Earlier editions: 2026-09
Milpitas Municipal Code Ch. 1 Water System
Milpitas Municipal Code · 2026-10 edition · updated 2026-10-04 · Milpitas
Cite as: Milpitas Municipal Code Chapter 1 · Text as of 2026-10-04
Section 1 — General Provisions¶
VIII-1-1.01 - Rules and Regulations¶
These rules and regulations, providing for the construction and use of water mains and services, the issuance of permits and fixing the fees therefor, the establishment of water service charges and collections thereof, the providing for reimbursement of excess cost by the City of Milpitas are hereby adopted and all matters with respect thereto shall be performed as herein specified and not otherwise.
(Ord. 120 (part), 9/1/64)
VIII-1-1.02 - Purpose¶
This Chapter is intended to fix certain minimum standards, provisions, and requirements for design, methods of construction, and use of materials in the water main facilities hereafter installed, altered, or repaired; the issuance of permits, fixing fees therefor, providing for service charges, and collections, providing for reimbursement of excess cost, and a penalty for violation of the provisions hereof. This ordinance shall not apply retroactively and, in the event of alterations or repairs hereafter made, it shall apply to the new materials and methods used therein.
(Ord. 120 (part), 9/1/64)
VIII-1-1.03 - Ownership of Main¶
City will not provide water service by means of any arterial main, cross connection main, or water service which it does not have full and complete title at the time of rendering such service.
(Ord. 120 (part), 9/1/64)
VIII-1-1.04 - Contractors Registration¶
Except as provided in Section 1.05 hereof, it shall be unlawful for any person to install or construct any water main or water service in a public street or easement in the City who is not a master plumber or contractor, licensed under the State contractors license law (Section 7100 to 7145 of the Business and Professions Code of the State of California). All such contractors must register with the City prior to commencing or carrying out any such work in the City.
(Ord. 120 (part), 9/1/64)
VIII-1-1.05 - Exception¶
Subsection 1.04 shall not apply to work done solely on private property but such work is subject to inspection by the City representative for workmanship and possible entrance of foreign materials.
(Ord. 120 (part), 9/1/64)
VIII-1-1.06 - Contractor's Bonds and Insurance¶
All such contractors and master plumbers must file a certificate of insurance with the City showing adequate public liability and property damage insurance and must carry adequate bonds covering performance and labor and materials in amounts specified by the City to insure the protection of the City, its officers and employees.
(Ord. 120 (part), 9/1/64)
VIII-1-1.07 - Road Excavation Permits and Bonds Therefor¶
No excavation shall be made in any state highway, county road, city street or other public roadway in the City unless and until a road excavation permit be issued therefor by appropriate authority.
(Ord. 120 (part), 9/1/64)
VIII-1-1.08 - Construction¶
All construction shall be in accordance with the standard specifications adopted by the City Council and on file in the office of the City.
(Ord. 120 (part), 9/1/64)
VIII-1-1.09 - Trenches, Inspection¶
All trenches shall be left open and all connections shall be left uncovered for inspection until after the inspection has been made and the pipe laid accepted. Upon written approval after such inspection the trenches shall be backfilled without delay and the street restored to its original condition.
(Ord. 120 (part), 9/1/64)
VIII-1-1.10 - Barriers and Lights¶
Contractors shall maintain such barriers, lights, and signs as are necessary to give warning to the public at all times during construction and of any dangerous condition to be encountered in consequence thereof. They likewise shall protect the public in the use of walkways against any such condition in connection with the construction of water mains or services.
(Ord. 120 (part), 9/1/64)
VIII-1-1.11 - Inspection, Previous Notice¶
In all cases when any inspection is required not less than 24 hours notice shall be filed in the office of the City stating the time when the work will be sufficiently advanced for inspection.
(Ord. 120 (part), 9/1/64)
VIII-1-1.12 - Responsibility for Defects¶
All persons performing or permitted to perform work under this ordinance shall be held strictly responsible for any and all acts of agents or employees in connection with said work. Upon being notified in writing by the City of any defect arising therefrom in any water main or service or of any violation of provisions of this ordinance, the person or persons responsible for said work shall take immediate steps to correct such defect or violation.
(Ord. 120 (part), 9/1/64)
VIII-1-1.13 - Condemned Work¶
In case any water main or water service work was inspected and any portion thereof condemned before acceptance by the City, a written notice to that effect shall be given informing the responsible person to make repairs necessary to place the water main or service in satisfactory condition.
(Ord. 120 (part), 9/1/64)
VIII-1-1.14 - Liability¶
The City, its officers or employees shall not be answerable for any liability for personal injury or loss of life or damage to any property consequent to the performance of any of the herein described work by any other person. Such person shall save the City, its officers and employees free and harmless from any such liability imposed by law upon the City, its officers or employees, including all cost, expenses, fees, and interest incurred in legal defense or in the enforcement of this provision. Such person shall be solely liable for any defect in the performance of his work or any failure which may develop therein.
(Ord. 120 (part), 9/1/64)
VIII-1-1.15 - Connections¶
Actual connection to any existing main (wet tap) shall be made only by employees or agents of the City.
(Ord. 120 (part), 9/1/64)
Section 2 — Definitions¶
VIII-1-2.01 - Supply Main¶
Supply main is the primary source of water supply for the City and is more commonly known as the Hetch-Hetchy pipe line.
(Ord. 120 (part), 9/1/64)
VIII-1-2.02 - Arterial Main¶
Arterial main is a secondary feeder which is connected to the supply main.
(Ord. 120 (part), 9/1/64)
VIII-1-2.03 - Cross Connection Main¶
Cross connection main is a main which conveys water between two arterial mains.
(Ord. 120 (part), 9/1/64)
VIII-1-2.04 - Service¶
Service is a supply line extending from a main to the property line and includes the meter.
(Ord. 120 (part), 9/1/64)
VIII-1-2.05 - City Main¶
City main is any arterial cross connection or any other main owned by City except a service.
(Ord. 120 (part), 9/1/64)
VIII-1-2.06 - Connector¶
Connector is any individual, corporation, city or district, that connects any service to any arterial, or cross connection main owned by the City.
(Ord. 120 (part), 9/1/64)
VIII-1-2.07 - Installer¶
Installer is any individual, corporation, city or district, that installs an arterial or cross connection main within city for connection to the supply main or any city main.
(Ord. 120 (part), 9/1/64)
VIII-1-2.08 - City¶
City is the City of Milpitas.
(Ord. 120 (part), 9/1/64)
VIII-1-2.09 - Person¶
Person is any individual, firm, partnership, company, corporation, association, or government agency.
