Chapter 13.08


13.08.010    Established.

13.08.020    Outside-city service.

13.08.030    Meter installation charges.

13.08.040    Minimum rates and charges—Temporary uses.

13.08.045    Electricity surcharge.

13.08.047    Water adjudication surcharge.

13.08.050    Security deposits.

13.08.060    Collection of unspecified rates or charges.

13.08.070    Place of payment.

13.08.080    Time of payment—Discontinuance for nonpayment.

13.08.090    Policy for discontinuation of residential water service.

13.08.010 Established.

A.    The rates and compensation to be charged for water furnished within the city by the city for family, private, public, municipal and other purposes shall be fixed from time to time by resolution of the city council. The rates so established shall be reasonably related to the cost of operation, maintenance and establishment of the water department. The minimum rate shall be established for service measured by a meter for quantities of one thousand (1,000) cubic feet or less during a month. Additional rates may be established for a month for additional quantities over the minimum volume. Billing for water service shall be monthly as fixed by resolution.

B.    The minimum rate shall be established for five-eighths-inch and three-fourths-inch services and progressively higher rates shall be established for services using larger meters. (Ord. 1069 § 7, 1999: prior code § 13.12.010)

13.08.020 Outside-city service.

The rates and compensation to be charged for water furnished outside the city by the city for family, private, public, municipal and other purposes shall be fixed from time to time by resolution. The rates shall be established as set forth in Section 13.08.010 of this chapter, except that a surcharge shall be imposed to take into consideration the fact that real property served outside the city may not have been subjected to bonded indebtedness for the establishment and extension of water facilities in the city, and the real property outside the city is not otherwise contributing to the city’s ability to extend municipal services, and extending water service outside the city entails additional expense for maintenance of longer water lines, for the obtaining permission from other governmental agencies to use rights-of-way for installing and maintaining water lines and the service users tend to be less concentrated in geographic area and their debt is not secured by any lien on the real property served. (Prior code § 13.12.020)

13.08.030 Meter installation charges.

For furnishing and installing meters inside or outside the city, the administration shall charge and collect a service charge based upon the superintendent’s estimate of the cost to furnish (and install, if necessary) the meter, in addition to charges for water. The service charge and other charges herein provided shall be collected before the furnishing of the meter. In lieu of advance payment, the posting of a bond or bonds of one or more corporate sureties authorized to do business in the state or of an instrument or instruments of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to pay for the charges are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument may be accepted a security for the payment, if they secure the full amount of the charges. An additional charge shall be collected in the amount of at least two dollars ($2.00) per foot of the parcel served fronting on an existing water line. No additional charge shall be collected if a water line does not exist fronting on the parcel or if the applicant has installed or otherwise contributed an amount equivalent to at least two dollars ($2.00) per front foot of the parcel served for the installation of the water line. The additional charge shall be deposited in the water system development fund and shall be changed from time to time by resolution of the city council based upon its determination of the current costs of replacing the water line system. (Ord. 1069 § 8, 1999: prior code § 13.12.030)

13.08.040 Minimum rates and charges—Temporary uses.

The city council shall by resolution establish minimum water service charges, in lieu of the minimum charges pursuant to Sections 13.08.010 and 13.08.020 of this chapter, for temporary metered use, tank fillings and emergency use:

A.    Temporary Meters. A rate for temporary metered service for construction and flooding purposes shall be established in addition to the regular volume rates established by resolution pursuant to Sections 13.08.010 and 13.08.020 of this chapter. The minimum temporary metered charge shall be in lieu of the minimum charge for meters larger than five-eighths inch in diameter without regard to the actual size of the temporary meter used. The minimum rates may be fixed by a daily rate and shall provide for a minimum number of days to be charged pursuant to a daily rate as well as a fee for each day’s use thereafter. A minimum rate may also be fixed upon a thirty (30) day minimum rental rate.

B.    Tank Fee. A fee shall be charged for each water tank filled in addition to charge for the quantity of water used according to the rates established pursuant to city council resolution.

