Tracy Municipal Code Art. 1 Water Rates and Regulations

(a) A service fee consistent with meter sizes and a rate for water furnished through water meters shall be established, and may be amended or revised, from time to time, by resolution of the City Council.

(b) In all cases determined practical by the Director of Public Works, all water services shall be measured by a meter registering in 100 cubic feet.

(c) In a meter shall be found to be out of order at no fault of the consumer, the amount of water consumed for the current month shall be considered to be equal to the previous seasonal average.

(d) The consumer at all times shall be held responsible for the payment of all water delivered to the premises of such consumer, except that a property owner or his agent will be held responsible if he has agreed to pay for such services for tenants.

(e) Whenever measurement by meter is impracticable, the rate to be charged shall be determined by the Director of Public Works with the approval of the Council.

(f) Independent fire sprinkler systems shall pay a minimum fee per month based upon the service line size. Such fee shall be set by resolution of the City Council.

(Prior code § 11-1.01)

Water service charges shall be billed and made payable and otherwise conform with the provisions of Chapter 11.12 of this title.

(Prior code § 11-1.02)

(a) Every consumer, before beginning the use of City water, shall make an application to the City for a permit to use the same.

(b) In the case of any such occupant who is a tenant making an application for water service, an advance deposit as specified in Section 11.12.080 shall be required.

(c) It shall be the duty of every tenant, owner, or agent of any premises using City water to immediately notify the City in writing whenever any building or premises becomes vacant, and, unless such notice shall be given, rates in full shall be charged.

(Prior code § 11-1.03)

In every case in which any property owner or his agent desires a service connection to be made to the City water mains, he shall make an application to the City for each connection desired. The charges for each connection shall be established by resolution of the Council.

(Prior code § 11-1.04)

All water services to connect with the outlet side of a meter shall have an independent wheel valve, so situated that the entire water flow in the consumer's pipes may be turned off and on. No connection shall be made in such a manner that it will contaminate the City water supply, either by a cross-connection or otherwise.

(Prior code § 11-1.05)

The City shall maintain service lines from the main to and including the meter and shall not be responsible for any damages whatsoever from any leak or break beyond the meter. All persons must keep the service pipes from the meter in good order at their own expense and may be held liable for any damages which may result from their failure to do so.

(Prior code § 11-1.06)

It shall be unlawful for any person to interfere with the City water mains, service lines, valves, or meters or to construct a by-pass around a meter or service, or to deface or damage any stor age tank, tower, pump, pump house or appurtenance.

(Prior code § 11-1.07)

No person shall place on or about any fire hydrant, stop cock, or meter box connecting with the City water mains, any building material, rubbish or obstructions so as to prevent free access to same.

(Prior code § 11-1.08)

No person, except with a written permit from the City or working under instructions of the Chief of the Fire Department, shall be allowed to open any fire hydrant in the City.

(Prior code § 11-1.09)

When the City Manager declares an emergency exists, water consumers on the City mains must immediately turn off all taps, faucets or other means of letting the water run which at that time may be open, and the water shall not be turned on again until the emergency is declared ended.

(Prior code § 11-1.10)

The City shall keep complete records of all permits issued and other official work performed under the provisions of this Chapter.

(Prior code § 11-1.11)

Any authorized employee of the City shall be admitted at any reasonable hour to all parts of premises supplied by City water, except the interior of dwellings, to ascertain that the regulations are being observed.

(Prior code § 11-1.12)

No one except an authorized employee of the City shall turn the water on or off at any meter box.

(Prior code § 11-1.13)

The City reserves the right to shut the water off at any time for the purpose of making repairs or extensions to the water system or for any other purpose. The City shall not be responsible for any damages resulting from the same, but every effort will be made to notify the consumers in the affected area before the water is shut off.

(Prior code § 11-1.14)

The City reserves the right to shut off the water to the premises of any person known to be using, or who has been using, water in violation of any of the provisions of this chapter.

(Prior code § 11-1.15)

(a) Unless the context requires a different meaning, the following words, when used in this section, shall have the following respective meanings:

(1) "Premises" shall mean any lot or any piece or parcel of land comprising two (2) or more lots of record in one ownership, or any building or other structure, or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation or any commercial or industrial activity.