(Ord. 120 (part), 9/1/64)
VIII-1-2.10 - Street¶
Street is any public highway, road, street, avenue, alley way, easement, or right-of-way.
(Ord. 120 (part), 9/1/64)
VIII-1-2.11 - Premise¶
Premise is any lot, parcel of land, building, or establishment.
(Ord. 120 (part), 9/1/64)
VIII-1-2.12 - User¶
User is any owner or renter of any premise connected to a water service or city main for the purpose of bringing water to said premise.
(Ord. 120 (part), 9/1/64)
VIII-1-2.13 - In-Tract Main¶
In-tract main is a water main within the physical boundaries of a lot or subdivision.
(Ord. 120.1, 4/6/65)
VIII-1-2.14 - Perimeter Main¶
Perimeter main is a water main in a street or right-of-way on or about the border of a lot or subdivision which is or may be shared by two or more connectors or installers.
(Ord. 120.1, 4/6/65)
VIII-1-2.15 - Local Service Main¶
Local service main is a water main or valve of eight inches diameter or less.
(Ord. 120.1, 4/6/65)
VIII-1-2.16 - Excess Size Main and Facilities¶
Excess size main and facilities refers to mains, valves, tanks, pump stations and system components which are larger than required for local service.
(Ord. 120.22, 9/18/84)
VIII-1-2.17 - Excess Costs¶
Excess costs is the difference in cost between local mains and facilities and excess size mains and facilities.
(Ord. 120.22, 9/18/84)
VIII-1-2.18 - Water Main Extension¶
Water main extension is a City water main connecting an installer or connector's lot or subdivision with a nonadjacent water main and which benefits or will benefit lands on one or both sides of the main that are not part of the installer or connector's lot or subdivision; "water main extensions" are also sometimes referred to as "off-tract mains."
(Ord. 120.1, 4/6/65)
VIII-1-2.19 - Fees Required Under this Chapter¶
2.19.1 Generally:
For the purpose of determining what fees are applicable under this Chapter, land within the City is classified as:
(a) gravity zone (defined in VIII-1-2.20) which is comprised of land commonly known and referred to as flat land
(b) hillside zone (defined in VIII-1-2.21)
Three kinds of fees may be imposed on gravity zone or flat land:
(1) front footage fees
(2) acreage fees
(3) fire hydrant fees
Four kinds of fees may be imposed on hillside zone:
(1) front footage fees
(2) acreage fees (subject, however, to a limitation)
(3) dwelling unit fees
(4) fire hydrant fee
The fees imposed hereunder are sometimes referred to as "Connection Fees."
2.19.2 Front Footage Fees Defined:
Front footage fees are measured by the number of feet of an installer or connector's land which borders a City water main or concerning which the City has entered into an agreement requiring payment of front footage fees (even though the land involved may not receive water service by direct connection to the bordering main). The purpose of front footage fees is to equitably distribute among installers and connectors the cost of the first eight inches diameter of mains and valves. See Section VIII-7.01-2 for computation. A given development may require both front footage fees and acreage fees.
2.19.3 Acreage Fees Defined:
Acreage fees are measured by the number of acres (and fraction thereof) of land of an installer or connector to be served by connection to the City water mains (less any excess costs to which he is entitled to reimbursement under this Chapter). The purpose of acreage fees is to equitably distribute the cost of excess size mains and facilities. See VIII-7.01-2 for computation. A given development may require both front footage fees and acreage fees.
2.19.4 Dwelling Unit Fee Defined:
Dwelling unit fees in any particular benefit district are measured by the cost of pumps, storage tanks and mains and facilities in that particular benefit district. Dwelling unit fees may vary from benefit district to benefit district; dwelling unit fees are not applicable to gravity zone land. The purpose of dwelling unit fees is to equitably distribute among the installers and connectors in a particular benefit district the cost of pumps, storage tanks, mains and facilities. Dwelling unit fees are computed separately for each benefit district. See VIII-1-8.03 (note that dwelling unit districts may overlap and, consequently, dwelling unit fees may be cumulative).
(Ord. 120.22, 9/18/84)
VIII-1-2.20 - Gravity Zone¶
Gravity zone is that area within the City of Milpitas which can be served by water from the City's pressurized supply system without additional pumping facilities necessitated by elevation. It is commonly referred to as "flat land." (Generally, but not invariably, the gravity zone will be that area below elevation 200.)
(Ord. 120.22, 9/18/84)
VIII-1.2.21 - Hillside Zone¶
Hillside zone is that area of the City of Milpitas not included in the gravity zone and which is served by additional pumping facilities.
(Ord. 120.22, 9/18/84)
VIII-1-2.22 - Front Foot Benefit District¶
Front foot benefit district is land shown on a map approved by the City Council (See Subsection 8.03) as the basis for determining the reimbursement to which an initial installer of water mains and facilities shall be entitled in consequence of persons subsequently connecting to said water mains and facilities. The amount to be reimbursed to the initial installer on a front footage basis may be derived from front footage fees or from front footage fees and acreage fees.
(Ord. 120.22, 9/18/84)
VIII-1-2.23 - Hillside Connector¶
Hillside connector is any connector receiving water from any zone in the City of Milpitas other than the gravity zones.
(Ord. 120.18, 5/20/80)
VIII-1-2.24 - Dwelling Unit Benefit District¶
Dwelling unit benefit district is land shown on a map approved by the City Council (See Subsection 8.03) on which hillside connector dwelling units are used as the basis for determining reimbursement to which an initial installer shall be entitled in consequence of hillside connections subsequently connecting to said water mains and facilities. The amount to be reimbursed to the initial installer will be derived from dwelling unit fees.
(Ord. 120.22, 9/18/84)
VIII-1-2.25 - Facilities¶
Facilities includes (without limitation) mains, pump stations, tanks, valves and all components required to operate a water distribution system.
(Ord. 120.22, 9/18/84)
Section 3 — Arterial Mains and Cross Connection Mains¶
VIII-1-3.01 - Construction by Installer¶
Application for permission to construct a water main or service in the City shall be made to the City. Responsibility for the design, specification, methods of construction and inspection of the water facilities to be installed remains with the City. Installer's proposed water system must conform to the master plan of water system, when applicable, and as approved by the City Council. All water main and water service extensions shall be designed and constructed in accordance with standard specifications and drawings adopted by the City Council.
(Ord. 120.22, 9/18/84)
VIII-1-3.02 - Repealed By Ord. 120.22, 9/18/84.¶
VIII-1-3.03 - Refunds¶
In the event of cancellation of a project for extension of water mains for any reason, connector or installer may apply for and the City Council may in its discretion grant a refund of any fees or deposits previously paid by installer or connector. In such event City shall deduct from such refund that amount which the City Council determines to be proper in order to recompense the City for cost incurred by it in connection with said project.
