Chapter 16.04
WATER SERVICES AND CHARGES*

*    For statutory provisions pertaining to municipal operation or regulation of the water supply, see Gov. Code §§ 38730 et seq.

For constitutional provisions pertaining to the right of municipal corporations to establish, operate and regulate public works, see Constitution, Art. 11 § 19.

For constitutional provisions pertaining to restrictions on local control of public utilities, see Constitution, Art. 12 § 23.

For constitutional provisions pertaining to regulation of rates, see Constitution, Art. 14 § 1.

Sections:

16.04.010    Definitions.

16.04.020    Service area.

16.04.030    Description of service.

16.04.040    Application for service.

16.04.041    Connection of new water services.

16.04.050    Installation of services – Eligibility requirements.

16.04.051    Minimum standards for service.

16.04.051A    Main replacement.

16.04.052    Conditions imposed on applicant.

16.04.060    Number of services per premises.

16.04.061    Size and location of service connections.

16.04.065    Conditions for use of master water meters.

16.04.070    Resale of Water.

16.04.075    Supply to separate premises.

16.04.080    Meter installations.

16.04.090    Change in location of meters.

16.04.100    Change in size of meter.

16.04.110    Ownership.

16.04.120    Maintenance.

16.04.130    Temporary service.

16.04.140    Installation charges and deposits.

16.04.150    Service through fire hydrants.

16.04.160    Charge for water served.

16.04.170    Responsibility for meters and installation.

16.04.180    Annual permits.

16.04.190    Private fire protection service.

16.04.200    Public fire protection service.

16.04.210    General requirements – Extension of water system.

16.04.211    Design of facilities.

16.04.212    Installation of facilities.

16.04.213    Acreage cost recovery/reimbursement.

16.04.213A    Water system extensions zone-Cost recovery/ reimbursement.

16.04.214    Distribution main extensions or replacements.

16.04.215    Applicant-installed facilities.

16.04.216    Front-foot cost recovery/reimbursement.

16.04.217    Front-foot charge refunds.

16.04.220    Notices.

16.04.230    Meter readings.

16.04.240    Billing period.

16.04.250    Opening and closing bills.

16.04.260    Billings.

16.04.270    Billing of separate water meters.

16.04.280    Batteries of meters.

16.04.290    Meter error tests.

16.04.300    Adjustment of bills for meter errors.

16.04.310    Nonregistering meters.

16.04.320    Penalties for delinquency and nonpayment.

16.04.330    Discontinuance of service because of unsafe apparatus.

16.04.331    Impairment of water service to other customers.

16.04.340    Discontinuance because of cross-connections.

16.04.350    Discontinuance for fraud or abuse.

16.04.360    Discontinuance upon vacating premises.

16.04.370    Restoration charge.

16.04.380    Fire hydrants.

16.04.390    Responsibility for equipment.

16.04.400    Damage to water system facilities.

16.04.410    Control valve.

16.04.420    Cross-connection control and backflow protection.

16.04.430    Interruptions in service.

16.04.440    Ingress and egress.

16.04.450    Rates.

16.04.460    Allocation of income from water system.

16.04.470    Undertaking main replacement or extension improvements.

16.04.480    Usage of water for agricultural, domestic and other purposes.

16.04.010 DEFINITIONS.

Unless the context requires otherwise, the definitions given in this section shall be used to interpret this chapter.

(a)    “Applicant” shall mean an individual or agency applying for water service.

(b)    “Acreage charge” shall mean the charge to be determined by dividing the total costs of the system extension by the acreage which can be served from the system extension.

(c)    “City” shall mean city of Santa Cruz.

(d)    “Cross-connection” shall mean 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 mains.

(e)    “Customer” shall mean any person receiving water service from the city water department.

(f)    “Date of presentation” shall mean the date upon which a bill or notice is mailed or delivered personally to the customer.

(g)    “Director” shall be the director of the water department of the city of Santa Cruz.

(h)    “Distribution main” shall mean water lines in streets and rights-of-way used for general distribution of water from which service is available to the customer.

(i)    “Fireflow” shall mean the volume of water available from a hydrant for fighting a fire. It is calculated as that flow rate, in gallons per minute, available from the hydrant at a minimum residual pressure of twenty pounds per square inch measured at an open flowing hydrant with all other hydrants on the same main closed.

(j)    “Flat rate” shall mean a fixed periodic charge for an unmetered service.

(k)    “Flat rate service” shall mean provision of water in unmeasured quantities.

(l)    “Front-foot charge” shall mean the charge for bringing a main directly adjacent to premises in order to permit the installation of one or more services. This charge shall depend on the regular main extension per-foot cost and the footage of the premises fronting on and entitled to service from the main extension.

(m)    “Irrigation service” shall mean provision of water for agricultural, floricultural or horticultural use only.

(n)    “Main extension” shall mean extension of water distribution pipelines, exclusive of service connections, beyond the location of existing facilities.

(o)    “Main replacement” shall mean replacement of an existing water main that has been incorporated into the water distribution system.

(p)    “Meter rate service” shall mean provision of water in measured quantities.

(q)    “Person” shall mean any individual, firm, partnership, association, corporation, or political entity.

(r)    “Premises” shall mean one parcel of real property, including improvements thereon, which is determined by the director to be a single unit for purposes of receiving, using and paying for water service. In making his determination, the director shall take into consideration such factors as whether further subdivision of the premises could cause difficulty in segregating water services, whether it is divided by a public or private thoroughfare, distribution pipeline, or other right-of-way, easement or condition so as to interfere with meter connections, or installing, maintaining and operating backflow prevention devices or cause difficulty in segregating water services. The director’s determination shall be final.

(s)    Reserved.

(t)    “Single-family residence” shall mean a structure used for a dwelling unit for one family or domestic unit consisting of not more than two stories nor more than three thousand six hundred square feet in total floor area.

(u)    “Total floor area” shall mean the sum of the area of all stories exclusive of area separations as defined in Uniform Building Code Section 505.

(v)    “Transmission main” shall mean water lines in streets and rights-of-way used for transmission of water from booster pumping stations and storage reservoirs, and delivering the water to distribution mains.

(w)    “Water” shall mean any water obtained from the water department of the city of Santa Cruz.

(x)    “Water department” shall mean the water department of the city and its duly authorized representatives.

(y)    “Water system extension” shall mean any extension of the physical facilities of the water system, including distribution mains, transmission mains, booster pumping stations, and distribution storage tanks.

(z)    “Zone capacity fee” means the surcharge to be collected at the time of any new service connection, in addition to the standard connection fee, to pay a proportionate share of the cost of a water system extension within a water system extension zone established by the city council.

