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HomeMy WebLinkAbout0710i ORDINANCE NO. 710 .(1977 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE, ARTICLE VII, CHAPTER 4, PART 1, WATER SERVICE. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby amends Municipal Code Article VII, Chapter 4, Part 1, Water Service, to read as follows: (See attached Text). SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three (3) days before its final passage, in the Telegram_ Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT at a Regular Meeting of the City Council on the 19th day of July , 1977, on motion of Councilman Gurnee sedonded by Mayor Schwartz , and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen and Mayor Schwartz NOES: Councilman Dunin ABSENT: Councilman Petterson ATTEST: J. R. Fitzpatrick Approved as to form: WENDT, MITCHELL, SHEIMER, de la MOTTE & LIL E CITY ATTORNEY n crimes RM &RGM:ktm. 6/2 877 Approved as to content: City Administrative Officer Di ec or of finance Utilities Engineer /Superintendent 0 710 Ordinance No. 710 FINALLY PASSED this 2nd day of August , 19 77, on motion of Councilman Gurnee seconded by Councilman Petterson on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: Councilman Dunin ABSENT: None ATTEST: . Fitzpatrick, CITY CLERK ARTICLE VII, CHAPTER 4 PUBLIC UTILITIES AND RATES PART 1, WATER SERVICE SECTION 7410. STATEMENT OF POLICY. 7410.1. DEFINITIONS. 7410.2. APPLICATION FOR SERVICE. DEPOSIT REQUIRED. 7410.3. LIMIT OF CITY'S RESPONSIBILITY TO FURNISH WATER. 7410.4. PAYMENT FOR PREVIOUS SERVICE. 7410.5. PAST DUE DEBTS. COLLECTION OF. 7410.6. INSTALLATION OF SERVICES. 7410.7. CHARGES FOR NEW WATER SERVICE. 7410.8. ADDITIONAL CHARGES FOR WATER SERVICE. 7410.9. MAIN EXTENSIONS TO NEW CUSTOMERS OTHER THAN SUBDIVISIONS. 7410.10. SUBDIVISIONS, MAIN EXTENSIONS TO. 7410.11. MULTIPLE UNITS. 7410.12. METER INSTALLATION, REMOVAL OR CHANGE. 7410.13. BILLS AND PAYMENT. 7410.14. RATES FOR SERVICE. 7410.15. BIMONTHLY BILLINGS. 7410.16. METER ERROR. 7410.17. DISCONTINUANCE OF SERVICE. 7410.18. RESPONSIBILITY FOR EQUIPMENT. 7410.19. CONTROL VALVES. 7410.20. CROSS- CONNECTIONS. ARTICLE VII, CHAPTER 4 PUBLIC UTILITIES AND RATES PART 1, WATER SERVICE SECTION 7410. STATEMENT OF POLICY. The City will furnish water service in accordance with the regulations contained in this Part and in accordance with other applicable ordinances to any property within the corporate.limits of the City and to such areas out- side the City limits as the Council may designate. In all such cases water shall be supplied only through water meters in- stalled as set forth in this Part and in each case the customer shall be charged directly for all water passing through the meter, irrespective of the number of users of the water subsequent to its passage through the meter. Applications for service.to premises for which a service connection has already been installed may be made as set forth in this Part. Such applica- tion will signify the customer's willingness and intention to comply with these regulations and to all modifications thereof, and to new regulations or rates duly adopted, and to make payment for water service rendered. Service will be started and discontinued without charge hnd a deposit may. be required to establish credit for regular service. If application is made for service to property where no service con- nection has been installed, but a distribution main is adjacent to the property the applicant, in addition to making application for service, shall comply with the regulations governing the installation of services. Where an extension of the distribution mains is necessary or a substantial invest -. ment is required to furnish service, the applicant will be informed by the Utilities Division as to whether or not the service can be extended under these regulations as set forth in this Part. SECTION 7410.1. DEFINITIONS. As used herein the following terms shall have the meaning specified after each term, to wit: Acreage charge: a charge against new water services, designed to.- provide a pro -rata contribution to the capital facilities associated with the treat- ment, storage and transmission of water. Adequate transmission system: a water main system currently designated by the Council as capable of- supplying simultaneously, at a specific site under consideration, the required fire flow and the maximum daily rate of consumption. The Master Water Plan shall show all such adequate trans- mission systems. Adequate water distribution, system: a system of public water mains capable of supplying a sufficient quantity of water to satisfy simulta- neously the maximum daily rate of consumption and the required fire flow for a given site. Commodity charge: a charge based upon a rate per unit of delivery designed to recover all variable costs associated with producing and dis- tributing the amount of water supplied. SECTION 7410.21. INTERRUPTIONS IN SERVICE. 7410.22. INGRESS AND EGRESS. 7410.23. TEMPORARY SERVICE. 7410.24. RATES FOR TEMPORARY SERVICE. 7410.25. FIRE HYDRANTS. 7410.26. WATER SERVICE FOR FIRE PROTECTION. 7410.27. PRIVATE FIRE PROTECTION SERVICE. 7410.28. RATES FOR PRIVATE FIRE PROTECTION- SERVICE. 