(Ord. 120 (part), 9/1/64)
Section 4 — Water Service Meters and Connections¶
VIII-1-4.01 - Charges for Meters¶
The following charges are hereby established for furnishing and installing a water meter on any existing service:
(Ord. 120.5, 10/24/67)
| Size of Service | Estimated |
|---|---|
| 5/8″ × ¾″ | $ 37.00 |
| ¾″ | 56.00 |
| 1″ | 81.00 |
| 1 ½″ | 152.00 |
| 2″ | 225.00 |
| Larger Meters | Actual Cost to City |
(Ord. 120 (part), 9/1/64)
VIII-1-4.02 - Charges for New Services¶
Where installation of a new service is required, the charge will be the actual cost to the City.
(Ord. 120 (part), 9/1/64)
VIII-1-4.03 - Charges in New Subdivisions¶
In new subdivisions, an additional charge of $5.00 will be made for installing the first meter in a building, unless three or more meters are ordered at one time, in which case the regular charge will apply.
(Ord. 120 (part), 9/1/64)
VIII-1-4.04 - Title to Meters¶
All water meters are and remain property of the City.
(Ord. 120 (part), 9/1/64)
Section 5 — Use of Public Water Mains¶
VIII-1-5.01 - Private Wells¶
No person shall maintain a private well on any premise served with water served by the City unless he shall install in accordance with City specifications a fully automatic double-check double-gate valve assembly. If not installed after written notice by the City, service will be discontinued.
(Ord. 120 (part), 9/1/64)
Section 6 — Water Service Charges¶
VIII-1-6.01 - Water Rate Established¶
Water delivered by the City will be charged for on a calendar bi-monthly basis at the rates set forth in this ordinance.
(Ord. 120.20, 7/20/82)
VIII-1-6.02 - Deleted by Ord. 120.11, 4/16/74.¶
VIII-1-6.03 - Deleted by Ord. 120.11, 4/16/74.¶
VIII-1-6.04 - Fire Hydrants¶
The provisions of this Chapter relating to definitions, general provisions, permits, construction and connection requirements, refunds, charges, fees and design standards shall apply also to fire hydrants.
At locations required by the City Fire Chief, fire hydrants shall be constructed by connector in the streets adjoining the land of connector, and in such time as determined by the City Engineer. Said hydrants, including services and related appurtenances shall be installed at the expense of the connector.
Wherever hydrants serve properties other than connector that have collectable frontages, the City shall reimburse connector. Said reimbursement shall be made upon completion of hydrant installation, the sum based upon the front foot fire hydrant fee to be received (or previously received) as specified in Section 7.01-3.
Wherever existing fire hydrants serve connector and said hydrants were installed by City or were installed by previous connectors and reimbursed by City, connector shall pay the fire hydrant fee as specified in Section 7.01-3.
(Ord. 120.16, 12/4/79)
VIII-1-6.05 - Construction Water¶
Construction shall be considered to be of two types (a) general construction, which includes all construction other than structural, and (b) structural construction which includes construction of all types of structures. All construction water use shall be metered.
6.05-1 If a user desires general construction water service and does not wish to install a permanent water meter in accordance with subsection 6.05-2, the user shall be required to complete a permit application and deposit $2,000 with the City. If the anticipated water usage from the construction or the value of the water meter warrants it, the City may require a general construction water deposit in excess of $2,000. Upon receipt of the completed application and deposit, the City shall issue a general water construction permit and provide the user with a temporary meter to draw such water from city hydrants. Permits shall be granted for a period not to exceed six months with one six-month extension granted by the City upon request. If the source of construction water is a fire hydrant, an approved spanner wrench shall be used for operating the hydrant. General construction water service will be charged at the commercial water quantity rate with fixed charges as designated in Sections 6.13 and 6.14. The user shall maintain a copy of the temporary meter permit at the site when using the meter. At the conclusion of the permit period, the user shall return the meter and report the amount of water used. The City will calculate the charges and return any amounts remaining from the deposit. If a permit in excess of one year is required, a new permit is required, and the meter must be returned for inspection prior to issuance of the new permit. If a meter is damaged, destroyed, or lost, the entire deposit shall be forfeited. Use of temporary meters not issued by the City of Milpitas is prohibited.
6.05-2 Structural construction. Prior to receiving structural construction water service, the user shall open a utility account with the City, arrange for installation of the permanent water meter, and pay charges in accordance with Sections 6.13 and 6.14.
(Ord. 120.42 (1), 5/18/04: Ord. 120 (part), 9/1/64)
VIII-1-6.06 - Deposits for Service¶
6.06-1 As a condition precedent to providing or restoring service for single-family residential accounts, a cash deposit of One Hundred and Fifty Dollars ($150.00) per meter shall be required. After a continuous twelve (12) month period of satisfactory payment history, the cash deposit, without interest, may be refunded through credit to the next utility bill. Satisfactory payment history is established when a customer does not incur any one or more of the following charges within a continuous twelve month period: late payment penalties, turnoffs, or returned checks due to insufficient funds. Under no circumstances will the cash deposit be refunded if the City has any evidence of meter tampering or water diversion, regardless of payment history. Otherwise, the deposit, without interest, will be refunded through a credit to the last utility bill at the termination of service. The deposit may be waived for customers applying for residential utility service who (i) within the past five-year period terminated a former City of Milpitas utility service account with a satisfactory payment history at the time of termination or (ii) have other evidence of sufficient credit worthiness in the payment of utility services, as determined in the sole discretion of the Finance Director.
6.06-2 The Council finds that there are frequent violations of this Chapter and frequent delinquencies in the payment of water bills by duplex, apartment or other multi-unit residential properties. Such properties and the several units in them are frequently served by a single meter in the name of the owner. Enforcement of payment is difficult. Users may have paid rent to landlords who do not pay water bills; enforcement by cessation of utility service in such cases is harsh, unfair and inequitable. The time, difficulty and expense involved in the collection of relatively small accounts from property management firms or from owners or managers who do not recognize personal responsibility for the payment of water bills and the rapid turnover of ownership in multi-unit residential and the low rate of return require the imposition of an advance deposit requirement for each dwelling unit in multi-unit residential properties.
6.06-3 As a condition precedent to providing or restoring service, a cash deposit not to exceed One Hundred Dollars ($100.00) for each dwelling unit in each multi-unit residence (including duplex, triplex, fourplex, apartment house or other multi-unit residence) shall be required. Said deposit, without interest, will be returned to the depositor at the termination of all service to the multi-unit residence and the payment of all bills incurred at said multi-unit residence.
