Chapter 15.08

MUNICIPAL WATER SYSTEM*

Parts:

• 1 Definitions 2 Service Areas 2.5 Rates and Charges for Potable Water Service

• 3 Description of Service 4 Application for Connection 5 Fire Hydrants 6 Service Connections 7 Fees and Charges 8 Main Extensions 9 Water Main Reimbursement Funds 10 Municipal Water System Major Water Facilities Fee

15.08.160 Private fire protection service connection.

15.08.180 Public fire hydrant service connection.

• 15.08.220 Water mains.

15.08.230 Water main area charge and frontage charge.

Sections:

Part 1

DEFINITIONS

Unless the context otherwise requires, the words and phrases in this Part 1 shall have the following meanings and shall govern the construction of this Chapter 15.08.

(Prior code § 7600.)

15.08.010 Definitions generally.

15.08.020 Actual costs.

15.08.030 Applicant.

15.08.040 Backup facilities.

15.08.050 City.

15.08.060 Department.

15.08.070 Director.

15.08.080 Engineering costs.

15.08.085 Equivalent dwelling unit.

15.08.090 Fiscal year.

15.08.100 Land and interest in land.

15.08.110 Main extension.

15.08.115 Major water facility.

15.08.120 Municipal water system.

15.08.130 Person.

*State law reference— For statutory provisions on municipal water systems, see Gov. Code § 38730 et seq.

"Actual costs" means the cost of labor and materials of installing water mains and service connections and all costs incidental thereto other than engineering costs.

(Prior code § 7600.1.)

"Applicant" means a person applying for water service.

(Prior code § 7600.2.)

"Backup facilities" means sources of water supply, wells, storage reservoirs, standby facilities, meters and meter facilities (excluding individual customer meters), office equipment, operating vehicles, tools and special equipment, water treatment facilities, communication facilities, lands and interests in land.

(Prior code § 7600.3.)

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§ 15.08.050

"City" means the City of San José, a municipal corporation of the state of California. (Prior code § 7600.4.)

"Department" means the department of environmental services, or such other department designated by the city manager to administer this chapter.

(Prior code § 7600.5; Ord. 29031.)

"Director" means the director of environmental services, or such other director designated by the city manager to administer this chapter. (Prior code § 7600.6; Ord. 29031.)

"Engineering costs" as used in this chapter means the costs of preparing detailed plans and specifications for water facilities, inspecting the construction of water facilities, and all overhead and administrative charges attributable to these actions. (Prior code § 7600.7; Ord. 23975.)

"Equivalent dwelling unit" (EDU) as used in this chapter means any use of land which is projected to use an average of four hundred gallons of water per day from the municipal water system. (Ord. 23975.)

"Fiscal year" means a period of twelve months commencing July 1st and ending June 30th. (Prior code § 7600.8.)

rights, subversion rights-of-way, and other like interests in land for the production or transmission of water.

(Prior code § 7600.9.)

"Main extension" means the extension of water mains beyond existing facilities. (Prior code § 7600.10.)

"Major water facility" for purposes of Part 10 of this chapter means any improvement to the municipal water system of the city including, but not limited to, any installation that is used to store, transmit, purify, treat, pressurize, measure, pump or extract water, such as reservoirs, storage tanks, groundwater wells, pump stations, turnout connections to water supply sources, transmission mains, site improvement or appurtenant installations to accommodate growth and development. (Ord. 23975.)

"Municipal water system" means the water system consisting of backup facilities, water mains and service connections owned and operated by the city.

(Prior code § 7600.11.)

"Person" means any individual, corporation, association, partnership, or any other private entity, or any governmental agency or body including the federal government, the state, the county, a city (excluding the City of San José), or any of their subdivisions.

(Prior code § 7600.12.)

"Land and interest in land" means land owned in fee by the city and used for water facilities, and rights, interests and privileges held by the city such as leaseholds, easements, water rights, diversion

"Premises" means the integral property or area, including improvements thereon, to which water service is or is to be provided; and which is undivided by public streets or water mains of the municipal water system, except that such division may be

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§ 15.08.210

permitted in the case of industrial, agricultural and public or quasi-public institutions, and where all parts of the premises are operated under the same management and for the same purpose. (Prior code § 7600.13.)

"Private fire protection service" means fire protection facilities not owned or operated by a public agency, located on private property, and used solely for the purpose of fire protection and which are regularly inspected by underwriters and which are installed in accordance with specifications approved by the department and which are maintained to the satisfaction of the department. (Prior code § 7600.14.)

connection.

"Private fire protection service connection" means the pipe or tubing and fittings necessary to conduct water from the water main to the customer's property line for private fire protection service. No meter is included in such service connection, but it does include a detector check meter for the determination of leakage and/or wrongful use of water from the private fire protection facilities. (Prior code § 7600.15.)

of-way and which are owned, operated or controlled by a public agency and are connected to the municipal water system.

(Prior code § 7600.16.)

"Public fire hydrant service connection" means the pipe or tubing and fittings necessary to conduct water from the water main to the public fire hydrant. No meter is included in such service connection.

(Prior code § 7600.17.)

"Rules and regulations" means rules and regulations for the municipal water system established, adopted or approved by resolution of the city council.

(Prior code § 7600.18.)

"Service area" means the Evergreen Water Service Area, the North San José Water Service Area, or the Alviso Water Service Area described in Part 2 of this chapter.

(Prior code § 7600.19.)

"Projected average daily water use" means the estimate of the likely total annual water use of a premises divided by three hundred sixty-five days. The likely total annual water use shall be determined based on all information provided to the director as well as the use of standardized water use calculations as applied in San José Municipal Code Section 15.16.180 for the treatment plant connection fees. Due consideration shall be given by the director to the use of water conservation measures or devices proposed for use within the structure or development.

(Ord. 23975.)

"Public fire hydrants" means fire hydrants located in public streets or public easements or rights-

"Special assessment proceeding" shall mean a proceeding whereby real property is made subject to an assessment or special tax, whether contingent or otherwise, which constitutes a lien on the property and which is used to finance public water facilities benefitting the property assessed. (Ord. 23471.)

"Standard service connection" means the pipe or tubing, fittings, valves, meter and meter boxes necessary to conduct water from the water main to and through the meter or to the curb stop or shutoff valve on an unmetered service connection, to the point where connection is made to facilities of

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§ 15.08.210

the customer other than public fire hydrant service connections and private fire protection service connections.

(Prior code § 7600.20.)

"Water mains" means all water lines owned by the city, including necessary appurtenances such as fittings, valves, valve housings, anchors, air vents, vacuum breakers, and blowoff facilities, but excluding backup facilities and service connections. (Prior code § 7600.21.)

"Water main area charge and frontage charge" means the charge established by this chapter for the privilege of connecting premises to the municipal water system. Such charges may from time to time be increased or decreased by amendment of this chapter.

The Alviso water service area consists of all that territory situate within the boundaries of the former City of Alviso as said boundaries existed immediately prior to the consolidation of said City of Alviso with the City of San José, but only so long as said territory remains part of the City of San José.

