HomeMy WebLinkAboutOrd. No. 1982-627ORDINANCE N0. 627
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REPEALING CERTAIN
SECTIONS OF VARIOUS ORDINANCES AND THEIR IDENTICAL ____
MUNICIPAL CODE PROVISIONS AND ADOPTING RULES AND
REGULATIONS FOR WATER SERVICE.
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THE CITY COUNCIL OF THE'CITY OF :LAKE ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION ONE.
Section One of Ordinance 562; Section One of Ordinance 568; Section
Two of Ordinance 562; Section Three of Ordinance 269; and Section One of
Ordinance 323, comprising Chapter 13.04 of the Lake Elsinore Municipal Code
are hereby repealed.
SECTION TWO.
Section One of Ordinance 27, comprising Chapter 13.08 of the Lake
Elsinore Municipal Code, is hereby repealed.
SECTION THREE.
Chapter 13.12 of the Lake Elsinore Municipal Code is hereby
renumbered to Chapter 13.22, and each section in said chapter is similarly
renumbered.
SECTION FOUR.
Chapter 13.16 of the Lake Elsinore Municipal Code is hereby
renumbered to Chapter 13.26; and each section in said chapter is similarly
renumbered.
SECTION FIVE.
Chapter 13.24 of the Lake Elsinore Municipal Code is hereby
renumbered to Chapter 13.30, and each section in said chapter is similarly
renumbered.
SECTION SIX.
Chapter 13.28 of the Lake Elsinore Municipal Code is hereby
'enumbered to Chapter 13.34, and each section in said chapter is similarly
enumbered.
SECTION SEVEN.
There is.hereby added to Title 13 of the Lake Elsinore Municipal
ode the following chapters and sections:
CHAPTER 13.01 - GENERAL PROVISIONS
13.01.010 Short Title. This Ordinance consisting of Chapters 13.10
rough 13.15, shall be known and may be cited as "Rules and Regulations for
ter Service."
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13,01,020 Words and Phrases. For purposes of this Ordinance, all
words used herein in the present tense shall include the future tense; all
words in the plural number shall include the singular number; all words in
the singular number shall include the plural number; and all words in the
male gender shall include the female gender.
I 13,01.030 Water System, The City shall furnish a system, plant..
works and enterprise used for and useful in obtaining, conserving,. storing,
transmitting and delivering water for public and private use.
13.01.040 Separability. If any part of this Ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall
not affect the validity of the remainder of this Ordinance.
13,01.050 Pressure Conditions. All applicants for service conn-
ection or water service shall accept such conditions of pressure and service
as are provided by the City's Distribution System at the location of the
proposed service connection, and the City shall not be responsible for any
damages arising from low pressure or high pressure conditions.
13,01.060 Interruption of Service for Emergency Repairs. The City
may interrupt water service to any customer or customers when necessary to
make emergency repairs or when other such emergencies necessitate such
interruption, and the City shall not have any responsibility for damage
arising out of such an interruption in service.
13.01.070 Tampering with Citv Property. No one except an employee
or representative of the City shall atany time or in any manner operate
the curb-cocks, meter valves, main-cocks, gates or valves of the City water
system or interfere with meters, their connections, street mains, or other
parts of such water system; provided that licensed plumbers may close and open
City curb-cocks in order to repair a consumer's control valve.
13,01.080 Violation. Any owner or consumer who fails to comply
with any part of this Ordinance or any other ordinance or resolution of the
City fixing rates and charges for water service may have his service discon-
tinued, and in such event such service shall not be resumed until such owner
or consumer has corrected such noncompliance. In lieu of or in addition to
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such a discontinuance of service, the City may bring an action against such
a noncomplying owner or consumer in a court of competent jurisdiction for
equitable relief compelling such owner or consumer to comply with the City's
regulations and/or for damages.
13.01.090 Charges faz Work.2~iy City Personnel. The City Council
shall establish by resolution a charge for work done by City personnel and
City equipment to be paid by owners requesting such work, or in the event of
damage to City water system facilities, by the person or persons responsible
for such damage. The amount owing for any such work shall be billed by the
City to the owner requesting same or responsible therefor as soon as is
reasonably possible following the completion of such work, and said amount
shall be due and payable as of the date of the City's bill and delinquent if
not paid within thirty (30) days thereafter. The schedule of rates for work
by City personnel and equipment shall be made available at the City office fc
inspection by any interested person,
13,01,100 Notices. Notice from the City to an owner or consumer
shall be given in writing and either delivered or mailed to him at his last
known address, provided that where conditions warrant and in emergencies, the
City may resort to notification either by telephone or messenger, Notice
from an owner or consumer to the City shall be given by him or his authorized
representative either in writing or verbally at the City office or by
telephone to the City office.
CHAPTER 13,02 -DEFINITIONS
13,02,010 "City Council" means the City Council of the City of
Lake Elsinore.
13,02,020 "Consume r'° means a person using water facilities of the
City.
13,02,030 "Cost" means the cost of labor, material, transportation,
supervision, engineering, and all other necessary overhead expenses.
13,02,040 "Cross-Connection" means any physical connectionbetween
the piping system from a City service connection and that of any other water
supply which is not, or cannot be, approved as safe and potable for human
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consumption, whereby water from the unapproved source may be forced or drawn
into the City's distribution mains.
13,02.050 "Developer" means a person who subdivides property within
the City and who makes application to the City for water service for such
subdivision,
13,02,060 "City" means the City of Lake Elsinore.
13,02,070 "Main" means a waterline in:;a street, highway, alley, or
easement tised for public and private fire protection and for general distri
ti on of water.
13,02,080 '°Person" means an individual or a company, association,
co-partnership, or public or private corporation.
13,02,090 "Premises" means a lot or parcel of real property under
one ownership, except where there are well defined boundaries or partitions
such as fences, hedges, or other restrictions preventing the common use of
the property by the several occupants, in which case each portion so
separated shall be deemed as separate premises. Each living unit in an
apartment house or condominium and each separate office in an office building
shall be considered a single premise.