6.06-4 Remedies provided for herein are not exclusive but are in addition to such other remedies as are authorized by law.
(Ord. No. 120.45, § 1, 5-5-09; Ord. 120.39, 1/2/01; Ord. 120.6 (part), 12/3/68; Ord. 120 (part), 9/1/64)
VIII-1-6.07 - Responsibility for Charges¶
Any person or firm taking possession of premises which are served with water by City and using such water without having made application to the City to do so shall be liable for all charges from the date of the last recorded meter reading. The responsible applicant, firm, or person being supplied will be held liable for payment for all water delivered from the time service begins until the City is notified in writing and discontinues service pursuant to such notification.
(Ord. 120 (part), 9/1/64)
VIII-1-6.08 - Meter Tests¶
If requested by a customer as a result of an apparently excessive bill, the City will conduct a meter test. The customer will be requested to be present at such test. Customers may request up to three (3) meter accuracy tests in any twelve (12) month period at no charge. If additional tests are requested within the twelve (12) month period, the customer shall pay Fifty Dollars ($50.00) for each subsequent test.
(Ord. No. 120.45, § 2, 5-5-09; Ord. 120 (part), 9/1/64)
VIII-1-6.09 - Time for Payment¶
All accounts are due and payable within fifteen (15) days of the date of the bill. Accounts shall become delinquent and a late fee equal to five percent of the amount due shall be imposed if payment has not been received by 5:00 p.m. on the due date.
(Ord. 120.42 (2), 5/18/04; Ord. 120 (part), 9/1/64)
VIII-1-6.10 - Discontinuance of Residential and Non-Residential Service¶
6.10-1 Residential service may be discontinued for any infraction of City rules or regulations relating to the provision of water service and shall be discontinued for any account, which is more than sixty-three (63) days delinquent. Prior to discontinuing service for delinquent accounts, one or more notices shall be issued to delinquent accounts. If payment has not been received by 5:00 p.m. of the due date of a bill, which is twenty-one (21) days from when the bill is mailed, a penalty fee equal to five percent of the amount then due shall be imposed and a Reminder Notice will be mailed. If payment has not been received by 5:00 p.m. of the forty-ninth (49th) day of delinquency, an additional late fee equal to five percent of the amount then due shall be imposed, and a Final Notice will be mailed. If payment has not been received by 5:00 p.m. on the fifty-sixth (56th) day of delinquency, a forty-eight (48) hour warning notice regarding the discontinuance of water service shall be placed on an exterior door of the building where service is provided and for which payments are delinquent. If the City posts a warning notice, an additional service charge shall be imposed on the delinquent account.
Said warning notice shall state that water service will be discontinued if payment of the delinquent account is not received by 5:00 p.m. of the due date indicated on the warning notice. If payment has not been received by 5:00 p.m. of the due date on the warning notice, water service shall be discontinued.
The City Council may, by resolution, adopt a policy for discontinuance of residential water service for nonpayment. Such policy may include, but may not be limited to, additional provisions concerning billing procedures, discontinuance of service, notification procedures, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the City under specified circumstances, and related matters. To the extent a policy adopted pursuant to this Section conflicts with any provisions of this Chapter, the policy shall control.
6.10-2 Non-Residential service may be discontinued for any infraction of City rules or regulations relating to the provision of water service and shall be discontinued for any account, which is more than sixty-three (63) days delinquent. Prior to discontinuing service for delinquent accounts, one or more notices shall be issued to delinquent accounts. If payment has not been received by 5:00 p.m. of the due date of a bill, which is twenty-one (21) days from when the bill is mailed, a penalty fee equal to five percent of the amount then due shall be imposed and a Reminder Notice will be mailed. If payment has not been received by 5:00 p.m. of the forty-ninth (49th) day of delinquency, an additional late fee equal to five percent of the amount then due shall be imposed, and a Final Notice will be mailed. If payment has not been received by 5:00 p.m. on the fifty-sixth (56th) day of delinquency, a forty-eight (48) hour warning notice regarding the discontinuance of water service shall be placed on an exterior door of the building where service is provided and for which payments are delinquent. If the City posts a warning notice, an additional service charge shall be imposed on the delinquent account. Said warning notice shall state that water service will be discontinued if payment of the delinquent account is not received by 5:00 p.m. of the due date indicated on the warning notice. If payment has not been received by 5:00 p.m. of the due date on the warning notice, water service shall be discontinued.
(Ord. No. 120.49, § 2, 12/17/19; Ord. 120.42 (3), 5/18/04; Ord. 120.13 (part), 1/4/77; Ord. 120 (part), 9/1/64)
VIII-1-6.11 - Restoration of Discontinued Service¶
Restoration of service, which has been discontinued for nonpayment of a bill, may be had by payment of all outstanding charges to date plus a restoration of service charge, at the offices of City. If restoration is requested outside of normal business hours, an additional service charge shall be imposed. Restoration of service, which has been discontinued for any other infraction of a rule, may be had by presentation of evidence of compliance and payment of a restoration of service charge at the offices of the City. The City Manager shall have authority to vary the strict application of this rule where he deems it necessary for the good of the City or to prevent undue hardship. In addition, the restoration of service charge and additional service charge for after-hours restoration as annually adopted by the Council shall be subject to the limits set forth in the City's policy on discontinuance of residential water service, or as otherwise required by law.
(Ord. No. 120.49, § 3, 12/17/19; Ord. 120.42 (4), 5/18/04; Ord. 120.13 (part), 1/4/77; Ord. 120 (part), 9/1/64)
VIII-1-6.12 - Protests¶
Any bill rendered will be considered a proper charge unless protest is made within fifteen (15) days after presentation, or mailing to the customer at this address on the City records.
(Ord. 120 (part), 9/1/64)
_____
VIII-1-6.13 - Quantity Charges¶
The quantity charges include a volumetric charge and a capital surcharge. The uniform rates for the quantity charges are billed bimonthly and imposed per hundred cubic feet ("HCF") for metered water service. The rates and effective dates for the quantity charges shall be those set forth below.
