Portola Municipal Code Art. II General Use Regulations

A. In the event an applicant, a developer, and/or owner, is required to install, and pay for, all or part of the improvements, services and facilities required to be installed by the city, the city may enter into a reimbursement agreement for all or part of the cost incurred by the applicant. Reimbursement may be required for all improvements to include grading, road construction, paving, sewer and water main lines and others not necessarily enumerated. The city reserves the right to determine the amount(s) to be repaid and reserves the right to enter into a reimbursement agreement.

B. In the event a reimbursement agreement is entered into, the term shall not exceed the period of ten years. Reimbursements shall be considered only upon written request and repayment shall be authorized by resolution only. The application for reimbursement shall be approved only if eighty percent of the full council approves reimbursement. Reimbursement shall not be authorized unless the funds used for reimbursement by the city are collected by the city from subsequent users or developers, collectively referred to as applicant.

C. The amount and terms of all reimbursement agreements shall be at the sole discretion of the council and shall be based on concurrence between the original applicant and the subsequent users of the improvements, it being the intent of the council that city funds are not used for reimbursement purposes.

D. The council may reimburse the initial applicant for water and sewer lines in an amount not to exceed fifty percent of collected hook-up fees. Repayment obligation shall cease upon the occurrence of one of the following events:

1. Expiration of ten-year period;

2. Initial applicant has been repaid;

3. No further hook-ups can be permitted;

4. All connections are completed.

Proof of the costs shall be submitted to the director of public works on or before completion of the construction or installation of the line. The director of public works shall determine the date certain of acceptance of the line by the city. The party requesting the reimbursement agreement must apply for reimbursement within one year from the date of acceptance.

E. The provisions of this section shall apply only to improvements within the city limits.

F. The reimbursement agreement shall be transferable to the successors in interest of the initial applicant. In no event shall the agreement remain in effect longer than ten years from the date of its inception.

(Ord. 237, 1991: Ord. 225 (part), 1988)

The applicant may apply for as many services as may be reasonably required for his premises, provided that the pipeline system for each service be independent of the others and that they not be interconnected.

(Ord. 225 (part), 1988)

All facilities installed by the city on private property for the purpose of rendering water service shall remain the property of the city and may be maintained, repaired or replaced by the water department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining such facilities on private property.

(Ord. 225 (part), 1988)

The customer shall be liable for any damage to the service facilities when such damage is from causes originating on the premises, by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees. The city shall be reimbursed by the customer for any such damage promptly on presentation of a bill.

(Ord. 225 (part), 1988)

It is prohibited to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the city. The city will hold the customer liable for any damage to its property occasioned by such ground wire attachments.

(Ord. 225 (part), 1988)

The customer shall provide a valve on his side of the service installation to control the flow of water to the piping on his premises. The customer shall not use the service curbstop to turn water on and off except when absolutely necessary.

(Ord. 225 (part), 1988)

It shall be the responsibility of the public works department to protect the public potable water distribution system from contamination or pollution due to the backflow, or back-siphonage of contaminants or pollutants, through the water service connection. If, in the judgment of the director of public works, or a designated agent, an approved backflow prevention device is required at the city's water service connection to any customer's premises, for the safety of the city water system, the director or designated agent shall give notice in writing to the customer to install such an approved device at each service connection to their premises. The customer shall immediately install such device, at their expense. Failure, refusal or inability on the part of the customer to install such a device shall constitute grounds for discontinuing water service to the premises until such device has been properly installed.

(Ord. 225 (part), 1988)

Any backflow prevention device required by this code shall be a model and size approved by the public works director. The term "approved backflow prevention device" means a device that has been manufactured in full conformance with the standards established by the American Water Works Association (A.W.W.A.) entitled:

A.W.W.A. C 506-78 Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices;

has met completely the laboratory and field performance specifications of the Foundation for Cross Connection and Hydraulic Research of the University of Southern California or other recognized institution; and has met the specifications of Backflow Prevention Devices No. 69-2 of the most current issue. Said A.W.W.A. and F.C.C. and H.R. standards and the public works department shall maintain a current list of approved devices.

(Ord. 225 (part), 1988)

Prior to installation of any such devices the customer shall submit to the public works director a statement containing the make and model of the device for approval. Failure to do so could result in the installation of a nonapproved device.

(Ord. 225 (part), 1988)

It shall be the duty of the customer-user at any premises where such devices have been installed to have certified inspections and operational tests made at least once a year. If in the opinion of the director or his designated agent a hazard is great enough, he may require a certified inspection at more frequent intervals. These inspections and tests shall be done at

All authorized employees of the city shall have reasonable access to any premises supplied with services for the purpose of making inspections for cross-connection control, inspections of the water system, and water meters upon such premises.

(Ord. 225 (part), 1988)