(Prior code § 7601(3).)

The Edenvale water service area consists of all that territory situated within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that area designated "Edenvale Water Service Area" shown on that certain map entitled, "San José Municipal Water System-Edenvale Water Service Area-Coyote Water Service Area," on file in the office of the city clerk.

(Ord. 22278.)

(Prior code § 7600.22.)

Part 2

SERVICE AREAS

Sections:

15.08.260 Alviso water service area.

15.08.265 Edenvale water service area.

• 15.08.270 Evergreen water service area.

15.08.275 Coyote water service area.

15.08.280 North San José water service area.

15.08.290 Change in size of areas.

• 15.08.300 Connections for property located outside water service area.

The service areas of the municipal water system consist of those areas described in Sections 15.08.260 through 15.08.280. (Prior code § 1607(part).)

The Evergreen water service area consists of all that territory situate within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that area designated "Evergreen Water Service Area" shown on that certain map entitled "San José Municipal Water System-Evergreen Water Service Area," on file in the office of the city clerk, and all that territory situate within the service area of the Evergreen Water Co., Inc., a California corporation, at the time of acquisition thereof by the city. (Prior code § 7601(1).)

The Coyote water service area consists of all that territory situated within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that [area] designated "Coyote Water Service Area" shown on that certain map entitled, "San José Municipal Water

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§ 15.08.300

System-Edenvale Water Service Area-Coyote Water Service Area," on file in the office of the city clerk.

(Ord. 22278.)

tory located within the boundaries of the former City of Alviso as said boundaries existed immediately prior to the consolidation of said City of Alviso with the City of San José. (Prior code § 7601(2).)

The North San José water service area consists of all that territory situate within the boundaries of the city, County of Santa Clara, as said boundaries exist now or may be changed, which lies within the hereinafter described area:

Generally the area north of Brokaw Road, between Guadalupe River and Coyote Creek, to the northerly boundary of Santa Clara County, more particularly described as follows:

Beginning at a point where the Guadalupe River crosses the Bayshore Freeway (101), said point being the point of beginning of this description; thence continuing generally northerly along said centerline of the Guadalupe River to a point southerly of the Mountain View-Alviso Road, where the City of San José city limit line intersects the Guadalupe River; thence along the City of San José city limit line generally north and northwest to a point in the centerline of Coyote Creek which is a common point in the boundaries of the City of San José, City of Sunnyvale, County of Santa Clara, and County of Alameda; thence generally easterly along the centerline of Coyote Creek being also the common boundary between the County of Santa Clara and the County of Alameda to a point which is a common point in the boundaries of the County of Santa Clara, County of Alameda, the City of Fremont, and the City of Milpitas; thence generally southerly along the centerline of Coyote Creek to a point in the centerline of Nimitz Freeway; thence along the centerline of Nimitz Freeway to the centerline of Brokaw Road; thence generally west along centerline of Brokaw Road westerly to the true point of beginning, excepting therefrom all that terri-

The city council may from time to time enlarge or reduce the size of said water service areas by amendment of the provisions set forth in this Part 2.

(Prior code § 7601.1.)

• A. Notwithstanding any other provisions of Chapter 15.08 to the contrary, the provisions of this section shall apply to and control applications to connect property located outside the boundaries of the service area of the San José municipal water system.

• B. Application to connect property located outside the boundaries of the service area of the San José municipal water system, and outside the boundaries of the city, may be granted only if all of the following conditions exist:

  1. There is a failure of an existing water supply to the property and there is no other source of water supply available to the property; and

  2. The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and

  3. The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.

  4. If the property to be served is located adjacent to or coterminous to the boundaries of the city, the applicant has filed an application for annexation of the property to be served into the City of San

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§ 15.08.300

José, and the applicant has waived any and all rights to a San José municipal water system water connection in the event annexation of applicant's property does not take place.

5. Water served by the municipal water system will only be used to serve uses existing on the property at the time of commencement of the service.

• C. Application to connect property located outside the boundaries of the service area of the San José municipal water system, and within the boundaries of the city, may be granted only if all of the following conditions exist:

  1. There is a failure of an existing water supply to the property or there is no other source of water supply available to the property; and

  2. The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and

  3. The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.

• D. The granting of a water connection to property located outside the service area of the San José municipal water system is hereby declared to be a mere privilege revocable at the pleasure of the council, and this privilege may be granted or withheld in the absolute discretion of the city council.

• E. Nothing contained herein shall be construed as limiting the discretionary power of the city. The council, in the exercise of its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified herein. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.

erein shall be construed as limiting the discretionary power of the city. The council, in the exercise of its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified herein. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.

• (Prior code § 7601.2; Ords. 18670, 25962.)

Part 2.5

RATES AND CHARGES FOR POTABLE WATER SERVICE

Sections:

The purpose of the provisions of this Part 2.5, and the potable water rates and charges to be established pursuant to this Part 2.5, is to generate revenue sufficient to make the expenditures required under subsections A., B. and C. of Section 4.80.630 of this Code and to generate such additional revenue as may be allowable under subsection D. of Section 4.80.630 of this Code. Any rate increase for the express purpose of increasing transfers to the general fund to meet the maximum amounts allowed in Section 4.80.630D.2. is prohibited. (Ord. 26903.)

• A. Rates and charges for potable water service, including meter charges and quantity rates, shall be established from time to time by resolution of the city council.

• B. Rates and charges for potable water service may vary by water service area, and by zone within a water service area.

• C. Written notice of any proposed increase in rates and charges for potable water services shall be provided in advance of approval of any rate or charge increase, as follows:

  1. Notice shall be published in a newspaper of general circulation at least fifteen days in advance of city council consideration of such increase.

  2. Notice shall be sent directly to the customer with the customer's regular water bill if a bill is due to be sent to the cus-

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§ 15.08.330

tomer between the time an increase is proposed and the increase is scheduled to be considered by the city council.

(Ord. 26903.)

• A. Any bill for municipal water service not paid by the due date specified in the bill shall be deemed delinquent.

• B. If any bill for municipal water service becomes delinquent, a late charge in an amount set forth in the Schedule of Fees established by resolution of the City Council shall be added to the bill. The late charge shall be in addition to any administrative charges imposed for reconnection of service in the event of service shut-off due to non-payment.

• C. Notwithstanding subsection B. above, the Director of Finance may cancel the late charge for municipal water service if:

  1. The person whose name appears on the bill can demonstrate that, prior to its due date, the bill was not received for the billing period for which the late charge is imposed; and

  2. The person whose name appears on the bill files a request for cancellation with the Director of Finance within ninety (90) days of receiving notice of the late charge.

imposed on a bill for municipal water service, in an amount not to exceed Five Hundred Dollars ($500) if:

1. The person whose name appears on the bill requests a cancellation within thirty (30) days of receiving notice of the late charge; and

2. During the twenty-four-month (24) period immediately preceding the billing date on the bill on which the late charge first appears, the person whose name appears on the bill has not been granted any other cancellation of a late charge for municipal water service provided to the premises for which the bill was issued; and

3. Prior to the cancellation of the late charge, the person whose name appears on the bill pays the delinquent bill for which the late charge was imposed.