13,02,100 !'Private Fire Protection Service" means water service
and facilities for building sprinkler systems, hydrants, hose reels, and
other facilities installed on private property for fire protection, and the
water available therefor,
13,02,110 "Public Fire Protection Service" means the services and
facilities of the entire water supply, storage, and distribution system of
the City, including the fire hydrants affixed thereto and the water available
for fire protection, excepting house service connections and appurtenances
thereto,
13,02,120 "Owner" means a person owning the fee, or the person in
whose name the legal title to property appears by deed duly recorded in the
County Recorder's Office or the person in possession of property under claim
of, or exercising acts of ownership over same for himself, or as executor,
administrator, guardian, or trustee of the owner.
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1 -. : ., 13,02,130 "Regular Water Service" means water service and facili-
2 ties rendered for normal, domestic, commercial, and industrial purposes on:a
3 permanent basis, and the water available therefor,
4 13,02,140 ~!AUthorized Tenant" means a person occupying premises
5 pursuant to a lease and who is authorized by authority of an agreement with
6 the owner of such premises to receive and pay City bills for charges for
'7 water service to such premises.
g 13,02,150 "Temporary Fire Hydrant Service" means temporary service
9 from a City fire hydrant for construction work and other uses of limited
10 duration with approved meter and appurtenances and the water available
11 therefor.
12 13,02,160 "Service Connection'° means the service line extending
73 from a City water main to the property line of premises and the meter and
14 curb-cock installed at or near the property line.
15 13,02,170 "Fire Service Connection" means the service line extend-
16 ing from a City Water main to the property line of premises for the purpose
17 of providing private fire protection service and the shut-off valve, meter
18 and meter box, back-flow protection device, check valve and detector check
19 meter, if any.
20 13,02,150 "Subdivision" means any division of an existing parcel of
21 land within the City Limits into five (5) or more lots, including a sub-
22 division, a land division subject to a parcel map, and a condominium project.
~3 13,02,190 "Service Charge" the service charge is a ready to serve
24 charge applicable to all metered services which is charged durning periods of
25 one month or longer without water consumption and/or any other charges as may
26 be established by action of the City Council,
27 13,02,200 "Backflow Devices" as defined in compliance with Title 17,
28 Administrative Code of the State of California,
29 CHAPTER 13,03 - GENERAL USE REGULATIONS
30 13,03,010 Waste. No consumer shall knowingly permit leaks or waste
31 of water. When water is wastefully or negligently used on a consumer's
32 premises, the City may discontinue service to such premises if such condition
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are not corrected by the consumer within fourteen (14) days after receipt
of written notice thereof from the City and such service shall not be
resumed until such condition is corrected, In the absence of the owner from
premises where water is being wasted due to a visible leak, the City may
close the curb-cock to prevent further loss of water, and shall thereupon
notify the awner of such action at the address on file at the City office;
and the City shall not be liable for any damage to the owner's appliances
.and premises due to such action.
13,03.020 City Facilities on Private Propert Upon making applica-
ti on for water service for his premises, an owner consents to the installation
by the City on his property of such facilities as may be necessary to provide
(water service thereto, and all such facilities installed by the City on the
owners property for the purpose of providing water service shall be and
remain the property of the City and may be maintained, repaired, or replaced
by the City without the consent of the owner or occupant of the property.
n~o payments shall be made by the City to the owner for placing or maintaining
such City facilities on the owner's property, and the owner shall use
reasonable care not to damage such facilities. Any relocation of such
facilities at the request of the owner shall be at the expense of the
owner.
13,03,030 Damage to Water System Facilities. Owners of premises
shall be liable for damage to water service facilities resulting from acts
of the owners or their tenants, agents, employees or contractors, including
the breaking or destruction of locks on or near meters and any damage to a
meter, including damage by hot water or steam from a boiler or heater on the
owner's premises. An owner shall reimburse the City Finance Department for the
cost of repairing any such damage promptly upon presentation of a bill thereof,
13,03,040 Ground Wire Attachments. No person, firm or corporation
shall attach any ground wire or wires or otherwise use as part of any
electrical circuit any pipe or other plumbing which is or may be connected
to a service connection or main belonging to the City, and the City may
disconnect any such ground wire that has been connected to a City main or
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service connection. The owner of the premises where any suoh ground wire
connection has been made whall be responsible to the City for any damage
occasioned thereby to the City's water system,
13,03,050 Owner's Control Valve. A control valve (stop-and-
waste or Gate valve) shall be installed outside the meter box on the consumer'
side of each service connection to control the flow of water to the water
system on the premises. Except as provided in Section 13,01,070, the
city curb-cock may only be operated by city employees, and no owner or
occupant of any premises shall use the City's curb-cock to turn off or
on the water supply to the water system on such premises.
13,03.060 Cross-Connections. All owners of premises in the City ',
shall comply with state and federal laws governing the separation of dual
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water systems and the installation of backflow protective devices to protect ',
the public water supply from the danger of contamination through cross-c>.
connection, Whenever such backflow protective devices are found to,be
necessary with respect to any premises, all water supply lines from the
City's mains entering such premises or any buildings or structures thereon
shall be protected by an approved backflow device, and such backflow
protective device shall be installed as near the City service connection as
possible. Plot plans or development plans will be submitted to the
Director of Public Works and the City Engineer for approval. Plans in-
dicating the possible need of backflow protective devices as required by
state, federal laws and/or ordinance will require installation plans to be
approved by the Director of Public Works and the City Engineer, It is
the owner's responsibility to have backflow devices inspected and repaired
if necessary, annually by a Certified Backflow Inspector at the owner's
expense. Certification of inspection and/or repair will be filed with
Director of Public Works within thirty (30) days of required inspection
date. Lawn sprinklers and/or watering systems shall be equipped with an
air gap or other devices as approved by Director of Public Works. Yard or
Landscaping water installation plans will be submitted for approval and
inspected upon completion of installation by the Public Works Department.
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Water service will be discontinued to any premises if any defect is found
in a back-flow protective device or if the City finds dangerous unprotected
cross-connections on such premises, and service shall not be restored until
such defect or dangerous condition is corrected or failure to adhere to
any part of this paragraph.