7410.29. PENALTIES FOR VIOLATION. Cross - connection: a cross- connection is any physical connection between the piping system from the City service and that of any other water supply that is not, or cannot, be approved as safe and potable for human.consumption, whereby water from the unapproved source may be forced or drawn into the City distribution main. Distribution mains: distribution mains are water lines in streets, alleys, and rights -of -way used for general distribution of water from which service is available to the customer. Front footage charge: a charge against new water services, designed to provide a pro -rata contribution to the capital facilities associated with the distribution of water. Maximum daily rate of consumption: the average rate of flow, as estimated by the Utilities Engineer /Superintendent from actual City records, which is consumed during a twenty -four (24) hour period at maximum use. Premises: the integral property or area, including improvements thereon, to which water service is.or will be provided. Private fire protection service: private fire protection service is for sprinkler systems, hydrants, hose reels and other facilities used specifically for fire protection on private property. Public fire protection service: public fire protection service relates to fire hydrants connected to the distribution system and made available to designated fire protection agencies. Readiness to serve charge: a monthly service charge based upon meter size, designed to recover those costs associated with providing facilities and serving.customers irrespective of the amount of water used. Regular service: water service rendered for normal domestic, commercial, industrial and irrigation purposes on a permanent basis and for which the general rates and regulations are applicable. Reliable water distribution system: an adequate water distribution system which is capable of continuing to supply water to each fire hydrant at a specific site during a shut -down of any individual section of the public system, exclusive of the adequate transmission system to which the distribution system is connected. Required fire flow: the rate of flow required by the Fire Chief pursuant to the authority of Section 13.301(c) of the Uniform Fire Code and determined in conformance with the Guide for Determination of Required Fire Flow as published by the Insurance Services Offices, dated July, 1974, or any subsequent recognized standard adopted by resolution of the City Council. Services: a.service is the pipe line and appurtenant facilities such as the curb stop, meter and meter box, all used to extend water service from the distribution main to the curb line. Where services are divided at the curb or property line to serve several customers, each such branch service shall be termed a separate service. Temporary service: a temporary service is one especially installed for construction work, single season irrigation and other uses. Utilities Division: the Utilities Division of the Public Services Depart- ment of the City-and its duly authorized representatives. SECTION 7410.2. APPLICATION FOR SERVICE. DEPOSIT REQUIRED. Each applicant for water service shall be required to sign an application form provided by the Utilities Division or make application by letter showing the date of application, location of premises to be served, mailing address, date applicant desires service, and other information as may be, required. All applicants for service may be required to deposit an _amount established from time to time by resolution of the City Council prior to initiation of water service. SECTION 7410.3. LIMIT OF CITY'S RESPONSIBILITY TO FURNISH WATER. Nothing in this Part contained shall be construed as a contract on the part of the City to furnish water for any definite period or as a public utility in respect to any water furnished outside the City. SECTION 7410.4. PAYMENT FOR PREVIOUS SERVICE. An application for service will not be honored unless payment in full has been made for water service previously rendered to the applicant by the City. SECTION 7410.5. PAST DUE DEBTS. COLLECTION OF. Nothing herein contained shall be deemed to prevent or bar the City from receiving from any customer the amount of indebtedness due the City for any water furnished to said customer prior to the 1st day of July, 1962, at the rates then applicable. SECTION 7410.6., INSTALLATION OF SERVICES. Water services will be installed in size and at the location desired by the applicant where such requests are reasonable. Service installations will be made only to property abutting on public streets or to such dis- tribution mains as may be constructed in alleys or rights -of -way at the convenience of the Utilities Division. Services installed in new sub- divisions prior to the construction of streets or in advance of street improvements, must be accepted by the applicant in the installed location. SECTION 7410.7. CHARGES FOR NEW WATER SERVICE. Charges for new water service shall.be established by a resolution duly adopted by the Council and may be revised by resolution at any time.. A copy of a current resolution shall be maintained in the office.of the City Clerk for public inspection. All charges for new services are payable in advance. Account starts on the date