C.    Fire Meters. A minimum charge shall be established for each two-month period for the privilege of having an emergency fire water line attached to the city water lines on a standby basis for emergency use; the rate shall be fixed according to the diameter of the fire meter. (Ord. 1069 § 10, 1999: prior code § 13.12.050)

13.08.045 Electricity surcharge.

The recitals discussed in the ordinance codified in this section are true and correct and are hereby incorporated and adopted as findings by the city council as if fully set forth herein. Based on all of the oral and written evidence before the city council, the city council finds that it is necessary to adjust the city’s water user charge that is imposed on customers requesting water service from the city. The city council has based this finding on the following determinations:

A.    The city council hereby determines that the attached report reflects a true and accurate accounting of the estimated total costs of providing water service to customers of the city based on recent increases in electricity charges to the city; and

B.    The findings and determinations set forth in the recitals set forth in the ordinance codified in this section.

The city hereby establishes a surcharge of two dollars ($2.00) per water customer per month for water service. This surcharge shall be in addition to any other water service charge imposed by the city. (Ord. 03-20 § 1)

13.08.047 Water adjudication surcharge.

A.    Established. There is thereby established a separate component of the city’s water rate schedule to be called the water adjudication surcharge that will be charged to all users of the city of San Jacinto’s municipal water department water services. Said water adjudication surcharge shall be based on the amount of water used by each customer of the city’s municipal water department, and shall be shown as a separate line item on each customer’s regular bill.

B.    Rate—Effective Date. The initial rate for the water adjudicated surcharge is hereby established at the rate of $1.0703 per billing unit, consisting of one hundred (100) cubic feet or seven hundred forty-eight (748) gallons of water. Said water adjudication surcharge shall become effective May 1, 2014, and shall be applicable to all water usage occurring after this date.

C.    Annual Inflation Adjustment. The water adjudication surcharge rate shall be subject to an annual inflationary adjustment to recover increases in the costs associated with the supplemental water. The annual inflationary adjustments may be imposed for a five-year period beginning May 1, 2015, and each May 1st thereafter through and including May 1, 2019, by an amount not to exceed five percent (5%) annually; provided, however, that in no event will an annual inflationary adjustment to the water adjudication surcharge exceed the city’s cost of providing water service. (Ord. 14-02 §§ 2—4)

13.08.050 Security deposits.

A.    Any consumer requesting water to be furnished on premises shall, before connection is made or service commenced, pay to the city a security deposit in an amount set by resolution of the city council. The deposit shall secure the following obligations, but in priority of the order mentioned so that all the amount due of a higher priority obligation shall be satisfied in full from the deposit before any portion of the deposit may be applied toward the next in priority: sewer charges of Eastern Municipal Water District this city has agreed to collect, city sewer and water service charges and penalties, any other charge due the city by the consumer. The deposit shall be repaid to the consumer when service is for any cause discontinued, less deduction of any charge or penalty then payable by the consumer. Upon approval of the city manager or his or her designee, any property owner requesting water to be furnished may have the deposit waived as long as they have had no delinquencies within the previous twelve (12) month period and no prior delinquent tenants at that location.

B.    If a tenant requests to become a city water customer after receiving a notice of termination of water service due to nonpayment by the property owner or landlord, and the tenant agrees to all other requirements of becoming a city water customer, the deposit may be waived by showing proof of residence and prompt payment of rent at the service location for the previous twelve (12) month period.

C.    The order of priority for which all deposits shall be subject shall apply to all existing deposits held by the city as well as those hereafter received, effective thirty (30) days after adoption of the ordinance codified in this chapter. The increased amounts of deposits required hereby shall apply only to deposits required after the effective date of the ordinance codified in this chapter. (Ord. 19-20 § 2B: Ord. 1069 § 11, 1999: prior code § 13.12.060)

13.08.060 Collection of unspecified rates or charges.

Rates for the use of consumption of water not provided for or definitely fixed in this chapter, shall be as may be prescribed by the superintendent who is authorized to fix and collect the same. (Ord. 1069 § 12, 1999: prior code § 13.12.070)

13.08.070 Place of payment.

All charges, compensations and penalties for water shall be paid at the place specified therefor by the city council. (Prior code § 13.12.090)

13.08.080 Time of payment—Discontinuance for nonpayment.

All charges and compensations for water shall be due and payable seven days after mailing. Additional notice shall be provided as required by state law or city rules and regulations. If payment is not made within sixty (60) days of the due date, service may be discontinued. Charges for reconnection shall be as set forth by resolution of the city council, except to the extent required by law for certain low-income customers. (Ord. 19-20 § 2C: Ord. 14-08 § 1; Ord. 1082 § 2, 2000: Ord. 1069 § 14, 1999: prior code § 13.12.100)

13.08.090 Policy for discontinuation of residential water service.

The city council may, by resolution or motion, adopt a policy for discontinuation of residential water service. Such policy may include, but may not be limited to, provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the city under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter or Chapter 13.04, this policy shall control. (Ord. 19-20 § 2D)