Volta Community Services District

Article 1 - Purpose

• 1.01 General

Article 2 - General Provisions

• 2.01 Short Title
• 2.02 Words and Phrases
• 2.03 Separability
• 2.04 Other Regulations, Standards and the County Well Ordinance
• 2.05 Water System
• 2.06 Water Pressure Conditions and Interruptions of Services
• 2.07 Tampering with District Property
• 2.08 Penalty for Violation
• 2.09 Reconnection Fee
• 2.10 Final Ruling
• 2.11 Relief by Resolution
• Article 3 - Definitions
• 3.01 Meanings of Terms
• 3.02 Auxiliary Water Supply
• 3.03 Board
• 3.04 Cost
• 3.05 Cross-Connection
• 3.06 Distribution Mains
• 3.07 District
• 3.08 Domestic Use
• 3.09 Multiple-Family Dwellings
• 3.10 Non-Residential
• 3.11 Owner
• 3.12 Premises
• 3.13 Public Fire Protection Service
• 3.14 Public Potable Water System
• 3.15 Regular Water Service
• 3.16 Residential
• 3.17 Single-Family Dwellings
• 3.18 Standby Service
• 3.19 Temporary Water Service
• 3.20 Unit
• 3.21 User or Person
• 3.22 User’s Water System
• 3.23 Water Department
• 3.24 Water Service Connection
• 3.25 Working Day

Article 4 - Board of Directors and Board Meetings

• 4.01 Purpose
• 4.02 Qualifications
• 4.03 Compensation
• 4.04 Terms of Office
• 4.05 Removal and Resignation of Board Members
• 4.06 Vacancies
• 4.07 Officers
• 4.08 Place of Board Meetings
• 4.09 Regular Meetings
• 4.10 Special Meetings
• 4.11 Public Open Meetings

Article 5 - Other Water District Personnel

• 5.01 General Manager - Duties
• 5.02 Water Operator - Duties
• 5.03 Certified Distribution Operator
• 5.04 Separation of Powers
• 5.05 Compensation

Article 6 - Notices

• 6.01 Notice to Users
• 6.02 Notice from Users

Article 7 - Water General-Use Regulations

• 7.01 Water Use Limitations
• 7.02 Number of Services
• 7.03 Water Conservation
• 7.04 Water Waste
• 7.05 Power to Inspect Premises
• 7.06 Extending Piping to Serve Other Uses
• 7.07 User’s Responsibility for Facilities
• 7.08 Responsibility for Equipment on User’s Premises
• 7.09 Damage to Water System Facilities
• 7.10 Gate and Check Valves on User’s Property

Article 8 - Water Services and Connections

• 8.01 General
• 8.02 Liability

Article 9 - Application for Water Service

• 9.01 Applications
• 9.02 Undertaking an Applicant
• 9.03 Payment for Previous Service
• 9.04 Time Constraints
• 9.05 Inspection
• 9.06 Connection Fees
•          (a) Connection
           (b) Abandonments

Article 10 - Temporary Service Connection

• 10.01 Connection, Installation and Removal: Charges and Deposits

Article 11 - Auxiliary Water Supplies

• 11.01 General

Article 12 - Public Fire Protection

• 12.01 Use of Fire Hydrants
• 12.02 Moving of Fire Hydrants

Article 13 - Fees and Charges

• 13.01 Purpose and Basis
• 13.02 Rate Changes
• 13.03 No Free Services
• 13.04 Where Bills are Payable
• 13.05 Responsibility of Bill Payments
• 13.06 Changes in Ownership
• 13.07 Billing
• 13.08 Delinquencies
• 13.09 Penalties
• 13.10 Discontinuance of Water Service
• 13.11 Disconnection for Non-Payment
• 13.12 Suit for Payments
• 13.13 Reconnection Fee
• 13.14 Upon Vacating Premises
• 13.15 Refunds
• 13.16 Deposits for Re-establishment of Credit