• F. Notwithstanding the foregoing, the Director of Finance may cancel the interest charges and late fees on residential municipal water services for those financially unable to pay as set forth and defined in the San José Municipal Water System Rules and Regulations or the City's administrative policies regarding water services.

(Ord. 27709, 30318.)

Part 3

DESCRIPTION OF SERVICE

• D. Notwithstanding subsection B. above, if the Director of Finance determines that a late charge was erroneously added to a bill for municipal water service, the Director may:

  1. Cancel the late charge in any case where the error is discovered prior to the payment of the late charge; or

  2. Refund the late charge in any case where the error is discovered after the late charge has been paid.

• E. Notwithstanding subsection B above, the Director of Finance may cancel any late charge

Sections:

15.08.360 Quantity of supply - Continuity.

15.08.370 Quantity of supply - Measurement.

15.08.380 Normal operating pressure.

15.08.390 Apportionment of supply during times of shortage.

15.08.400 Scheduled interruptions.

15.08.410 Emergency interruptions.

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§ 15.08.350

Whenever furnished for human consumption or for domestic uses, the city will endeavor to provide water that is wholesome, potable, in no way harmful or dangerous to health and, insofar as practicable, free from objectionable odors, taste, color and turbidity. (Prior code § 7602.2.)

During times of threatened or actual water shortage, the city will apportion the available water supply among its customers in the manner that appears most equitable under circumstances then prevailing, and with due regard to public health and safety.

(Prior code § 7602.6.)

The city will endeavor to supply water dependably and safely in adequate quantities to meet the reasonable needs and requirements of customers. It cannot, however, guarantee complete freedom from interruption. (Prior code § 7602.)

All water supplied to customers will be measured by means of suitable standard water meters, unless flat rates are in effect. A cubic foot will be the unit of measurement. (Prior code § 7602.3.)

The city will endeavor to maintain normal operating pressures in the municipal water system of not less than twenty-five pounds per square inch nor more than one hundred fifty pounds per square inch at the service, except that during periods of maximum demand the pressure may be less than twenty-five pounds per square inch and during periods of minimum demand pressures may exceed one hundred fifty pounds per square inch. Additionally, in certain areas of the municipal water system where full development of the system has not occurred, pressures of less than twenty-five pounds per square inch may be encountered. It shall be the applicant's responsibility to obtain information from the department concerning the water pressures to be encountered in the area to be served. It shall also be the applicant's responsibility to provide and maintain any pressure-reducing devices required.

(Prior code § 7602.1.)

Whenever it is necessary to schedule an interruption to its service, the department will, where feasible, notify all customers to be affected by the interruption, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide least inconvenience to the customers consistent with reasonable water service operation. (Prior code § 7602.5.)

The city will make all reasonable efforts to prevent interruptions to service and when such interruptions occur will endeavor to reestablish service with the shortest possible delay consistent with the safety to its customers and the general public. (Prior code § 7602.4.)

Part 4

APPLICATION FOR CONNECTION

Sections:

• 15.08.450 Connection without permit or agreement prohibited.

• 15.08.460 Contents of application.

• 15.08.470 Permit - Issuance conditions.

• 15.08.480 Individual service connections required when.

• 15.08.490 Service to multiple units on same premises.

• 15.08.500 Resale of water.

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§ 15.08.500

• A. No person shall make connection, either directly or indirectly, to the municipal water system without first making an application therefor and either obtaining a permit from the director or making such connection pursuant to a main extension agreement.

• B. Only premises located within the water service areas may be served from the municipal water system.

(Prior code § 7603.)

Applications for connection to the municipal water system shall be made in writing to the department, shall be signed by the applicant, and shall contain the following:

• A. Date of application;

• B. Location and description of premises to be served;

• C. Date applicant will be ready for service;

• D. Purpose for which service is to be used;

• E. Address of applicant;

• F. Whether applicant is owner, tenant or agent;

• G. Such other information as the department may reasonably require.

• (Prior code § 7603.1.)

Except in those instances where an agreement is required by other provisions of this chapter, and except where the director determines that there is insufficient water supply to provide adequate service to premises or that the water system master plans do not provide for the requested service to such premises, if the applicant has paid all fees and charges and done all other things required by the rules and regulations and by this chapter, the director shall issue a written permit for such connection. (Prior code § 7603.2.)

Separate premises under a single control or management will be provided water service through separate individual service connections unless the department in its sole discretion elects otherwise. (Prior code § 7603.3.)

• A. Separate houses, buildings or living or business quarters on the same premises or on adjoining premises under a single control or management may be served at the option of the department in its sole discretion by either of the following methods:

  1. Through separate service connections to each or any such separate house, building, or living or business quarters;

  2. Through a single service connection to supply the entire premises.

• B. The responsibility for payment of charges for all service furnished to combined units through a single service connection, in accordance with these rules, must be assumed by the applicant.

• (Prior code § 7603.4.)

• A. Except by special agreement with the City upon such terms as the Director elects and authorizes, no person shall resell any of the water provided from the Municipal Water System nor shall such water be transmitted to premises or used upon premises other than those specified in such person's application for service.

• B. This Section does not apply to residential submetering installed, operated, maintained, and billed in compliance with Civil Code Section 1954.201, et seq. or as later amended.

• (Prior code § 7603.5, Ord. 30765.)

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§ 15.08.550

Part 5

FIRE HYDRANTS

Sections:

No person shall take water from a public fire hydrant connected to the municipal water system, except a public agency, charged with the duty of providing fire protection service, within whose geographical jurisdiction such fire hydrant is located, without first obtaining a permit, paying all fees and charges, and otherwise complying with applicable rules and regulations therefor. (Prior code § 7603.20.)

Part 6

SERVICE CONNECTIONS

Sections:

• 15.08.610 Public fire hydrants - Fees and charges - Installation by city when - Location.

• 15.08.620 Private fire protection service connection - Fees and charges - Installation by city.

15.08.630 Private fire protection service connection - Using water for other purposes prohibited.

• 15.08.640 Location of service connections.

• 15.08.650 Location for delivery of water.

15.08.660 Connection remains city property when.

• 15.08.680 City access to customer premises.

• A. An applicant for a standard service connection, other than an applicant who installs a standard service connection pursuant to a main extension agreement, shall pay to the city the following:

  1. The area charge and frontage charge prescribed by Part 7 of this chapter;

  2. The cost of installation of each standard service connection including the actual cost of the service lateral and the cost of restoration of roadway and sidewalks, plus fifteen percent thereof for engineering services, plus the applicable charges as set forth in subsection A. of Section 15.08.820 for the meter.

  3. The major water facilities fee described in Part 10 of this chapter.

• B. Prior to installation of the standard service connection, the applicant shall deposit a sum sufficient to pay the costs described in paragraph A.2. of this section as estimated by the director. Upon completion of installment, any funds remaining from the deposit shall be returned to the applicant. If during installation the director determines that funds in addition to the initial deposit are required, notice of the additional funds required shall be sent to the applicant. The applicant shall pay to the city within ten days of dispatch of the notice such additional funds as are set forth in the notice.

