ORD-13-84 RELATING TO THE CITY WATER SYSTEML
309
ORDINANCE NO. 13-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTERS 13.
04,13.08, 13.12, 13.16, 13.20, 13.36
AND 13.44 OF TITLE 13 OF THE ORANGE
MUNICIPAL CODE RELATING TO THE CITY WATER
SYSTEM.WHEREAS, that division of Title 13 of the Orange
Municipal Code concerning the water system has not been amended for
many years;
and WHEREAS, the purpose of these amendments are to revise
those chapters which no longer accurately state the latest City
require-ments and to improve and clarify the manner in which these
require-ments are
presented.THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Amend Section 13.04.110 of Chapter 13.04 of the Orange
Municipal Code to read as
follows:13.04.110 Use of Fire Hydrants--Changing or Moving.
Any person desiring a change in the size, type or location of a
fire hydrant shall bear all costs of such changes. Any such change
shall be approved by the
Water Superintendent.
SECTION II:Amend Section 13.08.050 of the Orange Municipal Code
by revising the second sentence to read
as follows:A service charge must be paid when a serviceman
is dispatched."
SECTION III:Amend Subsection B of Section 13.12.030 of Chapter 13.12
of the Orange Municipal Code to read
as follows:B. This Index adjustment also will apply to fire
servIce fees Section 13.32.020), hot tap fees (Section 13.44.080) and
water main fees (Section 13.
44.070).
SECTION IV:Amend Subsection C of Section 13.16.100 of Chapter 13.16
of the Orange Municipal Code to read
310
C. Whenever a service call is made to shut off water, turn on
water or any other reason connected with discontinuance of service or
nonpayment, or under any ordinance, rule, regulation or requirement
of the City, service will not be restored until payments of all
amounts due have been received, including applicable service charges
and deposits.
SECTION V:
Amend the second sentence of Section 13.20.010 of Chapter 13.20
of the Orange Municipal Code to read as follows:
In reference to existing outside water contracts or connec-
tions, such outside users shall comply with all of the terms of this
Chapter and shall pay for water at the outside rate, which shall be
one and one-third times the regular rates shown in Section 13.16.
040B and Section 13.16.090; provided, also, that in case of
public disaster or emergency near the City, the City Council may
grant temporary water service to areas affected during and for a
reasonable time following such emergency at the rates provided for outside
water users by this
Section."SECTION
VI:Amend Chapter 13.36 of the Orange Municipal Code as
follows:A. Revise title of Chapter 13.36 to read as
follows:REGULATIONS RELATING TO CROSS
CONNECTIONS B. Revise Section 13.36.010 to read as
follows:13.36.010 Required. All consumers shall comply with
the regulations of the California State Department of Public
Health.C. Revise Section 13.36.020 and Subsection 13.36.020A to
read as
follows:13.36.020 Installation of Backflow Protection Devices, etc.
To comply with the regulations required by this Chapter, the City
shall require the installation of approved backflow protection devices
at the expense of the consumer and before service will be granted
under any of the following
conditions:A. Where an auxillary water supply is available from a
well,spring, reservoir or other source; if the consumer agrees to
abandon this auxillary supply and agrees to remove all pumps and
piping necessary for the utilization of this supply, the installation
of backflow protective devices will not be
required.D. Add Subsection 13.36.020D after Subsection 13.36.020C
to read as
follows:D. Where the structure served is three (3) or more
stories above ground
level."ORD 13-84 2 -
E. Revise Section 13.36.060 to read in its entirety as follows:
311
13.36.060 Protection Against Interstreet Main Flow. Two or more
services supplying water from different street mains to the same
building, structure or premises, through which an inter street main
flow may occur, shall have an approved backflow protection device on
each water service to be located adjacent to and on the property side
of the respective meters.
F. Revise Section 13.36.070 to read as follows:
13.36.070 Inspection of Backflow Protection Devices by City.
A. The double check valve or other approved backflow devices may be
inspected and tested periodically by the City.
B. In addition, the regulations of the State Department of
Public Health require that the owner of any premises, on which or on
account of which check valves or other protective devices are
installed, inspect these devices for water tightness and reliability
at least every twelve months. The devices shall be repaired or
replaced whenever they are found defective, and all costs of repair
and maintenance shall be borne by the consumer. Records of such
inspections, repairs and replacements shall be kept by the owner and
made available to City upon request.
SECTION VII:
Delete the existing Chapter 13.44 of the Orange Municipal Code
and substitute in place thereof the new Chapter 13.44 which reads as
follows:
Sections:
13.44.010
13.44.020
13.44.030
13.44.040
13.44.050
13.44.060
13.44.070
13.44.080
13.44.090
13.44.100
13 .44.110
13.44.120
13.44.130
13.44.140
13.44.150
Chapter 13.44
WATER MAINS
Application--
Filing Design of Mains--Plan
Check Fee Deed of
Easement Required Installation
of Mains Charges
for Mains Cash or Surety
Bond Required Water Main
Connection Charges Charges for
Hot Taps Extension of Mains to
Proposed Development-Refund
of Charges Extension of Mains--Approval
of
City Council Required Installation Made
by Water
Department--Paymnt of Cost
Replacement of Mains--City Authority
Replacement of Mains--Customer'
s Expense False or Fraudulent Statements
Service
Costs and Rates Established by
l___~312 13.44.010 Application--
Filing.
