McFarland Municipal Code Art. VI Water Department

The following terms when used in this article shall have the following meaning:

A. "Applicant" shall mean any person or entity making application for water service.

B. "City" shall mean the city of McFarland.

C. "City council" shall mean the city council of the city of McFarland.

D. "City water department" shall mean that department of the city which administers the city water system.

E. "City water system" shall mean the water works belonging to the city and providing domestic water service to the customers thereof.

F. "Connecting costs" shall mean the costs for constructing the physical facilities necessary to make a water connection, including, but not limited to, water meters, water meter boxes, and pipelines from the city water system to the premises.

G. "Consumer Price Index" or "Index" shall mean the Consumer Price Index for all urban consumers, Los Angeles-Anaheim-Riverside Are, all items (base year 1982—1984 = 100), published by the Department of Labor, Bureau of Labor Statistics.

H. "Customer" shall mean any person or entity to whom an account for water service has been opened or, depending upon the context in which used, the person or entity who uses the water service.

I. "Date of presentment" means the date upon which a water bill is mailed or delivered by the city to the customers.

J. "Director" shall mean the department head of the city water department as supervised and directed by the city manager.

K. "Occupant" shall mean the person renting, leasing, or otherwise occupying premises.

L. "Premises" shall mean any lot, piece, or parcel of land, or any building or other structure or any part of any building or other structure connected to the city water system.

M. "Property owner" shall mean the person owning fee title to any premises as shown by the records of the assessor of the county of Kern, provided, however, if there is a dispute between the assessor's records and the official records of the county recorder of Kern County, the official recorder shall prevail.

N. "Water" shall mean water furnished through the city water system.

O. "Water bill" shall mean the invoice mailed or delivered by the city to the customer setting forth water service charges, other charges related to water use or service, and all penalties and interest.

P. "Water connection" means the connection of a premises to the city water system.

Q. "Water meter" shall mean the meter through which water service is delivered by the city to the customer setting forth water service charges, other charges related to water use or service, and all penalties and interest.

R. "Water rates" shall mean the unit rate charged for water use and by which water service charges are calculated.

S. "Water service" shall mean the services, facilities and water furnished or available to the premises by the city water system.

T. "Water service connection fee" shall mean the fee payable by each applicant for the water services facilities in existence at the time of the application and for new facilities to be constructed in the future.

(Ord. No. 284-2001, § 1, 12-13-01; Ord. No. 002-2010, § 1, 2-11-10)

A. The city council hereby establishes the city water department and the position of director of the city water department. The city water department shall be responsible for the administration and operation of the city water system and the directors shall be the department head of the city water department subject to the supervision and control by the city manager and the city council.

B. The service area which may be served by the city water system shall be all premises within the boundaries of the city as of the date of the ordinance codified in this article, those premises outside the boundaries of the city being served by the McFarland Mutual Water Company as of the date of the ordinance codified in this article, and such other premises as are annexed to the city from time or time hereafter. City may provide water service to any other premises under such terms and conditions as the city council, in its sole and absolute discretion, shall prescribe by resolution.

C. City will endeavor to supply water dependably and safely in adequate quantities to meet the reasonable needs and requirements of customers. The city shall not be liable for injury or damage to either persons or property resulting from failure to supply water at either adequate quantities or quality or pressure. Acceptance of service by any property owner, occupant, or customer shall constitute wavier of such liability.

(Ord. No. 284-2001, § 2, 12-13-01; Ord. No. 002-2010, § 1, 2-11-10)

A. All applicants for water service shall make a written request for water service to the director on applications provided by the director. If any applicant is delinquent in payment of any other water service charge at the time of making the application, applicant shall pay the delinquency in full prior to or at the time that the application is processed. No application shall be granted except where made by the property owner or tenant of the premises which is the subject of the application. In the event of a change in ownership of premises, the seller or transferor shall notify the city in writing of the change and of the name and billing address of the buyer or transferee. Until notification of the city, both the seller/transferor and the buyer/transferee shall be jointly and severally liable for the payment of the water service charges excluding those charges incurred by the tenant. If required by the director, the city shall be provided with a copy of a recorded deed verifying the change of ownership.

B. The account shall be in the name of the property owner or tenant and all charges shall be due and payable from the property owner or tenant.

C. Upon written request from the property owner or tenant, the property owner or tenant shall remain liable for the account and for all penalties and interest accruing thereto.

