Chapter 13.12 WATER

B. “Customer” means any person, firm, corporation, or any public agency (including the state of California, the United States of America, or any public corporation, political subdivision, city, county, district or agency of any thereof, and the city or any agency of the city) receiving or taking water furnished by the water division.

C. “General metered service” means the furnishing of water for domestic, commercial, industrial and governmental service; excepting industrial service as defined in this section.

D. “Industrial service” means the furnishing of water to industrial customers who agree to take and/or pay for a contracted maximum rate of flow of not less than two hundred gallons per minute.

E. “Meter rates service” means the furnishing of water by measured quantities.

F. “Premises” means any separate identifiable and transferable lot or parcel of real property, including the improvements thereon, excepting those portions thereof having well defined boundaries such as walls, fences or hedges which prevent the common use of the property by all occupants.

G. “Water division” means that division of the public works department of the city designated to administer the water system of the Pacific Gas and Electric Company purchased by the city and being taken over by the city as of March 10, 1959. The term includes the director of public works and other employees of the city serving in said water division.

H. “Water system” means the water business purchased by the city from the Pacific Gas and Electric Company effective March 10, 1959, together with such additions and improvements thereto as may be made from time to time. (Prior code §23.1).

13.12.020 Furnishing water.

A. All water service shall be at meter rates as set forth in this chapter. In such cases as the city council may decide that it is in the best interest of the city, due to quantities to be furnished or times of delivery of water or other special circumstances, special contracts may be entered into whereby water is furnished at flat rates or special meter rates.

B. The water division will furnish water at consumer service connections at such pressure as may be available from time to time in the normal operation of the water division. (Prior code §23.2).

13.12.030 Rates – Designated.

A. For the purpose of providing funds for payment at or before maturity of the principal of and interest of all water revenue bonds heretofore or hereafter issued by the city for the purpose of the acquisition, construction, improvement and financing of the water system; for payment of the cost of additions to or improvements of the water system; for payment of the cost of maintenance and operation of water system, and thereafter for any lawful purpose, there are levied and assessed upon all premises connected with the city water system the water rates and charges set forth in Resolution No. 1981-R-5.

B. From time to time as may be necessary, the city council may amend such rates and charges by resolution. (Ord. 1137 §1(part), 1981: Ord. 1075 §2, 1980: Ord. 1039 §2, 1979: Ord. 1018 §2, 1978: Ord. 971 §2, 1978; Ord. 922 §2, 1977: Ord. 898 §2, 1977: Ord. 863 §2, 1975: Ord. 797, §2, 1973: Ord. 688 §2, 1969: prior code §23.3).

13.12.040 Rates – Service interruption for failure to pay.

A. A residential customer’s water service may be interrupted for nonpayment of the utility service as set forth in the Interruption of Residential Water Service Policy.

B. A nonresidential customer’s water service may be interrupted for nonpayment of the utility service if the account is delinquent for more than 60 days.

(Ord. 1948, Amended, 12/10/2019; prior code §23.4).

13.12.050 Rates – Liability for payment.

A. After water service is commenced, the service applicant shall be liable for payment for all water delivered through that particular service and all other charges applicable to said service. Whenever two or more persons jointly make application for service, they shall receive a single periodic bill but shall be jointly and individually liable for payment of all charges appearing on such bills. (Ord. 1572 §3, 1997; prior code §23.5).

13.12.060 Rates – Billing and payment.

A. Bills for services by City will be presented by City for payment at regular intervals and all of said bills will be due and payable upon presentation of said bill to the customer.

Bills shall be considered presented when: (1) delivered personally to the customer; (2) deposited in the United States mail, postage prepaid and addressed to the customer at the address provided by the customer during the application process for water service; or (3) delivered electronically to the customer to the electronic mailing address provided by the customer. Failure to receive a bill does not relieve a customer of the liability for payment.

All charges may be combined with charges for sewer service on bills or statements rendered by the commercial office for premises connected to the city sewer system. The bills shall state their purpose (water service), shall give the name and last known address of the person responsible for payment (as provided in this chapter), and shall list separately the charges for each service and the total charge for all services. No charge may be paid separately from the others. If the premises with water service are not connected with the sewer system, a separate bill shall be rendered for water service.

