Gridley Municipal Code Ch. 13.12 Water System

A. The city users of the water system and property owners have borne the costs for the existing water system in the city which includes tanks, wells, pump houses, pumps and mains and other related maintenance materials and equipment. New connections by owners of property or proposed users of the water system will involve use of the capacity of these existing water facilities which were paid for, or have been constructed for, and are owned by the city.

B. Therefore, a water system capacity fee must be paid to the city for any connection to the city water system, which will result in an increase in water volume or flows. The amount of the water system capacity fee shall be as specified in Section 13.12.055. These fees shall also be reflected in the Master Fee Schedule separately adopted by resolution of the city council.

C. The fees collected are to be placed in a fund to be used for capital improvements to the water system. The current fund and account to which this fee will be applied is 640-3641. The fund balance of this fund will be reserved for capital improvement projects.

D. After the initial rate modification, effective June 1, 2004, the capacity fee will be evaluated annually. Any cumulative increase in the Engineering News Record’s Construction Cost Index (CCI) from the CCI used for the existing fee amount resulting in a rate change of at least $25 shall be presented to the city council in a public hearing by the first regular council meeting in March of each year for review and possible adjustment by ordinance. Any adjustment shall be further reflected in the Master Fee Schedule as adopted by resolution of the city council effective April 1 of that year. The minimum fee change shall be $25 reflecting the cumulative CCI change from the CCI used for the currently published fee.

E. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 539 (part), 1988; Ord. 727, 2004).

A. Each property which is provided with water will be served by a public street, an alley, or easement which is adjacent to the property served. Initial construction costs of the water main must be borne by the property owners to be served.

B. A water distribution fee must be paid to the city by persons desiring to connect directly to existing water mains, which were installed without direct or indirect cost to the connecting property. The water distribution fee shall be as specified in Section 13.12.055. These fees shall also be reflected in the Master Fee Schedule separately adopted by resolution of the city council.

C. Persons installing distribution water main infrastructure in order to connect to existing distribution water mains or having such infrastructure installed by the city or by city contract shall pay the full cost of such installation. If the property developer does installation, the installation shall be in lieu of payment of the then current water distribution fee. If installation is done by the city or by city contract, the property developer shall reimburse the city for costs incurred for such installation, in lieu of payment of the then current water distribution fee.

D. The water distribution fees are to be placed in the water operating fund to offset expenses incurred in water line construction or extension costs. The current fund and account to which this fee will be applied is 630-3641.

E. After the initial rate modification, effective June 1, 2004, the capacity fee will be evaluated annually. Any cumulative increase in the Engineering News Record’s Construction Cost Index (CCI) from the CCI used for the existing fee amount resulting in a rate change of at least $25 shall be presented to the city council in a public hearing by the first regular council meeting in March of each year for review and possible adjustment by ordinance. Any adjustment shall be further reflected in the Master Fee Schedule as adopted by resolution of the city council effective April 1 of that year. The minimum fee change shall be $25 reflecting the cumulative CCI change from the CCI used for the currently published fee.

F. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 539 (part), 1988; Ord. 727, 2004).

A. Each property which is provided with water will be served by a water service which extends from the distribution system to a water meter at the property or easement line. Initial construction costs of the water service and meter installation must be borne by the property to be served.

B. A water distribution fee must be paid to the city by persons desiring to connect directly to existing water mains, which were installed without direct or indirect cost to the connecting property. The water distribution fee shall be as specified in Section 13.12.055. These fees shall also be reflected in the Master Fee Schedule separately adopted by resolution of the city council.

C. Persons installing distribution water main infrastructure in order to connect to existing distribution water mains or having such infrastructure installed by the city or by city contract shall pay the full cost of such installation. If the property developer does installation, the installation shall be in lieu of payment of the then current water distribution fee. If installation is done by the city or by city contract, the property developer shall reimburse the city for costs incurred for such installation, in lieu of payment of the then current water distribution fee.

D. The water distribution fees are to be placed in the water operating fund to offset expenses incurred in water line construction or extension costs. The current fund and account to which this fee will be applied is 630-3641.

E. After the initial rate modification, effective June 1, 2004, the capacity fee will be evaluated annually. Any cumulative increase in the Engineering News Record’s Construction Cost Index (CCI) from the CCI used for the existing fee amount resulting in a rate change of at least $25 shall be presented to the city council in a public hearing by the first regular council meeting in March of each year for review and possible adjustment by ordinance. Any adjustment shall be further reflected in the Master Fee Schedule as adopted by resolution of the city council effective April 1 of that year. The minimum fee change shall be $25 reflecting the cumulative CCI change from the CCI used for the currently published fee.

F. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 539 (part), 1988; Ord. 727, 2004).

Work performed by others on the city water system must be performed in accordance with the Gridley Public Works Construction Standards, and shall be performed only after a permit is obtained from the city. The city will inspect the work performed. A water permit fee shall be charged as designated in the uniform building codes and deposited into an inspection fund.

(Ord. 539 (part), 1988).

