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HomeMy WebLinkAbout0250Na ORDINANCE No. 25Q (New Series) AN ORDINANCE PROVIDING FOR A REDUCED WATER RATE AND REFUND FOR WATER USED IN MAINTAINING WARTIME VICTORY GARDENS, AND PROVIDING PENALTIES FOR THE VIOLATION OF SUCH ORDINANCE. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. "Wartime Victory Garden" shall mean a home vegetable garden, planted and cultivated by an individual or individuals, and of an area of not less than 200 square feet and not more than 7,500 square feet. "Wartime Victiry Garden" shall not include a vegetable garden planted.and cultivated as a commercial vegetable garden and where the vegetables are produced and sold as a business and for profit. Where an excess quantity of vegetables are produced, over the reasonable home requirements of a wartime victory gardener, and such excess quantity is given away or sold to neighbors or friends, or where only a few incidental sales in the market of such excess are made, such garden shall be considered as a Wartime Victory Garden. SECTION 2. Any person who cultivates, plants and maintains a Wartime Victory Garden and uses water supplied by the City of San Luis Obispo for irrigating such garden, shall be entitled to a reduced water rate and to a refund of all sums theretofore.paid over and above such reduced rate, as provided by the terms of this ordinance. Such reduced water, rate shall be allowed for water meter readings for the months of June, July, August, September and October of each year, and for meter readings for fractional portions of said months. SECTION 3-'The water consumer who maintains a Wartime Victory Garden shall pay the ordinary and usual water bills rendered for said months and at the full rate established by ordinance, but shall be entitled to a cash refund upon compliance with the terms of this ordinance. SECTION 4. The reduced water rate and refund shall be in the amount and shall be determined as follows: The water meter reading for water furnished to the premises where such Wartime Victory Garden is maintained, and through which meter water is used to irrigate such garden, for.the corresponding month in the year 1942 shall first be considered. Should the meter reading for the corresponding month in 1943, or any subsequent year, be equal to or less than the meter reading for such month in 1942, then no reduced rate - ,shall be allowed. Should the meter reading for the corresponding month in 1943, or any subsequent year, be greater than the meter reading for such month in 1942, then the consumer shall be entitled to a refund of the difference between the actual bill paid, and the - amount of the 1942 bill plus a charge of six cents ($ .06) per each 100 cubic feet of water in excess of the amount used during such month in 1942• Where a new water service has been installed since 1942, the meter reading for the month of June, 1943, shall be considered as the basis, and should the meter reading for any subsequent month be greater than the reading for June, 1943, then the consumer shall be entitled to a refund of the difference between the actual bill paid, and the amount of the June, 1943 bill plus a charge of six cents ($ .06) per each 100 cubic feet of water in excess of the amount used during the month.of June, 1943• SECTION 5. To obtain such refund, any person or persons main- taining a Wartime Victory Garden shall file with the City Collector an application for such refund, on a form to be approved by the City Council, and shall state in such application the name and address of the applicant, the location of such Wartime Victory Garden and the area thereof, and the service address of the meter through which water is used. Such application shall further state that the applicant is maintaining and intends to maintain throughout the major portion of the period from June to October, inclusive, a bona fide Wartime Victory Garden, and such application shall be signed by the applicant under penalty of perjury. SECTION 6. Upon the filing of such application it shall be the duty of the Department of Public Works of the City to inspect or cause to be inspected the Wartime Victory Garden described in such application and to confirm the facts stated in such application, and to approve or reject such application. Where such application has been rejected by the Department of Public Works, the applicant shall have the right to appeal to the City Council, at the determination of the City Council shall be final. SECTION 7. Following the close of the period during which refunds shall be allowed, it shall be the duty of the Department of Public Works to calculate the refund due each applicant and to make a written report thereof to the City Council. Upon the approval of such report, the City Council shall direct the issuance of warrants in the respective amount to which each applicant is entitled. SECTION 8. All applications for the refund provided by the terms of this ordinance shall be filed. on or before the 15th. day of September, 1943, for the refund due for 1943, and on or before the lst. day of June of each subsequent year. SECTION 9. Where a Wartime Victory Garden once established is thereafter abandoned or neglected to such an extent that it does not constitute a bona fide Wartime Victory Garden, no refund shall there- after be allowed. SECTION 10. It shall be the duty of every person who has filed an application for a refund and who shall thereafter abandon his Wartime Victory Garden, or who shall neglect such garden to such extent that it does not constitute a bona fide Wartime Victory Garden, to promptly notify the City Collector of such fact. SECTION 11. Any person who shall fraudulently file an application for a reduced water rate or for a refund, and every person who shall fail to notify the City Collector that his Wartime Victory Garden has been abandoned or neglected, as required by the previous { section, and every person who shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding $ 50.00 or by imprisonment in the County Jail of the County of San Luis Obispo for not exceeding ten days, or by both such fine and imprisonment. SECTION 12. This ordinance, together with the ayes and noes, shall be published for two days before its final passage in the Telegram- Tribune, a daily newspaper printed, published and circulated in said City, and the same shall take effect thirty days from and after its final passage. INTRODUCED AND PASSED TO PRINT this 19th. day of July, 1943, by the following vote: AYES: R.P.Howell R.C.fsenned F.u.Kimball Joseph Leary, c t NOES: !None ABSENT: None Mayor ATTEST: City Clerk Finally passed this 2nd day of August, 1943 upon the following roll call vote: AYES: R.P.Howell, Ralph C.Kennedy, F.C.Kimball, Joseph Leary,Clyde T.OtNe NOES : None ABSENT: None ATTEST: �OL�ity C rk Mayor