13,03,070 Special Circumstances. When an owner of premises or
his tenant is engaged in the handling of dangerous corrosive liquids or
industrial or processed waters, the City may require such owner to eliminate
certain plumbing or piping connections on such premises as an additional
precaution and in order to protect against backflow,
13,03,080 Relief Valves. Pressure relief valves shall be installed
on the consumer's side of all service connections by the owner to protect
the owner's water system from damage due to variances in water pressure in
the City main,
13,03,090 Ingress and Egress. City employees shall have the right
of ingress and egress to all premises to which the City provides water
service, but not to buildings and structures on such premises, at reasonable
hours for any purpose reasonably connected with the furnishing of water
service thereto, Water Department employees shall carry indentification cards
with them at all times during working hours, and upon entering premises for
the purposes afore-said shall display same to the owner or occupant thereof
upon request.
13,03,100 Non-Registering Meters. If a meter is found not to be
registering, the City shall bill the person whose name appears on the
application or tenant agreement for service through said meter for the
period of time from the date of the last meter reading when said meter was
registering through the date of the discovery that said meter was not
registering, based upon the City minimum monthly water rate or based upon
the estimated consumption of water through said meter during said period of
time to which shall be applied the City water rate schedule, whichever
method results in a greater amount; provided that such an estimate of con-
sumption shall be made based upon previous consumption of water through
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(Said meter for a comparable period or by such other method as is determined
~by the Director of Public Works and/or City Manager to be most equitable,
and the decision of the Director of Public Works and/or City Manager shall
be final.
13.03.110 Replacement. The City may replace a meter for testing
or in the event that the Director of Public Works and/or City Manager
determines that it may not be registering accurately or should be replaced
because of its age or condition.
CHAPTER 13.04 - WATER DEPARTMENT
13.04.010 Water Department. The City water department consists of
City Manager, Director of Public Works, Water Foreman, and other employees
as may be designated by the City Manager.
13.04.020 City Manager. The City Manager shall be responsible for
the application and enforcement of the rules and regulations herein set
forth and for the general supervision of the Director of Public Works and
other employees.
13.04.030 Director of Public Works/Cit Engineer. The Director
of Public Works shall have charge of the operations and maintenance of the
water system, and shall regularly inspect all physical facilities related
to said system to insure that they are in good repair and proper working
order. The Director shall supervise all repair or construction authorized
by the City Council or the City Manager.
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CHAPTER 13.05 - WATER RATES
13.05.010 Water Rates. The rates, charges, and penalties
for different classes of water service by the City shall be established by
resolution of the City Council. The City Council shall by resolution also
establish charges for the installation of service connections to the water
system, which may vary depending upon the size of meter installed. Any
such resolution adopted by the City Council may also provide for ahd
establish an amount to be deposited with the City by an applicant for water
service as a deposit to insure payment of bills for water service and for
water supplied by the City. Nothing in this Ordinance shall be construed
as limiting the authority of the City Council to establish any fee or charge
related to water service which is legally pernissible.
CHAPTER 13.06 - REGULAR WATER SERVICE
13,06,010 Application. An owner desiring water service for his
premises shall make application for water service at the City office. Such
owner shall furnish the City with all information necessary for the City
to complete a water service agreement and shall thereafter sign such
agreement, and at such time the owner shall also pay the City's service
installation charge in full.
13,06,020 Contractors Convenience. When a contractor desires
service to a building under construction and the owner is not available
to sign the water service agreement and pay the required service installation
charge, the contractor may make application for the water service by paying
the service installation charge; provided that the City shall make no
refund of said charge to the contractor, and the contractor shall look
solely to the owner for reimbursement; provided, that if the City is unable
to obtain from the owner a signed agreement for water service within
thirty (30) days after the contractor makes application to the City for
water service, the City may discontinue water service to the contractor.
This section does not apply to temporary fire hydrant service for construc-
ti on water,
13.06.030 Undertaking of Applicant. The act of an owner in
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1 signing an agreement for water service to his premises signifies his willing-
2 ness and intention to comply with this and other ordinances and regulation
3 of the City as they now appear or may thereafter be amended or adopted,
4 relating to regular water service and to make prompt payment for all
5 water delivered by the City through the meter to his premisies.
6 13,06.040 Payment for Previous Service. An application for
7 water service shall not be honored if the applicant has a delinquent account
$ with the City for water or other service.
9 13.060050 Size and Location of Service. The City shall determine
10 the location of all service connections and the size of meters, pipes and
11 other facilities to be installed therein. An owner shall not lay any
12 pipeline from his residence or business establishment to the curb or
13 property line until the Director of Public works has approved the location
14 and size of the water service.
15 13,06.060 General. Service installation shall be made only to
16 property abutting distribution mains in public streets, alleys and easements,
1~ or extensions of such mains as herein provided. The City shall not be
lg responsible for the relocation of service installed in new subdivisions
19 prior to the completipn of street improvements.
20 13.06.070 Curb-Cock, Every service connection installed by the
21 City shall be equipped with a curb-cock on the inlet side of the meter.
22 Such curb-cocks shall be used exclusively by the City in controlling the
23 water supply through the service connection. If a curb-cock is damaged as
24 a result of use thereof by an owner or occupant of premises, such curb-
25 cock shall be replaced at the owner's expense.
26 13.06.080 Changes Resultinq in Increase in Water Consumption. An
27 owner who plans to make material changes in the size, character or extent of
2$ equipment or operations utilizing water service through a City service
29 connection which will result in a significahL increase in use of water
30 through such connection, shall prior to malting any such change notify the
31 City in writing of such plans so that the City may determine whether any
32 changes will be necessary in the size of the meter and other parts of the
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1 service connection to accommodate the expected increase in water usage,
2 and if the City determines that such changes in the service connection
3 will be necessary, the owner shall file a new application for water service
4 with the City and pay to the City the City's charge for the modifications
$ of the service connection. If the City finds that an owner has made such
6 material changes which have resulted in:;a significant increase in water
7 usage on such owner's premises without notifing the City thereof, the
$ City shall notify such owner of the modifications, if any, which will be
9 necessary in the service connection to accommodate such increased water
10 usage, and that the owner is required to make a new application for
11 water service and to pay the City's charge for modification of such water
12 service, and of the amount of such charge, and if the owner does not make
13 such application and pay such charge within seven (7) days after receipt of
14 such notification, the City may discontinue water service to the owner's
15 premises until the owner makes such application and pays such charge and
16 the necessary modification o£ the service connection is completed.