Article 14 - Amendments to Water Ordinance

• 14.01 Amendments By Members
• 14.02 Record of Amendments

ORDINANCE NO. 1
AN ORDINANCE WHICH SHALL ESTABLISH CHARGES, RULES AND REGULATIONS FOR WATER SERVICES AND FACILITIES FURNISHED BY THE VOLTA COMMUNITY SERVICES DISTRICT
THE BOARD OF DIRECTORS OF THE VOLTA COMMUNITY SERVICES DISTRICT, COUNTY OF MERCED, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS:
Article 1 - Purpose
1.01 General. The purpose of this Ordinance is to set forth water policies and procedures.

Article 2 - General Provisions

2.01 Short Title.. This Ordinance shall be known and may be cited as Volta Community Services District Water Ordinance.
2.02 Words and Phrases. For the purpose of this Ordinance, all words herein in the present tense shall include the future, all words in the plural number shall include the singular number, and all words in the singular number shall include the plural number.
2.03 Separability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining portions of this ordinance.
2.04 Other Regulations, Standards and the County Well Ordinance.. Except as may be otherwise specified in this Ordinance, all current state, federal, and Merced County codes and regulations pertaining to water management are hereby adopted, incorporated in, and made an applicable part of this Ordinance.
2.05 Water System. The District will furnish a system that includes equipment and facilities that obtain, store and distribute potable water, including lands and easements as part of said system, for the purpose of providing potable water for public and private users. All mains and appurtenant facilities connected to the District’s distribution system shall become the property of the District and shall be operated and maintained by the District. Dedication of such mains and appurtenants to the District shall be made in a form acceptable for recordation, prior to connection of service through the new system and a successful inspection by the District.
2.06 Pressure Conditions and Interruptions of Services. All water users are required to accept conditions of pressure and services as are provided by the distribution system at the location of the service connection, and to hold the District harmless for any damages arising out of low pressure or high pressure conditions or interruptions in services. Every effort will be made to maintain a minimum of 20 lbs. PSI in the system.
2.07 Tampering with District Property. No one, except a District employee or representative of the Board, unless otherwise appointed by the District, shall at any time or in any manner, operate or interfere with the curb stop or valves, main cocks, gates or valves, street mains or other parts of the District’s water system. Also, no one is to build structures such as sheds, fences, driveways, etc., on District easements without first obtaining permission from the District. The District is not responsible for any damage to structures built on easements that may occur as a result of seepage from broken water lines, or from repairing or replacing said lines.
2.08 Penalty for Violation. For the failure of the user to comply with all or any part of this Ordinance, any District ordinance, resolution or order fixing rates and charges of the District, a penalty fee plus cost of repairs, in any, shall be levied. Also, the user’s water service may be discontinued and the water shall not be supplied to such user until the user complies with the rule or regulation, rate or charge which the user has violated, or the user has satisfied the District that in the future the user will comply with all the rules and regulations established by ordinance of the District and with all rates and charges of the District. A violation of this ordinance is also made and may be prosecuted as a misdemeanor as defined and punishable under California Penal Code Sec. 17(a) and 19, in the case where there is intentional tampering with District property without District permission.
2.09 Reconnection Fee. The user shall pay the District a reconnection fee for renewal of the water service if the District discontinued the service. The District may require a deposit for reestablishment of credit if bill paying performance is inadequate. See also Sections 13.08 through 13.16.
2.10 Final Ruling. All rulings of the Board of Directors shall be final. All rulings of the General Manager shall be final unless appealed in writing to the Board within five (5) consecutive working days, as defined in Section 3.25 of this Ordinance, after the General Manager’s ruling. When appealed, the Board’s ruling shall be final.
2.11 Relief by Resolution. The District Board of Directors, may, find that by reason of special circumstances, any provision of this Ordinance should be suspended or modified as applied to a particular premise. Said action shall be adopted by Resolution of the Board of Directors.
 