(Ord. 88-05 § 1, 1988: Ord. 87-13 § 1, 2, 1987: Ord. 85-31 § 1, 1985: Ord. 85-28 § 2, 1985: Ord. 83-26 § 1, 1983: Ord. 72-5 § 1 (part), 1972: Ord. NS 641, 1965: prior code § 7400).

16.04.020 SERVICE AREA.

The city will furnish water service in accordance with the regulations hereafter contained and other applicable provisions of this code to any property within the city and to such areas outside the city limits as the city council may designate.

(Prior code § 7401).

16.04.030 DESCRIPTION OF SERVICE.

Service furnished by the city of Santa Cruz is described as follows:

(1)    Supply. The water department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure, and to avoid any shortage or interruption in delivery.

(2)    Types of Service. The types of service available from the water department are:

(A)    Flat rate;

(B)    Metered rate;

(C)    Temporary.

(3)    Unusually Large Quantities of Water. Arrangements shall be made with the water department prior to using an unusually large quantity of water. Water department approval may be given provided delivery of the unusually large amount of water through the city’s facilities can be accomplished safely and without inconvenience to other customers.

(4)    Availability of Service. Water service will generally be made available by extending or replacing a main if a principal part of the premises to be served does not lie along an available water main of adequate capacity and under proper pressure. However, water service will not be provided by the extension of a water main where the meter or meters for the premises concerned will be located at an elevation of less than one hundred feet below the overflow level of the reservoir supplying such main.

(Ord. 83-26 § 2, 1983: prior code § 7402).

16.04.040 APPLICATION FOR SERVICE.

Application for service to premises for which a service connection has already been installed may be made as hereinafter set forth. Such application will signify the consumer’s willingness and intention to comply with these regulations and to make payment for water service rendered.

If application is made for service to property where no service connection has been installed, but a distribution main of adequate capacity is adjacent to the property, the applicant, in addition to making application for service shall comply with the regulations governing the installation of service.

If a principal part of the premises to be served does not front on an available main of adequate capacity, replacement of this main to the applicant’s premises will be required before an application for service may be accepted. In determining whether the portion of an applicant’s premises lying directly along the main constitutes principal frontage, the water department director’s decision shall be final.

(a)    Application. Each applicant for water service shall be required to sign an application form provided by the water department or make application by letter showing the date of application, location of premises to be served, mailing address, date applicant desires service, and such other information as may be required.

(b)    Payment for Previous Service. An application for service will not be accepted unless payment in full has been made for water service previously rendered to the applicant by the city.

(c)    Deposits. Each applicant known to be a credit risk, before receiving service, shall be required to establish credit by depositing with the water department an amount of money equal to the estimated average periodic bill for water, garbage and sewer services. Examples of credit risks which would require deposit are three or more late utility payments in the past twelve months or previous default on utility accounts.

(Ord. 97-02 § 1, 1997; Ord. 94-58 § 1, 1995: Ord. 85-31 § 2, 1985: Ord. 85-28 § 2, 1985: Ord. 83-26 § 3, 1983: prior code 7403).

16.04.041 CONNECTION OF NEW WATER SERVICES.

(a)    Purpose. In order to mitigate the water supply impacts caused by new development in the city of Santa Cruz water service area, certain public water system improvements must be or have been constructed in order to accommodate system expansion. The city council has determined that a development impact fee for the connection of new services to the water system, the “water connection fee” shall be charged to pay for development’s fair share of the construction costs of such improvements. Additionally, services that have been found to be abandoned, in accordance with Section 16.04.360 of this chapter, are hereby deemed to place the same demands and present the same conditions of water supply impacts as new services.

(b)    System Development Charges. A system development charge is hereby established and is payable subsequent to the issuance of any permit, or similar grant of authority, resulting in a new connection to the water system. Such fee is necessary to pay a new service connection’s, or additional demand’s, proportional share of the system expansion costs essential to provide water to the new or additional service. Additional demand shall be interpreted to mean use on an existing service which would require a meter upsize. The city council shall adopt a resolution containing the following:

(1)    The specific amount of the fee, including the fee development methodology, and

(2)    A list of the specific improvements to be financed by the fee, including the estimated cost of such improvements, and

(3)    A description of the correlation between the fees and new development and the benefits from the improvements enabled by the fee, and

(4)    The time system development charges are due for payment. The water connection fee shall be reviewed on an annual basis to determine whether the fee amounts are reasonably related to the impacts created by new connections and whether the listing of system expansion public improvements to be financed by system development charge revenues is accurate.

(c)    Use of Fee Revenues. System development charge revenues shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used exclusively for the following purposes:

(1)    To pay for the city’s future construction of facilities described in the resolution enacted pursuant to subsection (b) hereinabove, or to reimburse the water fund for those described or listed facilities constructed by the water fund with funds advanced to the water fund from other sources, or

(2)    To reimburse developers who have been required or permitted to install such listed facilities which are oversized with supplemental size, length, or capacity beyond that needed for the certain development and are subject to the terms of a reimbursement agreement with the city,

(3)    To pay for water conservation programs approved by the city council which have the net effect of increasing the amount of water supply available for allocation to new connections.

(Ord. 2005-03 § 1 (part), 2005: Ord. 93-44 § 1, 1993).

16.04.050 INSTALLATION OF SERVICES – ELIGIBILITY REQUIREMENTS.

Water service will be installed in the water department’s service area on the following basis:

(1)    Water service will generally be installed in the service size and at the location desired by the applicant where such requests are adjudged by the water department director to be reasonable and the service installation will be made under the direction of the water department regulations as he may provide for effective service of the parcel in question and the surrounding service area.

(2)    Water service connections from water department mains to customer’s premises may be installed only by duly authorized employees or agents of the water department or by persons to whom a water service installation permit has been issued. The water department director may issue water service installation permits when the issuance of such permits would be consistent with the public interest. The water department director shall establish criteria for the issuance of such permits relating to the qualifications of applicants, the performance of work, inspections, and approval and acceptance of work by the city upon completion. The director may charge such fee for issuance of a permit as may be established by resolution of the city council. Service connections installed pursuant to the water service installation permit shall, upon completion of the work, become the property of the city, to the same extent as though installed by city employees or agents.

(Ord. 93-44 § 2, 1993: Ord. 81-01 § 1, 1981: Ord. NS 624, 1965: prior code § 7404).

