Chapter 15.08

MUNICIPAL WATER SYSTEM*

Parts:

• 1 Definitions 2 Service Areas 2.5 Rates and Charges for Potable Water Service

• 3 Description of Service 4 Application for Connection 5 Fire Hydrants 6 Service Connections 7 Fees and Charges 8 Main Extensions 9 Water Main Reimbursement Funds 10 Municipal Water System Major Water Facilities Fee

15.08.160 Private fire protection service connection.

15.08.180 Public fire hydrant service connection.

• 15.08.220 Water mains.

15.08.230 Water main area charge and frontage charge.

Sections:

Part 1

DEFINITIONS

Unless the context otherwise requires, the words and phrases in this Part 1 shall have the following meanings and shall govern the construction of this Chapter 15.08.

(Prior code § 7600.)

15.08.010 Definitions generally.

15.08.020 Actual costs.

15.08.030 Applicant.

15.08.040 Backup facilities.

15.08.050 City.

15.08.060 Department.

15.08.070 Director.

15.08.080 Engineering costs.

15.08.085 Equivalent dwelling unit.

15.08.090 Fiscal year.

15.08.100 Land and interest in land.

15.08.110 Main extension.

15.08.115 Major water facility.

15.08.120 Municipal water system.

15.08.130 Person.

*State law reference— For statutory provisions on municipal water systems, see Gov. Code § 38730 et seq.

"Actual costs" means the cost of labor and materials of installing water mains and service connections and all costs incidental thereto other than engineering costs.

(Prior code § 7600.1.)

"Applicant" means a person applying for water service.

(Prior code § 7600.2.)

"Backup facilities" means sources of water supply, wells, storage reservoirs, standby facilities, meters and meter facilities (excluding individual customer meters), office equipment, operating vehicles, tools and special equipment, water treatment facilities, communication facilities, lands and interests in land.

(Prior code § 7600.3.)

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"City" means the City of San José, a municipal corporation of the state of California. (Prior code § 7600.4.)

"Department" means the department of environmental services, or such other department designated by the city manager to administer this chapter.

(Prior code § 7600.5; Ord. 29031.)

"Director" means the director of environmental services, or such other director designated by the city manager to administer this chapter. (Prior code § 7600.6; Ord. 29031.)

"Engineering costs" as used in this chapter means the costs of preparing detailed plans and specifications for water facilities, inspecting the construction of water facilities, and all overhead and administrative charges attributable to these actions. (Prior code § 7600.7; Ord. 23975.)

"Equivalent dwelling unit" (EDU) as used in this chapter means any use of land which is projected to use an average of four hundred gallons of water per day from the municipal water system. (Ord. 23975.)

"Fiscal year" means a period of twelve months commencing July 1st and ending June 30th. (Prior code § 7600.8.)

rights, subversion rights-of-way, and other like interests in land for the production or transmission of water.

(Prior code § 7600.9.)

"Main extension" means the extension of water mains beyond existing facilities. (Prior code § 7600.10.)

"Major water facility" for purposes of Part 10 of this chapter means any improvement to the municipal water system of the city including, but not limited to, any installation that is used to store, transmit, purify, treat, pressurize, measure, pump or extract water, such as reservoirs, storage tanks, groundwater wells, pump stations, turnout connections to water supply sources, transmission mains, site improvement or appurtenant installations to accommodate growth and development. (Ord. 23975.)

"Municipal water system" means the water system consisting of backup facilities, water mains and service connections owned and operated by the city.

(Prior code § 7600.11.)

"Person" means any individual, corporation, association, partnership, or any other private entity, or any governmental agency or body including the federal government, the state, the county, a city (excluding the City of San José), or any of their subdivisions.

(Prior code § 7600.12.)

"Land and interest in land" means land owned in fee by the city and used for water facilities, and rights, interests and privileges held by the city such as leaseholds, easements, water rights, diversion

"Premises" means the integral property or area, including improvements thereon, to which water service is or is to be provided; and which is undivided by public streets or water mains of the municipal water system, except that such division may be

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§ 15.08.210

permitted in the case of industrial, agricultural and public or quasi-public institutions, and where all parts of the premises are operated under the same management and for the same purpose. (Prior code § 7600.13.)