B. Opening bills, closing bills and other bills requiring proration will be computed in accordance with the applicable schedule prorated on the basis of the number of days in the period to a 30-day month. Should the total period of service be less than one month, no proration will be made and no bill shall be less than the specified monthly fixed minimum charge. (Prior code §23.6).

(Ord. 1948, Amended, 12/10/2019; Ord. 1879, Amended, 12/9/2014)

13.12.065 Rates – Annual increase determination.

Repealed by Ord. 1948.

(Ord. 1075 §4 1980).

13.12.070 Conditions of service.

Every customer taking water shall be considered as having expressed his consent to be bound by this chapter, and whenever any one of said rules and/or regulations is violated, the right is reserved to discontinue water service for noncompliance. Unless otherwise provided, the Water Division shall discontinue water service if the customer fails to comply within five days after the date of written notice of violation. If such noncompliance affects matters of health or safety, or affects the operation, maintenance or other costs of the Water Division, water service may be discontinued immediately and without notice.

(Ord. 1948, Amended, 12/10/2019; prior code §23.7).

13.12.080 Application – Manner.

All persons or entities desiring water service from the water system shall make application therefor in the manner prescribed by the director of finance. Receipt of such application shall not obligate the water system to provide water service until the application has been approved by the director of finance or his authorized agent. The application, a request for water service, shall not obligate the applicant to take such service for any period of time in excess of that upon which the minimum charges for such account are based. (Ord. 1430 §1(part), 1991: prior code §23.8).

13.12.090 Application – Contents.

All applications for water service shall set forth:

A. The definite boundaries of the premises to be served water;

B. The purpose and use of the water to be consumed;

C. An estimate of the maximum instantaneous water demand; and

D. Such other information and details as may be deemed proper or necessary by the director of public works. (Prior code §23.9).

13.12.100 Application – Use prior to completion.

A person or firm taking possession of premises and using water without having made application for water service shall be held liable for all the water delivered from the date of the last recorded meter reading. If proper application for service is not made within two business days after notification to do so, the water service shall be interrupted without further notice.

(Ord. 1948, Amended, 12/10/2019; Ord. 1430, Amended, 1991; prior code §23.10).

13.12.110 Application – Former customer owing bill.

When an application for water service is made by a former customer who has failed to pay all bills for water service previously received or charges in relation to any other service received from the water system, the director of public works shall refuse to furnish water service to said applicant until the outstanding bills and/or charges are paid, and shall also require a cash deposit as a guarantee for the payment of future bills. (Prior code §23.11).

13.12.120 Application – Deposit.

A. Deposits shall be required when a customer is unable to establish a satisfactory credit history as set forth in Subsection E of this section.

B. Amount of Deposit to Establish Service.

1. The minimum required deposit amount shall be set by the Finance Director or his or her designee in accordance with rules established by the Finance Director.

2. The Finance Director or his or her designee may reduce the deposit amount if, at the time of application, the applicant agrees to participate in the City’s automatic electronic payment program. If the applicant subsequently terminates participation in the program or if the applicant’s payment to the City is rejected or not otherwise honored by the applicant’s financial institution, the applicant shall, within 15 days of receipt of notice from the City, increase the deposit by the amount of the reduction previously allowed.

C. Payment of Deposit. Deposits are due upon application for service and are delinquent 14 days thereafter. If not received within that time period, service will be disconnected without further notice.

D. Refund or Credit of Deposit.

1. Upon discontinuance of service, the City shall refund all deposits to the customer without interest, less any charges then unpaid, provided the refund is more than ten dollars or, if less than ten dollars, the customer requests a refund; and, conversely, if there is a balance due the City of less than ten dollars, the City shall not bill for the unpaid balance.

2. After a customer has maintained a good payment record for 12 consecutive months, the City shall apply the customer’s deposit without interest to the customer’s then-current bill.

E. Establishment of Credit. No deposit shall be required for customers having a satisfactory credit history, which shall include all of the following:

1. Having been a customer of record for City-provided water or sewer service for one year or more within the past two years without a history of delinquent payments in such customer’s name,

2. Having no history of service disconnection for nonpayment of a bill or deposit within the past 12 months, and

3. Having no history of a returned check or failed electronic fund transfer to the City within the past 12 months. (Prior code §23.12).

