Soledad Municipal Code Ch. 13.08 Water Use Regulations

For the purposes of this chapter:

A. "Consumer" means any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city, county, district, the state, the United States of America, or any department or agent thereof, billed for water furnished by the municipal water system.

B. "Municipal water system" means the enterprise described as a waterworks system for the production, transmission and distribution of water, including lands, easements, water rights, reservoirs, water mains, filtration works, pumping stations, water supply, storage and distribution facilities and equipment, and other works, including any existing facilities used or useful in obtaining, conserving, treating and disposing of water for the city.

C. "Premises" means any lot, piece or parcel of land, any building or other structure, or any part of any building or structure, having a connection with the municipal water system.

D. "Superintendent" means the superintendent of public works of the city.

E. "Water" means water furnished by the municipal water system.

F. "Water service" means the service, facilities and water furnished or made available to premises by the municipal water system.

G. "Water superintendent" means the superintendent of public works of the city.

(Prior code § 26-51)

A. Permit Required. No person shall connect any premises or cause any premises to be connected with the municipal water system without first obtaining a permit to do so from the water superintendent.

B. Statement Upon Applying for Permit. The water superintendent may require any person who applies for any connection permit or any consumer to file a statement or declaration under penalty of perjury for the purpose of determining the amount of connection fees and charges payable by such person or consumer under Chapter 13.40. Each such statement or declaration shall contain the information required by the water superintendent. Failure by any person or consumer to file the statement or declaration is a violation of this chapter. No such statement or declaration shall be conclusive as to the matters therein set forth, nor shall the filing of any statement or declaration preclude the city from collecting from the person or consumer responsible for payment such sum as is actually due and payable to the city under Chapter 13.40.

C. Notice of Change in Use of Water. Any person or consumer making any material change in the size, character or extent of the utilizing equipment or operation for which water is furnished shall immediately give the water superintendent written notice of the extent and nature of such change.

D. Contract for Large Amounts of Water. The city may require a written contract with any person or consumer as a condition precedent to providing service in any case where unusual quantities of water or the construction of special facilities is or will be required.

E. Method of Connecting. Upon payment of the connection charge specified in Chapter 13.40, the city will furnish and install a service connection of suitable capacity from its water main to the curbline of the property line of the premises to be served, provided the premises abut upon a public street or existing water main right-of-way. As to any nonabutting premises, the person requesting connection must pay the cost of furnishing and installing that portion of the service connection from the curbline of the nearest street or from the nearest existing water main right-of-way. Only duly authorized employees or agents of the city shall install a service connection from any water main to any consumer's premises.

F. Water Main Extensions.

1. By City. Any owner of one or more lots or parcels, or any subdivider of a tract of land where one or more main extensions is required, who desires regular water service to serve such property, shall make written application therefor to the city. The application shall contain a full legal description of the property to be served and any additional information which is required by the city, and shall be accompanied by a map showing the location of the proposed connection. Upon receiving the application, the water superintendent shall make an investigation and survey of the proposed main extension or extensions and shall report his findings to the city council, together with a recommendation as to the facilities required and an estimate of the cost of the proposed extension or extensions. The applicant shall advance to the city a sum equal to one hundred twenty-five percent of the estimated cost, including main lines, valves, service connections, fire hydrants, costs of investigation, inspection, and legal and consulting engineer's fees, which sum must be paid to the city prior to approval of the application. Adjustments of any difference between the estimated and actual cost of the main extension or extensions shall be made as soon as the actual cost has been determined. Any excess shall be refunded to the applicant and any shortage shall be forthwith paid by the applicant to the city. All such facilities shall be the property of the city and shall be conveyed to the city by a proper instrument in writing at or before the time the facilities are completed and before they are accepted by the city. In granting an application, the city council may impose whatever further requirements or conditions it deems necessary or desirable.

2. By Owner. In lieu of construction of any main extension or extensions by the city, as provided in subdivision 1 of this subsection, the city council may authorize construction of the main extension or extensions by the owner of the premises to be served, or his duly authorized agents, provided the property owner has made the required application. The applicant shall deposit with the city an amount equal to the estimated cost for preparation of detailed plans, specifications, legal costs, engineering costs, and other expenses incurred or anticipated to be incurred by the city in connection with the extension or extensions. If the amount deposited is insufficient to pay all costs actually incurred by the city, the property owner shall pay the deficiency to the city upon demand and prior to acceptance of the extension or extensions by the city; if the amount deposited exceeds the actual costs so incurred by the city, the excess shall be refunded to the applicant.

G. Installation of Meters. All meters shall be installed by the city. No rent or other charge shall be paid by the city for any meter or other facilities located on a consumer's premises. All meters shall be sealed by or under the supervision of the water superintendent at the time of installation, and no seal shall be altered or broken except by an authorized employee or agent of the city.

H. Connection with Other Water Supplies. No water pipe on any consumer's premises shall cross-connect the municipal water system with any other source of water supply.

I. Equipment to Remain Property of City. All service connections, meters and other facilities furnished by the city and located wholly or partially upon any premises shall be and remain the property of the city, which may repair, replace and remove the facilities upon discontinuance of service.

J. Limit of City's Responsibility. The city is not responsible for the installation or maintenance of any water pipelines beyond the end of the city's service connection or beyond its meter.

K. City's Right of Entry. The water superintendent or any other authorized agent of the city has the right of ingress to and egress from any consumer's premises at all reasonable times for any purpose properly relating to the furnishing of water to the consumer.

L. Nonresponsibility of City for Damage by Consumer. The city is not responsible for any loss or damage to any person or to any property caused by the negligence or wilful act of any consumer or any person installing, maintaining, operating or using any appliances, facilities or equipment for which water or water service is furnished by the city. Each consumer shall be held responsible for damage to the city's meters and other property comprising any part of the municipal water system resulting from the use or operation of any appliances or facilities on the consumer's premises.

(Prior code § 26-52)

A. The city shall exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water; provided, that the city may suspend water service temporarily to make necessary repairs and improvements to the municipal water system. In each case of temporary suspension of service the city shall notify the consumers affected as soon as circumstances permit and shall prosecute the work of repair and improvement with due diligence and with the least possible inconvenience to consumers.

B. During any period of threatened or actual water shortage, the city may apportion its available water among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety.

(Prior code § 26-53)