"Private fire protection service" means fire protection facilities not owned or operated by a public agency, located on private property, and used solely for the purpose of fire protection and which are regularly inspected by underwriters and which are installed in accordance with specifications approved by the department and which are maintained to the satisfaction of the department. (Prior code § 7600.14.)

connection.

"Private fire protection service connection" means the pipe or tubing and fittings necessary to conduct water from the water main to the customer's property line for private fire protection service. No meter is included in such service connection, but it does include a detector check meter for the determination of leakage and/or wrongful use of water from the private fire protection facilities. (Prior code § 7600.15.)

of-way and which are owned, operated or controlled by a public agency and are connected to the municipal water system.

(Prior code § 7600.16.)

"Public fire hydrant service connection" means the pipe or tubing and fittings necessary to conduct water from the water main to the public fire hydrant. No meter is included in such service connection.

(Prior code § 7600.17.)

"Rules and regulations" means rules and regulations for the municipal water system established, adopted or approved by resolution of the city council.

(Prior code § 7600.18.)

"Service area" means the Evergreen Water Service Area, the North San José Water Service Area, or the Alviso Water Service Area described in Part 2 of this chapter.

(Prior code § 7600.19.)

"Projected average daily water use" means the estimate of the likely total annual water use of a premises divided by three hundred sixty-five days. The likely total annual water use shall be determined based on all information provided to the director as well as the use of standardized water use calculations as applied in San José Municipal Code Section 15.16.180 for the treatment plant connection fees. Due consideration shall be given by the director to the use of water conservation measures or devices proposed for use within the structure or development.

(Ord. 23975.)

"Public fire hydrants" means fire hydrants located in public streets or public easements or rights-

"Special assessment proceeding" shall mean a proceeding whereby real property is made subject to an assessment or special tax, whether contingent or otherwise, which constitutes a lien on the property and which is used to finance public water facilities benefitting the property assessed. (Ord. 23471.)

"Standard service connection" means the pipe or tubing, fittings, valves, meter and meter boxes necessary to conduct water from the water main to and through the meter or to the curb stop or shutoff valve on an unmetered service connection, to the point where connection is made to facilities of

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SAN JOSÉ CODE

"Water mains" means all water lines owned by the city, including necessary appurtenances such as fittings, valves, valve housings, anchors, air vents, vacuum breakers, and blowoff facilities, but excluding backup facilities and service connections. (Prior code § 7600.21.)

"Water main area charge and frontage charge" means the charge established by this chapter for the privilege of connecting premises to the municipal water system. Such charges may from time to time be increased or decreased by amendment of this chapter.

The Alviso water service area consists of all that territory situate within the boundaries of the former City of Alviso as said boundaries existed immediately prior to the consolidation of said City of Alviso with the City of San José, but only so long as said territory remains part of the City of San José.

(Prior code § 7601(3).)

The Edenvale water service area consists of all that territory situated within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that area designated "Edenvale Water Service Area" shown on that certain map entitled, "San José Municipal Water System-Edenvale Water Service Area-Coyote Water Service Area," on file in the office of the city clerk.

(Ord. 22278.)

(Prior code § 7600.22.)

Part 2

SERVICE AREAS

Sections:

15.08.260 Alviso water service area.

15.08.265 Edenvale water service area.

• 15.08.270 Evergreen water service area.

15.08.275 Coyote water service area.

15.08.280 North San José water service area.

15.08.290 Change in size of areas.

• 15.08.300 Connections for property located outside water service area.

The service areas of the municipal water system consist of those areas described in Sections 15.08.260 through 15.08.280. (Prior code § 1607(part).)

The Evergreen water service area consists of all that territory situate within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that area designated "Evergreen Water Service Area" shown on that certain map entitled "San José Municipal Water System-Evergreen Water Service Area," on file in the office of the city clerk, and all that territory situate within the service area of the Evergreen Water Co., Inc., a California corporation, at the time of acquisition thereof by the city. (Prior code § 7601(1).)