It shall be the duty of every person as owner or
subdivider of a single lot, subdivision or tract of land desiring water
service to such lot, subdivision or tract of land, to file written
application therefore with the Water Department.13.44.020
Design
of Mains--Plan Check Fee. A. Each applicant for service to
more than a single lot, such as for a subdivision,shall furnish to
the Water Department copies of the map of the proposed subdivision, or
other such development, as approved by the City. The Water
Department shall design the required water system with the necessary
mains, valves, fire hydrants, etc., indicating sizes and locations.
Charges and estimated costs shall be based upon the water system
so designed.B. A plan
check fee which shall represent the cost to the City for the processing
of development plans, including engineering,clerical and administrative
personnel utilized to design the required water system and
review other required plans or drawings, prepare invoices and otherwise
service the development, shall be based on one percent of the
value of the on-site pipeline materials installed within the
development with a minimum of One Hundred and Fifty Dollars ($150).
Said fee will be applicable to all developments requiring on-
site facilities to be dedicated to the City and shall be invoiced
with other applicable Water Department charges and payable prior
to final Water Department approval of any improvement plans or final
tract map approval.13.
44.030 Deed of Easement Required. A. Whenever land is to be subdivided,
any easements needed for water mains which may be appurtenant
thereto or which may be used exclusively thereon shall be deeded
to the City in consideration for the City approving any application
for City water to be placed on such tract or sub-division.
Said deed to the City shall be executed before any such application
shall be approved by the City Council.B.
The Water Department, in no instance, shall install or permit
to be installed any mains, meters or other facilities off the City
property or on property over which the City has no easement.13.
44.040 Installation of Mains. All water mains inside of a subdivision
or any other similar development shall be as designed by the
Water Department and shall be installed to City specifications,under
City inspection, by the developer at his cost. All water main installations
shall be performed by a contractor possessing a California
Class A license or C-34 specialty license. The material
used by the developer for water mains shall be purchased from the
City except, in case any material is not available when needed, the
Water Department shall allow the developer to purchase specified
material as would be purchased by the City.
13.44.050 Charges for Mains. A. The applicant shall pay to the
Water Department cash ~n the amount determined by the Water
Superintendent for materials to be purchased from the City and for
inspection services related to the installation of the mains.
B. The cost of all material furnished by the City Water
Department shall be cost, plus ten percent f.o.b. the City Yard. The
estimated cost shall be paid prior to final tract map approval in
ORD 13-84 4 -
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313
case of tracts and before any material is issued and after easements
have been furnished in all other types of developments.
C. In case a water main of larger diameter is required, as
covered otherwise in this Chapter, for transmission, the City
shall pay for the increased cost of installation by negotiation
with the developer or his contractor.
D. In case a water main serving one side of a street is
installed by a developer and it is evident that the same main will
eventually serve the other abutting property, a proportional cost
shall be negotiated.
E. In case a main installed by a developer can serve only
the property being developed, the total cost of the main shall be
borne by the developer.
F. Upon the completion of the installation of any mains or
appurtenances, the same shall become and remain the property of
the City. Prior to final acceptance of the water maIns and
appurtenances by the City, the developer shall provide to the City
a verified Construction Cost Statement which itemizes the
developer's costs for construction of water mains and appurte-
nances.
13.44.060 Cash or Surety Bond Required. A. Application for
water serv~ce to any tract or development involving on-site
mains shall also require that the developer furnish a cash or
security bond to cover the total estimated cost to the applicant of
such
mains.B. Such bond shall be furnished prior to final tract
map approval in case of tracts and before material is issued in
all other types of
developments.C. Bonds will be released only after all work has
been completed and any additional charges, including those for
water used prior to occupancy have been
paid.D. In case there are unoccupied structures or
otherwise inactive meter service accounts on the property and the cash
or surety bond is to be released, cash deposits must be made for
such individual meter
services.13.44.070 Water Main Connection Charges. A. Each
applicant for water service to property not now served who has not,
either in person or through his predecessor in interest, paid a
water main connection charge, or the equivalent thereof, shall pay
the applicable water main connection charges in accordance with one
of the following schedules based on the location and type of
devel-opment; and, if the applicant, either in person or through
his predecessor in interest, has been paid any amount for
rights-of-way for the installation of the water main serving or
to serve said property, then such applicant shall, before
such application is accepted, reimburse the Water Department the amount
paid for
such right-of-way.B. Water main connection charges shall
be payable prior to final tract approval or shall be
payable upon application for water service in the case of
developments not involving approval
of a tract map.C. Water main connection charges shall
be based on the acreage of the property served in
accordance
with the following schedule:5 -
1L.._..__.___.___..__~____..~--.~-.. .-~-.~--~--314 All uses Below Elevation 400
1230
per acre
1440 per acre
1650 per acre
Above Elevation 400
1870 per acre
Residential Commercial Industrial
D. "Acreage" is
defined
as
the
area of any lot, parcel,subdivision or other property exclusive of
any existing dedicated street rights-of-way or other
easements which severely restrict the use of the property.