• C. In areas within a service area which do not have dedicated front or rear streets or appropriate easements, standard service connections and private fire protection service connections shall be installed at a convenient point at or near the applicant's property.

• (Prior code § 7604; Ord. 23975.)

• A. Any person who is obligated by any law or ordinance, resolution, rule or regulation to

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§ 15.08.640

provide a public fire hydrant, or who requests that such public fire hydrant be provided, or requests the relocation of an existing public fire hydrant (other than an applicant who is required to install a public fire hydrant service connection pursuant to a main extension agreement) shall pay to the city the following:

1. For the public fire hydrant service connection (which does not include a meter) actual cost plus fifteen percent thereof for engineering costs incurred by city;

2. For the public fire hydrant installed, actual cost incurred by the city plus ten percent thereof for handling and installation, or if relocation of an existing hydrant actual cost of installation of the fire hydrant.

• B. The public fire hydrant and service connection shall be installed by city.

• C. Payment for the service connection and fire hydrant shall be made in advance of installation on the basis of estimates prepared by the department. At the completion of the installation, if the amount paid exceeds the cost of installation and engineering fees, such excess shall be refunded to the person who made payment; if the cost of installation plus engineering exceeds the amount deposited, such person shall upon demand pay such excess to the city.

• D. Public fire hydrants shall be located and installed, maintained and inspected in accordance with the requirements of the department. The location of all public fire hydrants shall be approved by the chief of the fire department of the city.

• (Prior code § 7604.1.)

connection - Fees and charges - Installation by city.

• A. An applicant for a private fire protection service connection, other than an applicant who installs a private fire protection service connec-

tion pursuant to a main extension agreement, shall pay to the city the following fees and charges:

1. The area charge and frontage charge prescribed by Part 7, if not paid pursuant to other provisions of this chapter;

2. The actual cost of installation of the service connection plus fifteen percent thereof for engineering costs incurred by city.

• B. Payment for said service connection shall be made in advance of installation on the basis of estimates prepared by the department. At the completion of the installation, if the amount paid exceeds the cost of installation and engineering fees, such excess shall be refunded to the person who made payment; if the cost of installation plus engineering exceeds the amount deposited, such person shall upon demand pay such excess to city.

• C. The city shall furnish and install such private fire protection service connections within a reasonable time after the payment of said fees and charges and issuance of a connection permit, and subject to the availability of materials.

(Prior code § 7604.2.)

No person shall use water from a private fire protection service connection except for fire protection purposes.

(Prior code § 7604.3.)

• A. In urban areas within a service area, and with dedicated front or rear streets, or appropriate easements, standard service connections and private fire protection service connections will be installed at a convenient place within such roadway or easement or inside the customer's property line, as specified by the department.

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§ 15.08.640

• B. In areas within a service area which do not have dedicated front or rear streets or appropriate easements, standard service connections and private fire protection service connections shall be installed at a convenient point at or near the applicant's property.

• C. All service connections shall be readily accessible from the public street and no service connection shall be installed such that the meter will be more than twenty-five feet from a traveled way over which water system maintenance vehicles can traverse without difficulty or damage to property. If any encroachment permit is needed to install such service connection, the applicant shall obtain such encroachment permit or assist the city in obtaining such encroachment permit. All installations shall be approved as to type, size and location by the director.

(Prior code § 7604.4.)

The service connection will determine the point of delivery of water service to the customer. (Prior code § 7604.5.)

Whenever a service connection is installed wholly or partially upon a customer's premises, the service connection shall remain the property of city. No rent or other charge will be paid by the city where such service connections are located on a customer's premises. (Prior code § 7604.7.)

• A. It shall be the customer's responsibility to furnish and install the necessary piping to make the connection from a standard service connection or a private fire protection service connection to the place of consumption, and the customer shall keep such piping in good repair and in accordance with any requirements imposed by this chapter or by rules and regulations adopted by city. In addition, the cus-

tomer shall furnish and install a main valve on the piping between such service connection and the point of customer's use.

• B. The customer shall not install any quickclosing valve or other equipment or devices upon the customer's premises which will cause excessive pressure surges in the water mains.

• C. The customer shall notify the department in writing prior to making any change in the area being serviced or prior to making any material change in the size, character or extent of the equipment or operations for which the water service is utilized.

• D. The customer shall be responsible for obtaining information from the city concerning the water pressures to be encountered in the area to be served, and for providing and maintaining any pressure-controlling devices required by the city.

• E. If a customer receiving service at the city's main or service connection must elevate or increase the pressure of the water received by means of a pump of any kind, the pump shall not be attached to any pipe directly connected to the city's distribution facilities. Such pumping or boosting of pressure shall be done from a sump, cistern or storage tank which may be served by, but not directly connected to, the city's distribution facilities.

  1. For the purpose of private fire protection service only, customers may request an exception from the requirements of this Section 15.08.670E. by submitting a written application to the director and supporting plans which clearly describe the proposed location of the pump to the director for review and approval. The plans shall include but may not be limited to the following:

     • a. Service point(s);

     • b. Backflow prevention assembly location, make and model;

     • c. Pump characteristics;

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§ 15.08.700

• d. Layout depicting the location of the proposed on-site pump and pipe configuration; and

• e. Any additional information that is requested by the director for the purpose of assisting the director in determining whether or not to grant an exception.

2. If the director determines that the plans satisfy the requirements of this Section 15.08.670E., the director may grant an exception enabling the customer to directly connect the customer's pump to the city's distribution facilities if the director finds that granting the exception:

   • a. Will not reduce water quality or water system reliability; and

   • b. Will not result in water velocities of greater than five feet per second in any main or service pipe within the municipal water system; and

• c. The customer has agreed to install such additional improvements as may be required by the director, including, at a minimum, a reduced pressure principle assembly to provide the necessary backflow prevention; and

  • d. The customer's direct pump connection to the municipal water system facilities is for private fire protection service only and such connection has been reviewed and approved by the fire department; and

  • e. The customer's direct pump connection to the municipal water system facilities complies with all applicable local and state laws and regulations.

(Prior code § 7604.6; Ord. 29031.)

The city and its authorized representatives shall at all reasonable hours have access to meters, service connections and other water facilities owned

by city which may be located on customer's premises for purposes of installation, maintenance, operation, removal and other purposes incidental to the operation of the municipal water system. The customer's water system shall be open for inspection at all reasonable times to authorized representatives of city.

(Prior code § 7604.8.)

• A. The city will not be responsible for any loss or damage caused by any negligence or wrongful act of a customer or of a customer's authorized representatives in installing, maintaining, operating or using any or all appliances, facilities or equipment for which service is supplied.

• B. The customer will be held responsible for damage to the city's meters and other property resulting from the use or operation of appliances and facilities on customer's premises, including but not limited to damage caused by steam, hot water or chemicals.

(Prior code § 7604.9.)