D. All applicants shall pay a deposit upon filing an application. The amount of the deposit shall be established from time to time by resolution of the city council. The deposit shall be for the purpose of securing payment of the water service charges for water service to each premises and shall be returned to the property owner or tenant, of the premises when water services are discontinued; provided, however, that if the property owner or tenant of the premises when the service is discontinued is different from the property owner or tenant who paid the deposit, city shall return the deposit to the property owner or tenant of the premises at the time service is discontinued. If the water service charges have not been paid in full when water service is discontinued, that portion remaining unpaid shall first be deducted from the deposit, and the balance thereof, if any, shall be paid to the property owner or tenant who rendered the deposit to the city. Any deposit returned hereunder shall be returned without interest and the property owner or tenant shall not be entitled to any interest earned thereon.

(Ord. No. 284-2001, § 3, 12-13-01; Ord. No. 0007-2022, § 1, 9-22-22)

No one shall, in any manner whatsoever, tap, meddle, or interfere with any part of the water system of the city. No one shall use water supplied by the city for any purpose other than that described in the city's application for service, or in any way supply water to other persons other than those living on the property described in the application. A violation of this section constitutes unauthorized water use, as described in Chapter 13.10 of this Code.

(Ord. No. 3-2026, § 1, 5-13-26)

A. No premises shall receive water service except through a water meter. Water meters shall be provided by the city at the expense of the applicant and shall be installed by the city at the expense of the applicant. Notwithstanding the foregoing, city shall be the owner of the water meter and shall have all rights to remove, replace, and repair same.

B. No person shall interfere with or remove a water meter from any service without first receiving written permission from the director.

C. After a premises has been connected to a water meter, any damage to any of the city water system or contamination of mains resulting from the carelessness or neglect of the property owner, occupant, or customer on the premises shall be paid upon presentation of a water bill therefor by the property owner and in case such bill is not paid, the water service may be terminated without further notice until all such charges are paid. All unpaid charges shall accrue penalties and interest in the same manner as described in Section 13.04.720.

(Ord. No. 284-2001, § 4, 12-13-01)

All fire hydrants connected to the city's water system shall be operated only by the city, the Kern County Fire Department, or a person who has been duly issued a permit to do so by the city. Any person desiring to use water through any city fire hydrant must comply with all applicable water rates, rules, and regulations. A violation of this section constitutes an unauthorized connection to a fire hydrant, as described in Chapter 13.10 of this Code.

(Ord. No. 3-2026, § 2, 5-13-26)

The city council may establish water rates for city water service by resolution. The water rates shall be adjusted annually on the first day of July of each fiscal year without further action by the city council by a fraction, the numerator of which shall be the Consumer Price Index for the immediately preceding calendar year (the "ending year") and the denominator of which shall be the Index for the calendar year immediately preceding the ending year, but such fraction shall not be less than one. Notwithstanding the foregoing, the city council may, in its sole and absolute discretion, waive in whole or in part any annual adjustment. In the event the Index shall be converted to a different standard reference base or otherwise revised, such conversion factor, formula, or table for converting the Index, as may be published by the Bureau of Labor Statistics shall be used in sole discretion of city, or if the Bureau of Labor Statistics shall not publish the same, then such conversion by any other nationally recognized publisher of such similar information shall be used in the sole discretion of city.

(Ord. No. 284-2001, § 5, 12-13-01)

All water service charges shall be due and payable upon presentation of the water bill. If payment has not been made within ten days of the date of presentment, the water bill shall be delinquent. If the water bill is not paid within thirty days of the date of presentment, a penalty (hereinafter the "basic penalty") may be added by city to the portion of the water service charges remaining unpaid, and interest (hereinafter the "interest penalty") calculated on the total of unpaid water services charges and the basic penalty, if any, may be added by monthly by the city until the full amount of the water bill has been paid. All partial payments hall be applied first to the interest penalty may be established by resolution of the city council. Charges shall be made for water service to a premises until written request is made to the director to terminate water service.

(Ord. No. 284-2001, § 6, 12-13-01)

In the event a customer fails to pay the entire water bill within thirty days of the date of presentment, city may terminate water service. City council may, by resolution, establish a fee for reconnection of a premise to the city water system where water service has been terminated for failure to pay the water bill. In order to provide further assistance to the city in enforcing payment to the water bill, city may, at any time thereafter, file for record in the office of the county recorder of Kern County, a certificate specifying the amount of the delinquent water charges, the name and address of the property owner of the premises, and a description of the premises and same shall constitute a lien upon the premises; and the city may also authorized the tax collector for the county of Kern to place the delinquent water charges plus all penalties and interest thereon on the county real property tax statement for the premises. No water service shall be restored to the premises until the full amount of the water service charges plus penalties and interest have been paid and until the property owner has paid any reconnection fee established by the city council.