17 13.06,090 Number of Buildings Served by Single Connection, Etc..
ig Service connections shall be installed by the City in accordance with the
19 following requirements:
20 A. One Connection Per Building. Each residence or
21 building under separate ownership shall receive water service through
22 a separate service connection; provided that two (2) or more residences
23 owned by the same person and located on the same lot or parcel may
24 at the discretion of the Director of Public Works be supplied water
25 through the same service connection, and the Director of Public Works
26 may limit the number of such residences which may be supplied with
2~ water.
2$ B. Adjoining Lots. A service connection to one
29 property shall not be used to supply water to an adjoining property,
30 whether such adjoining property is owned by the same or a different
31 owner, or to supply property across a street or alley from the
32 property where the service connection is located.
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C. Division of Property. When a lot or parcel for
which a service connection has been installed is subdivided or split,
the service connection shall be used only to supply the portion of
such lot or parcel where such service connection is located, and the
owner or owners of the other lots or parcels created by such sub-
division or lot split shall make application to the City for water
service.
13.06.100 Service connections as Property of City. The portion of
a service connection extending from the City's water main to the property line
and including the meter, meterbox curb-cock and check valve are the property
of and shall be maintained by the City.
13.06.110 Owner's System, All pipes and fixtures installed and
located beyond the meter or check valve to provide water services to
premises shall be installed by the owner of such premises in compliance
with the requirements of the City of Lake Elsinore and shall thereafter be
maintained by the owner. The City shall not be responsible for water
loss due to leaks or any other occurence on the owner's side of a meter
or check valve.
CHAPTER 13.07 - METERS
13.07.010 Installation and Ownershipo Meters shall be installed
by the City as near to the property line as is practicable. Actual location
of service will be determined by Director of Public Works and/or City
Engineer. Meters, when installed, shall be owned by the City. Meters may
be locked by the City and no lock shall be altered, removed, or broken
except by an authorized City employee.
13.07.020 Testinq and Deposit. Meters shall be tested by the City
or certified by the manufacturer prior to installation and no meter shall
be installed which registers more than two percent (2~) fast or slow.
An owner requesting that a meter serving property owned or occupied by
him be tested shall deposit with the City an amount which in the opinion
of the Director of Public Works shall cover the cost of such testing and
if the meter registers more than two percent (2%) fast, such deposit shall
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be refunded but if the meter registers less than two percent (20) fast
such deposit shall be retained by the City, The owner requesting a
meter test shall be present when said test is conducted. No deposit shall
be required for the testing of a meter with the City portable test meter
prior to the removal of such meter,
13,07,030 Adjustments for Meter Errors. If a meter is tested and
found to be registering more than two percent (2°s) fast, the City shall
refund to the owner the excess amounts collected from such owner during the
period of time within which bills have been sent to and paid by such owner
or for a period of six (6) months, whichever is less. If a meter test
indicates that a meter is registering more than five percent (5~) slow,
the City shall bill the owner for the water which has been consumed by
such owner and not paid for, based upon corrected meter readings for a
period of six(6) months immediately preceding the meter test or if
said owner has not been receiving bills for water service for that entire
six (6) months period, for the period of time during which such owner
has received such bills.
CHAPTER 13,08 - TEMPORARY FIRE HYDRANT SERVICE
13,08,010 General, The Director of Public Works may make water
e available for construction work and other uses of limited duration
h meters installed on fire hydrants in the City's water system, Such
service is herein-after referred to as "temporary fire hydrant service."
13,08,020 Application Deposit. A person, firm or corporation
eeking temporary fire hydrant service shall make application to the
ity and pay to the City Finance Department concurrently therewith the City
peter deposit for the size of the meter which will be required for such service.
aid meter deposit shall be refunded to the applicant if the meter is returned
undamaged at the conclusion of the temporary fire hydrant service.
13,08,030 Installation and Operation, All meters and control
aloes for temporary fire hydrant service shall be inita:ally installed
31 by City employees. The control valve must be used to control the flow of
32 water from the hydrant, and the hydrant valve shall not be used for this
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1 purpose. Proper wrenches must be used to operate hydrant valves.
2 13.08,040 Responsibility for Meters and Valves. The consumer
3 shall exercise due care to prevent damage to the meter and control valve.
q The consumer shall remove the meter and control valve from the hydrant and
$ store them in a safe place at the conclusion of each workday and on week-
6 ends and holidays, and upon removing same shall replace the hydrant caps
~ snugly enough so that they cannot be removed without the use of a hydrant
g wrench, If a meter or control valve is damaged or lost, the consumer shall
g be responsible for the cost of repairs or replacement.
10 13.08.050 Unauthorized Use. Temporary fire hydrant service shall
11 be taken only from the hydrant or hydrants designated by the City, Tamper-
12 ing with or using any fire hydrant for the unauthorized use of water
13 therefrom is a misdemeanor punishable as provided by law.
14 13.08.060 Payment of Water Charges. The consumer shall con-
15 currently with the filing of his application for temporary fire hydrant
16 service deposit with the City Finance Department an amount equal to the
1~ estimated cost of water at the City's prevailing rate for such service for a
18 thirty (30) day period. Temporary fire hydrant service meters shall be read at
19 least every thirty (30) days during such service and at the conclusion thereof.