(Ord. 1879, Amended, 12/9/2014)

13.12.130 Application – Refusal of service.

The director of public works shall have the right to refuse to furnish water or may discontinue water service to any premises for the following reasons:

A. To protect the city and/or the water system from fraud and abuse;

B. The requested water service demand may be detrimental or injurious to the water service or other customers;

C. The distribution facilities are inadequate to supply the requested water service demand. (Prior code §23.13).

13.12.140 Limitations on service.

The director of public works shall have the right to limit the total quantity of water furnished to any premises or to establish the times and the rates of draft at which water may be taken or will be furnished to any premises, although a limit or maximum use may or may not appear on the application or permit for the water service. Should conditions seem to warrant the limiting of water service, the director of public works shall be guided by but not restricted to:

A. The past seasonal water use at the premises;

B. The effect of current use on other customers; and

C. The effect of current use on the water system facilities. (Prior code §23.14).

13.12.150 Interruption – Restoration.

A. The Water Division may interrupt service without notice to any premises where the use of water thereon by apparatus, appliances or equipment or otherwise is found by the Water Division to be detrimental or injurious to water service furnished to other customers.

B. The Water Division may interrupt water service without notice to any customer when it is discovered the customer has obtained water service by fraudulent means or has diverted the water service for unauthorized use. The Water Division shall not restore service until the customer has complied with all rules and regulations of the Water Division and the Water Division has been reimbursed for the full amount of the service rendered and the actual cost to the Water Division incurred by reason of such fraudulent use.

C. A customer may have his water service discontinued by giving notice to the Water Division not less than two business days before its effective date. He will be required to pay all water charges until the effective date stated in such notice. Where notice is not given, the customer will be required to pay for water service until the customer submits a Disconnect and Final Bill Request to the City or until a new customer requests service in their name.

(Ord. 1948, Amended, 12/10/2019; Ord. 785, Amended, 1972; prior code §23.15).

13.12.160 Service connection – Specifications.

A. Standard Size Water Service Connection. The standard water service connection shall be a three-fourths-inch service pipe and five-eighths-inch meter, and the same shall be the minimum required to provide service to a single-family dwelling. If a larger connection is requested, the same may be installed provided other customers are not thereby deprived of adequate service.

B. Size for Other than Single-Family Dwellings. Whenever a water service connection or revision is requested for other than a single-family dwelling, the director of public works shall determine the minimum size of the service pipe and meter to be installed. Such determination shall be based on the applicable sections of the city’s plumbing and building codes, fire ordinances and requirements of the State Department of Public Health and/or other authority having jurisdiction.

C. Prior to installation of a new water service, all applicable charges and fees shall be paid pursuant to Title 11 of this code.

D. Changes in Size. Changes in size of meter, service pipe or both of existing service connections shall be at the expense of the customer. The expense shall be computed on the basis of the new service installation charge less the net cost to the city of the existing meter.

E. Changes in Location. When relocation of an existing meter or service connection has been requested for the customer’s convenience, such relocation shall be at the customer’s expense for the actual cost thereof. The relocation of existing meters or service connections, when done to protect the property of the water system or the city’s interests, will be done without charge to the customer.

F. Charges Payable in Advance. Charges for new service connections, changes in size and changes in location for customer’s benefit shall be due and actually paid before any work is commenced or material ordered. Whenever the charges are to be the actual costs, the estimated cost shall be deposited with the commercial office before any work is commenced or material ordered, and upon completion of the work, the actual cost shall be compiled and any difference between the actual and the estimated cost shall be billed or refunded to the customer’s account.

G. Title to Water Service Connections. Title to all meters, service pipes and appurtenances used in providing a water service connection shall vest in the water system and the charges set forth in this section are for connection and do not convey any right of title to the facilities.

1. The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.

2. Credits for development impact fees shall be granted in accordance with Title 11 of this code.

H. Location of Service Connections. Water service connections shall be installed only in public streets and/or easements or rights-of-way under the control of the water system.

1. Where the premises to be served front on more than one street, the director of public works shall have the right to designate on which frontage the service connection shall be installed.

2. New or relocated meters shall be installed in the public sidewalk near the street curb or behind and adjacent to the public sidewalk within the publicly owned and controlled right-of-way.