(Ord. No. 284-2001, § 7, 12-13-01)

Prior to an applicant receiving water service, applicant shall pay the water connection fee which may be established by the city council by resolution. Applicant shall pay such additional fees set forth herein and as established from time to time by the city council by resolution as may be appropriate for extension of water service to the applicant's premises. Notwithstanding the foregoing, the city council shall have the discretion in appropriate cases to authorize an applicant to pay the foregoing fees in installments under such terms and conditions as the city council may prescribe by resolution where the city council determines that a lump sum payment of the connection fee would constitute a severe hardship to the applicant or where the applicant's project may not otherwise be economically viable and the city council has determined that the project may provide substantial benefit to the city. The city council may temporarily waive or reduce the water connection fees for applicants within a particular category of development, such as residential, commercial, or industrial development, where the city council finds under appropriate circumstances and substantial evidence that economic development within that particular category is depressed and the temporary waiver or reduction of connection fees would be likely to assist in revitalization of development.

(Ord. No. 284-2001, § 8, 12-13-01)

A. Each applicant shall be liable for installing its water connection and paying all connecting costs, including water transmission lines, water storage or water production facilities, main line extensions, or such other facilities. All water connections shall be installed pursuant to city's standards. The water connection shall not be used nor shall water service be commenced until the connection has been inspected and approved by the city's engineer or building inspection department. Notwithstanding the foregoing, city may, in city's sole and absolute discretion, construct any portion of the water connection that will directly connect to or tie into the city water system, provided however that applicant shall nevertheless pay all costs of same. Whenever a new service is being provided to a premises and the same will require a new connection to a water main or an extension of any existing water main or construction of a new water main, city may perform or supervise construction of same at city's sole discretion and the applicant shall nevertheless pay the full cost of same.

B. If an applicant will make use of facilities previously furnished at the expense of another property owner, the applicant may be required, in city's sole discretion, to reimburse such other property owner a pro rata share of the cost of such facilities as a condition to approval of applicant's request for water service. The formula to be used in the pro rata distribution shall be upon an equitable basis to be determined from time to time by the city council for each specific installation by resolution.

C. Where required by city, all applicants for water service shall convey or dedicate to city at the applicant's sole cost and expense such easements and facilities as the city deems necessary or appropriate for providing of water service to the premises.

D. Property owners shall be solely liable and responsible for the installation and maintenance of all water lines and appurtenances existing from the water meter to and upon the premises. City shall not be liable for any loss or damage caused by any negligence or unlawful act of any property owner, occupant, or customer 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 property owner, occupant, and customer shall be held responsible for damage to city's water system which results form use or operation of any appliances or facilities on such premises, including, without limiting the generality of the foregoing, damage caused by steam, hot water, or chemicals.

E. City reserves the right, at any time without notice, to shut off the water in its mains or services for the purpose of making repairs or extensions or for other necessary operational purposes.

(Ord. No. 284-2001, § 9, 12-13-01)

No water pipe on any premises shall cross-connect the city's water system with any other source of water supply. Whenever there exists on any premises another source of water supply or whenever a premises is developed with industrial uses using or producing processed waters a premises is developed with industrial uses using or producing processed waters or liquid industrial wastes or in handling sewage or any other dangerous substance, city may refuse or discontinue service until there has been installed on the premises a double check valve installation approved by the city installed at the expense of the property owner in a manner approved by the city and in a location that is readily available to the city for a periodic inspection, for the purpose of protecting against back flow of water from the premises into the city's water system. Such back flow preventer shall be installed on all premises not having one on the effective date of the ordinance codified in this article and within six months thereafter.

(Ord. No. 284-2001, § 10, 12-13-01)

It shall be unlawful for any person, firm or corporation to furnish water to anyone within the corporate limits of the city, either for domestic or irrigation purpose, from a plant or system owned or controlled by themselves or furnish water purchased or received by them from some other person, firm or corporation, except to those persons, firms, or corporation now furnishing water contrary to the aforesaid shall discontinue doing so upon the written request of the director and within six months thereafter. No person receiving water from the city water system shall furnish water through the property owner's connection to any other person, firm or corporation for any purpose whatsoever except by written permission from the director. Any person intending to take water through, from or by means of any fire hydrant in the city shall first file with the director an application for a permit to use water from this source. Hydrant wrenches and directions for use of water and the payment of the cost of same from fire hydrants shall be provided by the director.

(Ord. No. 284-2001, § 11, 12-13-01)

Every person or entity violating or failing or neglecting or refusing to comply with any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding the sum of one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment. Every day upon which a violation of any provision of this article exists or continues shall constitute a separate offense.

(Ord. No. 284-2001, § 12, 12-13-01)

City shall establish a city water enterprise fund separate and apart from the city's general fund and other funds and all revenues from the city water system shall be deposited therein.

(Ord. No. 284-2001, § 1, 12-13-01)