of each year, the City shall make available to the public the beginning and ending balance in the separate account for the prior fiscal year, and the fee, interest and other income, the amount of expenditure and the amount of refunds. The council shall review this information at the next regularly scheduled public meeting not less than fifteen (15) days after the information is available.

(c) The deposit shall be paid over to the general fund when facilities are constructed or the City makes a binding commitment to construct the facilities.

(d) The council shall make findings at least once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in the separate account(s) five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this subsection shall only be made for monies in the possession of the City and need not be made with respect to instruments of credit taken to secure payment of the fee at a future date.

(e) The City shall refund to the then current record owner or owners of lots or units of the development project or projects on a pro rated basis, the unexpended or uncommitted portion of the fee and interest accrued thereon, for which a need cannot be demonstrated pursuant to this section. Provided, if the administrative costs of refunding exceed the amount to be refunded, the fees shall be allocated for some other purpose which serves the project(s) on which the fee was originally imposed. If the fees are not refunded to the record owner, the council shall conduct a duly-noticed public hearing before expending the fees for another purpose.

(f) An applicant who does not desire or is not required to make a cash deposit for connection fees, shall enter into a deposit agreement. The deposit agreement shall be recorded and constitutes a lien against the property for which service is sought.

(Ord. No. 09-674, 3-17-2009)

The City Council shall establish miscellaneous deposits by resolution.

The City Council shall establish credits by resolution.