Article 3 - Definitions
 

3.01 Meanings of Terms as follows shall govern the construction of this Ordinance and its application, unless otherwise apparent from the context.
3.02 Auxiliary Water Supply means any water supply on or available to the premises other than the District’s approved public water supply.
3.03 Board means the Board of Directors of the Volta Community Service District.
3.04 Cost means the cost of labor or service, material, transportation, supervision, engineering, and all other necessary overhead expenses.
3.05 Cross-Connection means any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non-potable water or potable water not under the control and supervision of the Volta Community Service District, through which, or because of which, backflow may occur into the public potable water system.
3.06 Distribution Mains means water lines in streets, alleys, and easements used for public fire protection and for general distribution of water.
3.07 District means the Volta Community Services District.
3.08 Domestic Use means potable water used for purposes such as drinking, cooking, bathing, washing, cleaning, flushing of toilets and reasonable yard and garden upkeep.
3.09 Multiple-Family Dwellings means premises designed, improved or used as a residence for two or more families living independently of each other in two or more structurally joined dwelling units with separate entrances and with separate sanitary and kitchen facilities. This term shall include apartment houses and duplexes, but shall not include motels, dormitories or similar structures.
3.10 Non-Residential means all uses other than as defined as residential.
3.11 Owner means the person owing the fee, or the person in whose name the legal title to the property appears by deed, duly recorded in the Merced County Recorder’s office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.
3.12 Premises means a lot or parcel of real property developed with a structure, building or unit under one ownership.
3.13 Public Fire Protection Service means the service and facilities of the entire water supply, storage and distribution system of the Volta Community Service District, including the fire hydrants and the water available for fire protection, excepting users’ water systems.
3.14 Public Potable Water System means a system, regardless of type of ownership, for the provision of piped water to the public for domestic use, if such system has at least five service connections or regularly serves an average of at least 25 individuals daily at least sixty (60) days out of the year. This system includes all sources, facilities and devices between the source and the point of delivery, such as valves, pumps, conduits, tanks, receptacles, fixtures, equipment, etc., used to produce, convey, treat or store potable water for public domestic use.
3.15 Regular Water Service means water supplied for normal domestic use, as defined in Section 3.08 of this Ordinance, on a permanent basis.
3.16 Residential any single-family or multiple-family dwelling used as a residence.
3.17 Single-Family Dwellings means premises designed, improved or used as a residence for one family with sanitary and kitchen facilities.
3.18 Standby Service means the water service to a unit has been turned off at the water service connection by the Water Department at the request of the owner.
3.19 Temporary Water Service means water supplied for construction work fire protection and other uses of limited duration.
3.20 Unit means a house, apartment, mobile home, an inhabited trailer, an inhabited recreational vehicle, a public establishment, or an industrial or a commercial establishment. This term does not refer to an apartment building, or a commercial or industrial building housing more than one unit, as defined herein.
3.21 User or Person means any human being, individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the State of California, districts and all political subdivisions, governmental agencies, departments and mandatories thereof obtaining water from the district.
3.22 User’s Water System means any water system location on the user’s premises whether supplied by a public potable water system or an auxiliary water supply.
3.23 Water Department means the Volta Community Service District Board, General Manager, Water Operator, Treasurer/Billing Clerk, and other authorized Volta Community Service District representatives that perform functions related to the Volta Community Service District’s water system.
3.24 Water Service Connection means the point of connection of a user’s water system to the Volta Community Service District’s water system; that is, where the Volta Community Service District loses jurisdiction and sanitary control over the water at its point of delivery to the user’s water system. If a meter is installed at the end of the service connection, then the service connection means the downstream end of the meter. Where services are divided at the curb or property line to serve several users, or units, each branch service shall be deemed a separate service.
3.25 Working Day means any Monday, Tuesday, Wednesday, Thursday and Friday with the exception of all national and State holidays, between the hours of 8:00 a.m. - 5:00 p.m.
 

