Coalinga Municipal Code Ch. 5 Natural Gas Service

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Appliance" means and includes every residential, commercial, industrial, institutional and governmental apparatus or device which burns or uses natural gas.

"Applicant" means any person requesting natural gas service, service installation, service connection, main extensions, or any other natural gas service performed by the City, or its authorized agent.

"Base rate or fixed component" means the minimum fixed charge per billing period for natural gas service to a user as set by the City Council by resolution.

"Billing period" means the calendar accounting unit for which charges are assessed and imposed for natural gas service.

"City" means the City of Coalinga.

"City Council" means the City Council of the City of Coalinga.

"Connection" refers to the act of linking the natural gas service pipe of a house, building, or other property to the City natural gas system, and also to the physical apparatus by which such linking is accomplished.

"Construction meter" means a temporary natural gas meter attached to a City natural gas main, pipe or line at a construction site to measure natural gas usage at the site.

"Cost" means the actual cost to the City, including all labor, materials, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the cost for general administrative overhead, in accordance with the accounting policies, procedures and practices of the City.

"Customer" means a person in whose name is rendered as evidenced by the signature on the application, contract or agreement for natural gas service, or in the absence of a signed instrument, by the receipt and payment of bills for such service regularly issued in such person's name regardless of the identity of the actual user of such service.

"Developer" means a person, natural or otherwise, who divides a tract of land into lots for sale as residential property or who makes improvements to residential, commercial, office or industrial properties.

"House line" means that portion of the natural gas service pipe from the discharge side of the natural gas meter to the building or structure serviced.

"Industrial appliance" means and includes steam or explosive power generation appliances, forges, smelters, brazing tables, enameling appliances, ovens, core ovens, melting pots, steam tables, stock pots, coffee urns, dish washers, broilers, bake ovens and all appliances used in hotel or restaurant kitchens, and any and all other miscellaneous devices or appliances, burning natural gas not included in the definition of appliance in this section.

"Install" and "installation" mean to connect, adjust, set up and connect, or sell and connect any appliance, or to alter or adjust any appliance already connected.

"Main" means a natural gas pipeline located in streets, highways, public ways, thoroughfares, or private rights-of-way, and which is used to serve the natural gas utility customer.

"Meter tampering" means cutting natural gas meter locks or alteration or damage of any natural gas meter or any of its components or unauthorized connections to the City natural gas system or the use of "straight lines", "cheater pipes" or "bypass hoses" or any other means to take natural gas by bypassing the City natural gas meter or prevent natural gas from being properly metered by the City.

"Natural gas meter" means the instrument which measures and records the amount of natural gas which flows through it.

"Natural gas service" means the availability of natural gas to a building, premises or property through the natural gas facilities of the City and any natural gas supplied through such facilities.

"Natural gas system" includes all natural gas works, auxiliaries, pipes, mains, facilities, fittings, meters, meter set assemblies, valves, and all other property and equipment owned by the City of Coalinga for collection, storage, distribution and sale of natural gas and through or from which natural gas flows.

"Person" means any person, firm, association of persons or corporation, including public, private or municipal corporation.

"Premises" means all real property, buildings and appurtenances occupied by an owner, lessee, or tenant as a dwelling or as a business, commercial or industrial enterprise upon an integral parcel of land undivided by a public thoroughfare.

"Service" means the same as "natural gas service", unless the context indicates otherwise.

"Service connection" means a facility for the delivery of natural gas to a permanent location for residential, commercial, industrial, institutional or governmental use. It consists of the pipe valves, fittings, meter and all other equipment and property.

"Service line" means that portion of natural gas service pipe from the main line up to and including the discharge side of the natural gas meter.

"Straight line or cheater pipe" means any type of device installed in lieu of a natural gas meter, connecting to the City's natural gas service line to a private service line for the purpose of obtaining unmetered natural gas.

"Subdivision" is a tract of land divided by a subdivider, or any lot or lots or tract of real property on which any building is or will be built.

"Temporary service" means natural gas service for construction work or other uses as deemed feasible by the City, such that service is required for only a limited time.

"Usage charge or variable component" means the charge per therm of natural gas used by a natural gas user established by the City Council by resolution.

"User" means a person, natural or otherwise, who utilizes the natural gas system of the City for any purpose.

"Utility users tax" means a tax imposed by the general City government on a utility service user.

(§ 1, Ord. 682, eff. May 2, 2003)

All provisions of this chapter shall be deemed to be incorporated into every natural gas service agreement between the City and its natural gas service customer. Each customer shall be charged with knowledge of the provisions of this chapter and, by applying for and accepting natural gas service from the City, to have assented to the provisions of this chapter.

(§ 1, Ord. 682, eff. May 2, 2003)

The City Manager, or his or her designee, shall have the authority to issue administrative regulations and procedures necessary to effectively implement the provisions of this chapter.