E. The minimum charge
for a water main connection charge on property not formerly served
and on which a charge is applicable shall be One Hundred
Fifty Dollars ($150.00).13.44.080 Charges
for Hot Taps. All hot taps required to connect existing City mains
to inside mains to provide water service to any lot, parcel
or subdivision shall be performed by City crews at the developer's expense
in accordance with the following fee schedule:HOT TAPS Diameter
of
Main (Inches)
Diameter of Branch (Inches)Fee 12 12 12 12
12
10
10
10
10
8
8
8
6
6
4
12
10
8
6
4
10
8
6
4
8
6
4
6
4
4
1780
1510
1340
1200
1080
1460
1280
1120
1040
1120
990
880
880
790
760
13.
44.
090
Extension
of Mains to Proposed Development-Refund of Charges. The City
may extend existing mains to proposed developments at City expense
or may enter into an agreement with the developer or developers for the
extension in the same manner as if the mains were inside of a
subdivision or similar development. In such case, the developer shall file
a statement with the Water Department showing his costs so
that, if at a later time connections are made to said mains by persons
whose lands abut, then the Water Department shall collect the applicable
charge and refund the developers or their heirs or assigns,
the applicable charge, but not more than his cost;provided, however, that
unless connections are made to the mains and ORD 13-84
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315
payments therefore are made within ten (10) years after completion of
the mains, then the charges shall be collected, but shall not be
disbursed to the persons who installed the main, and the payments
shall belong to the City.
13.44.100 Extension of Mains--Approval of City Council
Required.An installation or extension of water mains estimated to cost
Seven Thousand Five Hundred Dollars ($7,500) or more shall require
the approval of the City Council. If estimated to cost less than
Seven Thousand Five Hundred Dollars ($7,500), the same may be made on
the approval of the Water
Superintendent.13.44.110 Installation Made by Water Department-Payment
of Cost.In all cases where an installation is requested of
the Water Department for any purpose not covered by other provisions
of this Chapter or other ordinances, and such request is granted, the
cost of such installation by the Water Department shall be paid
by
the applicant.13.44.120 Replacement of Mains--City Authority. The
City may at any time replace existing water mains with larger
mains when either the actual or anticipated development in the area adjacent
to or near such mains makes such existing mains
inadequate; provided, the persons connected to the old mains which become
inadequate because of the increased development shall not be required to
contribute to
the cost thereof.13.44.130 Replacement of Mains--Customer'
s Expense. When the Water Superintendent determines that it ~s
necessary to replace or relocate water mains located in public
street or highway rights-of-way, the City shall reconnect all
water services to such mains replaced or relocated at no cost
to the property owner; provided,however, when, in the opinion
of the Water Superintendent, water mains located outside of public
street or highway rights-of-way are required to be replaced
or relocated onto public street or highway rights-of-
way, the City shall provide water service of equivalent size off the
new water main within the public right-of-way and it shall
be the customer's responsibility to connect to the new water main
at the expense of the customer and within One Hundred Twenty 120) days after
the completion of the new water main. At the end of the
One Hundred Twenty (120) day period, the City shall have the
right to disconnect water service and abandon
the former water main.13.44.
140 False or Fraudulent Statements.any
false or fraudulent application,
statement under the provisions of
this Chapter.No person shall make or report to the
City 13.44.150 Service Costs and Rates Established by Resolution.
The City Council may establish water service costs and rates, all costs of
water mains and the charges to be made therefor, cost
of installing water utility lines and all other costs established by this Code under
Chapters 13.04 through
13.44, by a Resolution
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SECTION
VIII:A
summary of this Ordinance shall be published and a certified copy
of the full text of this Ordinance shall be posted in the Office of
the City Clerk at least five (5) days prior to the City Council meeting
at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this
Ordinance's passage in the Orange City News, a newspaper of general
circulation, published and circulated in the City of Orange.The
City Clerk shall post in the Office of the City Clerk a certified copy
of the full text of such adopted Ordinance along with the names of
those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
ADOPTED
this 20th day of March 1984.ATTEST:
dg~/
CityClerkofthCiKy0 Orange STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss CITY
OF ORANGE )I,
MARILYN J. JENSEN, City Clerk of the City of Orange, California,do
hereby certify that the foregoing ordinance was introduced at the regular
meeting of the City Council held on the 13th day of March ,
1984, and thereafter at a regular meeting of said Ci
ty Council duly held on the 20th day of March , 1984,was
duly passed and adopted by the following vote, to wit:-AYES: COUNCILMEN:
SMITH, BARRERA, MAYOR BEA~1, PEREZ, BEYER NOES: COUNCILMEN:
NONE ABSENT: COUNCILMEN:
NONE WITNESS my
hand and seal this 21st day of March 1984.nd~(J~
yV Marilyn J
Jensen City Clerk
of the City of Orange ORD 13-
84 8 -