20 The consumer shall be billed on the basis of such meter readings at the
21 City then current rate for such service at the end of each calendar month
22 and all such bills shall become delinquent on the fifteenth (15th) day
23 of the following month. Failure to pay any bill for temporary fire hydrant
24 service shall result in the discontinuance of such service and the City
25 shall apply the consumer's deposit to the delinquent amount, and shall not
26 resume such service until said deposit is restored and any further delin-
27 quent amounts are paid in full. zf at the conclusion of temporary fire
Z8 hydrant service all bills for such service have been paid in full, the
29 consumer's deposit shall be refunded; provided that no such refund shall be
30 made until all such bills are paid in full and if this does not occur
31 ~^'ithin thirty (30) days after the conclusion of such service, the City
32 shall apply the consumer's deposit to the delinquent bills and refund
the balance if any to the consumer or in the event that the deposit
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is not sufficient to fully pay such delinquent amounts, bill the consumer
for the balance.
13,08,070 Discontinuance of Service. The City may discontinue
temporary fire hydrant service at any time, if in the opinion of the
Director of Public Works such action is warranted to protect City property
or in the event of an emergency, and the City shall exercise reasonable
effort to notify the consumer of an impending discontinuance before
actually discontinuing service.
CHAPTER 13,09 - DISCONTINUANCE OF SERVICE
13.09,010 Discontinuance for Nonpayment. Unless there is a bona-
fide dispute as to the amount of a bill and the owner avails himself of the
procedures set forth in Section 13,10.080, the failure of an owner to
pay a delinquent water bill within ten (10) days after such delinquency
occurs shall result in the City discontinuing water service to such
owner by locking the meter to the premises where such owner receives water
service, and the City shall not unlock the meter and resume service to
such owner until all delinquent amounts are paid in full. The failure of
an owner to pay a delinquent bill for water service within one (1) year
from the date such delinquency occurs shall result in the City disconnecting
the water service and removing the meter for the premises where such
owner receives water service, and such meter shall not be reinstalled and
the service shall not be reconnected until the owner has paid all delinquent
bills for water service in full and the City's then prevailing fee for
i disconnecting and reconnecting a water service; provided that the City
Manager or his designated representative shall have the discretion to enter
into an agreement with such an owner whereby such owner shall pay the
delinquent amount and the reconnection fee in installments and thereupon to
reinstall the meter and reconnect the water service to the premises where
such owner receives water service.
II 13.09.020 Voluntary Disconnection. An owner may request that the
water service to the premises where he receives water service be disconnected,
and upon payment by such owner of an amount equal to the City's monthly
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1 minimum service charge for six (6) months and the amount of all charges for
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2 water through the date of disconnection, the City shall disconnect the water
3 service to such premises and remove the meter therfrom. Following such a
4 disconnection, the owner may have the water service reconnected and the
5 meter reinstalled by paying to the City an additional amount equal to the
6 City's minimum service charge for six (6) months.
'7 13,09,030 Emergency Discontinuance. The City shall upon request
8 of an owner in the event of an emergency and if the control valve on the
9 owner's side of the meter is not working properly, turn off the City's
10 curb-cock, and in the event that the Director of Public Works determines
11 that there is an emergency and that the owner's control valve is not operating
12 properly through no fault of the owner, no charge shall be made for such :.
13 service regardless of when the request is made; provided that if such
14 request is made between the hours of 3:30 P.M. and 8:00 A,M. and the
15 Director of Public Works determines that there was no emergency or that the
16 owner's control valve is not functioning as a result of improper maintenance
17 or if there is not control valve, the owner shall be liable to the City for
1$ the cost in having its employees provide such service.
19 13,09,040 Vacating Premises. Owners desiring to discontinue
20 service shall notify the City prior to vacating the premises where they
21 receive water service, and an owner who vacates premises without notifying
22 the City thereof and requesting a discontinuance of service shall continue
23 to be liable to the City for all_:water supplied by the City through the
24 service. connection and meter to said premises until the City is made aware of
25 the fact that such owner has vacated such premises and an application
26 for water services is made by the new owner or occupant of such premises;
27 Provi@ed that the City may discontinue water service to such premises if
2$ neither the former owner nor the new owner of such premises pays the
29 amount of any delinquent bill for water service to such premises.
30 CHAPTER 13,10 - BILLING
31 13,10.010 Billing, The Director of r: Finance ,, shall establish
32 meter reading and billing periods so that meters will be read and bills
sent on the same day of each month,
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1 13.10,020 Payment of Bills. Bills for water service shall be
2 due and payable as of the date of mailing and shall be delinquent thirty
3 (30) days thereafter. Payment of bills shall be made to the City Finance
4 Department in cash, personal check (other than a second party check),
$ certified check or other cash-equivalent. A consumer whose check is returned
6 by his bank for insufficient funds shall be charged a service charge of ten
7 dollars ($10,00) per return and the Director of Finance may in his discretion
g require such consumer to pay the bill in cash.
g 13.10,030 New Service. New water services installed during
10 and for less than a full billing period shall receive an adjustment
11 on the City's minimum monthly water charge based upon the number of
12 days during said billing period whey. water is supplied through such
13 new service.
14 13,10,040 InclementWeather, At times when meters cannot be
15 read because of inclement weather, the City shall bill owners of premises
16 where meters cannot be read only the minimum monthly charge for water
1~ service until conditions permit the recommencement of regular
18 meter reading, whereupon the City shall bill such owners for all water
19 consumed during the period when their meters could not be read in excess
20 of the quantity permitted upon payment of the minimum monthly charge,
21 provided that an owner shall have the option of paying an amount in
22 addition to the monthly minimum charge based upon his estimate of the
23 amount of water which he has and will consume during the period when his
24 meter cannot be read.
25 13,10.050 Owner Tenant Agreement. Where the owner of premises
26 wishes to have a tenant to whom he has leased the premises billed for
27 water service to such premises, the owner and tenant shall enter into the
28 City's standard form owner-tenant agreement and upon the filing of such
29 agreement with the City, the City shall bill the tenant for all water service
30 to such premises provided that such an agreement shall. not relieve the
31 °`~er of responsibility for unpaid bills for water service to such
32 premises and provided further that the City shall not permit an owner
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and tenant to enter into such an agreement if the tenant owes the City
a delinquent bill for water previously provided by the City to the
tenant.