(2) "Person" shall mean all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, and individuals.

(3) "Owner" shall mean the person responsible for the payment of water charges for premises served as provided in this section.

(4) "User" shall mean the person responsible for the payment of water charges for premises served as provided in this section.

(b) No person owning any premises within the City limits and no user of any premises within the City limits shall maintain on such premises a water supply other than a water supply from the City water system, a duly organized irrigation district, or other water system franchised by the City when such premises are located within 200 feet from the point at which a connection can be made to the City water mains.

Every person owning any premises and/or every user of any premises so located and upon or in which any water supply is produced or used, other than irrigation district water or franchised supplier water, shall be required to make an application to connect as provided in this chapter and, where approved shall connect such premises to the City water system within sixty (60) days after the date when a City water main located within the distance specified in this section is completed and available for connection to such premises. Thereafter all water supplied to such premises shall be obtained from the City system, an irrigation district, or franchised supplier.

The City hereby declares that the further maintenance or use of water wells or other local means of water supply on any premises so located shall constitute a public nuisance and may invoke legal means to abate the same.

(c) Whenever the City provides water meters and/or other supplies and services leading to the provision of water, the City Manager shall establish charges there for sufficient to cover all City costs.

(Prior code § 11-1.16)

All customers receiving special rate assistance through PG&E's LIRA program shall automatically qualify for a discounted water service fee through the City. For all customers who show proof of receiving special assistance through PG&E's LIRA program, the monthly water meter service fee with the City shall be zero. Water consumption will be billed for the actual amount used based on the current water rates.

To remain qualified for the program, the customer must submit to the Finance Department no later than June 30 of each year proof that the customer still receives assistance through the LIRA program. If the customer shall fail to submit such proof, then the monthly meter fee will be charged until such proof is submitted.

(Prior code § 11-1.17)

Applications for water main extensions shall be made at the office of the City Engineer. The City Engineer shall cause a survey to be made to determine the adequacy of mains, if any, to serve the property of the applicant, and, if it is found and determined that mains should be installed, the applicant shall have plans and specifications prepared by a registered civil engineer in accordance with the City's Standard Plans and Specifications and approved by the City Engineer. Water main extension design shall take into consideration the Water System Master Plan for serving water to the vicinity surrounding the property of the applicant.

(Prior code § 11-1.20)

In preparing such plans and specifications, the installation of fire hydrants shall be provided when deemed necessary by the City Engineer, and the cost of such hydrants shall be paid for by the applicant.

(Prior code § 11-1.21)

The inside diameter of every water main to be installed shall be not less than six (6?) inches, except as may be determined by the City Engineer.

(Prior code § 11-1.22)

In every case where a water main is to be extended to serve a parcel, such main shall extend the full frontage of the parcel.

(Prior code § 11-1.23)

Upon the receipt of the plans and specifications and cost estimates, the City Engineer shall collect a plan-checking fee as determined by resolution of the Council for checking the improvement plans of private development projects. If the applicant abandons the project, all deposits made by the developer, less the engineering costs incurred, shall be refunded to the developer.

(Prior code § 11-1.24)

Upon the approval of the plans, specifications, and cost estimates, the developer shall enter into an agreement with the City to guarantee the construction of the water main at his cost and expense. The applicant shall deposit an amount sufficient to pay the actual cost of the plan-checking fees and deposit an estimated construction inspection cost before the issuance of an encroachment permit to begin the work. Fees for inspection services shall be consistent with the fees established by resolution for all private development projects.

(Prior code § 11-1.25)

The applicant shall furnish the City a surety bond in an amount equal to at least one-half (½) of the estimated installation cost to guarantee faithful performance by the applicant and a surety bond in an equal amount to guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies, and implements used by the applicant in such work. The applicant shall also file a guarantee bond to insure the repair and replacement of any defective material or workmanship within twelve (12) months after the acceptance of the work by the City.

(Prior code § 11-1.26)

When water main extension facilities are installed, and upon the execution and delivery by the applicant of a good and sufficient bill of sale of such facilities to the City, water shall be furnished to the applicant's property.