Part 7

FEES AND CHARGES

Sections:

Any person who makes application for water service from the municipal water system, and other than in situations requiring extension of water mains, shall as a condition precedent to the issuance of a connection permit, or if made pursuant to a main

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extension agreement as a condition of such agreement, and if the main extension is needed to serve a proposed subdivision as a condition precedent to the recordation of a final subdivision map, pay to city the following water main area charge and frontage charge:

• A. Area charge: Five hundred dollars per acre for premises to be served other than public school, three hundred seventy-five dollars per acre for public school premises.

• B. Frontage charge:

  1. In areas where the City of San José fire department has determined fire flows required under Chapter 17.16, Fire Protection for New Construction to be four thousand gallons per minute (GPM) or less:

     • a. Existing six-inch diameter or smaller water lines, four dollars and fifty cents per front foot of premises fronting on existing lines.

     • b. Existing eight-inch diameter or larger water lines, six dollars per front foot of premises fronting on existing lines.

  2. In areas where the City of San José fire department has determined fire flows as under Chapter 17.16, Fire Protection for New Construction to be over four thousand gallons per minute (GPM):

     • a. Existing six-inch diameter or smaller water lines, four dollars and fifty cents per front foot of premises fronting on existing lines.

     • b. Existing eight-inch diameter, six dollars per front foot of premises fronting on existing lines.

     • c. Existing ten-inch diameter water lines, seven dollars per front foot of premises fronting on existing lines.

• d. Existing twelve-inch diameter or larger water lines, ten dollars per front foot of premises fronting on existing lines.

• (Prior code § 7605; Ords. 20229, 21620, 21754.)

Whenever the city council finds that the application of the area and frontage charges established by this part to a given premises to be unfair or inequitable or would result in unnecessary hardships because of the unusual circumstances peculiar to such premises, the council may, by resolution, grant an adjustment to or exception from the area and frontage charge applicable to such premises which would be fair and equitable for land concerned.

(Prior code § 7605.01.)

The city reserves the right to increase or decrease or otherwise alter or amend the fees and charges set forth in this part by amendment hereof without liability to any applicant or other person and further reserves the right to impose additional and different fees and charges.

(Prior code § 7605.2.)

Part 8

MAIN EXTENSIONS

Sections:

• 15.08.760 Preparation of cost estimates, plans and specifications.

• 15.08.770 Costs - Responsibility of applicant - Deposit required when.

• 15.08.780 Contract provisions designated.

• 15.08.790 Ownership, design and construction of facilities.

• 15.08.800 Area and frontage charges for extensions - Excess costs.

• 15.08.810 Engineering costs.

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15.08.820 Charges for service connections - Where applicant installs main extension.

• 15.08.830 Charges for service connections - Where city installs main, applicant paying actual cost.

• 15.08.840 Reimbursement - Amounts credited.

• 15.08.850 Reimbursement credits for city work authorized when.

• 15.08.860 Adjustments and exceptions - Council authority.

Extensions of the water mains in the water service areas of the municipal water system shall be limited to those main extensions which conform to the master plans for water service for the respective water service area, and further to those main extensions which will provide sufficient and adequate water service to premises proposed to be served. Such extensions shall be further limited if the city council shall determine that the proposed extension is not currently feasible for construction and operation as part of the municipal water system. (Prior code § 7606.)

• A. Upon written request of an applicant for water service, in those situations where a water main extension is required to serve the applicant's premises, the department shall prepare and provide to such applicant, without charge, a preliminary layout of the main extension, showing sizes and location and rough estimates of the costs of installation and applicable charges and fees.

• B. Upon written request of each applicant therefor, the department will prepare detailed plans and specifications for such main extensions. Such written request must be accompanied by a deposit in an amount equal to the cost of

preparation of such plans and specifications as estimated by the department. The department shall make such plans and specifications and cost estimates available to such applicant within a reasonable time after such written request is made and said sum is so deposited, and after such plans and specifications have been approved by the city council. If the extension is to include oversized facilities, appropriate details shall be set forth in the plans, specifications and cost estimates.

• C. In the event a main extension contract is executed by the applicant and the city within one hundred eighty days after the city council has approved such detailed plans and specifications, said deposit shall be credited against costs of engineering required to be paid pursuant to Section 15.08.810.

• D. When detailed plans, specifications and cost estimates are requested from the department, the applicant for a main extension shall furnish three copies of a map to a suitable scale showing the street and lot layouts and, when requested by the department, contours or other indication of the relative elevation of the various parts of the area to be developed. If changes are made subsequent to the presentation of this map by the applicant, and these changes require additional expense in revising plans, specifications and cost estimates, this additional expense shall be borne by the applicant, and he shall deposit an additional sum to cover the cost thereof, which additional sum shall not be credited against any payment required to be made by Section 15.08.810.

• E. In lieu of the preparation of detailed plans and specifications by the department, an applicant may submit to the department plans and specifications prepared by licensed engineers (at applicant's sole cost and expense) conforming to the preliminary layout prepared by the department, provided that such plans shall be subject to the approval of the department and the city council.

• (Prior code § 7606.1.)

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• A. If a water main extension is required, as determined by the department, to serve the premises of an applicant for water service, the city may in its sole discretion require such main extension and shall require the applicant to pay the cost of service connections. Such main extensions and installation of service connections may be accomplished in city's sole discretion either:

  1. By contract between the city and applicant whereby applicant installs all such water mains and service connections (except meters) and pays the engineering costs and the fees and charges hereinafter prescribed; or

  2. By contract between applicant and city whereby city agrees to install the main extensions and service connections and applicant pays to city the actual cost of installation of said water mains and of said service connections and engineering costs, together with the fees and charges hereinafter prescribed.

• B. The city may, but will not be required to, make extensions under this rule in easements or rights-of-way where final grades have not been established, or where street grades have not been brought to those established by the city. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed, the department shall require that the applicant for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lowering facilities upon establishment of final grades.

• Adjustment of any difference between the

• amount so deposited and the actual cost of relocating, raising or lowering facilities shall be made within ten days after the department has ascertained such actual cost. The net deposit representing actual cost is not subject to refund. The entire

deposit related to the proposed relocation, raising or lowering shall be refunded when such displacements are determined by the department to be not required.

(Prior code § 7606.2.)

The main extension contract referred to in this part shall provide for the following:

• A. Payment by applicant to city of all applicable fees and charges and deposits specified in this part. If the fees and charges required to be paid by an applicant are on an actual cost basis, he shall deposit the amount of such cost as estimated by the department, plus applicable engineering fees, with provision made for adjustment upon completion of the installation and determination of actual cost.

• B. Conveyance to city by the owner of the premises to be served of all rights vested in such owner to take water from any source, including but not limited to the underground basin and authorization to city to take such water from said source.

• C. The purchase by city at any time at city's option of all rights of an applicant, its successors or assigns, in and to any reimbursement provided for in any main extension contract, by paying to applicant, its successors or assigns, any amount remaining to be reimbursed to said applicant.