13.10.060 Water Use without Application. A person who takes
legal title to and occupies premises and thereafter uses water from an
active service connection without having made application to the City
for water service shall be liable to the City for water delivered from
the date: of the City's last meter reading of a meter at such premises
and if the meter is found to be inoperative the billing for such water
delivered shall be based upon an estimate of the amount delivered and
provided further that if such a person does not make proper application
for water service within seven (7) days after receipt of notification
to do so from the City or if such person does not promptly pay the bill
for water delivered from the date of the City's last meter reading to
the date of such bill, the water service to such person°s premises shall
be discontinued by the City without further notice.
13.10.070 Responsibility for Leaks. The City shall not be
responsible for water supplied through a meter as a result of leaks
in the owner's water system or plumbing or as a result of the owner
leaving plumbing fixtures turned on during the time when the owner is
absent from the premises or for any damage or monetary loss which may
result therefrom. If the City is requested by the owner to turn on the
water to the owner°s residence and such residence is vacant and the
City employee ascertains that the meter to such residence is registering
the City employee shall not turn on the water service but shall leave
the same off at the curbcock on the inlet side of the meter. Upon
discovery of a leak in an owner's water system, which in the dicretion
of the Director of Public Works is causing a waste of water, The
Director of Public Works may discontinue service to such owner's
premises until such leak is repaired by the owner and the owner;'has paid
in full the amount of any delinquent bills for water service.
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13,10.080 Disputes. If an owner disputes the amount of a bill
for water service or that such a bill is owned by him, he shall notify the
City in writing of such dispute and the Director of Finance shall upon
receipt of such notice, notify the owner of at least two (2) dates and
times when the Director of Finance will be available to meet with such
owner to discuss the disputed bill. If the owner wishes to avail himself
of the opportunity to meet with the Director of Finance, he shall present
himself at the City offices at one of the times mentioned in the Director
of Finance notice and the Director of Finance shall meet with him and
hear his complaint. The :CityoManager.'_upon recommendation of the Director
of Finance may, at his discretion adjust the disputed bill or enter into an
agreement with the owner permitting him to pay the bill or the adjusted
balance in installments over a specified term of months.
13,10.090 Deposit.
1. Domestic Water Service. A cash deposit, to the City Finance
Department, shall be required of all applicants requesting water service
before water service is rendered the applicant,
2, Fire Hydrant Meter. A deposit, to the City Finance Department,
shall be required before service is rendered.
13.10,100 Deposit Refund.
1, Property Owner, Deposit may be applied to customer water account
after one (1) year of good credit determined by payment of all water
charges on time.
2, Renters. Deposit will be held until water account is closed and
will be applied to the final closing bill.
3, Refund of any credit due the .customer will be refunded within
thirty (30) days after the account is closed.
CHAPTER 13,11 - COLLECTION
13,11,010 Legal Action. The City may collect delinquent bills
for water service by civil action in court.
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13,11.020 Collection on Tax Bills. Pursuant to Section 54354
of the Government Code, the City may cause delinquent or unpaid charges
for water service to be recorded as provided by law and thereafter to
constitute a lien upon the real property served until fully paid or
the property sold therefor,
CHAPTER 13.12 - MAIN EXTENSIONS
_..
13.12.010 Deposit and Design. If the City Manager and/or
Director of Public Works determines upon reviewing an application for
regular water service that a City water main is not available or if an
an existing water main is not capable because of its size or condition to
provide adequate water pressure and fire protection service to the
premises for which applicationis made, the owner-applicant shall deposit
with the City concurrently with the filing of his application for water
service the estimated cost, as determined by the City Engineer, of the
design and installation of an extension of the City water main or of
a new main which will provide adequate water service to the applicant's
I premises. Thereafter, the City Engineers: shall design the water main
extension or new water main and the City shall have such main exten-
Sion or new main installed.
13.12.020 Oversizinq; Participation; Transfer or Services. The
City may elect to install a main extension or a new maih of a diameter
which exceeds the diameter of the main which, in the opinion of the City
Engineer, would be necessary to provide water service to an applicant's
premises; in which case, the City shall pay the difference in the cost
of the pipe installed and the cost of ,the pipe, which in the opinion
of the City's Engineer, would have been necessary to provide water
service to such premises; and provided further that if a new main is
installed, the City may elect to transfer services from the existing
(City main to the new main, and to connect to such new main new homes
and business establishments constructed on properties-that were ad-
~~jacent to and would have received water service from such existing
main, and no reimbursement shall be owing to the applicant as a result thereof.
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13,12.030 Additional Cost or Refund. If the cost of a main
extension or new main, or if the City elects-to install a larger main
that what would be necessary to provide water service to an applicant°s
premises, the applicants share of such cost exceeds the amount of the
applicant°s deposit, the applicant shall pay such excess to the City
before receiving waterservice from the City, or if the cost of such
a main extension or new main, or of the applicant's proportionate share
thereof, is less than the amount of the applicant's deposit the City
shall refund the balance thereof to the applicant.
CHAPTER 13,13 - WATER SERVICE TO SU BiJIVISIONS
13.13.010 Application. A developer requesting water service
for a subdivision within the City shall file a letter of application
with the City containing or accompanied by the following:
(a) The name, address and telephone number
of the developer and the developer's engineer;
(b) Three (3) copies of a map showing the
topography and boundaries of the proposed subdivision and
tentative lot and road layout;
(c) A legal description of the property which
is proposed for subdivision; and
(d) A statement as to whether or not the sub-
division of the proposed property is to be phased and, if so,
a projection of the timing of the development of each phase of
the subdivision,
13,13,020 Feasibility Study and AvailabilityS:Le'tter, Upon
receipt of such a letter of application, the City engineer shall conduct an
investigation and determine the City's cost of conducting a feasibility
study with regard to providing water service to the proposed subdivision,
and upon completion of such study shall transmit to the developer a
statement of the City°s cost for the feasibility study. Upon receipt
from the developer of the cost of the feasibility study, the City staff
shall undertake an investigation of the feasibility of providing
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1 water service to the proposed subdivision and shall report the findings
2 of such study to the City Council. Upon receiving the feasibility study
3 report from the City staff, the City Council shall either approve or
4 disapprove of the City providing water service to the proposed sub-
s division, and if the City approves such service, shall authorize the
6 City Manager or his designated representative to issue.a letter to the
7 City of Lake Elsinore Planning Department and the developer stating
$ that the City's water system is available to the proposed subdivision,
9 and that upon the developer making satisfactory financial and other
10 arrangements with the City regarding the construction of facilities
11 to extend the City water system to the proposed subdivision and the
12 construction of the water system within the proposed subdivision
13 and otherwise complying with the City rules and regulations regarding
14 water. service, the City will provide water service to the proposed
15 subdivision.