(§ 1, Ord. 682, eff. May 2, 2003)

The purchase and sale of natural gas to all residential, commercial, industrial, institutional and governmental users shall be controlled by the City for the: (1) protection of the health, safety and welfare as well as to promote; (2) economies and efficiencies in the delivery of natural gas services within the corporate limits of the City of Coalinga. The City of Coalinga establishes its exclusive right to provide natural gas service to customers and users within the general service area as adopted by the City Council and may be amended from time to time by the governing body. Under that right the City hereby establishes a natural gas utility as an enterprise of the City. The City shall be the only allowed source of residential, commercial, industrial, institutional or governmental natural gas supply within the incorporated boundaries of the City. It is hereby declared to be unlawful for any person, except as provided by the City Council under a City-granted contract, permit, license or franchise to purchase, sell, transport or delivery natural gas within the City limits.

(§ 1, Ord. 682, eff. May 2, 2003)

The City Council may grant contracts, permits, franchises and licenses for the purchase, transportation, sale and delivery of natural gas within the corporate limits of the City upon such terms and conditions as the City Council may from time to time determine to be in the best interest of the City, and consistent with State and Federal law.

(§ 1, Ord. 682, eff. May 2, 2003)

Any person owning, managing or operating a business to purchase, transport, distribute, or sell natural gas within the corporate limits of Coalinga must obtain a business license from the City and is subject to the City's Business License Ordinance.

(§ 1, Ord. 682, eff. May 2, 2003)

No person except the City shall be authorized to do any of the following without a written permit, agreement, contract, license or franchise specifically authorizing the same from the City:

(a) Nonmunicipal facilities. To erect, operate or maintain or use any natural gas main, pipeline, plant, meter, system, gasworks, or natural gas distribution system or facility within the City in order to sell, transport, distribute or provide non-municipal natural gas or gas transportation to any natural gas user, transporter or consumer within the City.

(b) Interconnection. To interconnect any building, structure or facility of any kind to any natural gas pipeline, main or system of the City.

(c) Acquisition. To acquire any natural gas pipeline, main, plant, meter, system, gasworks, or gas distribution system or facility within the City in order to sell, transport, or distribute or provide nonmunicipal natural gas or provide natural gas transportation to any natural gas user, transporter, or consumer within the City.

(§ 1, Ord. 682, eff. May 2, 2003)

The Public Works Department shall have authority to operate and maintain the City of Coalinga natural gas system and furnish natural gas service to the residents of the City of Coalinga for fees set by the City Council by resolution. To accomplish these purposes, the Public Works Department is empowered to employ persons, purchase real property, acquire equipment and perform all other acts necessary or incidental to the accomplishing of the above described purposes, subject to all applicable ordinances, resolutions, rules, regulations, policies and directions of the City Manager and the City Council.

(§ 1, Ord. 682, eff. May 2, 2003)

Every person owning, occupying or managing a building, lot, premises or developed parcel shall subscribe to the natural gas service from the City whether the owner or occupant uses the natural gas services or not. All such occupants are made liable for the natural gas charges or any other charges, penalties and fines established by the City Council by resolution. Each owner or occupant shall pay at least the minimum rate established for such services.

(§ 1, Ord. 682, eff. May 2, 2003)

The City shall exercise reasonable diligence and care to furnish and deliver continuous and sufficient supply of natural gas to the user or customer, and to avoid any shortage or interruption or insufficiency of supply, or any loss or damage occasioned thereby. The City is not responsible for any loss or damage if the same is caused by unavoidable accident, act of God, fire, earthquake, strikes, riots, war or any other cause not within its control.

(§ 1, Ord. 682, eff. May 2, 2003)

The Public Works Department shall administer, enforce this chapter under the direction of the City Manager and manage the City's natural gas system pursuant to the provisions of this chapter and pursuant to the resolutions, rules, regulations and directives issued by the City Manager or adopted by the City Council prescribing their powers and duties.

(§ 1, Ord. 682, eff. May 2, 2003)

The Public Works Department shall keep the natural gas system in good repair. Any leaks, breaks, or equipment failures shall be promptly repaired. Whenever the City shall find it necessary for the purpose of making repairs or improvements to its system, it may suspend temporarily the delivery of natural gas, and notwithstanding any provision of this chapter to the contrary, at its discretion, give such reasonable notice thereof as circumstances may permit to the affected customers. The making of such repairs or improvements shall be completed as rapidly as practicable and at such times as will cause the least inconvenience to the customers or users.

(§ 1, Ord. 682, eff. May 2, 2003)

All new buildings or structures located within or outside the corporate City limits, and any additions, modifications, alterations or repairs of existing buildings that use the natural gas facilities of the City shall comply with the requirements of the Coalinga Building Code as amended, including the securing of all permits and inspections required by the Coalinga Building Code.

(§ 1, Ord. 682, eff. May 2, 2003)

All new construction or reconstruction of all natural gas service or distribution services shall be by permit issued by the City of Coalinga and shall conform to City construction standards as adopted by the Public Works Department, City Manager or City Council.

(§ 1, Ord. 682, eff. May 2, 2003)

The Public Works Department shall cause to be connected with the City's natural gas system the service line of any property abutting on a City natural gas main after the property owner or his or her agent complies with all of the following provisions of this section:

(a) Natural gas service agreement. The property occupant, owner or his or her agent, fills out, signs and files with the City Finance Department a natural gas service agreement approved by the City Manager and the City Attorney. Application for service does not in itself bind the City to serve the applicant, except under reasonable conditions, and in accordance with this chapter and applicable rates as adopted by the City Council by resolution.