3. It is unlawful for anyone to enclose a water meter with a fence, wall or hedge or otherwise obstruct access to water service meters. Upon the failure or refusal of the owner or customer to remove any such unlawful obstruction within a reasonable time after written request to do so, the director of public works shall, at his option, order:

a. The discontinuance of water service to the premises until the obstruction is removed; or

b. The customer to pay an additional charge of two dollars, as penalty, for each meter reading taken until the obstruction is removed.

I. Service Connection to Separate Premises. A single service connection shall not serve more than one premises. Separate premises under a single ownership, control or management shall only be supplied water through separate service connections unless the director of public works, for good and sufficient reasons, determines otherwise.

J. Service Connections to Separate Consumers. Each separate consumer shall only be supplied water through a separate service connection unless the director of public works determines otherwise.

1. Where more than one consumer is supplied through a single service connection, the owner of the property, or other person agreed upon, shall be liable for payment for all water furnished through the single service connection.

2. Wherever it is practical to serve separate customers through separate service connections, the director of public works shall require separate service connections for each separate customer.

K. Premises Outside City. Applications for new or revised water service connections to supply water to premises which are located wholly or partly outside the corporate limits of the city shall not be accepted or approved, nor shall the service connection be ordered installed, until the owner of the premises has executed and delivered to the director of public works a recordable agreement running with the land, whereby as a condition of water service the premises will be annexed to the city. The agreement shall be in the form prepared by the director of public works and approved by the city attorney.

L. Service Connections Requiring Main Extension. In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or right-of-way across the entire frontage of the property to be served water. Wherever as a prerequisite to service a water main must be extended, the same shall be installed in compliance with the provisions set forth in this chapter.

M. Group Water Service Connection in Subdivisions. In any subdivision where and when the person, firm or corporation so subdividing a complete subdivision, or complete unit thereof, is installing water mains, such person, firm or corporation, hereinafter designated as “subdivider,” shall install the water service connections to such mains under the following rules and regulations:

1. Installation of water service connections, and the term “water service connection,” means installation of all necessary pipe, fittings, hydrants, valves and devices from water main to and including any curb stop or yoke and in a condition for setting of motor, including meter box.

2. Subdivider shall install the water service connections to the mains in the subdivision at the sole cost and expense of subdivider with such work done either by subdivider or by contract made by subdivider; provided, however, that such installation shall at all times be made pursuant to such specifications as may be furnished to subdivider by the city engineer, and unless such installation is approved by the city engineer in writing. No meter shall be installed to any service connection not so approved, nor any water supplied thereto.

3. In the event that pursuant to any rules or regulations adopted by the water division as provided in this chapter, the city has agreed to repay to any subdivider the cost of any water mains, the cost of any water service connections shall not be included in the payment.

4. Upon request from subdivider, the city will furnish materials for the installation of water service connections at cost, plus any taxes and freight and plus five percent.

N. Duties of Director of Public Works. All sums required to be paid under these rules shall be paid to the director of public works, or his agent, and he shall issue a receipt therefor and pay the money into the city treasury and he shall thereupon procure all materials required therefor.

From time to time as may be necessary, the city council may amend such charges by resolution. (Ord. 1495 §§4, 5, 1993; Ord. 1137 §1(part), 1981: Ord. 1075 §3, 1980; Ord. 1039 §3, 1979; Ord. 1018 §3, 1978; Ord. 971 §3, 1978; Ord. 922 §3, 1977; Ord. 898 §3, 1977; Ord. 863 §3, 1975; Ord. 797 §3, 1973: Ord. 688 §3, 1968: prior code §23.16).

13.12.170 Service connection – Special uses.

A. Fire Service Connections. When an application is made for fire service connections, such sprinkler and fire service installation shall not be less than four inches in size and shall be approved by the fire chief and by the inspection bureau of the Board of Fire Underwriters of the Pacific before water service is commenced. Installations to be at applicant’s expense.

Each fire service shall have installed therein a detector check valve of such pattern and design as approved by the director of public works.

“Detector check valve” means a spring-loaded or weight-loaded swing check valve equipped with a metered bypass.

Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire fighting system. Whenever a consumer wishes to test, he shall notify the commercial officer at least two working days before making such test.