16 13.13.030 Main Extensions. zf the City Engineer and/or Director
1'7 of Public Works determines that it is necessary to extend a City Water
1$ main or mains to bring the City water system to the exterior boundaries
19 of a proposed subdivision or if the City Engineer and'/or Director zif
2Q Public Works determines that an existing City water main is not of
2L sufficient size to provide adequate water pressure and fire protection
22 service to a proposed subdivision,`the..developer shall deposit with the
'73 City at the time he presents the plans and specifications for the water
24 system for the proposed subdivision to the City for approval for
25 purposes of the recording of the final map for the proposed subdivision
26 the estimated cost, as determined by the City engineer, of the design
27 and installation of the water main extension or the water main which in
28 the opinion of the City?Engineer is needed to replace an existing
Zg inadequate water main, . :?, Such amount shall be utilized by the City
30 to design and install such water main extension or new water main;
31 provided that the City may determine to install a main of greater size
32 than, in the opinion of the City Engineer, would be necessary to supply
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1 the proposed subdivision with water service, in which event the City
2 shall be responsible for the difference in cost between the size of
3 pipe used in such main or mains and the size of pipe, which in the
4 opinion of the City Engineer, would be necessary to supply the proposed
$ subdivision with water and fire protection service. if the cost of the
design and installation of the water main extension or new water main,
~ not including the cost differential, if any, for oversize pipe
$ exceeds the amount of the developer's deposit, the City shall notify
9 the developer thereof in writing and the developer shall pay such excess
10 to the City before receiving water service for the subdivision from
11 the City or if the cost of the design and installation of such water
12 main extension or new water main is less than the amount of the
13 developer's deposit, the City shall refund the balance thereof to the
14 developer,
15 13,13.040 On-site Water System. The developer shall also
16 construct and install at his sole expense the water system within the
17 proposed subdivision, The plans and specifications for such water
18 system shall be prepared in accordance with the City standard con-
19 struction specifications, and such water system shall be constructed
20 and installed in compliance with the City's requirements.
21 13.13.050 Plan Check. A developer requesting approval of the
22 plans and specifications for a water system for a proposed subdivision
23 with the City shall pay the City Plan check fee and shall concurrently
24 therewith deliver to the City the following documents:
2$ A. Three (3) copies of the plans and specifications
26 for the water system;
27 B, A performance bond in a form and issued by a
Z8 surety acceptable to the City, naming the City as obligee, and
29 issued in a principal amount equal to 100% of the total estimated
30 cost, as determined by the City Engineer, of the construction of ~:.
31 the water system and facilities shown in said plans, and
32 conditioned upon the satisfactory completion of the construction
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and installation of the water system and facilities and guaran=
teeing that such water system and facilities shall be free f.
defects resulting from faulty materials or workmanship for a
period of two (2) years from the acceptance thereof by the
City Manager,
C. A labor and material payment bond in a form
and fissured by a surety acceptable to the City naming the City
as obligee, and issued in a principal amount equal to 100% of
the total estimated cost, as determined by the City Engineer,
the construction and installation of the water system and
facilities and conditioned upon the payment by the developer
and his contractor of claims of all persons entitled to file
mechanic's liens or stop notices pursuant to Civil Code Secs.
3110, 3111, 3112, and 3115.
Upon delivery of such plans, documents and the plan check fee, the
City Engineer or-" the Director of Public Works shall review the plans
and specifications, and if they are prepared in conformance with the;
City's requirements, and if such other documents are in satisfactory,
form, shall certify same to the City Council, whereupon the City Council
shall authorize the Airector of Public Works and/or City Engneer:.to
make the required certifications to the County of Riverside for
recording of the final map for the subdivision, and the City shall '',
thereupon also issue to the developer a construction permit authorizing
construction of the water system and facilities for the subdivision.!
13,13,060 Construction and Inspection. Prior to commencing
construction of a water system in a proposed subdivision, subdivisions or
any required extension or replacement of a City water main (hereinafter
collectively referred to as "water system"), the developer shall
notify the City and shall deposit with the City the City inspection fee
for inspecting the installation and construction of the water system.
The City shall inspect the construction and installation of the
water system, to insure that such construction is accomplished in
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1 compliance with the City's requirements. The City employees and
2 agents who perform such inspection shall have no duty to the developer
3 or his contractor, and shall inspect solely for the City to insure that
4 the water system is constructed and installed in accordance with the
5 City requirements.
6 13,13.070 Acceptance of Water System. Upon satisfactory
7 completion of the construction and installation of a water system in
8 a subdivision and any required extension or replacement of a City water
9 main, as determined by the City Engineer, and Director of Public Works,
10 the developer or his contractor shall file a notice of completion
11 with the County Recorder of the County of Riverside and shall furnish
12 the-City with a conformed copy of such notice containing thereon the
13 stamp of the Recorder indicating the time and date of recording and
14 the book and page number where said notice was recorded. Upon the
15 expiration of the statutory period for the filing of mechanic°s liens,
16 the developer or his contractor shall deliver to the City copies of
17 all mechanic's liens which have been recorded and lien waivers or
18 releases from all persons filing such mechanic's liens and from all
19 other subcontractors, material and equipment suppliers, and all persons
20 supplying labor for the construction and installation of the water
21 system indicating that all such persons have been paid in full for the
22 labor, equipment or materials supplied by them for such construction.