the meter is installed. Services larger than 2 inch will be constructed and the applicant billed for the actual cost of installation plus overhead and cost of the meter. In the event the customer has properly installed any portions of the required service, the Utilities Division may make an adjustment in the service charges. SECTION 7410.8. ADDITIONAL CHARGES FOR WATER SERVICE. In addition to the charges set forth in Section 7410.7, acreage and dis- tribution charges for water.connections shall be determined, and may, from time to time, be amended by resolution of the Council, and such charges..shall be payable in advance upon connection to the water system. Said charges shall be determined on the following basis: (1) An acreage charge for all property within the City limits requiring water service that have not received such service prior to the enactment of the resolution. Such acreage charge shall be based upon the replacement value of the water treatment, storage and transmission mains owned by the City, divided by the number.of acres served within the City. Such acreage charge shall be proportionately adjusted for parcels smaller than one acre or in excess of an even number of acres. Such charges shall also be levied against subdividable portions of larger parcels being served when such sub - dividable portions require additional water service. (2) A front footage distribution main charge, based upon one -half (1/2) the cost of an adequate distribution main, for the parcel to be served, to be paid to the City except in the following cases: (a) Where the developer has extended an adequate main pursuant to Section (b) Where the original subdivider installed adequate mains to the parcel to be served. In the event refunds are required under Sections 7410.9 or 7410.10, then the front footage charge to be collected shall be in accordance with said Sections. (3) The Council shall further determine the necessary pumping and storage facilities required to be paid for and installed by each developer of.prop- erty above elevation 460, Official City Datum, in addition to the water dis- tribution system. Such facilities shall be of adequate size and capacity to meet the required domestic and fire flows. City shall have the right to require excess pumping and storage capacity and shall pay, upon completion, such excess costs. The monthly service charge may be increased to reflect the added pumping cost necessary to service each area above elevation 460. SECTION 7410.9. MAIN EXTENSIONS TO NEW CUSTOMERS OTHER THAN SUBDIVISIONS. (1) Mains will be extended to serve new customers under the following terms and conditions. No main extension will be made by the City except on an approved dedicated street, alley, or recorded easement. Prior to construction of the main, every applicant for water servive shall enter into a written form agreement for such extension and shall deposit with the Utilities Division an amount equal to 10% of the estimated cost of extension, including engineering and administration. The estimated cost shall be based on the actual size of facilities required to meet service demands from that extension, except that eight inch.(8 ") pipe shall be the minimum size considered for general use. Should the Utilities Division desire to install facilities greater than are needed to meet said service demands, the cost of the excess size of facilities shall be borne by the City. The Utilities Division shall then proceed with plans and specifica- tions and shall solicit open bids for the proposed work. On the basis of the approved bid, plus engineering and administration costs, the Utilities Division shall inform the applicant as to the cost of the proposed extension. Upon receipt by the City of an amount which, with the original deposit, is equal to the cost of the work, the Utilities Division shall proceed with the construction of the extension. In the event that the applicant or applicants fail to deposit the required funds within-sixty (60) days-after determination of the cost, the extension will not be made and no refund of the 10% deposit will be made, except that where actual costs.are less than the amount of such deposit, the City may refund the unused amount. (2) Calculation of Water Main Extension Charges. Immediately upon completion of the water extension, the Utilities Engineer /Superintendent shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to said water extension in proportion to the frontage thereof, or if lots be irregular in shape, then in such manner as may, in the opinion of the Utilities Engineer /Superintendent, provide an equitable distribution of costs. In no case shall any applicant pay an amount less than the prorated cost of the extension for the length of his frontage as determined above. The main extension charges as described in this section shall be in addition to the specified service connection charges. (3) Refunds. The original applicant or applicants shall up to ten (10) years from the date of signing any form agreement entered into prior to December 1, 1968 and up to fifteen (15) years from such date for those entered into after December 1, 1968, be entitled to a refund for each connection made to the extension, based on the prorated cost as determined above for each lot or parcel. The Utilities Division may make extensions to the facilities constructed under this regulation without obligation to applicant and.