(b) Service line. The property owner or his or her agents shall install a natural gas service line to the property location designated by the City Public Works Department that meets the following requirements:

(1) The natural gas service line is of a material, size and quality approved by the Public Works Department and is in accordance with applicable City construction standards and industry engineering standards.

(2) The natural gas service line, when used, be buried at a location, depth and grade approved by the Public Works Department. Excavations for installing service line pipes and facilities or repairing the same shall be made in compliance with City ordinances and administrative policies and procedures established by the Building Inspector, Public Works Department or City Manager relating to making excavations in streets.

(3) The natural gas service line does not cross property owned by a person other than the property owner who applied for the connection, unless written permission is obtained from the Public Works Department.

(4) The natural gas service line, when connected, will supply natural gas to no more than one (1) property, building, or premises except that where written permission is obtained from the Public Works Department. Connection to such a natural gas service line may be added, if the property owner applying for the connection is the owner of all buildings located to such service line. For the purposes of payment of fees under these ordinances, however, each building which shall receive natural gas service through a common service line shall be deemed to receive said natural gas service through a separate service line for the payment of charges set forth in subsection (f).

(c) House line. The property owner or his or her agents shall install a natural gas house line from the discharge side of the meter to the property location designated by the City Public Works Department that meets the following requirements:

(1) The natural gas house line is of a material, size and quality approved by the Public Works Department and is in accordance with applicable City construction standards and industry engineering standards.

(2) The natural gas house line, when used, be buried at a location, depth and grade approved by the Public Works Department. Excavations for installing house line pipes and facilities or repairing the same shall be made in compliance with City ordinances and administrative policies and procedures established by the Building Inspector, Public Works Department or City Manager relating to making excavations in streets.

(3) The natural gas house line does not cross property owned by a person other than the property owner who applied for the connection, unless written permission is obtained from the Public Works Department.

(4) The natural gas house line, when connected, will supply natural gas to no more than one (1) property, building, or premises except that where written permission is obtained from the Public Works Department. Connection to such a natural gas house line may be added, if the property owner applying for the connection is the owner of all buildings located to such house line. For the purposes of payment of fees under these ordinances, however, each building which shall receive natural gas service through a common house line shall be deemed to receive said natural gas service through a separate house line for the payment of charges set forth in subsection (f).

(d) Appliances. The natural gas domestic and industrial appliances owned by the user or customer comply with Federal, State and City ordinances, rules and regulations.

(e) Illegal use of natural gas. The natural gas provided through the connection will not be used for the purpose of driving any motor, siphon, turbine, or other wheel, or any hydraulic engine, or elevator, or for driving or propelling machinery of any kind whatsoever, or for any other purpose that the City has not approved in writing.

(f) Inspection. The natural gas service line and house line to the building to be connected has been inspected by an authorized officer of the City and found to conform to these ordinances and to the provisions of the Coalinga Building Code. The natural gas service line, house line and all other underground natural gas lines or connections shall be open and visible to the inspector at the time of the inspection.

(g) Charges current. The user requesting natural gas connection has no unpaid delinquent natural gas or other utility charges assessed against him or her by the City of Coalinga for any location within the City's utility services boundary.

(h) Fees due at connection. The user shall pay at the time he files his application for connection all of the following applicable fees:

(1) The connection charge specified by the City Council by resolution.

(2) Natural gas impact fees adopted by the City Council by resolution.

(3) Any other fees adopted by the City Council by resolution or included in any development agreement approved by the City Manager or City Council.

(§ 1, Ord. 682, eff. May 2, 2003)

Any person who takes possession of a building, property or premises where the natural gas supply has been shut off by the City, and uses natural gas without making proper application for natural gas service, shall be responsible for all charges for the natural gas service. When a person takes possession of any premises and finds the natural gas supply, he or she shall notify the City of such findings and make application for natural gas service within three (3) working days of his occupancy of the premises. If the person fails to notify the City he or she will be held liable for all charges for natural gas services rendered. In either event, the amount of such charges shall be determined by the City, either by meter readings or on the basis of the estimated consumption for the time, the natural gas was used. In the event the consumer, user or other person turns on the gas supply by opening the meter stop or a sealed valve, that person shall be held liable for all charges which result from the City's efforts to stop unauthorized use of natural gas. If the premise served are occupied, the owner of the property shall be billed for the natural gas used without application, and held responsible for payment of the bill, unless it appears a person other than the owner used the natural gas, in which case the user shall be billed. If the owner is unable to identify the user, it shall be presumed that the owner was the user. When the City finds that natural gas is being used without proper application for service or service connection, the service may be discontinued, or disconnected, without notice.

(§ 1, Ord. 682, eff. May 2, 2003)

Natural gas meters will be read as nearly as possible at regular intervals and billing rendered accordingly. For the purpose of determining charges for natural gas consumption, all meters upon the owner's, customer's and user's premises shall be considered separately, and the readings thereof shall not be combined. Owners, customers and users of City natural gas shall provide unimpeded access to the natural gas meter and meter set assembly, and will keep a three-foot area around the meter and meter set assembly free from shrubs, boxes, construction materials, household personal property and all other obstructions. In addition, no rags, clothes, garden hoses or other items will be hung or placed on top of the natural gas meters, meter set assemblies or related apparatus.