Article 4 - Board of Directors and Board Meetings
 

4.01 Purpose. The Board established policies and procedures for the proper functioning of the District.
4.02 Qualifications. Each Board Member must be a permanent resident within the District water service area and also a registered voter in the State of California and Merced County. A Board Member may not be the General Manager and/or Treasurer/Billing Clerk.
4.03 Compensation. The position of Board of Directors Member shall be voluntary; directors shall receive no remuneration for their duties.
4.04 Terms of Office. - Each Board Member shall be elected for a term of three (3) consecutive years. Each of the five (5) Board Members’ terms of office shall be staggered in such a manner that no more than two terms shall end simultaneously.
4.05 Removal and Resignation of Board Members.

(a) The Board may declare vacant the office of a Board Member and may remove a Board Member for missing three (3) consecutive regular meetings of the Board of Directors.
(b) The Board may also declare vacant, the office of a Board member and may remove a Board member who, upon actual and a thirty (30) day written notice, does not comply with formal Board action, request, or direction.
(c) Any Board Member may resign at any given time by giving written notice to the Board of Directors, or to the President, or to the Secretary of the Board. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

4.06 Vacancies. A vacancy or vacancies shall be deemed to exist in case of the death, resignation, removal, or expiration of term of office for any Board Member. Vacancies will be filled in compliance with state and local law.
4.07 Officers. After their election the Board of Directors shall meet and organize by electing from their own number, a President, a Vice-President and a Secretary. No two offices may be held by the same person. New officers shall be elected annually or also periodically at the discretion of the Board.

(a) President - The President shall preside at all meetings of the Board of Directors. In the temporary absence of the General Manager and the Treasurer, the President may assume but not exceed their duties and responsibilities as needed. The President shall be a member of all standing committees, if any, and shall have such other powers and duties as may be prescribed by the Board of Directors or Water Ordinance.
(b) Vice-President -The Vice-President shall, in the order designated by the Board of Directors, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the Board of Directors shall prescribe.
(c) Secretary

i. The Secretary shall keep, or cause to be kept, a book of minutes at the principal office or such other place as the Board of Directors may order, of all Board meetings and members, with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at the Board meetings and the proceedings thereof.
ii. The Secretary shall give, or cause to be given, notice of all meetings of the Board of Directors required by the Water Ordinance or by law to be given, and shall keep the seal of the District and affix said seal to all documents requiring a seal, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or the Water Ordinance.

4.08 Place of Board Meetings. Meetings of the Board of Directors shall be held at a pre-designated and noticed location within the boundaries of the Volta Community Services District as designated for the purpose, from time to time, by resolution, rule or other proper Board action of the Board of Directors or upon consent of the Board.
4.09 Regular Meetings. Regular meetings of the Board of Directors shall be monthly or quarterly on such days as the Board of Directors shall determine from time to time. If any such day shall fall upon a holiday, such meetings shall be held on the next succeeding business day thereafter.
4.10 Special Meetings. Notices:

(a) Special meetings of the Board of Directors for any purpose or purposes shall be called by the President, or if said officer is absent or unable or refuses to act, by the Vice-President.
(b) Special meetings of the Board may be held upon 24 hours advance notice. Such notice shall be considered due, legal, and personal notice to such Board member or all persons who previously requested notification. The notice shall state the time, place and business to be transacted at the meeting and no other special meeting.

4.11 Public Open Meetings. All Board meetings and actions shall be subject to the open meeting laws of the Ralph M. Brown Act (California Government Code, Section 54950, et seq.)
 