RATES AND EFFECTIVE DATES FOR QUANTITY CHARGES ($/HCF)
| 7/1/2022 | 7/1/2023 | 7/1/2024 | 7/1/2025 | 7/1/2026 | 7/1/2027 | |
|---|---|---|---|---|---|---|
| Potable | $6.70 | $7.17 | $7.64 | $8.14 | $8.67 | $9.24 |
| Recycled | $4.51 | $5.41 | $5.77 | $6.15 | $6.55 | $6.98 |
| Capital | $1.08 | $1.14 | $1.20 | $1.26 | $1.33 | $1.40 |
FY = Fiscal Year
1 HCF = One Hundred Cubic Feet = 748 Gallons
(Ord. No. 120.50, § 2, 4/18/23; Ord. No. 120.48, § 2, 2/19/19; Ord. No. 120.47, § 2, 12/15/15; Ord. No. 120.46, § 2, 5/3/11; Ord. No. 120.45, § 3, 5/5/09; Ord. 120.43 (part), 8/2/05; Ord. 120.42 (5), 5/18/04; Ord. 120.41 (part), 6/3/03; Ord. 120.40 (part), 6/5/01; Ord. 120.38 (part), 6/6/00; Ord. 120.37 (part), 6/15/99; Ord. 120.36 (part), 6/16/98; Ord. 120.35 (part), 6/17/97; Ord. 120.34 (part), 6/18/96; Ord. 120.33 (part), 10/17/95; Ord. 120.32 (part), 1/3/95; Ord. 120.31 (part), 11/2/93; Ord. 120.30 (part), 6/16/92; Ord. 120.29 (part), 6/4/91; Ord. 120.28 (part), 5/15/90; Ord. 120.26 (part), 7/18/89; Ord. 120.25, 4/18/89; Ord. 120.24 (part), 6/21/88; Ord. 120.21, 6/7/83; Ord. 120.20 (part), 7/20/82; Ord. 120 (part), 9/1/64)
VIII-1-6.14 - Bimonthly Water Meter Charges¶
(a) Water Meter Charges: The rates and the effective dates for the bimonthly water meter charges, determined on the basis of the size of the water meter, shall be as follows:
BIMONTHLY WATER METER RATES AND EFFECTIVE DATES FOR POTABLE WATER SERVICE CHARGE ($/SIZE OF WATER METER)
| Meter Size (Inches) | 7/1/2022 | 7/1/2023 | 7/1/2024 | 7/1/2025 | 7/1/2026 | 7/1/2027 |
|---|---|---|---|---|---|---|
| 5/8 | $34.10 | $35.87 | $38.21 | $40.70 | $43.35 | $46.17 |
| 3/4 | $51.14 | $47.03 | $50.09 | $53.35 | $56.82 | $60.52 |
| 1 | $85.24 | $69.34 | $73.85 | $78.66 | $83.78 | $89.23 |
| 1-1/2 | $170.48 | $125.14 | $133.28 | $141.95 | $151.18 | $161.01 |
| 2 | $272.76 | $192.10 | $204.59 | $217.89 | $232.06 | $247.15 |
| 3 | $511.43 | $404.13 | $430.40 | $458.38 | $488.18 | $519.92 |
| 4 | $852.38 | $716.60 | $763.18 | $812.79 | $865.63 | $921.90 |
| 6 | $1,704.76 | $1,464.29 | $1,559.47 | $1,660.84 | $1,768.80 | $1,883.78 |
| 8 | $1,704.76 | $3,138.22 | $3,342.21 | $3,559.46 | $3,790.83 | $4,037.24 |
| 10 | $1,704.76 | $4,700.56 | $5,006.10 | $5,331.50 | $5,678.05 | $6,047.13 |
BIMONTHLY WATER METER RATES AND EFFECTIVE DATES FOR RECYCLED WATER SERVICE CHARGE ($/SIZE OF WATER METER)
| Meter Size (Inches) | 7/1/2022 | 7/1/2023 | 7/1/2024 | 7/1/2025 | 7/1/2026 | 7/1/2027 |
|---|---|---|---|---|---|---|
| 5/8 | $34.10 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 3/4 | $51.14 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 1 | $85.24 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 1-1/2 | $170.48 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 2 | $272.76 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 3 | $511.43 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 4 | $852.38 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 6 | $1,704.76 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 8 | $1,704.76 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
| 10 | $1,704.76 | $13.54 | $14.43 | $15.37 | $16.37 | $17.44 |
(b) For Temporary Construction Meter Customers, the bimonthly water meter charges shall be equal to the bimonthly water meter charges for three-inch water meters set forth in Section 6.14(a).
No adjustments shall be granted to any water account holder due to variation in the days of service for any bimonthly billing period. Acceptable days of service range from 50 to 69 days per bimonthly billing period.
(Ord. No. 120.50, § 2, 4/18/23; Ord. No. 120.48, § 2, 2/19/19; Ord. No. 120.47, § 3, 12/15/15; Ord. No. 120.46, § 3, 5/3/11; Ord. No. 120.45, § 4, 5/5/09; Ord. 120.43 (part), 8/2/05; 120.42 (6), 5/18/04; Ord. 120.41 (part), 6/3/03; Ord. 120.40 (part), 6/5/01; Ord. 120.38 (part), 6/6/00; Ord. 120.37 (part), 6/15/99; Ord. 120.36 (part), 6/16/98; Ord. 120.35 (part), 6/17/97; Ord. 120.34 (part), 6/18/96; Ord. 120.33 (part), 10/17/95; Ord. 120.32 (part), 1/3/95; Ord. 120.31 (part), 11/2/93; Ord. 120.29 (part), 6/4/91; Ord. 120.28 (part), 5/15/90; Ord. 120.27 (part), 8/15/89; Ord. 120.20 (part), 7/20/82; Ord. 120 (part), 9/1/64)
VIII-1-6.15 - Fire Service Charges¶
The rates and effective dates for the bimonthly fire service charges, determined on the basis of the size of the fire service, shall be as follows:
RATES AND EFFECTIVE DATES FOR FIRE SERVICE CHARGE ($/SIZE OF FIRE SERVICE LINE)
| Line Size (Inches) | 7/1/2022 | 7/1/2023 | 7/1/2024 | 7/1/2025 | 7/1/2026 | 7/1/2027 |
|---|---|---|---|---|---|---|
| 2 | $54.55 | $54.55 | $54.55 | $54.55 | $54.55 | $54.55 |
| 3 | $102.29 | $102.29 | $102.29 | $102.29 | $102.29 | $102.29 |
| 4 | $170.48 | $170.48 | $170.48 | $170.48 | $170.48 | $170.48 |
| 6 | $340.95 | $340.95 | $340.95 | $340.95 | $340.95 | $340.95 |
| 8 | $340.95 | $340.95 | $340.95 | $340.95 | $340.95 | $340.95 |
| 10 | $340.95 | $340.95 | $340.95 | $340.95 | $340.95 | $340.95 |
Water flowing through fire suppression systems shall be used solely for the purpose of fire protection and testing of such fire protection systems. In the event that water service provided through fire suppression systems is used for purposes other than for fire protection or the testing of such fire protection systems, the quantity charges equal to the quantity charge rates (per HCF) for Commercial/Industrial/Institutional customers shall be imposed.