• D. Where an applicant is required to install the main extension, filing by applicant with the city of a good and sufficient bond, securing the faithful performance by the applicant of all work and improvements shown on the plans and specifications, and also a good and sufficient bond securing the payment by the applicant of all bills for labor and materials incurred in the construction of any and all of said improvements, the amount of said bonds to equal the estimated cost of said work and improvements. In the event the applicant is, concurrently with the agreement for water main extensions, required to contract with the city

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§ 15.08.800

to make other public improvements, city may permit applicant to file with city a single faithful performance bond and a single labor and material bond covering the improvements required by the contract required by this section and such other improvements. Said bonds shall be filed with city prior to the release of a subdivision map which includes the premises for which service is requested.

• E. Furnishing by applicant of a policy or policies of liability insurance, paid for by applicant, which policy or policies shall meet the requirements for insuring the City of San José, its officers and employees, which are established by resolution of the city council. In the event the applicant is concurrently with the agreement for water main extensions required to contract with the city to make other public improvements, city may permit a single policy of insurance covering all of said work to be filed. Said policy shall be filed prior to the release of any subdivision map which includes the premises for which service is requested.

• F. That all water mains and service connections installed pursuant to any main extension agreement shall be the property of the city.

• G. That it shall be applicant's responsibility to provide city, in such form as approved by city, with easements, rights-of-way, encroachment permits or other rights in real property necessary, as determined by city, for the construction of main extensions, service connections and their appurtenances.

(Prior code § 7606.3; Ord. 19637.)

All main extensions and service connections installed pursuant to a main extension agreement shall be the sole property of the city. The size, type, quality and location of water mains shall be as specified by the city, and shall be installed to the satisfaction of the director.

(Prior code § 7606.4; Ord. 29031.)

Applicants for water service who are required by contract between the applicant and the city to construct or pay for the cost of construction of water main extensions shall pay the area charges and frontage charges prescribed in Section 15.08.700, less excess costs, if any, computed by application of the following designated unit prices to the quantities of water mains shown on the plans and specifications theretofore approved by the city council:

• I. In areas where the City of San José fire department has determined fire flows required under Chapter 17.16, Fire Protection for New Construction to be four thousand gallons per minute (GPM) or less:

  • A. Excess costs for water mains constructed from existing system to applicant's premises, the following unit prices:

    1. 6" diameter pipelines - $9.00 per lineal foot of pipe.

    2. 8" diameter pipelines - $12.00 per lineal foot of pipe.

    3. 10" diameter pipeline - $16.00 per lineal foot of pipe.

    4. 12" diameter pipeline - $20.00 per lineal foot of pipe.

    5. 18" diameter pipeline - $30.00 per lineal foot of pipe.

  • B. Excess costs for water mains constructed along the boundaries of the land proposed to be served and designed and intended to have service connections attached directly to them not only from applicant's premises, but also from other premises abutting the street, right-ofway or easement in which said water lines are to be installed:

    1. 6" diameter pipelines - $4.50 per lineal foot of pipe.

    2. 8" diameter pipelines - $6.00 per lineal foot of pipe.

    3. 10" diameter pipeline - $10.00 per lineal foot of pipe.

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§ 15.08.800

  4. 12" diameter pipeline - $14.00 per lineal foot of pipe. 

  5. 18" diameter pipeline - $24.00 per lineal foot of pipe. 

• C. Excess costs for water mains in excess of eight inches in diameter to be constructed to serve applicant's premises on both sides of said pipelines:

  1. 10" diameter pipelines - $4.00 per lineal foot of pipe.

  2. 12" diameter pipelines - $8.00 per lineal foot of pipe.

  3. 18" diameter pipeline - $18.00 per lineal foot of pipe.

• II. In areas where the City of San José fire department has determined fire flows as required under Chapter 17.16, Fire Protection for New Construction to be over four thousand gallons per minute (GPM):

  • A. Excess costs for water mains constructed from existing system to applicant's premises, the following unit prices:

    1. 6" diameter pipelines - $9.00 per lineal foot of pipe.

    2. 8" diameter pipelines - $12.00 per lineal foot of pipe.

    3. 10" diameter pipeline - $16.00 per lineal foot of pipe.

    4. 12" diameter pipeline - $20.00 per lineal foot of pipe.

    5. 18" diameter pipeline - $30.00 per lineal foot of pipe.

• B. Excess costs for water mains constructed along the boundaries of the land proposed to be served and designed and intended to have service connections attached directly to them not only from applicant's premises, but also from other premises abutting the street, right-ofway or easement in which said water lines are to be installed:

  1. 12" diameter pipeline - $10.00 per lineal foot of pipe. 
  
  2. 18" diameter pipeline - $20.00 per lineal foot of pipe. 
  

• C. Excess costs for water mains in excess of twelve inches in diameter to be constructed to serve applicant's premises on both sides of said pipelines:

  1. 18" diameter pipeline - 10.00 per lineal foot of pipe.

(Prior code § 7606.5; Ords. 20229, 20953, 21620.)

Engineering costs for main extensions required to be paid by an applicant pursuant to the provisions of this part shall be fifteen percent of the cost (computed in accordance with the following unit prices) of the main extension installed or paid for by applicant in accordance with Section 15.08.770; provided, that if the applicant shall submit plans and specifications pursuant to subdivision E of Section 15.08.760, the engineering costs required to be paid by applicant to city shall be 6.5 percent of the cost computed in accordance with the following unit prices of said main extension. Costs of the main extension for the purpose of computing engineering costs payable by such applicants shall be determined by application of the following unit prices to the quantities of main extension shown on the plans and specifications approved by the city council:

• A. 6" diameter pipelines - $9.00 per lineal foot of pipe;

• B. 8" diameter pipelines - $12.00 per lineal foot of pipe;

• C. 10" diameter pipelines - $16.00 per lineal foot of pipe;

• D. 12" diameter pipelines - $20.00 per lineal foot of pipe;

• E. 18" diameter pipelines - $30.00 per lineal foot of pipe.

(Prior code § 7606.9; Ord. 20953.)

An applicant who is required by the terms of a main-extension agreement to install water mains and service connections (except meters) shall pay to

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§ 15.08.850

the city as a condition to commencement of construction of the main extension, or if the main extension is needed to serve a proposed subdivision, as a condition precedent to the recordation of a final subdivision map, pay the city the following:

• A. For water meters in standard service connection:

  1. For each 3/4-inch by 3/4-inch meter - $40.00.

  2. For each 3/4-inch meter - $60.00.

  3. For each 1-inch meter - $90.00.

  4. Meters larger than one inch-Actual cost of meter plus ten percent for handling and installation. The city shall install such water meters subject to the availability of materials when premises are ready for water service.

• B. For fire hydrants. The same charges as prescribed by Section 19.32.070 of this Code for installation of hydrants in subdivisions: applicant shall obtain hydrants pursuant to the city's specifications for fire hydrants, and shall install hydrants in conformance with the plans approved by the director.

• C. For detector check meter in private fire service connection: Actual cost of meter plus ten percent for handling and installation; the city will install the detector check meter when premises are ready for service.

(Prior code § 7606.10; Ord. 29307.)