(§ 1, Ord. 682, eff. May 2, 2003)

The Public Works Department shall have the authority to establish rules, regulations, and specifications regarding new meter sets, meter assembly sets and meter vaults. Installation of new meters, new meter sets and construction of meter vaults shall be at the expense of the contractor, user or customer. Approval by the Public Works Department shall be required before the natural gas meter set assembly is installed, the meter set and service begins.

(§ 1, Ord. 682, eff. May 2, 2003)

In addition to the immediately preceding section, the following provisions shall apply to anyone seeking to connect to the City natural gas system where said system does not extend to such property:

(a) Agreement. Whenever a developer desires or is required to install natural gas connections and extensions for a subdivision or other development, the developer shall enter into a written extension agreement with the City which shall constitute an application for permission to make said extensions and connections shall be made and the payments that shall be required.

(b) Public highways, streets and alleys. The City shall, except in very unusual cases, extend its gas mains only in the public rights-of-way of public highways, streets, and alleys. Such mains shall be installed along the most direct and practical route from the last point of service, or from any other point of service selected by the City, on the nearest existing main in a public street to a point directly opposite the meter locations satisfactory to the City to serve the applicants. For the purpose of these rules, the last point of serve shall be considered as the nearest existing main in a public street. Gas mains shall be installed upon private property only in the most unusual cases and if the terms and provisions of the right of way agreement and the cost of the right-of-way are satisfactory to the City. The City shall install natural gas main extensions only according to its standards and specifications.

(b) Dedication. Any extension of the City natural gas system granted in accordance with the provisions of the immediately preceding paragraph including all easements necessary to accommodate its installation and maintenance, shall upon completion and acceptance become the property of the City of Coalinga.

(c) Service outside City limits. The City of Coalinga may enter into an agreement to furnish natural gas service from its natural gas system to persons outside the City in accordance with the provisions of this section, the terms and conditions of any assessment district or in accordance with City Council policies or action. In addition, any person or persons located outside the City limits that desires to be supplied with natural service from the City natural gas system must be willing to: (1) pay in advance the whole expense of extending the natural gas system to his or her property; and (2) be annexed to the City.

(1) If, at the time of the initial request for annexation is submitted, the area upon which the facility is located is not contiguous with the City limits or otherwise not legally available for annexation, the owner of the property shall enter into a contract with the City to be approved by the City Council, which contract shall provide that the property owner shall not withdraw the written request for annexation, that the written request for annexation shall be kept in full force and effect until such time as the area becomes legally available for annexation. If the annexation request is withdrawn the facility shall be disconnected from City natural gas. The contract shall run with the land and will be filed at the County Recorder's Office.

(2) In addition to the natural gas requirements set forth in this section, any agreement shall contain a certified acknowledgement that the petitioner understands that the City in granting the petition need only supply such natural gas to the petitioner which from time to time shall be deemed by the City Council to be beyond the requirements of natural gas use within the City limits and the provision of natural gas service may be curtailed or terminated by the City at any time for any reason. If the City Council grants the petition or any portion thereof, the petitioner and the City of Coalinga shall enter into a written natural gas system extension agreement, which agreement shall be executed prior to the commencement of any work upon said natural gas extension.

(3) If the property is acquired by a new owner, the new owner shall, within ninety (90) days of acquiring the property, submit a written request for the annexation of the area to the City and execute a contract as specified in this section to be approved by the City Council. If no such request or contract is received within the time specified, the property shall be disconnected from City natural gas service.

(§ 1, Ord. 682, eff. May 2, 2003)

Any natural gas main or service line installed by the City in any public street, and mains and service lines installed on private property by virtue of easements or rights-of-way, shall be deemed public property and the City shall have the right to repair or connect the same in order to run services or extensions, even though the original main or service line had been installed at the expense of the property owner or consumer at whose request the original main or service was installed.

(§ 1, Ord. 682, eff. May 2, 2003)

The replacement of a previously used service line shall be deemed a connection and the provision of Sections 6-5.10, 6-5.11, 6-5.12 and 6-5.13 herein, shall apply to said replacement.

(§ 1, Ord. 682, eff. May 2, 2003)

In connecting to a natural gas main, the Public Works Department shall install or cause to be installed a service line of suitable quality under the street and a natural gas meter, meter set assembly, and property stop at a location determined by the Public Works Department. Said connection pipe, meter, meter set assembly and property stop shall be the property of the City, which retains the sole right to maintain, repair and service said facilities.

(§ 1, Ord. 682, eff. May 2, 2003)

It shall be unlawful for any person, to open, alter, repair or connect to any existing natural gas main or service line without it first having received a permit from the Public Works Department or other authorized City department. No permit authorizing such alternation, repair, connection or opening shall be issued if said alteration or connection results in natural gas service to a building to which such service was not previously furnished, unless such building is owned by the owner of all other buildings connected to said service line. Any connection from an existing service line to a building to which natural gas service was not furnished before the connection is made shall need to be a new, original service line connection and the property owner shall pay the fees set by resolution of the City Council before receiving the permit referred to above.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Prohibited. It shall be unlawful for any person by himself directly or indirectly through family, servants or agents to connect to, disconnect, repair or alter the City natural gas system or any part thereof, including but not limited to any natural gas main, service line, meter, meter set assembly except as herein provided, or, to open any property stop, valve, or other fixtures attached to the system of natural gas supply unless it is done pursuant to a City-approved application, agreement or resolution.

