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ORDINANCE NO. 2036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING AND ADDING
VARIOUS SECTIONS TO ARTICLE VII, DIVISION 3,
PART 5, CHAPTER 5 OF THE ARCADIA MUNICIPAL
CODE, ADDING PHASES VI, VII, VIII AND
ESTABLISHING A WATER BANKING PROGRAM AS PART
OF THE MANDATORY WATER CONSERVATION PLAN
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1. Section 7553.7.6 as it currently reads is hereby
renumbered to be 7553.7.9.
SECTION 2.
That Sections 7553.7.6, 7553.7.6.1, 7553.7.7,
7553.7.7.1, 7553.7.8, 7553.7.8.1 and Section 7553.9.2 are hereby
added to read as follows:
7553.7.6
PHASE VI.
PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of Section 7553.7.1.
7553.7.6.1. PHASE VI. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Water Division for any purpose in an amount in excess of seventy
percent (70%) of the amount used during the base period as defined
in this Ordinance.
7553.7.7
PHASE VII.
PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of Section 7553.7.1.
7553.7.7.1 PHASE VII. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Water Division for any purpose in an amount in excess of sixty
percent (60%) of the amount used during the base period as defined
in this Ordinance.
7553.7.8 PHASE VIII. PROHIBITED USES APPLICABLE TO ALL
CUSTOMERS. No use of water may be made contrary to the provisions
of section 7553.7.1.
7553.7.8.1 PHASE VIII. CUSTOMER PERCENTAGE CURTAILMENT. No
customer shall make, cause, use or permit the use of water from the
Water Division for any purpose in an amount in excess of fifty
percent (50%) of the amount used during the base period as defined
in this Ordinance.
7553.9.2 CREDITS TOWARD WATER UNITS USED IN EXCESS OF
ALLOTMENT (WATER BANKING PROGRAM). During Phases II through VIII
of the Mandatory Water Conservation Plan, a customer whose water
use is below the allotment for that billing period may carry
forward this underused amount of water as credit to a future
billing period ("banking"). This underused amount of water may
offset the use of water in excess of the allotment in a succeeding
billing period or periods when a penalty would have been charged
for overuse of water. When a customer has exhausted all credits,
penalties as outlined in Sections 7553.9.1, 7553.9.1.1 and
7553.9.1. 2 shall apply to water units used in excess of the
allotment.
Every time Phases II through VIII of the Mandatory Water
Conservation Plan are rescinded by Resolution of the City Council,
all credits in the bank will be returned to zero and will not be
carried over from one period of mandatory conservation to another.
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SECTION 3. That section 7553.9 is hereby amended by amending
sections 7553.9.1, 7553.9.1.1 and 7553.9.1.2 of the Arcadia
Municipal Code to read as follows:
7553.9.1 FAILURE TO COMPLY. FIRST VIOLATION. For the first
violation by any customer of the Water Division of any of the
provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5,
7553.7.6, 7553.7.7, and 7553.7.8, a surcharge penalty, in addition
to the current water rate, is hereby imposed in an amount equal to
two times the current water rate for those billing units used in
excess of base.
7553.9.1.2 FAILURE TO COMPLY. SECOND VIOLATION. For the
second violation by any customer of the Water Division of any of
the provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4,
7553.7.5, 7553.7.6, 7553.7.7, and 7553.7.8, a surcharge penalty, in
addition to the current water rate, is hereby imposed in an amount
equal to three times the current water rate for those billing units
used in excess of base.
7553.9.1.3
FAILURE TO COMPLY.
THIRD VIOLATION.
For the
third violation by any customer of the Water Division of any of the
provisions of subsections 7553.7.2, 7553.7.3, 7553.7.4, 7553.7.5,
7553.7.6, 7553.7.7, and 7553.7.8, a surcharge penalty, in addition
to the current water rate, is hereby imposed in an amount equal to
four times the current water rate for those billing units used in
excess of base.
SECTION 4. That the City Clerk shall certify to the adoption
of this Ordinance and shall cause a copy of same to be published in
the official newspaper of said City within fifteen (15) days upon
its adoption.
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Passed, approved and adopted this 4th day of April, 1995.
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Mayor e ty 0 rcadia
ATTEST:
Arcadia
APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, city Clerk of the City of Arcadia, hereby
certify that the foregoing Ordinance No. 2036 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the city Clerk at a regular meeting of
said Council held on the 4th day of April, 1995 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
Arcadia
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