A. All users of city water shall pay a monthly service charge to offset the operation and maintenance expenses of the water system. The water service charges shall be as follows:

(Ord. 780 (part), 2008; Ord. 759 (part), 2006; Ord. 742 (part), 2005; Ord. 725, 2004; Ord. 717, 2003; Ord. 711-2002; Ord. 706-2001; Ord. 697, 2000).

B. City Council will continue to review water fees each year by March 1st to evaluate a potential adjustment in accordance with the annual increase in the Engineering News Record Construction Cost Index in order to keep pace with inflation.

(Ord 675, 1998; Ord 667, 1997; Ord 628, 1994).

C. The meter charge shall be charged to all water customers regardless of gallons used. The usage charge is based solely on number of gallons used as determined by the monthly water meter reading. Those properties not having a water meter, which are presently charged a minimum charge, shall be charged for the equivalent of 12,500 gallons usage, plus the monthly meter charge.

(Ord 539 (part), 1988).

D. The monthly charge for users of city water who are located outside the corporate city limits shall be double the rate charged to users within the city limits.

F. The CCI (or its successor) published in January for December of the previous year shall be the index used for determining any rate change. The initial CCI for the purposes of this fee is 6825 as published in the January 2004 Engineering News Record.

(Ord. 770, 2007; Ord. 768, 2007; Ord. 727, 2004; Ord. 539 (part), 1988).

Water Connection Fees

(Ord. 780 (part), 2008; Ord. 727, 2004).

Property owners liable for water service payments and connection charges to their properties:

A. The property owner, as determined by the real property tax roll of the Butte County Assessor, is liable for payment of water meter use and connection charges, where connections currently exist or where new connections are made, for services by connection with the city water system. The charges shall be in such amount and manner as shall be established and fixed from time to time by resolution of the City Council and shall be for services furnished to the property by the city.

B. The liability of the property owner for these charges exists even if the user of the sewer service is not the owner of the property. An occupant other than the owner may pay the charges on the behalf of the owner.

C. It is the responsibility of the owner of the real property to provide the city Finance Director with the current billing address and to notify the city Finance Director of any changes of address.

D. The fees for water meter, services and connection charges established by this section shall be payable to the city.

E. It shall be the duty of the city Finance Department to collect all charges provided for in this chapter.

F. The provisions of this section shall not apply to water service charges incurred at residential property when the owner of such property has not applied for or contractually agreed to pay for water service charges supplied to such property.

(Ord. 785-2009, § 5, 2009)

A. The person or property to be served shall pay all costs of construction of all water delivery facilities,, including, but not limited to, off-site water main to the corner of the property, construction of a well, fire hydrants, tanks, pumps, or other unusual water facilities if required to provide water service to that property.

B. However, if more than 100 feet of off-site water main is required to reach the corner of the property or construction of a well, fire hydrants, tanks, pumps, or other unusual water facilities are required, and if these facilities will potentially serve other properties, the city may enter into a reimbursement agreement for a reimbursement of a portion of these costs.

C. The reimbursement amount will be based upon 40% of the capacity and distribution fees received by the city from the properties served by the facilities included in the reimbursement agreement. Payment will be based upon 40% of the fees received by the city within each fiscal year thereafter.

D. The amount reimbursed by the city shall not exceed the amount specified in the reimbursement agreement. The agreement shall be for a period not to exceed 10 years.

(Ord. 539 (part), 1988).

No parcel of land situated outside of the city shall in any manner be or have any structure thereon connected to the water system of the city except by special agreement with the city council.

(Ord. 539 (part), 1988).

A. The wilful misrepresentation of any material fact with knowledge of its falsity or without reasonable cause to believe it to be true, to any city officer or the city council with the intent thereby to influence official action herein, shall be a violation of this chapter.

B. Any person, firm, or corporation violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500, or by imprisonment not exceeding six months or by both such fine and imprisonment. The person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable as provided in this chapter.

(Ord. 539 (part), 1988).

A. The water meter, service or connection charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

B. Lien recorded-Procedure.

1. Notwithstanding any provision in this code to the contrary, any water service charges which have become delinquent shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

2. Prior to the recordation of a lien for delinquent charges, the Finance Director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations. If the owner desires a hearing thereon, he shall request such a hearing by notifying the City Clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the City Council. The decision of the City Council shall be final and conclusive.

3. At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the City Council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the Finance Director unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

4. The Finance Director is authorized to determine the administrative costs of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the Finance Director may initiate proceedings to make delinquent water service charges a special assessment against the parcels of property to which such service was rendered.

5. The Finance Director shall transmit through the City Administrator to Council, a report of delinquent charges.

6. Hearing: Upon receipt of the report, the City Administrator shall fix a time, date and place for the City Council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the Council shall hear it with any objections of the property owners liable to be assessed for delinquent accounts. The Council may make such revisions, corrections, or modifications to the report as it may deem just, and in the event the Council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the City Council on the report and on all protests or objections thereto shall be final and conclusive.

7. Method of collection; applicability of other liens, laws, etc.

(a) Upon confirmation of the report by the Council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(b) The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

8. Report transmitted to auditor: A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current years.

(Ord. 785-2009, § 6, 2009)