The Coyote water service area consists of all that territory situated within the boundaries of the city, as said boundaries now exist or may be changed, which lies within the boundaries of that [area] designated "Coyote Water Service Area" shown on that certain map entitled, "San José Municipal Water

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(Ord. 22278.)

tory located within the boundaries of the former City of Alviso as said boundaries existed immediately prior to the consolidation of said City of Alviso with the City of San José. (Prior code § 7601(2).)

The North San José water service area consists of all that territory situate within the boundaries of the city, County of Santa Clara, as said boundaries exist now or may be changed, which lies within the hereinafter described area:

Generally the area north of Brokaw Road, between Guadalupe River and Coyote Creek, to the northerly boundary of Santa Clara County, more particularly described as follows:

Beginning at a point where the Guadalupe River crosses the Bayshore Freeway (101), said point being the point of beginning of this description; thence continuing generally northerly along said centerline of the Guadalupe River to a point southerly of the Mountain View-Alviso Road, where the City of San José city limit line intersects the Guadalupe River; thence along the City of San José city limit line generally north and northwest to a point in the centerline of Coyote Creek which is a common point in the boundaries of the City of San José, City of Sunnyvale, County of Santa Clara, and County of Alameda; thence generally easterly along the centerline of Coyote Creek being also the common boundary between the County of Santa Clara and the County of Alameda to a point which is a common point in the boundaries of the County of Santa Clara, County of Alameda, the City of Fremont, and the City of Milpitas; thence generally southerly along the centerline of Coyote Creek to a point in the centerline of Nimitz Freeway; thence along the centerline of Nimitz Freeway to the centerline of Brokaw Road; thence generally west along centerline of Brokaw Road westerly to the true point of beginning, excepting therefrom all that terri-

The city council may from time to time enlarge or reduce the size of said water service areas by amendment of the provisions set forth in this Part 2.

(Prior code § 7601.1.)

• A. Notwithstanding any other provisions of Chapter 15.08 to the contrary, the provisions of this section shall apply to and control applications to connect property located outside the boundaries of the service area of the San José municipal water system.

• B. Application to connect property located outside the boundaries of the service area of the San José municipal water system, and outside the boundaries of the city, may be granted only if all of the following conditions exist:

  1. There is a failure of an existing water supply to the property and there is no other source of water supply available to the property; and

  2. The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and

  3. The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.

  4. If the property to be served is located adjacent to or coterminous to the boundaries of the city, the applicant has filed an application for annexation of the property to be served into the City of San

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SAN JOSÉ CODE

§ 15.08.300

José, and the applicant has waived any and all rights to a San José municipal water system water connection in the event annexation of applicant's property does not take place.

5. Water served by the municipal water system will only be used to serve uses existing on the property at the time of commencement of the service.

• C. Application to connect property located outside the boundaries of the service area of the San José municipal water system, and within the boundaries of the city, may be granted only if all of the following conditions exist:

  1. There is a failure of an existing water supply to the property or there is no other source of water supply available to the property; and

  2. The applicant is the owner of the property to be served or a duly organized mutual water company that is a state small water system, as defined in the California Water Code; and

  3. The applicant will own and be responsible for all costs of construction, operation and maintenance of facilities located outside the service area of the San José municipal water system.

• D. The granting of a water connection to property located outside the service area of the San José municipal water system is hereby declared to be a mere privilege revocable at the pleasure of the council, and this privilege may be granted or withheld in the absolute discretion of the city council.

• E. Nothing contained herein shall be construed as limiting the discretionary power of the city. The council, in the exercise of its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified herein. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.

erein shall be construed as limiting the discretionary power of the city. The council, in the exercise of its discretion, specifically reserves the right to require the fulfillment of conditions in addition to those specified herein. The council expressly reserves the right to withhold permission in any case where in its opinion the best interests of the people of the city will be served thereby.

• (Prior code § 7601.2; Ords. 18670, 25962.)