Article 5 - Other Water District Personnel
 

5.01 General Manager. The General Manager shall be the executive officer of the District under the supervision of the Board of Directors. He is responsible for the execution of the Board policies and procedures, managing District staff accordingly, and providing information and recommendations to the Board as needed.
The General Manager shall be available to water district residents in order to respond to questions, concerns and complaints (verbal and written), identify service issues and notify the Distribution Operator when inspection and/or repairs are necessary, serve notices of non-payment and imminent disconnection, authorize disconnection of water services, notify customers of water quality concerns, and perform any other duties prescribed by the Board. He is authorized to sign and approve any contracts or funding agreements necessary to conduct normal business up to $1000 or in excess of $1000 to handle any emergency situation that may arise to prevent loss of life or property. In an emergency situation, the Board must be notified within 24 hours. The General Manager shall present an official report at each regular Board meeting.
5.02 Treasurer/Billing Clerk. The Treasurer/Billing Clerk shall compute, prepare, and mail bills as hereinafter prescribed, make and deposit collections, pay regular, on-going monthly bills as previously approved by the board, maintain proper books of account, and do whatever else is necessary to set up and maintain an efficient and economical bookkeeping system, present an official report at each regular Board meeting, and perform any other duties prescribed by the Board. The books of account shall be available for review by Board members upon request.
5.03 Certified Distribution Operator. The Operator shall supervise and inspect all repair and construction work authorized by the Board and perform any other duties prescribed elsewhere in this Ordinance or which shall be hereinafter prescribed by the Board or required by state, federal or county law or ordinance.
5.04 Separation of Powers. The General Manager and the Treasurer/Billing Clerk shall not be the same person.
5.05 Compensation. The General Manager, Distribution Operator and Treasurer/Billing Clerk shall receive such compensation as is prescribed by the Board.
 

Article 6 - Notices
 

6.01 Notice to Users. Notice from the District to a user will normally be given in writing and either delivered or mailed to the user and, when warranted, to the property owner as well. Where conditions warrant, in emergencies, the District may resort to notification either by telephone or messenger.
6.02 Notice or Complaints from Users. Notice from the user to the District shall be given by the user or the user’s authorized representative to one of the following: 1) by mail to the mailing address for the District; 2) in person to the General Manager of the District; or 3) an officer or agent duly authorized by the Board to receive notices or complaints.
 

Article 7 - Water General-Use Regulations
 

7.01 Water Use Limitations. Water provided by the District shall be limited to domestic use including reasonable yard and garden upkeep. Surface runoff shall be one measure of water waste. The use of water provided by the District for extensive irrigation is prohibited. Fire protection service is permitted as stated in Article 12.
7.02 Number of Services. Generally, the District shall require a water service connection at every new unit. The District, however, can make exceptions if deemed reasonable. Furthermore, the District may recommend water service connections larger than one inch (1") for the purpose of insuring adequate service pressures. The water service connections must meet or exceed the State Plumbing Code which stipulates locations of water shut-off valves, etc. or AWA (American Waterworks Association) Standards, otherwise the District will not allow the connections to be made to the District’s system. The cost of all water service connections shall be paid for by the applicant.
7.03 Water Conservation. It is the duty of all users utilizing water provided by the District to cooperate in conserving water. In the case of water emergencies or drought situations, the Board may be required to levy temporary water restrictions until the conditions improve.
7.04 Water Waste. No user shall knowingly permit leaks or water waste. Where water is wastefully or negligently used on a user’s premises, the District shall notify the user of water waste, either orally or by written notice. If the District notices water waste a second time, then the District will give a written notice to the user and to the property owner stating that if water waste does not stop, the District will increase the user’s water charges and/or discontinue water service. Furthermore, the notice will state that service will not be resumed until a reconnection fee is paid and/or an approved water meter is purchased and installed at the expense of the property owner. Water meters required under this section become the property of the District. The Water Department encourages reporting of water waste to Board members or the Department’s personnel.
7.05 Power to Inspect Premises. The General Manager, Certified Distribution Operator and other authorized District representatives have the authority to enter upon private property for the purpose of inspection and maintenance of water facilities, including but not limited to, determining the nature of such premises, the type of activities carried on therein, the presence of an auxiliary water supply, and any other facts or information reasonably necessary to determine the applicability of water charges to such premises.
7.06 Extending Piping to Serve Other Users. No user shall make or allow any other person to make any connection to a user’s water system for the purpose of supplying water when said system is connected to the District’s water system.
7.07 User’s Responsibility for Facilities. All water users shall keep their water service connections and their water system, when said system is connected to the District’s water system, in good order at their own expense and shall be liable for any damages to the District’s water system for failure to do so. Water service may be refused or discontinued to any premises where apparatus or appliances are in use which unreasonably endanger district facilities or water quality.
7.08 Responsibility for Equipment on User’s Premises. All facilities installed by the District on private property for the purpose of supplying regular or temporary water service shall remain the property of the District 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. No persons shall place or permit the placement of any object in a manner which will interfere with the free access to the District’s facilities unless authorized by the District. If access is impeded the District may use whatever means necessary to re-establish access, included but not limited to: removing greenery, cutting locks, removing fences and altering structures. Vehicles may also be towed at the expense of the property owner. The District shall not be held legally or financially responsible for any damages incurred while re-establishing access to District property.
7.09 Damage to Water System Facilities. The property owner shall be liable for any damage to the District’s water service facilities when such damage is from causes originating on the premises by an act of the property owner or tenants, agents, employees, contractors, licensees or permittees of the property owner, including the breaking or destruction of locks by the property owner or others on or near a District meter and any damage to a District meter. The District shall be reimbursed promptly by the property owner for any such damage upon presentation of a bill. Penalties for destruction of District property also might include but are not limited to: reimbursement for the purchase of replacement locks, pipes and other parts, additional fees including a New Connection Fee (see Article 9.06) and the filing of criminal charges against the property owner and/or resident.
7.10 Gate and Check Valves on User’s Property. The user shall provide a valve on the user’s side of the water service connection as close as is practicable to the street, alley or easement in which the water main serving the user’s property is located. In the absence of an auxiliary water supply, the user shall install a gate valve in addition to a spring loaded, in-line check valve in a meter box on the user’s side. The user shall not use the District’s curb stop to turn water on and off for convenience.
 