An applicant who is required by the terms of a main-extension agreement to pay to the city the actual cost of installation of water mains shall, as a condition precedent to the construction by city of such main extension, or if the main extension is

needed to serve a proposed subdivision, as a condition precedent to the recordation of a final subdivision map, pay the city the following:

• A. For each standard service connection, the charges prescribed by subdivision 2 of Section 15.08.600;

• B. For each public fire hydrant service connection and fire hydrant, the charges prescribed by Section 15.08.610;

• C. For each private fire protection service connection, including detector check meter, the charges prescribed by Section 15.08.620.

(Prior code § 7606.11.)

• A. If the excess costs computed as provided in Section 15.08.800 exceed the area charges and frontage charges prescribed in Section 15.08.700, the amount of such excess shall, upon completion of the improvements required by the main-extension agreement and acceptance thereof by the city, be credited in the name of the applicant in the appropriate water main reimbursable fund established by Sections 15.08.900, 15.08.910 and 15.08.920.

• B. No credits for excess costs shall be credited in the name of the applicant pursuant to Subsection A of this section if the improvements required by the main-extension agreement are of a size and capacity no greater than that needed to serve the lands to be connected.

• (Prior code § 7606.7; Ord. 23471.)

If the city shall construct or pay for any main extension from funds other than those advanced and paid to the city by an applicant for the construction by city of a main extension pursuant to a main-extension agreement, upon completion and acceptance of such water main, the entire cost of the main extension computed in accordance with subsection A of Section 15.08.800 shall be credited in the name of the city in the appropriate water

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§ 15.08.850

main reimbursable fund established by Part 9 of this title, and the city shall be reimbursed from such funds at the same time and in the same manner as an applicant. (Prior code § 7606.8; Ord. 22278.)

Whenever the city council finds that the application of the area and frontage charges established by this part to a given premises to be unfair or inequitable or would result in unnecessary hardships because of the unusual circumstances peculiar to such premises, the council may, by resolution, grant an adjustment to or exception from the area and frontage charge applicable to such premises which would be fair and equitable for the land concerned.

(Prior code § 7606.6.)

Notwithstanding anything in this chapter to the contrary:

• A. Whenever land connected to the city water system after June 22, 1990, has been assessed pursuant to special assessment proceedings to pay for the cost of permanent public water facilities, an amount of money based on the cost of water facilities constructed and installed and the amount assessed against such land for the facilities, shall be credited against the area and frontage charges applicable to such land under Section 15.08.700 of this chapter.

• B. If the amount of credits for assessments exceeds the applicable area and frontage charges for such land, all such excess credits shall be extinguished and shall not be applied against future area and frontage charges or otherwise be credited in the name of the applicant. The amounts to be credited pursuant to this section shall be calculated as provided by Section 15.08.800 of this Part 8.

  • C. In no event shall credit for assessments be given for any type of facilities other than those described in Section 15.08.800 of this Part 8.

• (Ord. 23471.)

Part 9

WATER MAIN REIMBURSEMENT FUNDS

Sections:

There is established the Alviso water service area water main reimbursable fund. Said fund shall be administered as follows:

• A. All water main area charges and frontage charges received from applicants for water service within the Alviso water service area shall be deposited in said fund. No other moneys shall be deposited in said fund.

• B. There shall be no obligation, except as provided in this section, on behalf of the City of San José in favor of said fund or in favor of the beneficiaries thereof to reimburse or make any deposits in said fund whether or not the fund at any given time is sufficient to meet the demands made upon it.

• C. Annually, within a reasonable time after the thirtieth day of June of each year, all moneys deposited in the Alviso water service area water main reimbursable fund during the twelve months preceding such June 30th, and any surplus remaining from any years prior thereto, shall be distributed to applicants who as of said June 30th have credits to their accounts in said fund. The amount of payment to

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§ 15.08.910

each said applicant shall be in the same ratio to the total amount contained in such fund as such applicant's credit (without reduction for partial reimbursement) bears to the total credits (without reduction for partial payment) carried in the fund as of said date and which on said date have not been terminated by full reimbursement, provided that no applicant shall be entitled to reimbursement for an amount in excess of his credit in such fund. No portion of such moneys shall be distributed until such time as all those persons referred to in Section 15.08.950 have had an opportunity to enter into reimbursement contracts in accordance with the terms of the mainextension agreements referred to in said Section 15.08.950.

• D. 1. An applicant entitled to reimbursement shall be carried on the reimbursable account until one of the following shall first occur:

  - a. Full reimbursement is made in accordance with the contract between the city and the applicant; 
  
  - b. Twenty years have elapsed from June 30th of the final year in which the applicant's account has been credited; 
  
  - c. Upon purchase by the city of the right to reimbursement pursuant to subsection C. of Section 15.08.780. 
  

  2. Upon occurrence of a or b in subsection D.1. above, the city shall succeed to the reimbursable credit of the applicant in the Alviso water service area water main reimbursable fund, and shall be entitled to all payments due thereon until the total reimbursable amount has been discharged.

(Prior code § 7607.2.)

There is hereby established the consolidated water service area water main reimbursable account. The purpose of the account is to facilitate the imposition of charges and reimbursement of an applicant for water main installation costs when the applicant installs main capacity in excess of necessary main capacity or performs other related services when approved by the city. Said account shall be administered as follows:

• A. All water main area and frontage charges received from applicants for water service within the Edenvale water service area, the Evergreen water service area, the Coyote water service area and the North San José water service area (collectively the "consolidated water service area") shall be deposited in the consolidated water utility fund and accounted for separately within said fund.

• B. The consolidated water service area water main reimbursable account shall be the sole source for payment of reimbursements to or credits made in favor of applicants. No obligation is imposed upon any other funds of the City of San José.

• C. Annually, within a reasonable time after the thirtieth day of June of each year, all moneys deposited in the consolidated water service area water main reimbursable account during the twelve months preceding such June 30th, and any surplus remaining from any years prior thereto, shall be distributed to applicants who, as of said June 30th, have credits to their accounts in said account. The amount of payment to each said applicant shall be in full or in the same ratio to the total amount contained in such account as such applicant's credit (without reduction for partial reimbursement) bears to the total credits (without reduction for partial payment) carried in the account as of said date and which on said date

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§ 15.08.910

have not been terminated by full reimbursement, provided that no applicant shall be entitled to reimbursement for an amount in excess of applicant's credit in such account.

• D. 1. An applicant entitled to reimbursement shall be carried on the reimbursable account until one of the following shall first occur:

  - a. Full reimbursement is made in accordance with the contract between city and the applicant; 
  
  - b. Twenty years have elapsed from June 30th of the final year in which the applicant's account has been credited; 
  
  - c. Upon purchase by the city of the right to reimbursement pursuant to subsection C. of Section 15.08.780. 
  

  2. The reimbursable credit of any applicant who has sold the right of reimbursement to the city shall be immediately transferred to the city's credit in the consolidated water service area water main reimbursable account.