(b) Licensed utility contractor. A licensed utility contractor approved by the City or a licensed utility contractor under contract with the City may tap a City natural gas line or natural gas main in accordance with the following:

(1) The utility contractor shall be responsible for any damage to the natural gas main, service line, houseline meter or meter set assembly where the tap is being made. All repairs to the natural gas main, service line, meter and meter set assembly where damage has occurred shall be made by an authorized employee of the Public Works Department or authorized licensed utility contractor. The utility contractor shall be responsible for the cost of the tap to an existing natural gas main or service line, meter or meter set assembly.

(2) The licensed utility contractor shall be responsible for any repairs to the tap or service line extension due to any defects of materials or workmanship for one (1) year after the tap has been completed.

(3) Cost of reinstallation or remedial work made necessary by unauthorized additions, modifications or removals shall be paid for by the natural gas customer.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Inspection and adjustment. Natural gas meters and meter set assemblies may be checked, inspected or adjusted at the discretion of the City, and they shall not be adjusted or tampered with in any manner or removed by the user, customer or any other person.

(b) Opening boxes and tampering with meters and meter set assemblies. Natural gas meter boxes, meters and meter set assemblies shall not be opened or tampered with for the purpose of turning on or off the natural gas except by an authorized representative of the City unless special permission is given by the Public Works Department, except in an emergency.

(c) Meter interference. No person shall: (1) prevent natural gas from passing through any meter connected directly or indirectly with the public natural gas mains; (2) prevent any meter from accurately registering the amount of natural gas passing through such meter; or (3) prevent or obstruct a natural gas meter from accurately registering the quantity of natural gas supplied, or in any way interfere with the purpose, action or just registration of a meter.

(d) Responsibility to prevent. A user or customer shall prevent any damage to the natural gas meter or meter set assembly used by such user and shall pay the cost of repairing any damage to the natural gas meter or meter set assembly other than normal wear and tear. Any amounts due by reason of this subsection may be added to a user's bill for natural gas service, and any amount received from such user thereafter shall be applied first against the amount due pursuant to this subsection and thereafter to any other amount(s) due from such user for other purposes.

(§ 1, Ord. 682, eff. May 2, 2003)

It shall be unlawful to misrepresent a material fact in applying for a natural gas connection or in a natural gas service agreement. Material facts shall include the identity of the applicant, user and the owner of the property to be connected, as well as the purpose for which the natural gas service provided will be used.

(§ 1, Ord. 682, eff. May 2, 2003)

Any user desiring to discontinue natural gas service shall notify the Finance Department. Any credit balance in favor of the user, as a result of a deposit or advance payment, shall be refunded promptly after receipt of the notice of discontinuance, except that an amount to be set by the City Council by resolution shall be retained by the Finance Department as a fee for turning off natural gas service.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Natural gas fees. The City Council shall by resolution set the amount of the following:

(1) Base rate or fixed component service charges.

(2) Usage charge or variable component charges per therm used.

(3) Service charges other than the base rate.

(4) Late fees.

(5) Return check fees.

(6) Development natural gas impact fees.

(7) Natural gas connection fees.

(8) Reconnection fees during regular business hours after natural gas shut off.

(9) Reconnection fees after regular business hours after natural gas shut off.

(10) Fee for natural gas used by contractors in new construction.

(11) Meter tampering fee.

(12) Missed appointment fee after second missed appointment.

(13) Fee for unauthorized natural gas connections and use of City natural gas by the use of "cheater pipes", "straight lines" "hoses" or other means.

(b) Other fees and charges. The City Council may also establish by resolution such depreciation, reserve, contingency and replacement funds as may be necessary and appropriate for the efficient and reasonable operation of the natural gas utility enterprise. The fees, costs, charges and rates may be amended from time to time by resolution of the City Council.

(c) Natural gas billing duration. The City Manager or his or her designee shall determine the duration of the billing period and may change the duration of the billing period from time to time.

(§ 1, Ord. 682, eff. May 2, 2003)

Any payments received by the City for the payment of utility bills shall be applied to the outstanding balances of services charges in the following order: (1) street light assessments; (2) street sweeping service charges; (3) garbage service charges; (4) sewer service charges; (5) natural gas service charges; and (6) water service charges.

(§ 1, Ord. 682, eff. May 2, 2003)

If payment is not received within the billing period in which the charge is made, the Finance Department may charge a late fee as determined by resolution of the City Council. A dishonored check shall not be considered payment received.

(§ 1, Ord. 682, eff. May 2, 2003)

Natural gas service may be discontinued or refused to any premises at which the customer may be receiving natural gas for any of the following named causes under the regulations as follows:

(a) Nonpayment of bills. Nonpayment of a bill at the current building, property and premises or other building, property or premises currently or previously owned or occupied by the applicant, user or customer.