Article 8 - Water Services and Connections
 

8.01 General. All premises and units within the District boundaries shall be required to connect to the District water system, unless otherwise permitted by the District. Any person legally entitled to apply for and required to receive regular water service must make an application to the District. Generally, there shall be a separate connection to the District water system for each premises and/or unit served, except when otherwise authorized by the District. Fees and charges are set forth by Resolution of the Board of Directors of the District.
8.02 Liability. The District and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any property owner. The property owner may be answerable for, and shall save the District and its officers, agents and employees harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. The property owner shall be solely liable for any defects in the performance of his work or any failure which may develop therein.
 

Article 9 - Application for Water Service
 

9.01 Applications. Applications for water service shall be made upon forms provided by the District.
9.02 Undertaking an Applicant. Such applications will signify the user’s willingness and intention to comply with the Ordinance and other ordinances or regulations relating to the water service and to make payments for water service as required.
9.03 Payment for Previous Service. Applications will not be honored unless payments in full have been made for water service previously rendered to the applicant by the District.
9.04 Time Constraints. Once the District approves the application and the required payments have been received by the District, the District will issue a permit with the stipulation that it is good for six months. Authorization for a connection which has not been completed within six months from the date of issuance of the permit shall be withdrawn and the connection fee forfeited.
9.05 Inspection. New water line construction work, new building pipelines, new plumbing and backflow prevention systems will be inspected by the Water District to insure compliance with all requirements of the District. No line shall be covered at any point until it has been inspected and approved. The applicant for a water service connection shall notify the District at least 24 hours in advance of the time when he or she is ready for the inspection and connection to the District water system. Work performed and covered in the absence of inspection and approval by the Water Department shall be rejected until the work has been inspected and approved.
9.06 Connection Fees: New water line construction work, new building pipelines, new plumbing and backflow prevention systems will be inspected by the Water District to insure compliance with all requirements of the District. No line shall be covered at any point until it has been inspected and approved. The applicant for a water service connection shall notify the District at least 24 hours in advance of the time when he or she is ready for the inspection and connection to the District water system. Work performed and covered in the absence of inspection and approval by the Water Department shall be rejected until the work has been inspected and approved.