16.04.051 MINIMUM STANDARDS FOR SERVICE.

Water connection permits may be granted only if the water department director finds that the premises can be connected to a water main of adequate size to provide sufficient pressure and flow to meet the applicant’s needs without adversely affecting service to any existing customers in accordance with the following conditions:

(1)    Fireflow requirements are met as follows:

(a)    Standard Within the City. The premises complies with the standards set in the Insurance Service Office “Guide for Determination of Required Fire Flow,” 1974 Guidelines and Instructions; or

(b)    Standard Outside the City. The premises meets fireflow requirements adopted by resolution of the fire protection district in which the premises is located; and

(2)    Minimum flow at anticipated peak demand will be sufficient for safe, dependable supply of all existing domestic, commercial and industrial users; and

(3)    Water pressure will not fall below thirty-five pounds per square inch gauge (35 p.s.i.g.) during the hour of maximum water use for the city’s system.

(Ord. 85-28 § 1, 1985).

16.04.051A MAIN REPLACEMENT.

The city will pay the cost of replacing water mains found inadequate to satisfy the minimum standards for service, subject to the limitations in this section. Applications for service requiring a main replacement will be acted upon in the order received during each fiscal year, until main replacement funds appropriated for that year have been fully expended. Applications will be considered after all development approvals have been obtained. Applications which cannot be funded during a fiscal year will be carried forward to the next fiscal year on a seniority based waiting list. The city will not reimburse for any new service connections, fire hydrants or other fire protection facilities such as storage tanks, booster pump stations and the like. Where the city is unable to complete a main replacement within a period convenient to the service applicant, the applicant may undertake the replacement, subject to administrative regulations promulgated by the director. The city is not obliged to reimburse customers for the cost of privately financed main replacements unless (a) the replacement becomes eligible for city installation during the same fiscal year that it was privately installed; and (b) adequate funds remain to reimburse the cost. The director may, however, reimburse private main replacement expenses in a subsequent year if adequate funds are available for that purpose and all applications for main replacement or reimbursement filed previous to the application under consideration have been satisfied.

(Ord. 87-13 § 2, 1987).

16.04.052 CONDITIONS IMPOSED ON APPLICANT.

Where any of the standards for service connection as set forth in Section 16.04.051 are not met, the water director may approve a new or larger-capacity service connection only upon finding that conditions imposed upon the applicant will, if carried out, cause those standards to be met. Examples of these conditions may include installation of distribution or transmission mains, booster pumps, storage tanks or other facilities made necessary by the applicant’s proposed use.

(Ord. 87-13 § 1, 1987: Ord. 85-28 § 1, 1985).

16.04.060 NUMBER OF SERVICES PER PREMISES.

The applicant may apply for as many services as may be reasonably required for his premises. If the pipeline systems from each service are interconnected, then the applicant will be required to install, at each meter connection, backflow protection devices approved by the water department.

(Ord. 71-4 § 1, 1971: prior code § 7404.2).

16.04.061 SIZE AND LOCATION OF SERVICE CONNECTIONS.

The water department may determine the size and number of the service connections and their locations in relation to the boundaries of the premises to be served and the point of connection to the customer’s facilities. The customer’s installation of pipe to the service connection location should not be laid until the service connection is installed; provided however, that in the event the customer’s pipe is laid prior to the time the service connection is installed and the customer’s pipe location does not correspond to that of the service connection, the customer shall provide for connecting to the service connection at his own expense.

(Ord. 71-15 § 1, 1971).

16.04.065 CONDITIONS FOR USE OF MASTER WATER METERS.

Whenever the water department director has determined that a master water meter or meters may be installed on any premises, but there is no single unit of ownership of the property to be served which will be responsible for payment of the bill, he may permit the installation of a master water meter or meters only on the following terms and conditions. No such master water meter shall be installed until the applicant has agreed to accept responsibility for payment of all water bills and has posted a cash or corporate surety bond, whichever shall be specified by the water department director, with the city in an amount equal to double the estimated periodic municipal utility service charge as determined by the water department director to assure the city against any water bill delinquency, and has further agreed that in the event of nonpayment as provided in Section 16.04.320 of this chapter for a period of time sufficient to warrant discontinuance of service, that the city may discontinue such service without liability to applicant or any other person. The execution and filing of an application for a master water meter or meters, accompanied by cash or a corporate surety bond, as required by this section, shall be sufficient to constitute the agreement required by this section, and by executing said application applicant binds himself, his principals, his successors and assigns, to abide by the terms and conditions of such agreement, and all of the rules and regulations of the water department.

(Ord. 72-5 § 1 (part), 1972).

16.04.070 RESALE OF WATER.

No water received from the city may be resold without special approval from the city. This section shall be inapplicable to any public utility company certified by the California Public Utilities Commission.

(Ord. 2003-27 § 6, 2003: Ord. 98-03 §1, 1998: prior code § 7404.3).

16.04.075 SUPPLY TO SEPARATE PREMISES.

(a)    Subject to the exception set forth in subsection (b) not more than one premises shall be served from each connection. The customer shall not permit the use of any of the water received by him or her from the city on any premises other than those specified in his or her application for service.

(b)    A customer which is a federal or state agency devoting its premises to coastal-dependent uses as defined in the city’s General Plan glossary may share its service with other federal or state agencies on adjoining premises which also devote their premises to coastal dependent uses when the city council, in the exercise of its discretion, determines that the service in question has the capacity to serve the principal and adjoining premises, that to require a separate service would be impractical, that to require a separate service would serve to create excess service capacity, and that the customer will execute an agreement holding the city harmless against any and all claims that might be asserted by the agency occupying the adjoining premises for interruption of service occasioned by the customer’s failure to properly maintain its service or abide by the provisions of the customer’s service agreement.

(Ord. 98-03 § 2, 1998).

16.04.080 METER INSTALLATIONS.

Meters will be installed at the curb, property line or in sidewalk basements, and shall be owned by the city.

(Ord. 2004-30 § 1, 2005: prior code § 7404.4).

16.04.090 CHANGE IN LOCATION OF METERS.

Meters moved for the convenience of the customer will be relocated at the customer’s expense. Meters moved to protect the city’s property will be moved at its expense. If the lateral distance which the customer desires to have the meter moved exceeds eight feet, he will be required to pay for a new service at the desired location.

(Prior code § 7404.5).

16.04.100 CHANGE IN SIZE OF METER.

A requested change to a smaller-size meter must be approved by the water department and will be made without charge to the applicant.

A requested increase in the size of the meter must be approved by the water department. The charge will be based on the actual cost of installing the new meter, less the salvage value of the materials recovered and shall be subject to additional system development charges.

Customers with flow rates exceeding the AWWA maximum peak flow or having an average rate exceeding the safe maximum operating capacity or AWWA continuous flow rate for the meter shall be required to upsize the water service and shall be responsible for the payment of all applicable charges including, but not limited to, installation of new pipes, meter, review, and inspection fees, and additional system development charges.