-refunds will not be made for services connected to said additional extensions. No interest shall be paid or accrue on such deposits for water main extension. Refunds of the deposit shall be made only if, as and when water main extension charges are collected from other consumers requiring service from this water main extension, and shall be subject to setoffs for any amounts then owed to City by the.applicant or applicants. SECTION 7410.10. SUBDIVISIONS, MAIN EXTENSIONS TO. (1) Where water main extensions are required for subdivisions, it will be the responsibility of the owner or subdivider to pay.the cost for com- plete installation of all water facilities required within the subdivision and for extension of water transmission mains from the subdivision to the nearest existing main of adequate capacity for the area to be served. Such transmission mains shall be subject to all the requirements as set fcrth.in the Subdivision Regulations in this Code and to any and all modifications and supplements.to said regulations. Upon official acceptance b7 the City, the City shall assume full ownership, maintenance and control of such mains. (2) Refunds to Subdividers. Upon completion of any water transmission main to a subdivision as outlined above, the subdivider may submit to the Utilities Engineer/ Superintendent a certified statement showing the actual cost of such ex- tension. If such extension is larger than eight inches (8 ") in diameter, the Utilities Engineer /Superintendent shall adjust the actual cost to the equivalent of an eight inch (8 ") diameter main. He shall then prorate the cost for an eight inch (8 ") main against all lots or parcels which in the future may be served by direct connection to said main. Any and all connections to said main shall be subject to the charges specified in Section 7410.6 above. The Utilities Division may make extensions to the facilities constructed under this regulation without obligation to the subdivider, and refunds will not be made for services connected to said additional extensions. The subdivider or owner of any subdivision whose tentative map was first approved on or after December 1, 1968,.shall, for a period of fifteen (15) years from the date of official acceptance of the subdivision, be eligible for a refund on each connection made to the main extension, as provided herein. The refund period on subdivisions whose tentative map was first approved prior to December 1, 1968, shall remain ten (10) years from the date of such final acceptance. No interest shall be paid on or accrue on any funds subject to such refund. Refunds shall be made only if, as and when main connection charges are collected by the City and shall be subject to set -offs for any amounts then owed to City by the subdivider or owner. SECTION 7410.11. MULTIPLE UNITS. A. Number of Services to Separate Premises. Separate premises under single control or management will be supplied through individual service connections unless the Utilities Division elects otherwise. B. Service to Multiple Units. Separate houses, buildings, 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 Utilities Division by either of the following methods: 1. Through separate service connections to each or any unit provided that the pipe line system from each service is independent of the others, and is not interconnected. 2. Through a single service connection to the entire premises. The applicant shall be responsible for payment of charges for all water furnished to combined units, supplied through a single service connection. SECTION 7410.12. METER INSTALLATION, REMOVAL OR CHANGE. A. Installation. All.meters installed shall be located only in and upon streets, alleys and rights -of -way that have been formally dedicated and accepted for public use and shall be owned by the City. B. Retirement or Removal of Meter. The cost of retiring or removing a meter service for the convenience of the customer will be at the customer's expense. C. Change in Location of Meters. Meters moved for the convenience of the customer will be relocated at the customer's expense. D. Changes in Size of Meter. The cost of changes in size of meter on existing services will be at the customer's expense. SECTION 7410.13. BILLS AND PAYMENT. A. Rendering of Bills. 1. Meter Readings: Meters will be read at regular intervals for the preparation of regular bills, and as required for the preparation of opening bills, closing bills and special bills. 2. Billing Period: The regular billing period will be monthly or bi- monthly at the option of the Utilities Division as authorized by the Council. 3. Opening and Closing Bills. (a) Opening bills, closing bills and monthly bills rendered for periods smaller or greater than normal will be prorated. (b) If the total period of water service is less than one month, the bill will not be less than the monthly readiness to serve charge. B. Payment of Bills. 1. Periodic bills are due and payable on presentation. Payment may be made at the City Finance Department or to an authorized collector. 