(a) Connection: The District will charge a set rate plus an Inspection fee. When the applicant makes the water service connection, the applicant shall be responsible for any damages and pay for any damages that may occur to District property and shall be responsible for any damages to other underground utilities.
(b) Abandonments: When a property owner requests the abandonment of one or more water service connections, the cost of abandonment shall be paid by the property owner. The District will usually perform the abandonment.
Should a property owner desire to replace an old water service connection with a new service connection, the property owner shall pay, in addition to the abandonment, the costs of a new water service connection and/or inspection. (Generally, the regular water connection fee will not be levied if the number of water service connections abandoned equals the number of new service connections and are located on the same property.

Article 10 - Temporary Service Connection
 

10.01 Connection, Installation and Removal: Charges and Deposits. When a temporary water service is approved, the District will require a deposit equal to the connection and inspection fees.
The rates for temporary water service shall be established by the Board of Directors at the time an application for such service is made.
 

Article 11 - Auxiliary Water Supplies
 

11.01 General. The construction of a water well within the service area of the District is prohibited. Exemptions may be granted for users which require water in quantities greater than that which can be provided by the District. When permitted by exemption, auxiliary water supplies shall meet State of California Water Quality Standards, Merced County Health Department Monitoring Requirements and shall be approved for potential use as a supplementary or emergency source of water for the District. Such use shall only occur upon formal, written agreement between the District and the legal owner of the auxiliary water supply.
This prohibition shall in no way limit the construction of wells for the purpose of monitoring the fluctuations in groundwater levels, the quality of underground waters, the concentration of contaminants in subsurface soil or water, vapor monitoring, or for the purpose of providing cathodic protection.
Article 12 - Public Fire Protection
12.01 Use of Fire Hydrants. Fire hydrants are for use by the District or by organized fire protection agencies pursuant to contract with the District. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the District prior to use and shall operate the hydrant in accordance with instructions issued by the District. Unauthorized use of hydrants will be in violation.
12.01 Moving of Fire Hydrants. If a property owner or other party desires a change in the size, type or location of a fire hydrant, the property owner or other party shall bear all costs of such changes, without a refund. Any change to a fire hydrant must first be approved by the District.
 

Article 13 - Fees and Charges
 

13.01 Purpose and Basis. Fees and charges as set forth by Resolution of the Board of Directors of the District are established as a course of income for the District to provide the following:

(a) An adequate operation and maintenance program, including competent operating and maintenance personnel.
(b) Reserves for necessary future replacements, improvements and expansions of the water facilities.
(c) Financing debts for capital improvements.
(d) District costs relating to the supply of water.

13.02 Rate Changes. The fees and charges may be changed from time to time by resolution or ordinance of the Board of Directors.
13.03 No Free Services. No Facilities or services of the water system shall be furnished to any premises or to any owner or other person free of charge.
13.04 Where Bills Are Payable. All fees and charges shall be payable to the Volta Community Services District as indicated on the current billing statement or as otherwise determined by the Board.
13.05 Responsibility of Bill Payments. Property owners shall be ultimately responsible for payment of all fees and charges applicable to the premises owned. In the event that the property owner fails to receive any such bills, the failure shall not excuse the owner of any premises from the obligation of paying the fees and or/charges.
Payments made to the District via the complimentary payment drop box shall be the sole responsibility of the customer. The failure of the District to receive any such payments shall not excuse the customer from the obligation of paying the fees and or/charges. Payments only by check or money order will be accepted.
13.06 Changes in Ownership. In the event of changes in ownership of property, it shall be the duty of the seller or transferor to notify the District of said change and of the billing address of the new buyer or transferee. The District may request evidence of changes in ownership, such as a recordation of a deed.
13.07 Billing. Monthly fees will be paid every month which will include the fees and charges of one month. The bills for the fees and charges shall be delivered by the middle of one month and include the fees and charges for the previous month. In the case of closing bills when water services are to be discontinued, the bill will be due and payable on presentation.
13.08 Delinquencies. All regular bills not paid within 5-days of the due date will become delinquent.
13.09 Penalties. The district may charge a basic delinquent penalty of not more than fifteen percent (15%) of the bill for non-payment of charges. In addition, another penalty may be levied of one and one-half percent (1½ %) per month for non-payment of charges and the basic penalty.
13.10 Discontinuance of Water Service. Water services may be discontinued because of non-payment of bills and penalties, for non-compliance of the regulations of this Ordinance, for the presence of cross connections, or upon vacating the premises.
13.11 Disconnection for Non-Payment. The procedure for issuing late notices and initiating disconnection is as follows:

(a) Residents shall have a 5 (five) day grace period payments following the specified due date. If payment has not been received within that period, a late fee will be applied and a late notice and reminder to pay shall be issued, generally in the form of a note added to the current bill. Late fees applied to any bill generally shall be due the following month and are subject to the same penalties and consequences as regular payments. While partial payments will be accepted, late fees will be applied to unpaid balances, including previously unpaid late fees.
(b) Following two-months of delinquent payments, the resident shall be given a second notice to pay.
(c) A third and final notice shall be sent to the resident as well as the property owner, if different than resident. If full payment is not received, service may be discontinued until payments are paid in full. This notice shall be sent by the District a minimum of 5 (five) working days prior to the disconnection date specified in the notice. The failure of the resident and/or property owner to receive the notice shall not affect the District’s power to disconnect the water service.

13.12 Suit for Payments. All unpaid fees, charges and penalties may be collected by suit. Defendants shall pay for all costs of suit in any judgment rendered in favor of the District, together with a reasonable charge for the District’s expenses, including time and mileage costs, etc.
13.13 Reconnection Fee. A reconnection fee plus penalties and unpaid bills, if any, will be made and collected prior to the renewing of water service following a disconnection.
13.14 Upon Vacating Premises. Users desiring to discontinue water services shall notify the District a minimum of seven working days prior to vacating the premises. In absence of such District notification, no credit, adjustments, or refunds will be made to any user even though the water service was not utilized for a period of time.
13.15 Refunds. In the cases where property owners pay for water services in advance and they desire to sell the property, and have given a seven working day advance warning, a refund may be given.
13.16 Deposits for Re-establishment of Credit. In the event that a bill paying performance record of a property owner is poor, and the water service has been discontinued because of delinquencies, the District may require a deposit from the property owner to show evidence of attempting to establish good credit. The amount of the deposit may equal six months of regular water service bills. The deposit shall be paid to the District along with a reconnection fee and all delinquent bills.
 

Article 14 - Amendments to Water Ordinance
 

14.01 Amendments By Board Members. A new Water Ordinance may be adopted or this Water Ordinance may be repealed or amended at any regular meeting, or at any other special meeting of the members (constituting a quorum) called for that purpose by vote of the members entitled to exercise a majority of the voting power of the Board of Directors, or by written consent of such members.
The Board of Directors shall have the right to recommend to the members at Regular or Special Meetings any amendments to the Water Ordinance. In order that the member have ample opportunity to study the recommended changes to the Ordinance, the Board of Directors shall mail to each member copies of the recommended changes no later than five (5) days prior to such meetings.
14.02 Record of Amendments. Whenever an amendment or new Water Ordinance is adopted, it shall be copied into the Book of Ordinance Amendments with the original Water Ordinance, in the appropriate place. If any section of the Water Ordinance is repealed, the fact of repeal with the date of the meeting at which the repeal was enacted or written assent was filed shall be stated in said book.
 

This permanent ordinance was introduced and duly adopted by the Board of Directors of the Volta Community Services District, County of Merced in the State of California, held on the 7th day of August, 2008