  3. The reimbursable credit of any applicant who has not been reimbursed within twenty years from June 30th following the year in which the applicant's account has been credited shall be transferred to the city's credit in the consolidated water service area water main reimbursable account without payment of compensation to the applicant.

4. Any applicant's credits transferred to the city's credit pursuant to this subsection D. shall remain in the city's credit until such time as required for reimbursement of other applicants.

(Prior code § 7607; Ord. 22847.)

Part 10

MUNICIPAL WATER SYSTEM MAJOR WATER FACILITIES FEE

Sections:

15.08.1100 Imposition of fees.

15.08.1110 Collection of fees.

• 15.08.1120 General provisions.

15.08.1130 Determination of fees.

15.08.1140 Nonapplicability.

15.08.1150 Rates - Review requirements.

• 15.08.1160 Methods of measurement and analysis.

15.08.1200 Disputed bills.

15.08.1210 Refunds.

• 15.08.1220 Special funds created - Restricted use.

• 15.08.1230 Inspection of premises authorized.

• A. After the effective date of this part, no person shall make any connection, either directly or indirectly, to the municipal water system without first paying the major water facilities fee in accordance with this part.

• B. No person shall build any additional structure or enlarge any existing structure, the use of which will result in an increase in the projected average daily water use, without first paying the major water facilities fee in accordance with this part.

(Ord. 23975.)

• A. Payment of the major water facilities fee shall be a condition of connection to the water system on any project. It is to be paid at the earliest of the following:

  1. Prior to the approval of any final subdivision or parcel map for any project;

  2. The issuance of any building permit; or

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§ 15.08.1140

3. At the time the premises connects to the municipal water system.

   • No fee shall be due and owing for any project undertaken by the city.

• B. Any person requesting approval of any final subdivision or parcel map, the issuance of a building permit or connection to the municipal water system shall submit an application obtained from the department of public works for that purpose.

• (Ord. 23975.)

• A. The major water facilities fee shall be in addition to all other fees imposed pursuant to this Code.

• B. The director shall determine the projected average daily water use for each premises and convert that amount into equivalent dwelling units (EDU). The director shall then determine the fee to be collected for each premises in accordance with the schedule of major water facilities fee resolution adopted by the city council.

• C. Upon determining the fee to be collected, the director shall notify the person to be charged, by mail or personal delivery at that person's last known address, of the amount of the fee.

• D. The major water facilities fee is applicable to public as well as private users of the municipal water system.

• (Ords. 23975, 29031.)

• A. A separate fee shall be established for each service area as defined in Part 2 of Chapter 15.08.

• B. The major water facilities fee shall be established at a level such that the cost of major water facilities necessary to accommodate growth and development, and which are planned over the succeeding twenty-year period, will be recovered.

• C. The major water facilities fee will be based on each premises projected average daily water

use expressed in equivalent dwelling units (EDU). Each premises shall share the cost for planned major water facilities to be constructed in its service area based on the relationship between its projected average daily water use and the total projected additional water use for all other undeveloped or underdeveloped premises located within that service area. (Ord. 23975.)

The major water facilities fee is not applicable to the following:

• A. Any nonresidential premises for which a building permit was issued prior to December 10, 1991.

• B. Any residential premises that is part of a project that received a planned development permit prior to December 10, 1991, and received final subdivision or parcel map approval from the director of public works prior to July 1, 1992.

• C. Any projects in which water system improvements for major facilities are separately paid for or financed by the developer or by an assessment district. The director shall determine which water system major facilities have been so constructed or financed.

• D. Any residential premises that is part of a project which received planned development zoning prior to December 10, 1991, only if such project is subject to an affordability agreement pursuant to Health and Safety Code Section 33413(b)(2) with the city and if such project receives final subdivision or parcel map approval prior to July 1, 1993.

• E. Any residential premises for which a tentative map was filed prior to December 10, 1991, and which receives final subdivision or parcel map approval prior to April 1, 1992.

(Ords. 23975, 24039, 29031.)

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§ 15.08.1150

The council shall periodically review and adjust the major water facilities fee if necessary. (Ord. 23975.)

The director is authorized to establish written procedures for the calculation of average daily water use and to amend such procedures from time to time as necessary to fairly implement this calculation. The written procedures for calculation of average daily water use will be made available for public review at the director's office. (Ords. 23975, 29031.)

• A. Any person may dispute the amount of the major water facilities fee by filing a petition with the director accompanied by detailed factual data in support of the claim.

• B. Such petition must be filed within thirty days after the date the notice of such fee was deposited in the mail or personally delivered.

• C. It shall be the responsibility of the person filing the petition to prove to the satisfaction of the director that such major water facilities fee calculation is in error.

• D. If the director determines that the major water facilities fee calculation was made in error, the director shall correct the fee calculation.

• E. Failure to dispute the amount of the major water facilities fee in accordance with this section shall be deemed acceptance of the correctness of the fee calculation.

• (Ord. 23975.)

Whenever the director determines that money should be refunded pursuant to Section 15.08.1200, the director is authorized to make such refunds from the account in the major water facilities fund for that service area. The city shall not be liable for interest on any amount determined to be refund-

able. The city shall not make a refund when there is insufficient money in the account to make the refund or any part thereof. (Ord. 23975.)

• A. Any fees collected pursuant to the provisions of this Part 10 shall be placed in a separate fund, with a separate account for each service area as defined in Part 2 of Chapter 15.08.

• B. A fund is hereby created for such purpose and shall be known as the "major water facilities fees fund."

• C. Such accounts shall be used only for: 1) the acquisition, construction and reconstruction of that portion of the municipal water system of the City of San José within the service area for which the account was created; 2) the repayment of principal and interest on any bonds which may hereafter be issued for the acquisition, construction or reconstruction of the facilities within the service area for which the account was created; 3) the repayment of loans or advances which may hereafter be made for the acquisition, construction or reconstruction of facilities within the service area for which the account was created; and 4) engineering, direct and administrative costs of the city in collecting the fee imposed by this part and for direct and indirect overhead costs of the city in performing any such tasks including, but not limited to, calculation of the benefits received.

• D. As used in this section, "direct costs" means the cost of hiring consultants, employee wages and salaries and costs of employee fringe benefits incurred by the city, and mileage reimbursement attributable to any activities related to the collection of the major water facilities fee. As used in this section, "administrative costs" includes, but is not limited to, all costs for computer service, materials, postage, supplies and equipment.

• (Ord. 23975.)

T15:26

PUBLIC UTILITIES

§ 15.10.040

Authorized representatives of the city, after displaying proper identification, shall have the right of entry in and upon all buildings and premises in the City of San José for the purpose of making inspections, reinspections or otherwise performing such duties as may be necessary for the enforcement of the provisions of this Part 10. Such entry shall be subject to the provisions of Section 1822.50 et seq. of the California Code of Civil Procedure when necessary.

(Ords. 23975, 29031.)

shortage, to protect the aquifers of the city, and to prevent land surface subsidence. Moreover, the city is subject to periodic droughts, a circumstance which requires the city council to take steps to protect the health, safety and general welfare of the public. (Ord. 24600.)

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 24600.)