2. Closing bills, if service is to be discontinued, are due and payable on,.presentation. Collection will be made at the time of presentation. 3. Water bills shall be payable on the date of presentation and shall become delinquent on and after the first (1st) day of the following month. 4. When bills are delinquent, the Utilities Division may demand that the full amount of both delinquent and current bills be paid. C.. Billing of Separate Meters not Combined. 1., Each meter on customer's premises will be considered separately and the readings of two or more meters will not be combined unless specifically provided for in the rate schedule, or unless the Utilities Division's operating convenience requires the use of more than one meter, or of a battery of meters. The readiness'-to serve charge for such combined meters will be based on the diameter of the total com- bined discharge areas of the meters. SECTION 7410.14. RATES FOR SERVICE.. The rates to be charged and collected by the Utilities Division for all billings for regular service shall be established from time to time by resolution of the Council. SECTION 7410.15. BIMONTHLY BILLINGS. Bimonthly bills shall be computed by doubling the monthly readiness to serve charge and adding thereto charges for commodity consumption. SECTION 7410.16. METER ERROR. A. Meter Test. 1. Prior to installation, each meter will be tested and no meter found to register more than two percent (2%) fast or slow under con- ditions of normal operation will be placed in service. 2. On Customer Request: (a) A customer may, giving not less than one week's notice, request the Utilities Division to test the meter serving his premises. (b) To cover the reasonable cost of a meter test, the Utilities Division may require the customer to deposit such amount as may be established from time to time by resolution of the Council. (c) This deposit will be returned if the meter is found to register more than two percent (2%) fast. The customer will be notified, not less than five days in advance of the time and place of the test. (d) A customer shall have the right to require the Utilities Division to conduct the test in his presence, or in the presence of his representative. (e), A written report giving the results of the test will be shown to the customer within ten days after completion of the test. B. Adjustment of Bills for Meter Error. When upon test, a meter is found to be registering more than two per- cent (2%) fast, under conditions of normal operations, the Utilities Division will refund to the customer the full amount of the over - charge, based on corrected meter readings for the period, not exceeding six months, that the meter was in use. C. Nonreaisterina Meters. The Utilities Division may bill the customer for water consumed while the meter was not registering...The bill will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the year or upon a reasonable comparison with the use o.f other customers receiving the same class of service during the same period and under similar circumstances and conditions. SECTION 7410.17. DISCONTINUANCE OF SERVICE. A. Nonpayment of Bills. 1. A customer's water service may be discontinued if a bill is not paid on or before the first (1st) day of the month following date of presentation. Date of presentation shall be the date upon which a bill or notice is mailed or delivered personally to.the customer of record. 2. A customer's water service may be discontinued if water service furnished at a previous location is not paid on or before the first (1st) day of the month following date of presentation. 3. If a customer receives water service at more than one location, and the bill for service at any one location is not paid on or before the first (1st) day of the month following date of presentation, water services at all locations may be turned off. B. Unsafe Apparatus. 1. The Utilities Division may refuse to furnish water and may dis- continue service to any premises where apparatus, appliances, or equip- ment using water is dangerous, unsafe, or not in conformity with any laws or ordinances. 2. Ground Wire Attachments: All individuals or business organiza- tions are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the City;.the Utilities Division will hold the customer liable for any damage to its property occasioned by such ground wire attachments. 3. The Utilities Division does not assume liability for inspecting apparatus on the customer's property. The Utilities Division does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use. C. Service Detrimental to Others. 1. The Utilities Division may refuse to furnish water and may dis- continue service to any premises where the demand is greatly in excess of the past average or seasonal use, and where such excessive demands by one customer are or may be detrimental or injurious to the service furnished to other customers. 