(Prior code § 11-1.27)

Whenever an applicant applies for a permit to connect property fronting a water main, the installation cost of which main was paid by a previous applicant and approved by the City Engineer, such subsequent applicant shall pay to the City, prior to the granting of such permit, an amount equal to sixty (60%) percent of the cost per foot of installing the original water main; provided, however, when the City Engineer determines that only one side of a street can be benefited by a main installed by a previous applicant, subsequent applicants for permits to connect shall pay 110 percent of the cost per foot of installing such main. Amounts collected as provided in this section shall be paid by the City to the applicant who paid the cost of installing such main until such applicant has received full reimbursement for the excess cost beyond the limits of the installing applicant's property fronting on the main; and provided, further, the City shall not make refunds to installing applicants after the tenth anniversary of the date the main was placed in service. Any surplus remaining in water system funds after the installing applicant has been reimbursed in accordance with the provisions of this section may be expended for the construction or reconstruction of water system improvements.

(Prior code § 11-1.28)

When a water main extension connects to an existing water main extension, the cost of which has been less than fifty (50%) percent reimbursed by intervening properties, the applicant proposing to further extend a water main shall participate in the cost of the original installation by the payment of a refunding fee to the original installer in an amount equal to fifty (50%) percent of the original installer's cost of installation, less any frontage reimbursements previously collected.

(Prior code § 11-1.29)

When the City Engineer, in connection with water main extensions, finds that it is necessary to install a major water main of not less than twelve (12&Prime) inches inside diameter and not less than 500 feet in length, he shall delineate the area which may be served by such main and thereby be benefited, such area to exclude existing streets, highways, and public ways. The City Engineer may designate such area as a "Water Benefit District" where other refunding procedures for water main extensions are not economically feasible for the applicant, and it will be more equitable to establish a benefit district therefor, and the administration of such benefit district will not result in the overlapping of water benefit districts or of areas served by mains otherwise extended.

(Prior code § 11-1.280)

If the applicant elects to install the required mains under benefit district procedures, and does install such major mains in accordance with regulations concerning main extensions, the City Engineer shall establish and administer reimbursement procedures as follows: a frontage fee for the cost of installing an equivalent six (6&Prime) inch main and an acreage fee for the difference in cost between a six (6″) inch main and the actual size main installed shall be established. The frontage fee shall be sixty (60%) percent of the cost per foot of installing an equivalent six (6″) inch main. However, when the City Engineer determines that only one side of the street can be benefited by a main installed by a previous applicant, the frontage fee shall be 110 percent of the cost per foot of installing a six (6″) inch main. An area fee shall be calculated by dividing the difference in cost between a six (6″) inch main and the cost of the actual size main installed by the number of acres included within such assessment district.

Amounts collected as provided in this section shall be paid by the City to the applicant who paid the cost of installing such main until such applicant has received an amount equal to the total cost of installing the main, less the frontage benefit to the installing applicant's property fronting on the main and the area of the installing applicant's property within the benefit district; provided, however, the City shall not make refunds to installing applicants after the tenth anniversary of the date the water main was accepted by the City.

(Prior code § 11-1.290)

An applicant for water service within a water benefit district shall pay to the City the frontage charge for each foot of property frontage and the acreage charge for each acre to be served before water service is granted. If the property is less than one acre, such acreage charge shall be prorated in direct proportion to the fraction of acres.

Benefit districts which result in further extensions of water mains shall be subject to the same requirements for the reimbursement of the intervening applicant as described in this chapter.

(Prior code § 11-1.32)

The water system facilities shall be developed consistent with the development of resources identified in Alternative 1A of the study prepared by Kennedy/Jenks Engineers, dated July, 1985 entitled "Evaluation of Water Supply Options." Water system transmission and distribution mains shall be designed based upon the results of surveys and analyses made by the City Engineer to determine the adequacy of meeting the fire flow and domestic requirements for water services. The construction of water system facilities shall conform to City Standard Specifications and Plans approved by the City Engineer.

Fees which will guarantee the construction of various elements of the water system within each service zone shall be adopted by resolution of the Council. Such fees shall be adjusted at least once each year using, the Construction Cost Index published by the Engineering News Record, to compensate for the increased costs of deferred construction.

(Prior code § 11-1.40)