(Ord. No. 120.50, § 2, 4/18/23; Ord. No. 120.48, § 2, 2/19/19; Ord. No. 120.47, § 4, 12/15/15; Ord. 120.46, § 4, 5/3/11; Ord. No. 120.45, § 5, 5/5/09; Ord. 120.43 (part), 8/2/05; Ord. 120.42 (7), 5/18/04; Ord. 120.41 (part), 6/3/03; Ord. 120.40 (part), 6/5/01; Ord. 120.38 (part), 6/6/00; Ord. 120.37 (part), 6/15/99; Ord. 120.36 (part), 6/16/98; Ord. 120.35 (part), 6/17/97; Ord. 120.34 (part), 6/18/96; Ord. 120.33 (part), 10/17/95; Ord. 120.32 (part), 1/3/95; Ord. 120.31 (part), 11/2/93; Ord. 120.30 (part), 6/16/92; Ord. 120.29 (part), 6/4/91; Ord. 120.27 (part), 8/15/89; Ord. 120.20 (part), 7/20/82; Ord. 120 (part), 9/1/64)
VIII-1-6.16 - Billing and Effective Dates of Water Rates and Charges¶
Billing. After the Ordinance adopting the charges set forth in this Section goes into effect, customers shall be subject to the water service charges at the rates and on the effective dates set forth in 6.13 (Quantity Charges), 6.14 (Bimonthly Water Meter Charges), and 6.15 (Fire Service Charges), for services provided on or after July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027 respectively. In the absence of amendment of the rates set forth herein or adoption of a new rate ordinance, the rates in effect on July 1, 2027, and set forth herein shall remain in effect until amended or repealed.
(Ord. No. 120.50, § 2, 4/18/23; Ord. No. 120.48, § 2, 2/19/19; Ord. No. 120.47, § 5, 12/15/15; Ord. No. 120.46, § 5, 5/3/11; Ord. No. 120.45, § 6, 5/5/09; Ord. 120.43 (part), 8/2/05; Ord. 120.42 (8)(part), 5/18/04; Ord. 120.41 (part), 6/3/03; Ord. 120.40 (part), 6/5/01; Ord. 120.38 (part), 6/6/00; Ord. 120.37 (part), 6/15/99; Ord. 120.36 (part), 6/16/98; Ord. 120.35 (part), 6/17/97; Ord. 120.34 (part), 6/18/96; Ord. 120.33 (part), 10/17/95; Ord. 120.32 (part), 1/3/95; Ord. 120.31 (part), 11/2/93; Ord. 120.30 (part), 6/16/92; Ord. 120.29 (part), 6/4/91; Ord. 120.28 (part), 5/15/90; Ord. 120.26 (part), 7/18/89; Ord. 120.24 (part), 6/21/88; Ord. 120.20 (part), 7/20/82; Ord. 120 (part), 9/1/64)
VIII-1-6.17 - Meter Maintenance¶
All water meters shall be maintained, repaired and replaced by the City. Where replacement, repair or adjustment of any meter or appurtenance is made necessary by the purposeful acts, neglect, excessive demands or carelessness of the owner or occupant of any premises, any expense thereby caused to the City shall be charged to and collected from the owner or occupant of the premises. There shall be a minimum charge of one hundred fifty dollars for each such incident.
(Ord. 120.42 (8)(part), 5/18/04; Ord. 120.11, 4/16/74; Ord. 120 (part), 9/1/64)
Section 7 — Connection Fees; Computation of Fees¶
VIII-1-7.01 - Connection Fees; Computation of Fees¶
Prior to connection to any water line of City, or issuance of building permit (whichever occurs first), or prior to a change in use that results in an increased average daily water use due to the change in use, connectors or developers shall pay to the City a fee for connection to the City's water system as shown below:
7.01-1.1 $1,910 per single-family residence.
7.01-1.2 $1,164 per dwelling unit for multi-family developments.
7.01-1.3 $5.97 per gallon per day of estimated average daily water use for non-residential sites.
Notwithstanding the foregoing, connectors or developers with projects meeting the following criteria shall be subject to the provisions of this section in effect prior to the effective date of the amendments to this section enacted by Ord. No. 120.41:
(a) Projects requiring discretionary planning approval with applications that are deemed complete prior to July 15, 2003; and
(b) Projects that do not require discretionary planning approval that receive building permits prior to July 15, 2003.
7.01-2 Front Footage Fees: Connector shall pay the sum of Eight Dollars ($8.00) per front foot for each foot of connector's land which borders on a water main of City installed by City, or for which funds have been advanced by City or concerning which City has entered into a front foot reimbursement contract, even though said land may not receive water service by direct connection to said main; provided, however, connector shall not be required to pay more than One Thousand Six Hundred Eighty Dollars ($1680.00) per dwelling unit on his land.
(a) Corner Lots: Connector shall pay one-half (½) of the established front footage fee per front foot for the first one hundred feet (100′) on each side of a corner created by the intersection of two (2) water mains; connector shall pay the full established front footage fee for any footage in excess of the first one hundred feet (100′) on each side of said corner; provided, however, that in no event shall connector pay less than the full established front footage fee multiplied by the number of front feet on the longest side of said corner.
7.01-3 Dwelling Unit Benefit Fee: A hillside connector shall pay such charges as required pursuant to this Chapter for pumps, storage tanks, mains and facilities and for the additional cost of providing water service in the hillside zone for which funds have been advanced by City or concerning which City has entered into a dwelling unit benefit district reimbursement agreement.
7.01-4 Hillside connectors shall be required to pay acreage fees. Hillside connectors shall also be required to pay front foot fees unless connection fees have been computed on the basis of a dwelling unit benefit district.
7.01-5 (a) Fire Hydrant Fees: Connector shall pay a front foot fee for each foot of connector's land which borders on any street of City, provided either:
(1) City has previously installed fire hydrants, or
(2) Connector is not required by the Fire Chief to construct fire hydrants in accordance with Section VIII-1-6.04.
(b) This Subsection shall not apply in the following cases:
(1) Connector was required to previously construct fire hydrants in the adjoining street as a condition precedent to issuance of a rezoning or approval of a tentative map.
(2) Connector's land is included within the boundaries of Local Improvement District No. 3.
The fire hydrant front foot fee shall be equivalent to the cost of installation in accordance with a Resolution of Costs of Improvements adopted by the City Council.
