SECTION 3: Amendment. Title 13, Chapter 13.04, Section 13.04.060 of the MMC, entitled “Monthly Rates,” is hereby repealed and replaced with:
§ 13.04.060 Monthly rates.
A. Customers of the city's waterworks shall pay monthly charges calculated as the sum of the fixed monthly charge plus the water use charge.
1. Fixed monthly charge per meter size:
Meter Size
Jan. 1, 2009 through Dec.31, 2009
Jan. 1, 2010 through Dec.31, 2010
Jan. 1, 2011 through Dec.31, 2011
Jan. 1, 2012 through Dec.31, 2012
Jan. 1, 2013 and thereafter
5/8″ & 3/4″
$19.95
$18.50
$17.15
$17.15
$17.15
1″
$30.80
$28.60
$26.50
$26.50
$26.50
1-1/2″
$57.65
$53.55
$49.65
$49.65
$49.65
2″
$90.00
$83.60
$77.55
$77.55
$77.55
3″
$165.60
$153.85
$142.70
$142.70
$142.70
4″
$273.50
$254.10
$235.80
$235.80
$235.80
6″
$543.05
$504.60
$468.20
$468.20
$468.20
8″
$866.70
$805.30
$747.25
$747.25
$747.25
2. Water use charge per one hundred cubic feet (HFC) used:
Rate Type*
Jan. 1, 2009 through Dec.31,2009
Jan. 1, 2010 through Dec.31,2010
Jan. 1, 2011 through Dec.31,2011
Jan. 1, 2012 through Dec.31,2012
Jan. 1, 2013 and thereafter
Block 1
$1.03
$1.03
$1.03
$1.03
$1.03
Block 2
$1.35
$1.35
$1.35
$1.35
$1.35
Block 3
$2.72
$2.72
$2.72
$2.72
$2.72
* The applicable rate is determined by the amount of water usage. In any given month, if a customer uses an amount of water that is below the applicable Block 1 limit, then the customer will pay based on the Block 1 rate. In contrast, if the customer uses an amount of water that is above the applicable Block 1 limit, then the customer will pay as follows: (a) Block 1 rate for each HCF up to the Block 1 limit, (b) Block 2 rate for each HCF above the Block 1 limit but below the Block 2 Limit, and (c) Block 3 rate for each HCF used above the Block 2 Limit.
Block 1 and Block 2 limits in HCF for the various meter sizes are as follows:
Meter Size
Block 1 Limit (HCF)
Block 2 Limit (HCF)
5/8″ & 3/4″
20 300
1″
30 300
1-1/2″
60 300
2″
90 300
3″
180
300
4″
280
300
6″
340
*
8″
520
*
* For 6″ and 8″ meters, usage above the Block 1 limit will trigger the Block 3 water user charge.
B. Single Meter-Multiunit Discount. Notwithstanding any other provision of this code, all multiresidential water customers that have more than ten units and are served by one water meter shall receive a monthly discount of one dollar and four cents per non-vacant unit for each unit over ten units.
C. Areas with No Water Meter. In those areas where no water meter is required pursuant to Section B of Section 13.04.010, the city's director of public works shall estimate the monthly water usage based on the rates set forth above.
13.04.060 Charges established.
The City Council shall set the monthly rates for water service charges by ordinance or resolution. The failure to pay any charge shall constitute a violation of this chapter.
SECTION 4: Amendment. Title 13, Chapter 13.04, Section 13.04.080 of the MMC, entitled “Disconnection – Service reestablishment,” is hereby repealed and replaced with:
13.04.080 Disconnection—Service reestablishment.
Any consumer whose service has been disconnected for failure to pay bills as provided in this chapter, may be required, before service is resumed, to reestablish his or her credit as provided in the preceding section.
13.04.080 Written policy regarding service disconnection.
A. The City shall have a written policy on discontinuation of residential water service due to nonpayment of water charges. The written policy shall be available in English, the languages listed in Civil Code section 1632, and any other language spoken by at least 10 percent of Manteca residents. The written policy shall be posted on the City’s website. The written policy must include the following requirements:
1. A plan for deferred or reduced payments.
2. Alternative payment schedules.
3. A formal mechanism for a customer to contest or appeal a bill.
4. A telephone number for a customer to contact to discuss options for averting the discontinuation of residential service for nonpayment.
B. Such written policy shall be adopted by City Council resolution and shall comply with the requirements specified by the Water Shutoff Protection Act (Health and Safety Code section 116900 et seq.).
SECTION 5: Amendment. Title 13, Chapter 13.04, Section 13.04.090 of the MMC, entitled “Service disconnection,” is hereby repealed and replaced with:
13.04.090 Service disconnection.
Water bills are due and payable within thirty days from the mailing of the bill. Water service may be shut off for nonpayment; provided, that the delinquent customer is first notified of the intended shut off and given an opportunity for a hearing on the matter. Once shut off, service will not be restored until the delinquent bills are paid.