1. Unauthorized Use. Where an existing fire service connection is not equipped with a detector check valve, the following applies: If it is found an unauthorized connection has been made or that an unauthorized use has been made of the fire service connection, the consumer shall be notified to discontinue such unauthorized connection or use, and if such consumer fails or refuses to do so, the water to said service shall be shut off, and not turned on again until a proper detector check valve has been installed.

2. Water for Fire Storage Tanks. Water may be obtained through a fire service connection for filling a storage tank for fire protection purposes, but only if written permission is secured from the commercial office in advance, and if an approved means of measurement is available. The standard water rates set forth in this chapter shall be applied to the quantity of water so furnished.

B. Temporary Service. Whenever practical, all water furnished through a temporary service connection shall be metered. Permits for temporary service connections shall be valid for a period of time determined by the director of public works. Upon the discontinuance of use or termination of the period allowed by the permit, the temporary service shall be disconnected and dismantled or removed.

1. Deposits. The applicant shall make a cash deposit with the commercial office prior to issuance of a permit for a temporary service connection. The amount of the deposit shall not exceed the estimated costs of installing and removing the facilities necessary to provide such service including the value of materials.

2. Refund of Deposit. Upon discontinuance of the temporary service and upon the completion of dismantling of the connections, the deposit shall be refunded without interest (upon application therefor) less any charges then unpaid, including the value of materials used (less salvage value) and materials lost or damaged.

C. Street Construction Water Services. Unless otherwise provided, contractors engaged in street construction work shall not take water from the water system except under the terms and conditions above set forth for temporary service connections.

D. Subdivision Construction Water Service. When it is impractical in the opinion of the director of public works to install a temporary water service connection for the building construction work in a subdivision or to otherwise meter the water required for such building construction, the director of public works may allow the subdivider or developer to install water service connections without meters, provided that:

1. The subdivider or developer agrees to use the unmetered services only for actual testing and inspection of water facilities within the houses under construction;

2. All of the temporary service connections shall be disconnected from the house piping and a meter installed prior to selling or transferring any title or interest to the premises or otherwise permitting occupancy of the premises;

3. A fee of one and one-half times the number of lots within the subdivision multiplied by the monthly minimum for a three-fourths inch by five-eights inch service will be charged the subdivider or developer for each six month period or portion thereof that water is being withdrawn from unmetered sources for house construction. (Ord. 1450 §1, 1991; prior code §23.17).

13.12.180 Main extension.

A. Application. Applications for water main extensions shall be made at the commercial office and shall be accompanied by a deposit of ten dollars for each lot to be served in the case of a subdivision, or otherwise sixty dollars for each acre to be served. The director of public works shall cause a survey to be made to determine the adequacy of existing mains, if any, to serve the property of applicant.

B. Fire Hydrants. In preparing plans to extend water mains to serve property within the city, the director of public works shall provide for the installation of fire hydrants. The cost of such hydrants shall be included as a part of the water main extension and shall be paid for by applicant.

C. Estimate of Cost. The director of public works shall cause an estimate of installation costs to be prepared including therein costs of survey, specifications and estimates. The specifications and cost estimates shall be furnished to applicant who shall within sixty days elect to proceed with the installation or abandon the same. If the applicant withdraws the application for the water main extension, all deposits made by applicant less costs of survey, specifications and estimates shall be refunded to him.

D. Installation at Applicant’s Cost and Expense. In the case applicant elects to proceed with the water main installation, he shall install the same at his own cost and expense. Applicant to receive credit against said costs to the extent of deposits made under subsection A of this section. However, when the water main extension will be of benefit to properties other than that owned by the applicant and therefore the cost of the main extension will be the basis for calculating charges to other customers and for calculating refunds, if any, to any applicant, the applicant shall obtain not less than two bids for the work and the director of public works shall approve the cost prior to the beginning of any construction.

E. Standard Specifications. The director of public works shall prepare specifications for the construction of water system facilities. A copy of the standard specifications shall be filed with the city clerk and after their approval and adoption by resolution of the city council, they shall govern all extension, additions and revisions of the water distribution system.

F. Surety Bonds. In the event applicant installs water main extension facilities, he shall furnish the city a surety company bond in an amount equal to at least one-half the director of public works’ estimate of the installation costs, to guarantee faithful performance by the applicant, and a surety company bond in an equal amount to guarantee claims of persons employed by applicant and claims of persons who furnish materials, supplies and implements used by applicant on such work.