(b) Unsafe service, appliances or apparatus. If any part of a user's or customer's service, appliances or apparatus shall at any time be deemed unsafe, or if the use of natural gas by means thereof shall be prohibited or forbidden under the authority of any law, ordinance or regulation, or until the customer shall restore such part of the service, appliances or apparatus in good and safe condition and comply with all laws, ordinances and regulations applicable thereto. The City does not assume the duty of inspecting the users or customer's services, appliances or apparatus or any part thereof, and assumes no liability therefore. In the event that the customer finds the natural gas service or connections to be defective, he or she shall immediately notify the City.

(c) Noncompliance with City natural gas regulations. If the user or customer shall fail to comply with any of the provisions pertinent to natural gas meter location, piping, fixtures and appliances within five (5) days after notice. The notice may be dispensed with in the event of a dangerous condition on the customer's premises, or in case a customer is using the service in such a manner as to be dangerous for occupants of the premises, this requiring immediate discontinuance of service.

(d) Abuse and fraud. If the customer has received natural gas service at any building, property or premises supplied by the City during the service period for which the bill is delinquent, or has made application by using any name or alias other than his true name, or otherwise has given false information in obtaining service for himself or another, and the bill for such service is delinquent.

(§ 1, Ord. 682, eff. May 2, 2003)

If a service charge remains unpaid for one (1) complete billing period, the Finance Department shall notify in writing by mail the occupant of the premises that the natural gas service will be discontinued if payment is not made within ten (10) calendar days after the date on the notice. A shut-off notice processing fee as determined by resolution of the City Council shall be charged at the time that the notice is sent.

(§ 1, Ord. 682, eff. May 2, 2003, as amended by § 1, Ord. 690, eff. March 27, 2004)

In addition to the ten-day termination notice, a final twenty-four-hour termination notice shall be given to the property owner if a natural gas service charge remains unpaid. No service shall be disconnected on a Friday or the day before a holiday. However, not withstanding the foregoing provisions of this section, Finance Department authorized personnel under the direction of the City Manager may, at their discretion, agree to forbear discontinuance of natural gas service for a limited period of time and by special, written agreement with the natural gas user in arrears. Failure of the natural gas recipient to keep future charges current and fulfill all the terms of the agreement may make the agreement null and void and make all charges in arrears due immediately. Failure to pay immediately all charges in arrears will result in discontinuance of natural gas service.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Prohibited. It shall be unlawful to provide oneself or others with (or make use of) natural gas service from the City natural gas system without authorization from the City. When natural gas service has been discontinued by the Public Works Department for nonpayment of natural gas charges, noncompliance with these ordinances, or for any other reason, it shall be unlawful to restore natural gas service or receive natural gas service by any means without authorization by the City. The presence at any time on or about any meter, natural gas line or natural gas main of the City (whether such meter is owned or operated by the City or others) of a pipe or any other device which diverts natural gas or results in taking of any natural gas except through an authorized meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the premises (where such a device or pipe is located) of the knowledge of the existence thereof. The knowledge of such existence by the person who would benefit by the failure of the natural gas to be accurately metered, and shall further constitute prima facie evidence of intention on the part of such person to violate this section.

(b) Meter removal. If natural gas service has been discontinued by the Public Works Department due to nonpayment or for any other reason, and the property owner, user or customer turns the service back on or otherwise restores service without approval, the Public Works Department may remove the meter and plug the service.

(c) Unauthorized natural gas use charges. In addition to any criminal penalties, the City may assess charges and fees established by resolution for meter tampering, meter removal or unauthorized use of the City natural gas service. Such charges may be collected as provided by this chapter.

(§ 1, Ord. 682, eff. May 2, 2003)

The City Manager is hereby authorized to hear appeals regarding natural gas service and make any corrections of any assessments or charges that he believes is just and appropriate under the circumstances.

(§ 1, Ord. 682, eff. May 2, 2003)

The Finance Director, Public Works Director, City Manager or their designees are hereby authorized and empowered to enforce the payment of all delinquent natural gas charges whether for natural gas connection or for natural gas service, by any action at law in the corporate name of the City if the amount paid in advance or in deposit, if any, by the defaulting natural gas customer or user is not sufficient to fully extinguish the liability of said user to the City for the natural gas connection or natural gas service.

(§ 1, Ord. 682, eff. May 2, 2003)

All property owners, or their agents and tenants, shall be held responsible as consumers for loss of natural gas due to leakage in the pipe or plumbing beyond the discharge side of the natural gas meter or on the property. If lost natural gas is not paid in accordance with the provisions of this chapter and in accordance with rates established by resolution by the City Council, the natural gas service may be discontinued until all amounts due are paid. Natural gas service will not be restored until all leaks have been repaired to the satisfaction of the Public Works Department.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Natural gas metering required. All natural gas delivered by the City to its customers shall be metered through natural gas meters owned by the City. However, the Public Works Department may authorize unmetered natural gas use for temporary special purposes, and enter into agreements for the assessment of charges thereof.

(b) Meters to be approved by City. The size, type, model and right to own and control all meters installed or used by consumers of its natural gas shall be determined by the Public Works Department.