(Ord. 2005-03 § 1 (part), 2005: Ord. 74-21 § 1, 1974: prior code § 7404.6).

16.04.110 OWNERSHIP.

The meters, lines and other fixtures associated with water service and installed by the city, whether located on public or private property, are the property of the city, and the city reserves the right to repair, replace and maintain such fixtures, as well as to remove them upon discontinuance of service or abandonment. Water service lines and fixtures located on the property side of the water meter, hereinafter known as customer water service facilities, are owned by the property owner, and are the responsibility of the property owner to repair, replace and maintain.

(Ord. 2003-01 § 1 (part), 2003: Ord. 87-21 § 1, 1987: Ord. 85-31 § 3, 1985: Ord. 85-28 § 2, 1985: prior code § 7404.7).

16.04.120 MAINTENANCE.

(a)    The city is responsible for repairing and maintaining, at its own expense, the water service meter, box and all pipe and other fixtures between the meter and the water main. The property owner is responsible for repairing and maintaining all customer water service facilities, including all pipes and other fixtures beyond the meter.

(b)    Customer water service facilities must be maintained by the property owner in good condition to safely withstand construction and maintenance activities related to the water service without damage. The above-described construction and maintenance activities include, but are not limited to, meter repair and replacement and water service renewal. The customer water service facilities must be able to withstand sudden changes in pressure in accordance with the Uniform Plumbing Code.

(c)    The property owner shall indemnify and defend the City of Santa Cruz from any liability or loss resulting in any manner from the customer water service facilities or their care or maintenance.

(Ord. 2003-01 § 1 (part), 2003: prior code § 7404.8).

16.04.130 TEMPORARY SERVICE.

Temporary service will be furnished in conformity with the general regulations applicable and as additionally specified in this regulation.

(Prior code § 7405).

16.04.140 INSTALLATION CHARGES AND DEPOSITS.

The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material. Upon discontinuance of service the actual cost shall be determined and an adjustment made as an additional charge, refund or credit.

(Prior code § 7405.1).

16.04.150 SERVICE THROUGH FIRE HYDRANTS.

The city may grant permission to use water through specified fire hydrants by issuing a permit. Application for a permit should be made at least twenty-four hours before service is required. No person or persons shall operate or draw water from a fire hydrant without a permit.

(Ord. 2005-03 § 1 (part), 2005: prior code § 7405.2).

16.04.160 CHARGE FOR WATER SERVED.

The rates for regular service shall be applicable for water used on a metered basis. Where it is not practical to install a meter the water consumption shall be estimated on a basis agreeable to both the customer and water department. The applicant shall pay the estimated cost of water in advance or shall be otherwise required to establish credit. The minimum charge for water shall be $2.00.

(Prior code § 7405.3).

16.04.170 RESPONSIBILITY FOR METERS AND INSTALLATION.

All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the water department which are involved in furnishing temporary service from the time they are installed until they are removed, or until forty-eight hours’ notice in writing has been given to the water department that the contractor or other person is through with the meter or meters and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer.

(Prior code § 7405.4).

16.04.180 ANNUAL PERMITS.

The director of the water department is authorized to issue annual permits to users of temporary service through bulk water stations, on such terms and conditions, and with such limitations, as he deems appropriate. A flat fee shall be assessed upon the issuance of such permit, based on an estimate agreeable to both the customer and water department director.

(Ord. 2005-03 § 1 (part), 2005: prior code § 7405.5).

16.04.190 PRIVATE FIRE PROTECTION SERVICE.

Private fire protection service will be furnished in conformity with applicable general regulations, and as additionally specified in this section.

(1)    Installation and Charges. The installation of private fire services shall conform to standard specifications, details and requirements published by the city. When private fire services are to be installed by city forces, the applicant shall pay, in advance, a fixed fee as established by resolution of the city council. When installed by a contractor, the applicant shall, in advance, obtain a permit from the city and pay an inspection fee as established by resolution of city council.

(2)    Restrictions on Use of Service. There shall be no connections between a fire protection system and any other water distribution system on the premises. There shall be no water used through the fire protection service except to extinguish accidental fires or for testing the fire service and appurtenances. Service to the premises, including the domestic service, may be discontinued for violation of the regulations set forth in this section.

(3)    Pressure and Supply. The city shall not be responsible for the design or adequacy of any private fire protection system, nor for any loss or damage due to of lack of water pressure. The city shall only be required to furnish such quantities and pressures as are available in its general distribution system. Any private fire service is subject to shutdowns and variations in pressure as are incidental to the operation of the public water system.

(Ord. 96-02, § 1, 1996: Ord. 73-16 § 1, 1973: Ord. NS 624, 1965: prior code § 7406).

16.04.200 PUBLIC FIRE PROTECTION SERVICE.

Fire hydrants and other facilities will be installed for use by organized fire protection agencies under agreement entered into by such agency and the city.

(1)    Installation Charges. The organized fire protection agency requesting the installation of fire hydrants shall pay the entire cost of installation of such fire hydrants in accordance with charges as may be established from time to time by the city council;

(2)    Monthly Charges. The monthly standby rates for fire hydrants and other facilities shall be as established by resolution of the city council.

(Ord. NS 624, 1965: prior code § 7407).

16.04.210 GENERAL REQUIREMENTS – EXTENSION OF WATER SYSTEM.

Whenever a principal part of a premises to be served does not have service from an adequate distribution storage reservoir or booster pumping station, a water main extension, construction of an adequate distribution storage reservoir and booster pumping station, or such of them as may be necessary to serve the premises, will be required at the applicant’s expense. Extension of water mains and construction of distribution storage reservoirs and booster pumping stations may be arranged by applicants upon entering into a “Water System Extension Agreement” prepared in accordance with the terms and conditions of this chapter.

(Ord. 87-13 § 4, 1987: Ord. 85-28 § 2, 1985: Ord. 83-26 §§ 4, 5, 1983: Ord. NS 641, 1965: prior code § 7408).

16.04.211 DESIGN OF FACILITIES.

The city will determine sizes, materials, types and locations of all pipes, pumping plants, storage reservoirs, and all other facilities necessary and required for proposed extensions to the city’s existing system.

(Ord. 85-28 § 3, 1985).

16.04.212 INSTALLATION OF FACILITIES.

(a)    All system extensions and other facilities shall be installed by the city or under its supervision, in accordance with its specifications, and to its satisfaction.

The city, at its discretion, may undertake the installation of facilities in accordance with the provisions of the City Charter, or it may require the applicant to install the system extensions and facilities under terms and conditions of an agreement between the applicant and the city.