(Ord. 120.41 (part), 6/3/03: Ord. 120.1, 4/6/65; Ord. 120 (part), 9/1/64)
VIII-1-7.02 - Exception¶
All land included within the boundaries of Local Water Improvement District No. 1, Milpitas, California, and that was assessed for construction of improvements shall be exempted from the requirement of acreage fees under Subsection VIII-1-7.01 of this Chapter and shall be exempted from front foot fees for frontage along any main installed pursuant to assessment proceedings for Local Water Improvement District No. 1, Milpitas, California.
(Ord. 120 (part), 9/1/64)
VIII-1-7.03 - Payment of Fees¶
7.03-1 Fees due and payable by connector shall be paid prior to connection or recordation of a subdivision or parcel map or the issuance of a building permit to connector, whichever is earlier.
7.03-2 If connector is also an installer, fees due and payable by installer as a connector shall be paid prior to the approval of the plans and specifications of the water system to be installed.
(Ord. 120 (part), 9/1/64)
[Section 8 - Reimbursement]
VIII-1-8.00 - Reimbursement¶
VIII-1-8.01 - Policy¶
The City Council hereby declares it to be the policy of the City to require installers and connectors to share equitably, on a pro-rata basis, in the costs of mains and facilities necessary to provide water service to the lands of installers and connectors and for the benefit of land other than installers and connectors.
(Ord. 120 (part), 9/1/64)
VIII-1-8.02 - Installer¶
8.02-1 Each installer shall:
(a) Install at his own expense all in-tract and perimeter local services main and valves, and off-site facility as required by City (see 8.02-4).
(b) Pay connection fees as provided in Subsection 7.01.
8.02-2 In-tract excess size mains and facilities: City may require an installer to in-tract excess size mains and facilities. If excess size mains or facilities are required, said installer shall be entitled to a credit for excess costs (as established by Subsection 8.05) incurred thereby in accordance with the provisions of Subsection 8.03-1.
The credit referred to herein (after set-offs to which City is entitled) shall be subject to reimbursement pursuant to a reimbursement agreement as hereafter provided and subject to the conditions hereafter provided.
8.02-3 Perimeter mains: Provided, however, said agreement shall provide for reimbursement to installer of only one-half of the cost of the perimeter mains and facilities. Reimbursement shall be computed on the basis of the front footage of land that develops along the perimeter main in proportion to the total footage of the perimeter main itself.
8.02-4 Water main extension and facilities: If installer installs a water main extension, said installer shall be entitled to apply to the City for reimbursement pursuant to a reimbursement agreement. Said agreement shall provide for reimbursement for the cost of the mains and facilities. Reimbursement shall be computed on the basis of the front footage of land that develops along the water main extension in proportion to the total footage of the water main extension itself.
8.02-5 Provided, however, that installer shall not be entitled to receive reimbursement for front footage fees from land which cannot be served by his perimeter main or water main extension as the result of some barrier such as a State freeway, railroad track, flood control channel or City sphere of influence boundary line.
8.02-6 An installer in the gravity zone shall be entitled to reimbursement only if the excess costs as described in this section are more than the acreage fees said installer is required to pay as a connector in which event reimbursement shall be computed as follows:
| Excess costs | + $ A |
|---|---|
| Minus acreage fees | — $ B |
| Equals Total Amount subject to reimbursement | = $ C |
8.02-7 Hillside Zone Facilities: Each installer of water facilities serving a hillside zone may be required by the City to install mains and facilities which not only benefit said installer's lands, but benefit other lands. In the event of the installation of such improvements, City may establish a hillside benefit district (see 8.03) requiring other connectors to pay a dwelling unit benefit fee (see 7.01-3). City may enter into a reimbursement agreement with installer, providing reimbursement of a portion of the cost of such improvements. The amount to be reimbursed shall be that portion of the cost of improvements equal to the difference between the amount it would have cost the installer to install such improvements to serve installer's land and the actual cost of such improvements.
8.02-8 Nothing herein contained shall be construed to relieve said hillside connector of any responsibility for payment of any fees hereunder in the event of a density transfer pursuant to the provisions of Title XIII of the Milpitas Municipal Code in connection with the land served by water mains provided that an installer who has entered a reimbursement agreement with City, shall not have any benefit under said reimbursement agreement impaired by virtue of any density transfer in connection with land providing fees used to make reimbursement under said agreement.
(Ord. No. 38.858, § 17, 9/2/25; Ord. 120.1, 4/6/65)
VIII-1-8.03 - Reimbursement Procedure¶
8.03-1 Reimbursement Methods
1.1
Methods of reimbursement: In order to pay the costs as required by a reimbursement agreement pursuant to Section 8 of this Chapter, the City may:
(a) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the lands of installer, a reasonable charge for such use;
(b) Contribute to the installer that part of the cost of the improvements that is attributable to the benefit of real property outside the lands of installer and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the installer; and
(c) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefitted.
1.2
Before installer shall be entitled to credit for excess costs or reimbursement from the City, the following conditions shall be met:
(a) System Analysis Report: City Engineer shall investigate and report to City Council upon the installer's proposed water system plan. Said investigation and report shall include the following:
(1) Consideration of the adequacy of the system to serve installer's land.
(2) Consideration of the adequacy of the system to serve lands beyond the limits of installer's land, but within the City service area.
(b) Reimbursement map: A map outlining the boundary of the real property which is benefitted by the improvements, and which states the amount to be reimbursed with respect to each unit connection therein, shall be reviewed by the City Engineer and submitted to the City Council. The lands included within the boundary on said map shall be known as a "Benefit District" and said map shall be known as a "reimbursement map."
8.03-2 Establishment of Benefit District
Should City fund the reimbursement by establishing a benefit district, the following conditions shall be met:
(a) Public Hearing: No area of benefit or benefit district shall be established unless and until a public hearing is held thereon by the City Council regarding the systems analysis report and the map, and the City Council finds that the fee or charge and the area of benefit is reasonably related to the cost of improvements and the actual ultimate beneficiaries thereof.
(b) Notice of Hearing: Notice of the time and place of the public hearing and a general description of the location of the benefit district, shall be published once in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. In addition to this notice, written notice of the hearing shall be given to the installer and to those who own property within the proposed benefit district as shown on the latest equalized assessment role. Such notices shall be mailed at least ten (10) days prior to the date established for hearing.
8.03-3 Reimbursement Agreement
(a) The City Council shall consider the system analysis report from the City Engineer and reimbursement map. It shall authorize reimbursement according to the terms and conditions of this chapter and may require such additional terms and conditions as the Council shall, in its discretion, determine to be just and equitable.