2. The Utilities Division may refuse to furnish water and may dis- continue service to any premises where excessive demands by one customer will result in inadequate service to others. D. Fraud and Abuse. The Utilities Division shall have the right to refuse or to dis- continue water service to any premises to protect itself against fraud or abuse. E. Noncompliance. The Utilities Division may, unless otherwise provided, discontinue water services to a customer for noncompliance with any of these regula- tions if the customer fails to comply with them within five (5) days after the -date of presentation of written notice of the Utilities Division's intention to discontinue service. If such noncompliance affects matters of health and safety, and conditions warrant, the Utilities Division may discontinue water service immediately. F. Customer's Request for Service Discontinuance. A customer may have his water service discontinued by notifying in writing the Utilities Division reasonably well in advance of the desired date of discontinuance. He will be required to pay all water charges until the date of such discontinuance. G. Restoration - Reconnection Charges. The Utilities Division may charge such amount as may be established from time to time by resolution of the Council for restoring water service which has been discontinued because of noncompliance with these rules. SECTION 7410.18. RESPQNSIBILITX FOR EQUIPMENT. A. Customer Equipment, The customer shall, at his own risk 'and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the City shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating, or interfering with such equipment. The City shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally, or when turned on after a temporary shutdown. B. City Property. The customer shall be liable for any damage to a meter or other equip- ment or property owned by the City which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage . to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The City shall be reimbursed by the customer for any damage promptly on presentation of a bill. SECTION 7410.19. CONTROL VALVES. The customer shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from service. The operation by the customer of the curb stop in the meter box is not permitted. SECTION 7410.20. CROSS - CONNECTIONS. The customer must comply with State, County and Federal laws governing the separation of dual water systems or installations of back flow protective devices to protect the public water supply from the danger of cross- connections. SECTION 7410.21. INTERRUPTIONS IN SERVICE. The City shall not be liable for damage which may result from an inter- ruption in service from a cause beyond the control of the Utilities Division. Temporary shut -downs may be made by the Utilities Division to make improve- ments and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shut - downs. SECTION 7410.22. INGRESS AND EGRESS. Representatives from the Utilities Division shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service. SECTION 7410.23. TEMPORARY SERVICE. Temporary service will be furnished in conformity with the general regulations applicable and as additionally specified in these regulations. A. Temporary service connections shall be discontinued and terminated within six months after installation unless an extension of time is granted in writing by the Utilities Division. B. The applicant shall deposit,-in advance, the-estimated cost--of installing and removing the facilities required to furnish said service. Upon discontinuance of service the actual cost shall be determined and an adjustment made as an additional charge, refund, or credit. C. All facilities for temporary services to the customer connection shall be made by the Utilities Division and shall be operated in accordance with its instructions. SECTION 7410.24. RATES FOR TEMPORARY SERVICE. The rates for regular service shall be applicable for water used from all temporary services. Where it is not practical to install a meter, the water consumption may be estimated on a basis agreeable to both the customer and the Utilities Division. The applicant shall pay the estimated cost of water in advance or shall be otherwise required to establish credit. SECTION 7410.25. FIRE HYDRANTS. A. Use of and Damage to Fire Hydrants. No person, other than those designated and authorized by the proper authority, or by the Utilities Division, shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. B. Temporary Service on a Fire Hydrant. If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the proper authority. The monthly rates for such temporary service shall be established from time to time by resolution of the Council. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose. C. Moving of Fire Hydrants. When a fire hydrant has been installed.in the location specified by the proper authority, the Utilities Division has fulfilled its obligation. If a property owner or other party desires a change.in the size, type or location of the hydrant, he shall bear all costs of such cnages, without refund. Any change in the location of a fire hydrant must be approved by the proper authority. SECTION 7410.26. WATER SERVICE FOR FIRE PROTECTION. (a) Fire Hydrants: For all projects for which the installation of one or more San Luis Obispo City Standard Fire Hydrants are required by the Fire Chief pursuant to the authority of Uniform Fire Code Section 13.301(c)., such hydrant or hydrants shall be incorporated into a reliable water distribution system which is directly connected to an adequate transmission system. Each City