(c) Meter installation and location. All natural gas meters, meter set assemblies and related apparatus shall be installed by the City and the owner of the property or premises shall provide a suitable and accessible location for the same in accordance with applicable State and City building codes. Meters and meter set assemblies shall be accessible at all times to properly authorized City employees or representatives of the City. No customer, user or owner shall construct any building, building addition, room or other obstruction over or around an existing meter location, or service line, or otherwise impair the accessibility at some later date, without first obtaining the approval of the City. If a compartment is provided for housing the natural gas meter, meter set assembly or related apparatus thereof, it shall be used and occupied only and exclusively by and for such equipment.

(d) Multiple meter installation and location. In all buildings or locations where separate meters are required for purposes of individual gas accounting or in cases where separate meters are installed to better facilitate the operation of customers' or users' appliances, all meters shall be located at a central accessible point, or as prescribed by the City. All natural gas house line inlets shall be properly identified, as prescribed by the City. No additional meter or meters set assemblies shall be installed at any location with an existing meter or meter set assembly where an existing meter or meter set assembly is installed contrary to the provision of this chapter or rules, regulations, policies or procedures established by the City Council, City Manager or Public Works Department. The individual natural gas house lines connected to the outlet of the meters in all locations where two (2) or more meters are installed to service different customers in the same building or groups of buildings shall not be so tied together or interconnected in such manner as to permit or cause a back pressure on any of the other meters that are installed to service other customers on the same property.

(e) Property of the City. All natural gas mains, service lines, pipes, meters, meter set assemblies and related apparatus installed by the City, upon or across any property or premises, for the purpose of delivering natural gas to consumers, shall remain the property of the City, and may be repaired, replaced or removed by the City at any time.

(f) Meter testing. If a customer or user submits a written request for a test of his or her natural gas meter, the Public Works Department may, if the circumstances deem it advisable, order a test of the meter measuring the natural gas delivered to such user. If such request to test the meter is made within twelve months after the date of the last previous test, the user will be required to pay the costs of such test if the meter is found in such test to record from ninety-seven (97) percent to one hundred three (103) percent of accuracy under testing methods satisfactory to the Public Works Department. In the event that the meter is found to be recording less than ninety-seven (97) percent or more than one hundred three (103) percent of accuracy, the City shall make such adjustments in the user's bill as are just and fair under the circumstances.

(g) Stopped meters. If meters fail to register at any time, the natural gas delivered during this period shall be estimated on the basis of previous historical consumption. If the user has no previous consumption then a reasonable estimate may be made by the Finance Department and Public Works Department based on historical information maintained by the City.

(h) Construction meters. Construction meters are to be installed or moved by the contractor under the supervision of City personnel. A deposit may be required for construction meters owned by the City and will be forfeited if the meter is lost, damaged or stolen. Meter readings are to be reported by the user to the Public Works Department or Finance Department as often as determined by the City. Failure to provide a meter reading will cause the Public Works Department to estimate usage and bill accordingly. A minimum charge will be assessed if no usage is recorded on the meter.

(i) Loaned meters. No person shall refuse to deliver any natural gas meter or other appliance loaned to him by the Public Works Department for the purpose of furnishing natural gas through the meter and registering the quantity thereof.

(§ 1, Ord. 682, eff. May 2, 2003)

The City reserves the right to temporarily discontinue and to reconnect natural gas service without notice to all users for the purpose of making repairs, connections, extensions and cleaning of mains, service lines, machinery, or any other appurtenances to the natural gas supply and distribution system. All users having natural gas-consuming devices which may become damaged due to interruption of natural gas service, and which are supplied directly with City natural gas, do so at their own risk. The City shall not be liable for any damage that may occur on account of the natural gas being cut off for any purpose. The City further shall not be liable for any damage to house lines, plumbing, pipes, appliances or fixtures on premises caused by pressure from the City natural gas system.

(§ 1, Ord. 682, eff. May 2, 2003)

It shall be the responsibility of the owner of the property to make all repairs and replacements of house lines from the discharge side of the natural gas meter to the structure. A City permit is required for the replacement of a house line.

(§ 1, Ord. 682, eff. May 2, 2003)

Free access and the right of ingress and egress at ordinary hours shall be granted to City employees to any place supplied with natural gas service from the municipal system for the purpose of examining the apparatus, the amounts of natural gas used, the manner of its use, and to make any and all necessary adjustments to said system. Any person who willfully and unlawfully prevents or causes to prevent the City from exercising its free access rights and rights of ingress and egress from the customer's premises, as set forth above, shall be guilty of a misdemeanor.

(§ 1, Ord. 682, eff. May 2, 2003)

The natural gas user shall bear all risk and expense and shall be responsible to install and keep in good and safe condition, all piping, appliances and equipment required beyond the City's natural gas meter for receiving natural gas from the City and for using natural gas including all necessary protective appliances. The City shall not be responsible for any loss or damage occasioned or caused by negligence, want of proper care, or wrongful act of the user or user's agents, employees, or licensees on the part of the user installing, maintaining, using operating, or interfering with any such regulators, service pipes, mains, appliances, fixtures or apparatus.

(§ 1, Ord. 682, eff. May 2, 2003)

No person shall:

(a) Defective or inefficient appliances. Install, or sell and install, for the use in any building any defective appliance or any appliance that is incapable of efficient natural gas service or that is in any manner dangerous to health, life or property.