(b)    No pipelines, or other facilities, shall be installed until all rights-of-way for pipelines, pumping plant sites, and storage reservoir sites required for the installation, operation, and maintenance of the facilities are furnished by the city in a form satisfactory to the director of the water department.

(Ord. 85-28 § 3, 1985).

16.04.213 ACREAGE COST RECOVERY/ REIMBURSEMENT.

Where major new water facilities such as transmission mains, storage tanks and pump stations are requested by an applicant to serve new development in undeveloped areas, the cost of such facilities shall be borne by the applicant-developer under terms established in a water extension agreement. Reimbursement to applicants for facilities installed in accordance with a water extension agreement shall be determined in accordance with the following provisions:

(a)    An acreage charge is to be determined by dividing the total cost of the new facilities by the acreage which can be served from those facilities.

(b)    The applicant or applicants who have financed the new water system facilities considered in this section are entitled to the acreage charge collected by the water department for permitting the connection of each regular service, or a private fire service, to such system facilities. The amount that is collected will be refunded within ninety days following the collection. No acreage charge refund will be made after ten years from the date of the execution of the contract except those refunds which have accrued during such ten-year period.

(c)    In the case of extension of the water system by means of a booster pumping station or a new reservoir system, the acreage charge allocated to each applicant’s development within the service area will be refunded by the city to the applicant over a period of fifteen years in equal annual payments. If the acreage developed annually within any particular development is less than one-fifteenth of the total acreage in the development, the refund shall be reduced accordingly. Development shall be deemed to have taken place when an active regular service connection is made to serve a particular parcel of property within the development. No refunds are to be made after the expiration of fifteen years.

(d)    In the case of the extension of the system by means of a transmission main only, the city will sustain that portion of the cost of the system extension which exceeds the cost of the minimum size mains or other facilities required to serve the applicant, as determined by the city. The contribution by the city will be made to the applicant only as service connections are made to the extension and charges therefor have been collected by city.

(Ord. 88-05 § 2, 1988: Ord. 85-28 § 3, 1985).

16.04.213A WATER SYSTEM EXTENSIONS ZONE – COST RECOVERY/ REIMBURSEMENT.

(a)    From time to time the city council may determine that the capacity of the water system should be extended so as to provide the availability of future water service to areas which are either undeveloped or only partially developed. If the council determines that the construction of the water system extension will either not benefit, or benefit only to a limited degree, the existing water system, the council may establish the limits of a zone within which the capacity provided by the water system extension will permit new service connections, or additional capacity to existing customers.

(b)    If such a water system extension zone is established, the council may, by resolution, impose a zone capacity fee within such zone, for the purpose of defraying the actual cost of acquiring and constructing the water system extension necessary to provide the capacity to permit additional service connections within said zone. The amount of said zone capacity fee shall be based upon the number of additional connections which will be permitted within the zone, and shall be calculated by dividing the total cost of the water system extension by the number of estimated future permitted connections. If the size of a connection exceeds the standard size of a five-eighths-inch connection, the zone capacity fee shall be increased proportionately to the increased size of the connection.

(c)    The city may participate in the cost of a water service extension as follows: costs for a water system extension which will both serve new developments and correct deficiencies to existing customers may be shared by the city, in those cases where the director determines that there is a present need for additional capacity to serve existing customers, and the project can be adequately funded with available water department funds. The limit to which the city may participate in the cost of the water system extension shall be in proportion to the additional capacity required to serve existing customers as compared to the total capacity of the water system extension.

(d)    The cost of the water system extension, for purposes of calculating the zone capacity fee, shall be deemed to include all property acquisition costs, engineering, construction, and debt service cost if appropriate. Costs associated with correcting any existing capacity deficiencies within the water system shall be excluded for purposes of determining the zone capacity fee.

(e)    The zone capacity fee imposed on any property at the time of connection to the water system, shall not exceed the pro rata share of the amount of the total cost of the water system extension within such zone which would be assessable on such property if such costs were apportioned uniformly upon a per-acre basis.

(f)    Separate funds shall be established for each zone established pursuant to this section. Moneys in such funds shall be expended solely for the acquisition and construction, or reimbursement for the acquisition and construction, of water system extensions within the zone from which the fees comprising the fund are collected.

(g)    The city may advance money, or may incur indebtedness, for the acquisition and construction of the water system extension within the zone, and a reasonable interest cost, or the cost of servicing such indebtedness, may be included as a part of the cost of the water system extension for purposes of determining the zone capacity fee.

(Ord. 88-05 § 3, 1988).

16.04.214 DISTRIBUTION MAIN EXTENSIONS OR REPLACEMENTS.

When a distribution main extension or replacement is required, the following general conditions apply:

(a)    Six-inch pipe shall be the minimum size considered for general use. Four-inch pipe may only be used on cul-de-sac streets three hundred feet or less in length. The director may not permit connection to a main smaller than six inches except as provided in this section.

(b)    If a main larger than six inches is required, the city will sustain that portion of the costs of an extension which exceeds the cost of the main required to serve the applicant, as determined by the city in accordance with a reimbursement schedule established from time to time by resolution of the city council.

(Ord. 85-31 § 4, 1985: Ord. 85-28 § 3, 1985).

16.04.215 APPLICANT-INSTALLED FACILITIES.

The following conditions apply in the case of applicant-installed facilities made under a main extension agreement.

(a)    The material installed and the work performed must comply with the plans and specifications furnished or approved by the city and shall be subject to city inspection at all times.

(b)    The applicant must furnish adequate security to assure completion of the project. Such security may be in the form of a bond, letter of credit, escrow deposit or other surety acceptable to the city. Upon completion of the installation, in accordance with the agreement, title to the installation shall be transferred to the city by the applicant upon acceptance of such installation by the city.

(c)    When materials, engineering and inspection services are furnished by the city, applicant will be required to pay in advance the charges for material, overhead, engineering and inspection services furnished by the city, in accordance with such rates as may be established from time to time by the water department director.

(d)    When engineering is performed by the applicant and materials are furnished by the applicant, applicant will be required to pay the cost of inspection services furnished by the city.

(e)    Applicant shall furnish to city within ninety days after completion of all improvements, a detailed cost breakdown of all facilities installed by applicant, in such form and detail as may be required by the water department director.

(Ord. 87-27 § 1, 1988: Ord. 87-13 § 5, 1987: Ord. 85-28 § 3, 1985).