23 At such time the developer shall also deliver to the City (1) duly
24 executed and acknowledged grants of easements for all pipelines and
25 other water system facilities which have been constructed and installed
26 other than in the public streets within the subdivision, (2) a duly
27 executed and acknowledged grant deed conveying unto the City all water
28 system facilities installed within the subdivision and all extensions of
29 the District's water mains to provide water service to the subdivision,
30 and (3) a duly executed and acknowledged grant deed conveying to the
31 City all water rights appertaining to the subdivision. All such
32 instruments shall be in a form acceptable to the City's legal counsel.
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1 The developer shall also deliver to the City one set of reproducible
2 record drawings for the water system and one set of prints showing
3 the exact locations, depths and descriptions of all water system
4 facilities with the subdivision. Upon receipt of all such drawings and
g documents, and upon receiving written certification from the City's
engineer and/or Director of Public Worksthat the water system has been
'] constructed and installed in accordance with the City's requirements,
g the City Council shall adopt a resolution accepting the water system
q and all such grants of easements and deeds and authorizing the recordation
10 of same.
11 CHAPTER 13,14 - PUBLIC FIRE PROTECTION
12 13,14.010 Use of Fire Hydrants. Fire hydrants are installed
13 in the City water system for the use of City employees and firemen and
14 employees and firemen of their fire protection agencies, and no other
15 person shall use a City fire hydrant without first obtaining the
16 written approval of the Director of Public Works. A person obtaining
1~ such written approval shall operate the specified hydrant or hydrants
18 in accordance with instructions issued by the Director of Public Works.
19 13.14,020 Relocation or Replacement of Hydrants. Any person
20 requesting the relocation or replacement of a fire hydrant in the City's
21 water system shall be responsible for all costs of such relocation or
22 replacement, and shall deposit with the City Finance Department, at
~3 the time of such request, the estimated cost of such relocation or replacement,
24 and if the actual cost thereof exceeds the amount of such deposit, shall pay
25 the balance of such cost to the City Finance Department within ten (10} days
26 after receipt of an invoice therefor from the City, or if such cost is less
2~ than the amount of such deposit, the City shall refund the balance to the
28 depositor.
29 13.14.030 Additional Hydrants. If a property owner requests instal-
30 lation of additional fire hydrants in the City's water system in order to
31 comply with increased requirements for the spacing of hydrants necessitated
32 by a change in the zoning for his property or an intended change in use of
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1 such property, or if the City determines upon examining an application for
2 water service that the intended use of the property for which such application
3 is made will necessitate the installation of additional hydrants, the owner of
q such property shall be responsible for the cost of installing such additional
5 hydrants and shall deposit with the City Finance Department, the estimated
cost of such installation, and if the actual cost thereof exceeds the amount
7 of such estimate, shall pay the balance of such cost to the City Finance ',
g Department within ten (10) days after receipt of an invoice therefor from the
g City, or if such cost is less than the amount of such deposit, the City shall
10 refund the balance to such owner.
it 13.14.040 Maintenance. The City's Public Works Department shall
12 maintain all fire hydrants installed in the City's water system. If a
13 fire hydrant is damaged by act of any person, such person shall be r
14 responsible for the cost of the repair or replacement of said hydrants.
LS CHAPTER 13.15 - PRIVATE FIRE PROTECTION SERVICE
16 13.15,010 Application and Deposit. A person seeking private
17 fire protection service from the City shall enter into an agreement with
18 the City setting forth the terms and conditions of such service. Each
19 such applicant shall deposit with the City, concurrently with the
20 execution of such agreement, an amount equal to the estimated cost of
21 the installation of the fire service connection, which may include, at
22 the discretion of the Director of Public Works, a shut-off valve, meter
~3 box and meter, back-flow protection device and detector check meter.
24 If the actual cost of such installation exceeds the amount of such deposit,
25 the applicant shall pay to the City Finance Department the balance of such
26 cost within ten (10) days after receiving an invoice therefor from the City,
z7 or if such actual cost is less than the amount of such deposit, the
28 City shall refund the balance to the applicant. The installation of
29 all fire service connections shall be made by City employees or a
30 contractor selected by the City.
31 13.15.020 On-Site System. Each applicant for private fire
32 protection service shall be responsible for and bear the entire cost
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of the installation of the building sprinkler system and other facilities
to be installed on the applicant°s property beyond the fire service
connection. Upon the installation of such facilities and the fire
service connection, the applicant shall be responsible for the
maintenance of the back-flow protection device, check valve and
detector check meter, if any, and the facilities installed on the
applicant's property to provide fire protection service. If the City
finds .that a back-flow protection device, check valve or detector
check meter is not operating properly, it may repair or replace same
and charge the owner the cost thereof.
13.15.030 Cross-Connections. There shall be no connection
between private fire protection service and any other water distribution
system on an applicant's property, and such private fire protection
service shall be equipped with back-flow protective devices to protect
against contamination of the public water supply.
13.15.040 Use of Water. There shall be no water used through
a private fire protection service except for extinguishing fires and
for testing the building sprinkler system and other facilities on
the applicant's property. Any consumption recorded on a meter for
private fire protection service which relates to water which is used
for purposes other than those hereinabove permitted shall be billed
at twice the City's regular domestic water rates.
SECTION EIGHT.
This ordinance shall take effect as provided by law.
INTRODUCED AND PASSED UPON FIRST READING this 22nd day of December,
1981, upon the following roll call vote:
AYES: Councilmen Baldwin, Unsworth, MacMurray, Torn and Mayor Stewart
NOES: None
ABSTENTIONS: None
ABSENT: None
//// //// ////
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PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th
day of JdnUdry 1982, upon the following roll call vote:
AYES: Councilmen Torn, Unsworth, Baldwin, MacMurray and Mayor Stewart
NOES: None
ABSTENTIONS: NOne
ABSENT: None
ATTEST:
~~
Manuel A. Rede, City Clerk
(SEAL)
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