(b) Natural gas capacity. Connect any appliance to any natural gas supply outlet having a less capacity than the inlet of the appliance.

(c) Natural gas pressure. Install and leave for use any appliance until the natural gas pressure is at least equal to four and one-half (4½) inches water column and the appliance is properly adjusted for efficient service of the appliance.

(d) Air access. Install and leave for use any appliance without providing access for air to all its burners and air mixers sufficient for complete combustion and efficient service.

(e) Safety and efficiency. Install and leave for use any appliance without adjusting the same so that it will be safe and will effect the most efficient use of the natural gas.

(f) Inflammable material protection. Install and leave for use any appliance without permanently protecting all adjacent woodwork, or other inflammable materials, when the woodwork or inflammable material is subject to direct, reflected, or radiated heat exceeding one hundred forty (140) degrees Fahrenheit; and the protection shall be of such material and construction as will effectively prevent fire, and of such durability as to last during the life of the appliance.

(§ 1, Ord. 682, eff. May 2, 2003)

The City shall not furnish service to gas apparatus or appliances, the operation of which will be detrimental to the natural gas service being furnished to users in the immediate vicinity or supplied from the same distribution system. The City shall refuse to continue furnishing natural gas to any user who uses an air blast apparatus without a check valve to prevent the possible return of air to the main, or who uses burners containing devices which may put a vacuum on the meter or natural gas system, or who uses natural gas at an unreasonable high rate during peak hours, or who, after being notified to discontinue the use of natural gas, shall continue to use the same.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Permanent abandonment. All natural gas mains, service lines and house lines which are permanently abandoned shall be securely capped or plugged at a location designated by the City Public Works Department.

(b) Temporary abandonment. All natural gas mains, service lines and house lines which will be abandoned temporarily shall be cut and plugged at the property line leaving the meter and the meter set assembly intact.

(c) Inspection. Any natural gas main, service line or house line temporarily abandoned for more than two (2) years must be inspected by the Public Works Department before that pipe can be placed into operation. If the main, service line or house line does not conform to minimum standards, the pipe shall not be used and shall be abandoned permanently by the owner.

(§ 1, Ord. 682, eff. May 2, 2003)

In time of natural gas scarcity, whenever it shall in the judgment of the City Council be necessary, by resolution, to limit the use of natural gas, it shall be unlawful for any person by himself, family, servants or agents to violate any resolution made by the City Council pursuant to this section. If any violation shall occur, then in addition to any other penalty, the natural gas service to the premises upon which such violation occurs may be shut off. If shut off for this reason, it shall not be turned on again until the payment of an amount set by the City Council for each violation of the said resolution is received.

(§ 1, Ord. 682, eff. May 2, 2003)

(a) Prohibited. It shall be unlawful for any person to destroy, deface, damage, injure, tamper or interfere with the operation of any part, main, line, pipe, fixture, appliance, appurtenance or property of the City of Coalinga natural gas system, or shall place or cause to be placed, or induced into the City of Coalinga natural gas system or any source of natural gas supplying said system, any substance dangerous or poisonous to human life or harmful to human health or detrimentally affecting the characteristic of the natural gas.

(b) Trespassing upon natural gas works. It shall be unlawful to trespass inside the fenced enclosure of any City-owned natural gas or Public Works Department facility or in any other manner to interfere with or prevent the operation of such systems and the natural gas supply therefore, or any portion thereof.

(c) Restitution. All damages or injury to the natural gas mains, lines, meters, meter set assemblies or other materials of the City on or near an owner's, customer's or user's premises caused by any act, omission or neglect of the customer, user or their agents shall, in the discretion of the City, be repaired by or at the expense of the owner, customer or user. The owner, customer or user shall pay all costs and expenses, including reasonable labor costs, supply costs, administrative costs and attorney's fees, which may arise or accrue to the City through its efforts to repair or recover expenses for the repair of the damage to the natural gas mains, lines, meters, meter set assemblies or other equipment of the City natural gas system or Public Works Department.

(§ 1, Ord. 682, eff. May 2, 2003)

The Public Works Department may permit use of natural gas by contractors of public work, or by public utilities that are engaged in work on public streets, subject to the conditions of this chapter. A charge shall be paid in advance for use of natural gas which shall be set by the City Council by resolution.

(§ 1, Ord. 682, eff. May 2, 2003)

Temporary service, as herein considered, refers to service to circuses, bazaars, fairs, temporary restaurants, construction works and enterprises of a temporary nature. The City may, at its option furnish temporary service under the following conditions:

(a) Installation and removal. The applicant for such temporary service shall pay to the City, in advance or otherwise as the City may elect, the cost of installing and removing any facilities necessary in the connection with the furnishing of such service by the City.

(b) Deposit. Each applicant for temporary service shall deposit with the City a sum of money equal to the estimated amount of the bill for such service, or to otherwise secure, in a manner satisfactory to the City, the payment of any bills which may accrue by reason of such service so furnished or supplied.

(c) Charges. Nothing herein shall be construed as limiting or in any way affecting the right of the City to collect from the user or customer any other additional sum of money which may become due and payable from the user or customer by reason of temporary service furnished, or to be furnished.

(§ 1, Ord. 682, eff. May 2, 2003)