16.04.216 FRONT-FOOT COST RECOVERY/ REIMBURSEMENT.

Where a water main extension is required under Section 16.04.052 to satisfy the standards set in Section 16.04.051, the cost of installation of such new mains shall be borne by the applicant under terms established in a water extension agreement. The water extension agreement shall provide for cost recovery and reimbursement based on a front-foot assessment levied against owners of undeveloped land fronting on the main at the time they connect to it. Whether a main extension is financed by an applicant or by the city, the front-foot charge will be determined by dividing the cost of the extension by the front footage of the premises which lie along and may be served directly from the extension. The front-foot charge shall not be applied more than once to any premises. The cost of the extension for purposes of determining the front-foot charge shall be the charge that would be made to the applicant for extending a main not exceeding six inches in diameter. Premises already served at the date of installation will be excluded in determining the front-foot charge and will be exempt from such payment.

The water department will collect the front-foot charge, where applicable, before granting a service or private fire service to the premises which lie along and may be served directly by a main extension.

The front-foot charge for a main extension shall be in effect for a period of ten years from the date of execution of the contract if the extension is financed by an applicant, or the date of the official completion of the extension if financed by the city.

(Ord. 87-13 § 6, 1987: Ord. 85-28 § 3, 1985).

16.04.217 FRONT-FOOT CHARGE REFUNDS.

The applicant who has financed a main extension under Section 16.04.216 shall be reimbursed the front-foot charges collected by the water department from persons permitted to make a regular service or a private fire service connection to such extension. The amounts collected will be refunded within ninety days following the date of collection. No front-foot charge refunds will be made after ten years from the date of execution of the contract for an applicant-financed extension, except those refunds which have accrued during such ten-year period. The total amount of all refunds made by the water department to the applicant who financed a main extension may not exceed the cost of the main extension less the applicant’s share.

(Ord. 85-28 § 3, 1985).

16.04.220 NOTICES.

(a)    Notice to Customers. Notices from the water department to a customer will normally be given in writing, and either delivered or mailed to him at his last known address.

Where conditions warrant and in emergencies, the water department may resort to notification either by telephone or messenger.

(b)    Notices from Customers. Notice from the customer to the water department may be given by him or his authorized representative orally or in writing:

(1)    At the water department’s office;

(2)    To an employee of’ the water department; or

(3)    To an agent duly authorized to receive notices or complaints.

(Prior code § 7409).

16.04.230 METER READINGS.

Meters will be read as nearly as possible on the same day of each month. Billing periods containing less than twenty-seven days or more than thirty-three days, for bills rendered monthly or less than fifty-four days and more than sixty-six days for bills rendered bimonthly, will be pro rated.

(Prior code § 7410.1).

16.04.240 BILLING PERIOD.

The regular billing period will be monthly or bimonthly at the option of the water department unless otherwise directed by the city manager.

(Prior code § 7410.2).

16.04.250 OPENING AND CLOSING BILLS.

Opening and closing bills for less than the normal billing period shall be prorated both as to minimum charges and quantity blocks. Closing bills may be estimated by the water department for the final period as an expediency to permit the customer to pay the closing bill at the time service is discontinued.

(Ord. 87-21 § 2, 1987: prior code § 7410.3).

16.04.260 BILLINGS.

The fees and charges provided for by this chapter shall be rendered at the end of each billing period in accordance with the provisions of Chapter 16.13 of this code. Flat rates are payable in advance.

(Ord. 89-18 § 3, 1989: Ord. 70-4 § 1, 1970: Ord. NS 624, 1965; prior code § 7410.4).

16.04.270 BILLING OF SEPARATE WATER METERS.

Separate bills will be rendered for each meter installation, except where the water department has, under the conditions herein set forth, approved combined billing for multiple meters upon a single premises. The water department shall determine whether a premises upon which multiple meters have been installed is a single premises, and in so doing shall exclude any noncontiguous properties. In the event a combined billing is approved by the water department, the minimum charge to be made to the customer shall consist of the sum of the minimum charges for the various sized meters combined, as in the current rate schedule. The amount of water to be included within the minimum charge shall be five hundred cubic feet per month.

(Ord. NS 638, 1965: Ord. NS 624, 1965: prior code § 7410.5).

16.04.280 BATTERIES OF METERS.

For all metered services, a battery of meters installed on one service shall be billed in accordance with a schedule fixed by the director of the water department, which schedule shall establish equivalent capacity between a single meter and a battery of meters.

(Ord. 72-6 § 1, 1972: prior code § 7410.6).

16.04.290 METER ERROR TESTS.

All meters will be tested prior to installation and no meter will be installed which registers more than two percent fast.

If the customer desires to have the meter serving his premises tested, he shall first deposit with the water department the charge established by resolution of the city council. He shall be present when the meter is tested in the meter shop of the water department. Should the meter register more than two percent fast, the deposit will be refunded, but should the meter register less than two percent fast, the deposit will be retained by the water department.

(Ord. 74-21 § 2, 1974: prior code § 7411.1).

16.04.300 ADJUSTMENT OF BILLS FOR METER ERRORS.

If a meter tested at the request of a customer is found to be more than two percent fast, the excess charges for the time service was rendered such customer, or for a period of six months, whichever is less, shall be refunded to the customer.

(Prior code § 7411.2).

16.04.310 NONREGISTERING METERS.

If a meter is found to be not registering, the charges for service shall be based on the estimated consumption. Such estimates shall be made from previous consumption for a comparable period or by some other equitable method.

(Prior code § 7411.3).

16.04.320 PENALTIES FOR DELINQUENCY AND NONPAYMENT.

In the event that any account becomes delinquent, or any billing is not paid, penalties may be assessed in accordance with the provisions of Chapter 16.13 of this code.

(Ord. 89-18 § 4, 1989: prior code § 7412.1).

16.04.330 DISCONTINUANCE OF SERVICE BECAUSE OF UNSAFE APPARATUS.

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which will endanger the service to other customers.

(Prior code § 7412.2).

16.04.331 IMPAIRMENT OF WATER SERVICE TO OTHER CUSTOMERS.

Where the use of water is unusually intermittent or subject to violent fluctuations of a character that impairs service to other customers, the water department may require the customer to provide, at his own expense, suitable equipment to reasonably limit fluctuations in use and pressures caused by the customer’s equipment or operations.

(Ord. 71-15 § 2, 1971).

16.04.340 DISCONTINUANCE BECAUSE OF CROSS-CONNECTIONS.

Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of state or federal laws.

(Prior code § 7412.3).

16.04.350 DISCONTINUANCE FOR FRAUD OR ABUSE.

Service may be discontinued if necessary to protect the city against fraud practiced by the customer.

(Prior code § 7412.4).