Standard Fire Hydrant required shall be operative and ac- cepted by the Utilities Engineer /Superintendent prior to the commencement of combustible construction on the project. Upon acceptance by.the City of any City Standard Fire Hydrant con- structed by the City or by City administered contract awarded in compli- ance with applicable bidding requirements, the.Utilities Engineer /Super- intendent shall determine the total extent of the properties benefitted by the hydrant installation and shall assign to each parcel or portion of parcel benefitted, a share of the total cost of the hydrant installation. Such assigned shares shall be approved by the City Council. The extent of the properties benefitted shall be determined in accord- ance with the recommendations of the Fire Protection Handbook, 14th Edition, 1976, published by the National Fire Protection Association, or any sub- sequent recognized standard adopted by resolution of the City Council. As a condition to the issurance of a building permit for construction upon a parcel or portion of a parcel to which has been assigned a share of the cost of a City Standard Fire Hydrant, the permittee shall reimburse to the City, or to the party originally funding the hydrant construction, the total assigned share. Such reimbursement obligation shall exist for a period of fifteen (15) years after City acceptance of said fire hydrant. (b) Water Main Improvements for Fire Protection: Upon acceptance by the City of water mains installed to provide a reliable water system in accordance with subsection (a) hereof, and if such mains have been constructed by the City or City administered contract awarded in compliance with applicable bidding requirements, the Utilities Engineer /Superintendent shall determine the total extent of the properties benefitted by the water main installation and shall assign to each parcel or portion of parcel benefitted, a share of the total cost of the instal- lation. Such assigned shares shall be approved by the City Council. The extent of the properties benefitted shall be determined in accordance with the recommendations of the Fire Protection Handbook, 14th Edition, 1976, published by the National Fire Protection Association, or any subsequent recognized standard adopted by resolution of the City Council. As a condition to the issuance of a building permit for construction upon a parcel or portion of a parcel to which has been assigned a share of the water main cost, the permittee shall reimburse to the City, or to the party originally funding the water main construction, the total assigned share. Such reimbursement obligation shall exist for a period of fifteen (15) years after City acceptance of said water main. i SECTION 7410.27. PRIVATE FIRE PROTECTION SERVICE. A. Purpose. A private fire protection service connection in three (3) to ten (10) inch size will be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing. B. Application and Agreement. The applicant will be required to sign an application that will be furnished upon request. C. Installation Charges. The applicant will be required to make payment in advance of the estimated cost of installing the service connection and meter. D. Quantitative Charges. 1. Water for fires: No charge will be made for water used to extinguish accidental fires. 2. Water for fire storage tanks: Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the Utilities Division in advance and an approved means of measurement is available. The rates for general use will be applied. 3. Other. Water lost through leakage or in testing or used in violation of the Utilities Division's regulations, shall be paid for by the applicant at double the rate charged for general use. E. Violation of Agreement. If water is used from a fire service in violation of the agreement or of these regulations, the Utilities Division may, at its option, discontinue and remove the service. F. Ownership of Connection. The service connection and all equipment appurtenant thereto, including the meter, shall be the sole property of the City, and no part of the cost thereof will be refunded to the applicant. G. Pressure and Supply. The Utilities Division assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution sys- tem. All connections, pumps, tanks, chlorinators or other appurtenances installed at any point in the line between the meter and the customer's water outlets shall be the sole responsibility of the property owner, both as to the original installation and as to the maintenance and upkeep. Such installations must be approved by the Utilities Division. SECTION 7410.28. RATES FOR PRIVATE FIRE PROTECTION SERVICE. The monthly rates for Private Fire Protection Service shall be established from time.to time by resolution of the Council. ` r SECTION 7410.29. PENALTIES FOR VIOLATION. Any person preventing or interfering with any employee of the Utilities Division in the lawful discharge of his duties, or tampering with, injuring or destroying the lines, valves, fire hydrants, machinery, meters, property or equipment of the Utilities Division, or taking water from the Utilities Division without first complying with the rules and regulations hereinbefore set forth in this Part, shall be guilty of a misdemeanor.