13.04.090 Service disconnection.
The City may discontinue residential water service due to nonpayment of water charges pursuant to its written policy adopted by City Council resolution; provided, however, that the written policy abides by the requirements specified in the Water Shutoff Protection Act (Health and Safety Code section 116900 et seq.) SECTION 6: Amendment. Title 13, Chapter 13.04, Section 13.04.110 of the MMC, entitled “Fraud – Refusal of service,” is hereby repealed and replaced with:
13.04.110 Fraud—Refusal of service.
The city shall have the right to refuse to serve water to any person or premises at any time or to discontinue service if found necessary to do so in order to protect itself against fraud or abuse.
13.04.110 Fraud – Refusal of service.
The city shall have the right to refuse to serve water to any person or premises at any time or to discontinue service, after following the requirements set forth in its policy for discontinuation of water service, if found necessary to do so in order to protect itself against fraud or abuse.
SECTION 7: Amendment. Title 13, Chapter 13.04, Section 13.04.150 of the MMC, entitled “Temporary service – Fee,” is hereby repealed and replaced with:
13.04.150 Temporary service—Fee.
A. Temporary service, as considered in this chapter, refers to service to circuses, bazaars, fairs, temporary restaurants, construction works, etc., of a temporary nature.
B. The city will, if in its opinion the furnishing of such service will not create a hardship upon it or its consumers, furnish temporary services under the following conditions: The applicant for such temporary services shall be required to pay to the city, in advance or otherwise, as the city may elect, the net cost of installing and removing any facilities necessary in connection with furnishing of such service by the city.
C. Potable water use for construction purposes is prohibited, except on projects of less than twenty acres in total project acreage and physically located further than one mile from the water quality control facility's (WQCF) recycled water fill station. Projects in excess of twenty acres or closer than one mile to the WQCF's recycled water fill station may use city supplied recycled water. In order to receive recycled water, the water truck operator must obtain a certification card from the public works department for recycled water handling by attending a mandatory workshop on recycled water.
D. Persons authorized to use potable water for construction purposes shall obtain a water permit from the city and shall obtain a water meter and backflow prevention assembly from the city. All potable water used for construction purposes shall be metered by said city-provided assembly. The charges associated with potable water consumption and the use of the water meter/backflow prevention assembly are as follows:
Meter Size
Deposit*
Sept 1, 2018 and thereafter
Monthly Rental Charge
Sept 1, 2018 and thereafter
Water Consumption Charge per Hundred Cubic Feet Used
Sept 1, 2018 and thereafter
1″
$1,500
$26.50
$3.76
3″
$5,000
$142.70
$3.76
* The deposit shall be refunded to the applicant upon return of the water meter/backflow prevention assembly provided it is returned in the same condition as furnished.
E. The monthly rental charge and water consumption charges shall be adjusted beginning January 1, 2019 based on the change of the Twenty-City U.S. Average Engineering New Record Official July Construction Costs Index.
13.04.150 Temporary service – Fee.
A. Temporary service, as considered in this chapter, refers to service to circuses, bazaars, fairs, temporary restaurants, construction works, etc., of a temporary nature.
B. The city will, if in its opinion the furnishing of such service will not create a hardship upon it or its consumers, furnish temporary services under the following conditions: The applicant for such temporary services shall be required to pay to the city, in advance or otherwise, as the city may elect, the net cost of installing and removing any facilities necessary in connection with furnishing of such service by the city.
C. Potable water use for construction purposes is prohibited, except on projects of less than twenty acres in total project acreage and physically located further than one mile from the water quality control facility's (WQCF) recycled water fill station. Projects in excess of twenty acres or closer than one mile to the WQCF's recycled water fill station may use city supplied recycled water. In order to receive recycled water, the water truck operator must obtain a certification card from the public works department for recycled water handling by attending a mandatory workshop on recycled water.
D. Persons authorized to use potable water for construction purposes shall obtain a water permit from the city and shall obtain a water meter and backflow prevention assembly from the city. All potable water used for construction purposes shall be metered by said city-provided assembly. The charges associated with potable water consumption and the use of the water meter/backflow prevention assembly shall be established by the City Council by resolution.
SECTION 8: Amendment. Title 13, Chapter 13.04, Section 13.04.230 of the MMC, entitled “Refund of Water Rates,” is hereby added as follows:
§ 13.04.230 Refund of Water Rates.
A. Whenever the amount of any water rate has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city, it may be refunded as provided in this section.
B. The claimant or their guardian, conservator, executor, or administrator must submit a written application to the city’s finance director within one year of the alleged overpayment or erroneous or illegal collection. The application must clearly establish claimant’s right to the refund by written records.
C. Upon receipt of the claim, the city’s finance director will evaluate the request and provide a written evaluation of their analysis, including any refund due, within sixty days.
D. Any claimant aggrieved by the finance director’s decision with respect to its refund request may appeal to the city manager by filing a notice of appeal with the city clerk within 15 days of the finance director’s decision. The city manager will render a written decision within sixty days of the claimant’s filing of the appeal. The findings of the city manager shall be final, and any amount due shall be immediately due and payable upon the service of notice of the city manager’s decision.
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