16.04.360 DISCONTINUANCE UPON VACATING PREMISES.

(a)    Customers desiring to discontinue service should so notify the water department two days prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for charges whether or not any water is used.

(b)    Notwithstanding the twenty-four consecutive month abandonment policy, those services which are demonstrated to have been discontinued as a direct result of the October 17, 1989, Loma Prieta Earthquake, between the period of October 17, 1989, and March 31, 1990, shall be deemed abandoned if water has not been used or bimonthly readiness-to-serve charges paid for sixty consecutive months from the date of abandonment of service.

(Ord. 2013-01 § 1, 2013; Ord. 93-44 § 3, 1993: Ord. 91-24 § 1, 1991: Ord. 87-21 § 3, 1987: prior code § 7412.5).

16.04.370 RESTORATION CHARGE.

Where service has been discontinued for violation of the Municipal Code, or for non-payment of bills, the water department will make a charge for restoration of service and/or to set or remove a meter due to unauthorized use in accordance with a schedule to be established by resolution of the city council.

>(Ord. 2004-30 § 2, 2005: Ord. NS 624, 1965: prior code § 7412.6).

16.04.380 FIRE HYDRANTS.

(1)    Use. Fire hydrants are for use by organized fire protection agencies and by the water department. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the water department prior to use and shall operate the hydrant in accordance with instructions issued by the water department.

(2)    Moving. Fire hydrants will be moved at the request of property owners where such requests are reasonable. All costs shall be borne by the party requesting such relocation.

(Prior code § 7413).

16.04.390 RESPONSIBILITY FOR EQUIPMENT.

All facilities installed on private property by the water department for the purpose of rendering water service shall remain the property of the city and may be maintained, repaired or replaced by the water department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining said facilities on private property.

(Prior code § 7414).

16.04.400 DAMAGE TO WATER SYSTEM FACILITIES.

The customer and/or property owner shall be jointly liable for any damage to the city-owned water service facilities when such damage is from causes originating on the owner’s premises.

(Ord. 2003-01 § 1 (part), 2003: prior code § 7415).

16.04.410 CONTROL VALVE.

The property owner shall provide a valve on his or her side of the service installation to control the flow of water to the piping on his or her premises. The property owner or customer shall not use the city service curb stop to turn water on and off for his or her convenience. However, should the property owner or customer damage the service curb stop, he or she shall be responsible for payment of damages charged by the water department in accordance with the service fee structure.

(Ord. 2003-01 § 1 (part), 2003: prior code § 7416).

16.04.420 CROSS-CONNECTION CONTROL AND BACKFLOW PROTECTION.*

*    Editor’s Note: Prior to its repeal by Section 1 of Ord. 95-27, Section 16.04.420 (Cross-Connection Control and Backflow Prevention) was set out in Prior Code Section 7417, as amended by Ord. 72-10 § 1 and Ord. 80-30 § 2.

(a)    Definitions. As used in this section, certain terms are defined as follows:

(1)    “Backflow” means the flow of water or other substances from the customer’s plumbing into the public water system.

(2)    “Approved backflow protection device” or “device” means a device specifically designed to prevent the occurrence of backflow, and which is specifically approved by the State of California, Department of Health Services, for that purpose.

(3)    “Contamination” means the impairment of the quality of the water in the city’s water system through the introduction of any foreign substance into the public water system, including water previously delivered to a customer through the city water system.

(4)    “Customer” means any person, business, or other entity receiving water service from the city of Santa Cruz as designated on the current billing records of the city of Santa Cruz water department.

(5)    “Director” means the director of the city of Santa Cruz water department, or his/her authorized representative.

(6)    “Department” means the city of Santa Cruz water department.

(b)    Where Protection Required. An approved backflow protection device shall be installed and maintained at every service connection to a premises when it is determined by the director that there exists on the premises, or the plumbing system connected thereto, a risk to the public water supply of contamination or deterioration in water quality. The risk to the public water supply may be real or potential, and the department shall maintain a written policy, approved by the director, that specifies the circumstances, conditions, or instances where the installation of a backflow prevention device shall be required.

(c)    Level of Protection Required. The level of protection required, and the type of device required, shall be determined by the director in relation to the degree of the actual or potential hazard present on the premises or the plumbing system connected thereto. The department shall maintain a written policy, approved by the director, that provides specific guidelines for the determination of the degree of hazard and level of protection required.

(d)    Responsibility. It shall be the responsibility of the customer on whose premises a backflow protection device is required under this section to furnish and install the device and maintain the device in good working condition. Any backflow protection devices installed pursuant to the requirements of this section are the sole property and responsibility of the customer.

(e)    Testing of Devices.

(1)    The customer is responsible for having any devices installed under this section periodically inspected and tested by a person approved by the director to perform such inspections and tests. Devices shall be tested at least once per year, or at the minimum time interval specified by Title 17 of the California Code of Regulations (latest revision), whichever is more frequent. The customer will be notified by the department when inspections and tests are required, and records of such inspections and tests shall be reported to the director when completed. The cost of any inspections required under this section shall be the sole responsibility of the customer.

(2)    If the customer fails to have any of the inspections or tests made as required herein, or fails to make the records of such inspections or tests available, the director shall have the right to have the device inspected or tested and shall bill the customer for the direct cost thereof plus 15% administrative overhead. The cost of any inspection or test made by the director may be included in an ensuing water bill for the premises in question.

(f)    Specific Installation Requirements. The department shall maintain written standard specifications and/or details, approved by the director, that define specific requirements for the location and installation of devices.

(g)    Enforcement.

(1)    No water service connection shall be installed on the premises of any customer unless the city water system is protected as required by this section.

(2)    Water service to the premises of any customer may be discontinued by the director if any backflow protection device required by this section has not been installed, inspected, tested, and maintained; or, if it is defective or has been removed or bypassed. Prior to discontinuance of service, the department will provide the customer with written notice describing the conditions or defects that must be corrected, and the date on or after which the service will be discontinued, should the conditions or defects not be corrected.

(3)    Water service may be discontinued immediately and without notice to the customer if the director determines that the city water supply is being contaminated or is in immediate danger of contamination from conditions that exist on the customer’s premises or the plumbing connected thereto. A reasonable attempt to notify the customer of the discontinuance of the water service will be made by the department, but failure to provide such notice will not prevent the discontinuance of the service.

(4)    Water service discontinued under subsections (2) and (3), above, shall not be resumed until any backflow protection device required by this section is properly installed or repaired to the satisfaction of the director, or until conditions on the premises causing the contamination, or danger of contamination, have been abated or corrected to the satisfaction of the director.