G. Bill of Sale. When water main extension facilities are installed and upon the execution and delivery by applicant of a good and sufficient bill of sale of said facilities to the city, water shall be furnished to applicant’s property.

H. Refunding Procedure. The water division may adopt, with the approval of the city council, rules and regulations providing for the refunding to applicants who have, with approval of the water division, paid for a water main extension, all or any portion of said cost as subsequent applicants are permitted to connect thereto. Current copies of any such rules and regulations so adopted will be kept in the commercial office and shall be made available to applicants for water service. (Prior code §23.18).

13.12.190 Fire hydrants.

A. Purpose. Fire hydrants are provided for the sole purpose of extinguishing fires and are to be opened and used only by the water division and fire department or such persons as may officially be authorized to do so.

B. Operation. To insure the safety of fire hydrants for fire protection, any person authorized to open fire hydrants shall use only an approved spanner wrench and shall replace the caps on the outlets when not in use.

C. Temporary Service. If temporary service is to be supplied through a fire hydrant, a permit for same must be obtained from the commercial office, and such permit must be exhibited upon the work while taking water.

D. Relocation. Property owners and/or others desiring the removal or change in location of a fire hydrant or hydrants shall first make a request, in writing, of the water division. After obtaining the approval of the fire chief of the proposed removal or relocation, the director of public works shall prepare an estimate of cost of the proposed work. Before the water division can proceed with the work or order materials for same, the person or persons requesting the removal or relocation must deposit an amount equal to the estimated cost with the commercial office. Upon completion of the work the actual cost shall be compiled and any difference between the actual and the estimated cost shall be billed or refunded for the applicant’s account. (Prior code §23.19).

13.12.200 Inspection.

The director of public works or his duly authorized agents shall at all reasonable times have the right to enter or leave the customer’s premises for any purpose properly connected with service to the customer. (Prior code 623.20).

13.12.210 Construction or street work.

All persons engaged in construction or street work shall give at least ten days’ written notice to the water system for the removal or displacement of water system facilities that may interfere or conflict with street work, and any damage resulting to said facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacing of water facilities shall be paid by the person engaged in such work, except where provisions of county or state encroachment permits or city permits or contracts state otherwise. (Prior code §23.21).

13.12.220 Emergency shutoff.

In case of fire, or alarm of fire, or in making repairs, or in constructing new work, the water division shall have the right to shut off water from any customer or number of customers without notice and to keep it shut off as long as it may be necessary. In case of fire, or alarm of fire, the use of fountains or yard sprinklers is prohibited, should circumstances warrant. (Prior code 623.22).

13.12.230 Nonliability for fluctuation in service.

The water system shall not be liable for damages resulting from:

A. Any interruption of service or damage caused by spigots, valves, and/or other equipment or fixtures that are open when water is turned on, either when water is turned on originally or when turned on after a temporary shutoff.

B. Any increase or decrease in delivery pressure, since the water service is subject to such variations in pressure as may be from time to time required or occur in the operation of the distribution system. (Prior code §23.23).

13.12.240 Connection by authorized person only.

No person except an employee of the water system shall tap any of the water pipes of the main line or distribution system or insert tees, stopcocks or ferrules therein. Where service pipes are found disconnected at the water system cock, they shall be reconnected only by an employee of the water system. (Prior code §23.24).

13.12.250 Reselling and redelivery of water prohibited.

It shall be a violation of these regulations if water received from this system is resold or redelivered to premises other than those stipulated in the water service application. (Prior code §23.25).

13.12.260 Contractual rates.

The city council reserves, pursuant to Section 13.12.020, the right to negotiate by contract rates different than those expressed in this chapter, and that said contractual rates shall take preference over any other rate or rates in this chapter. (Prior code §23.26).

13.12.270 Service to annexable territory.

Anything in this chapter to the contrary notwithstanding, no water or water service shall be sold or furnished in any territory which at the time of the application for such water service or meter installation is annexable under the laws of the state to this city, but is not then within and a part of this city; provided, however, that in any territory outside of the city now served by the water system of this city, extension of such service within such territory as the same is now served may be made only upon express approval by the Council. (Prior code §23.27).