(b) Conditions for reimbursement shall be incorporated in a written agreement pursuant to this Chapter which shall include, but not be limited to, the amount and period of reimbursement and the manner of payment thereof, and the reimbursement map as approved by the City Council. Said agreement shall provide for annual disbursements of the charges collected from the land described in the reimbursement map and for termination upon repayment of an amount equal to the amount of reimbursement due. The term of said agreement shall not exceed 20 years, and if full reimbursement has not been made by said termination, installer shall not be entitled to further reimbursement. Said agreement shall prohibit the assignment (voluntarily or by operation of law) of the agreement or any rights thereunder without City's written consent which shall not be unreasonably withheld. Said agreement shall provide for reimbursement only after completion of the improvements in accordance with an improvement agreement providing for construction of the water facilities and for transfer of title to the City. Said reimbursement agreement shall include such other covenants and conditions as the City Council may require.
8.03-4 No interest shall be payable under any reimbursement contract.
(Ord. 120 (part), 9/1/64)
VIII-1-8.04 - Special Funds¶
8.04-1 There is hereby established a Water Main Extension Fund into which shall be deposited all funds collected under subsections 8.04-3 and 8.04-4 and into which may be deposited any surplus from operation of the water system. Said funds shall be used for the following purposes:
(a) Funding advance-in-aids under Subsection 10.01.
(b) Credits for costs in excess of acreage fees under Subsection 8.02 and for payment of City's obligations under reimbursement contracts.
(c) Establishment of storage and pumping facilities together with necessary land and appurtenances thereto.
(d) Expanding the City water supply and distribution system.
(e) A contingency fund for water system needs and improvements as the City Council, in the exercise of its discretion, shall determine.
8.04-2 (a) Front Foot Benefit District: The total frontage of the water main in said front footage benefit district shall be divided into the length of the land (of the subsequent installer who is charged with contribution toward reimbursement) fronting along said water main. The resulting percentage shall be multiplied by the total amount which the installer to be reimbursed shall be entitled to receive under his reimbursement contract. The product of said multiplication shall be the amount of the fees deposited with the City.
(b) Dwelling Unit Benefit District: All charges collected by City from lands included in a dwelling unit benefit district shall be deposited to the credit of installer entitled to reimbursement.
8.04-3 That portion of the fees collected in a given case in excess of the product computed in 8.04-2 (a) above shall be deposited in a special fund known as the Water Main Extension Fund.)
8.04-4 Those fees collected by City under Subsection 7.01 for lands which are not included in a front footage benefit district or which are included in a benefit district for which full reimbursement has been made or for which reimbursement no longer need be made (as a result of the termination of a reimbursement agreement) shall be deposited in the Water Main Extension Fund.
(Ord. 120.8, 7/21/70; Ord. 120.1, 4/6/65)
VIII-1-8.05 - Excess Cost¶
Excess cost shall be computed based on the water main and valve prices listed in this Section. Reimbursement contract prices will be based on the water main and valve costs established in this section.
| Water Main | Price per Lineal Foot in Place | Excess Cost Allowable |
|---|---|---|
| 6″ | $ 4.00 | None* |
| 8″ | 5.00 | None* |
| 10″ | 6.25 | $1.25 |
| 12″ | 7.50 | 2.50 |
| 14″ | 9.50 | 4.50 |
| 16″ | 12.00 | 7.00 |
| Valves | Price Per Valve in Place | |
|---|---|---|
| 6″ | $ 103.00 | None* |
| 8″ | 161.00 | None* |
| 10″ | 256.00 | $ 95.00 |
| 12″ | 309.00 | 148.00 |
| 14″ | 746.00 | 585.00 |
| 16″ | 1150.00 | 989.00 |
* Local Service Mains as defined in Subsection 2.15. Other costs as allowed by the City Council based on typical costs.
(Ord. 120.1, 4/6/65)
VIII-1-8.06¶
No interest shall be payable on any fund hereunder to installer or connector.
(VIII-1-7.00 and VIII-1-8.00, Ord. 120.22, 9/18/84)
Section 9 — Adjustments and Exceptions¶
VIII-1-9.01 - Applications for Exceptions Made to the City Council¶
The City Council hereby retains the right to make adjustments and exceptions to provisions of this ordinance in order to vary or modify the strict application thereof in cases in which there are practical difficulties or unusual hardships in the way of such strict applications or in the interest of justice. Application for any adjustment or exception shall be made to the City Council in writing or an adjustment or exception may be made by the City Council on its own motion.
(Ord. 120 (part), 9/1/64)
Section 10 — Reimbursement Contracts and Advance-in-Aids¶
VIII-1-10.01 - Advance-in-Aid¶
When the City Council determines that the best interests of the City shall be served by an extension of a water main, it may agree to an advance-in-aid to be paid upon acceptance of completed water main construction. Said advance-in-aid may be for all or any part of cost of said water main extension.
10.01-1 Source of monies for such advance-in-aid shall be the Water Main Extension Fund of the City.
10.01-2 Each application for advance-in-aid under this section shall include the following items which shall be evaluated by the City Council prior to allocation of funds:
(a) Requested amount of advance.
(b) Any public purpose which may be served.
(c) Number of acres served in the development.
(d) Potential fees from the development.
(e) Any direct benefit to the Water system.
10.01-3 The City Council may approve or reject any or all parts of any application made for advance-in-aid under this section. Nothing contained in this section shall be construed as requiring the City to spend all or any part of monies in the Water Main Extension Fund.
(Ord. 120.1, 4/6/65)
Section 11 — Design Standards¶
VIII-1-11.01 - Design Standards¶
The standards specified in this section are hereby established as design standards of the City. All water mains and services constructed by the City or for dedication to the City shall be designed in accordance with said standards.
(Ord. 120 (part), 9/1/64)
VIII-1-11.02 - Design Standards Established¶
Said design standards are hereby established as follows:
11.02-1 In residential areas design shall provide for a fire flow of 1500 gallons per minute plus a simultaneous demand of 2 gallons per minute per residence.
11.02-2 In commercial areas design shall provide for a fireflow of 3000 gallons per minute plus the simultaneous maximum demand of the area.
11.02-3 In industrial areas design shall provide for a fireflow of 5000 gallons per minute plus the simultaneous maximum demand of the area.
11.02-4 Pipe sizes shall conform to the established grid system of the District.
(Ord. 120 (part), 9/1/64)
VIII-1-11.03 - Construction Standards¶
All construction shall be in conformity with the standard construction specifications as adopted by the City and in effect at the time of construction.
(Ord. 120 (part), 9/1/64)
VIII-1-11.04 - Hydrants Required¶
When any land served by the City of Milpitas water system is developed after the effective date of this section, hydrants shall be installed before the land receives service and shall be approved by and meet the specification of the Fire Department and Public Works Department as to location, size and type of materials and manner of installation.
(Ord. 120.3, 2/1/66)
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