(h)    Notification. Notwithstanding the provisions of subsection (g)(3), above, the department shall provide the following notice regarding the enforcement of this section.

(1)    Testing of Devices. When testing of a device is due, the department shall send written notice to the customer. The customer shall have thirty days from the date of the notice to complete the testing. If a completed test report is not received by the department from the customer within that thirty-day period, a second notice will be sent. If a completed test report is not received by the department within thirty days of the second notice, water service to the premises will be discontinued upon provision of a forty-eight-hour written final notice.

(2)    Installation (Retrofit) of Devices on Existing Services. (A) When it is determined by the department that the installation of a backflow prevention device is required on an existing service, the department shall provide written notice of the requirement to the customer. The customer shall then have forty-five days from the date of the notice to complete the installation. If the installation is not completed within the forty-five-day period, the department will send the customer a second notice. If the installation is not completed within fourteen days of the date of the second notice, water service to the premises will be discontinued upon provision of a forty-eight-hour written final notice.

(B)    Following the installation of the device, the city will provide the customer with written notice to have the new device initially tested. The customer shall have thirty days from the date of the notice to complete the initial testing. If a completed test report is not received by the department within this thirty-day period, service to the premises will be discontinued upon provision of a forty-eight-hour written final notice.

(3)    Installation of Devices on New Services. (A) When it is determined that a backflow prevention device is required to be installed on a new service, the device must be installed in conformance with the department’s standard specifications and/or details prior to acceptance of the new service by the department. Notification of the need for the device will be provided during the normal plan and/or service application review process.

(B)    Following the acceptance of the new service, the city will provide the customer with written notice to have the new device initially tested. The customer shall have thirty days from the date of the notice to complete the initial testing. If a completed test report is not received by the department within this thirty-day period, service to the premises will be discontinued upon provision of a forty-eight-hour written final notice.

(4)    Removal or Bypassing a Device. Upon discovery, the department will provide the customer written notice of the requirement to restore the device and have it tested within forty-five days. If the device is not restored and tested within the forty-five day period, the department will send the customer a second notice. If the device is not restored and tested within fourteen days of the date of the second notice, water service to the premises will be discontinued upon provision of a forty-eight-hour written final notice.

(Ord. 95-27 § 2, 1995).

16.04.430 INTERRUPTIONS IN SERVICE.

The city shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the water department. Temporary shutdowns may be made by the water department to make improvements and repairs. Whenever possible and as time permits all customers affected will be notified prior to making such shutdowns.

(Prior code § 7418).

16.04.440 INGRESS AND EGRESS.

Representatives from the water department shall have the right of ingress and egress to the customer’s premises at reasonable hours for any purpose reasonably associated with the furnishing of water service.

(Prior code § 7419).

16.04.450 RATES.

The rates to be charged and collected from consumers of water supplied by the city to any person are those established by a resolution of the city council.

(Ord. NS 624, 1965: prior code § 7435).

16.04.460 ALLOCATION OF INCOME FROM WATER SYSTEM.

The rents, income and receipts from the water system of the city shall be used solely and exclusively for the purposes provided for in this chapter; provided, however, that notwithstanding any other provision of this chapter, while any revenue bonds payable from the revenues of the water system of the city are outstanding, such rents, income and receipts from the water system shall be first used and applied for the payment of principal, interest, reserve fund, and sinking fund requirements of such revenue bonds and for maintenance and operation of the water system, in the manner provided in the resolution provided for the issuance of such revenue bonds.

(1)    For the operation, maintenance, construction, improvement, extension, enlargement and upkeep thereof, and for the payment and liquidation of the principal and interest of any bonded indebtedness, now existing, or which may hereafter be created, for the operation, maintenance, construction, improvement, extension, enlargement or upkeep of the water system.

(2)    For the equipment, operation and maintenance of the fire department, including the establishment of an auxiliary fire station on the east side of the city, not to exceed the sum of fifteen thousand dollars in any one year.

(3)    For the completion of the construction of a new city hall building not to exceed in the aggregate the sum of $75,000.00.

Provided, that the charges, expenses and matters provided for in the preceding sections shall have priority over those provided herein, and no water system funds shall be taken for this purpose except from the surplus over $25,000.00, which sum is established as a waterworks fund.

Provided further, that any funds taken for city hall construction purposes under this chapter shall and must be returned and transferred from other funds of the city to water system funds at the rate of not less than $8,000.00 annually until fully returned

Provided further, that of the income, collections and receipts from municipal license fees and taxes, the sum of $8,000.00 thereof annually shall and must be used solely and exclusively for water system purposes until the aggregate amount taken from the water system funds under authority of this section has been fully returned The sums so set apart for water system purposes under this paragraph shall constitute a special fund and none of the income, receipts and collections from said municipal fees and taxes shall be used for any other purpose until and unless the sum of $8,000.00 has been used for water system purposes as aforesaid.

(4)    For the erection, building and construction of new fire department buildings upon both the east and west sides of the city and acquiring sites therefor. Provided, that of the rents, income and receipts from the water system the proceeds derived from the sale of lands authorized by Ordinance No. 1540 only shall be used for these purposes.

(Prior code § 7438).

16.04.470 UNDERTAKING MAIN REPLACEMENT OR EXTENSION IMPROVEMENTS.

The water department director is hereby authorized to undertake the construction and installation of water main replacements or extensions through the use of personnel and equipment of the city of Santa Cruz pursuant to the rules and regulations provided by Section 16.04.210 (1) through (6), in conformity with the detailed plans, specifications and estimates of costs thereof where, in the opinion of the water department director, the undertaking of the work of improvement can most economically be prosecuted by the city of Santa Cruz within the limits set by Santa Cruz City Charter Section 1415.

(Ord. 87-13 § 7, 1987: prior code § 7439).

16.04.480 USAGE OF WATER FOR AGRICULTURAL, DOMESTIC AND OTHER PURPOSES.

The city council is hereby authorized, by resolution, to regulate the use of water within the corporate limits of the city as it deems necessary to conserve the water supply of the city of Santa Cruz and provide, during a water shortage, for limitations on use of the water supply of the city for all purposes. The city council is empowered to prohibit the use of water for any purposes not directly connected with the preservation of the public health, welfare and safety of the inhabitants of the city of Santa Cruz.

The water department director is authorized and directed to provide for limitation and curtailment of usage of water in the service area of the Santa Cruz water department outside the corporate limits of the city of Santa Cruz pursuant to any resolution enacted and adopted by the city council pursuant to this section.

Resolutions adopted by the city council establishing water use regulations shall be effective immediately after their publication in a newspaper of general circulation published in the city of Santa Cruz.

(Prior code § 7440).