HomeMy WebLinkAboutOrdinances_0983_CCv0001.pdf ORDINANCE NO.
AN ORDINANCE OF THE CITY OF REDLANDS, CALIFORNIA, ON THE
ACQUISITION OF "WATER STOCKS AND RIGHTS BY SAID CITY WITH
PARTICULAR REGARD TO NEW DWELLINGS AND SUBDIVISIONS.
The City Council of the City of Redlands , does ordain as
f o 11 0�"s :
Section Gne : That in order to provide an adequate water supply
for new dwellings and subdivisions within this City and approved
developments outside this City, and to conserve the supply of water
for an expanding population, this City hereby adopts this ordinance,
whereby owners and subdividers before approval and/or securing
water service shall first convey to this City by deed and assignment,
all ofthe water rights previously used on said land to be improved,
and upon failure to deliver water stocks, or well or water rights
in the amounts hereinafter set forth, must pay certain charges to
be placed in a separate municipal fund for water development , to
be used by this City to obtain dater stock and water rights and
for water develoument.
Section Two : That within this City, all property owners, sub-
dividers and developers as hereinafter classified, must first deed
and assign to this City any and all water rights, which have been
used on said land, and shall transfer to this City all water stocks
used in connection therewith, and in lieu of being able to deliver
the required amount of water stock in a company, whose services
are available to this City, or an equivalent interest in an active
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and producing well, or otherwater rights, must pay certain charges
to this City as follows :
(A) LOT SPLITS AND SUBDIVISIONS. Before an,-,I lot split or sub-
division for residences is given final approval, the ownor or
subdivider shall deliver to the City of Redlands Water Depart dent,
free and clear with all assessments paid to date of delivery,
days of water per month per acre to be divided. In lot splits
of less than one (1) acre, the divider shall deliver said water
stock or equivalent water interest at the rate of two and one-
half ( 2 1/2) miners ' inch days of water per lot per month. In
the case of a fraction of a share, the full share shall be de-
livered to the said City. If there has not been any water stock
or other water rights and interest, previously used on the parcel
to be split or divided, to produce the required number of miners '
inches, and no such water rights are delivered to the City, the
owner or subdivider shall pay to the City Water Department the
sum of Seventy Dollars (X70-00) per lot, with a minimum charge
of Two Hundred Eighty Dollars ($280.00) per acre , so that this
City may purchase water stock or rights needed to supply addition-
al water.
(B) MULTIPLE UiV'ELLlN1-1'�J.
gnat'ed as nl. ,,`L sand located on streats in 1-reasalready
b,ullt up-and for multiple unit the City limits,
prior to receiving a water connection, the owner shall deliver
to the City of Redlands Water Department water stock, or an
equivalent interest in and to other water ri,,xhts, free and clear
of lien or assessment , to insure delivery of oneand one-half
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(1 1/2) miners ' inch days of water per unit per month N It there
has not been any water stock, or other water rights and interest,
previously used on said lot , to produce the required miners '
inches , and no such water rights are delivered to the City, the
owner shall pay to the City Water Department the sum of Fifteen
Dollars ($15-00) per unit, but in no event a sum of less than
Thirty Dollars ($30-00) per lot.
(C) SINGLE FAMILY DWELLINGS. On scattered single lots
previously designated as such and located on streets in areas
Gitp of,Redlands Mater Department water stock, or an equivalent
interest in and to other water rights, free and clear of lien
or assessment, to insure delivery of two (2) minerst inches days
of water per lot per month, but in no event less than one (1)
share of such water stock, and if no such water stocks or water
rights are available, and no such water rights are delivered to
the City, the owner shall pay to the City Fater Department the
sum of Twenty-Five Dollars ($25.00) per lot. In cases pertain-
ing to multiple dwellings on such scattered lots the owner shall
deliver such water stock, or equivalent water rights, .free and
clear of liens or assessments, sufficient to insure delivery of
one (1) miners' inch days of water per unit per month, but in
no event less than one (1) share, or if unable to do so shall
pay to the City Water Department Twelve Dollars and Fifty Cents
($12. 50) per unit, but in no event less than Twenty-Five Dollars
($25.00) .
Section Three : INDUSTRY. In application -of-new commercial
or industrial development for water service, either within or
outside the limits of said City, the Water Board, composed of
the City Manager, the Superintendent of the City dater Depart-
ment and the City Engineer, shall estimate and determine the
amount of water to be needed by such new business or industry,
and the developer shall deliver water stock to said City, free
and clear of liens and assessments and available for city use,
or equivalent water rights and interest, sufficient to provide
delivery of water to the amount as determined by said Board,
before receiving a commitment for city water service and prior
to obtaining a city water connection.
Section Four: That inasmuch as all property within the
City limits has been assessed a certain amount of taxes for the
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subdividers of such outlying property, approved by said City for
water services, and desirous of such water, must first deed and
assign to this City any and all water rights, which have been used
on said land, and shall transfer to this City all water stocks used
in connection therewith, inorder to insure an adequate supply of
water for the development of such property without depleting the
water rights of said City, and upon failure to deliver the requir-
ed amount of water stock in a company, whose services are available
to this City, or an equivalent interest in an active and producing
well, or other water rights , as hereinafter set forth, must pay
certain charges to this City as follows : Before any approved out-
lying lot or subdivision is connected to the water system of the
City of Redlands, the owner or subdivider shall deliver to the
said City free and clear with all assessments paid to date of
delivery water stock of a company available for city use, or an
equivalent interest in an active and producing well, or other
water rights , sufficient to insure four (4) miners ' day inches of
water per house per month or sixteen (16) miners ' inch days per
acre per month. If there has not been any water stock, or other
water rights and interest used on said lot or parcel to produce
the required miners' inches , and no such water rights are delivered
to the City, the owner or subdivider shall pay to the City Water
Department the sum of One Hundred and Fifty Dollars ($150.00)
per lot , with a minimum of Six Hundred Dollars ($6000.00) per acre,
prior to receiving a connection to the water system of said City.
Section Five. And the said City of Redlands reserves the right
to all water developed by said subdividers, owners, developers
and other persons, described and classified in the foregoing
sections of this ordinance, Sections Two to Four, inclusive,
and their successors or assigns, in and to artesian or surface
wells, or otherwise, together with the right to develop water
in any area served by the City of Redlands, either for domestic
or irrigation water, together with a perpetual right to enter
and remove said excess water from said land and to convey same
therefrom for sale or use on other property or lands.
Section Six. There is hereby created by ttlis ordinance
a WATER DEVELOPMENT FUND, and that all funds collected pursuant
to this ordinance shall be placed therein, and which fund is to
be used exclusively for the purchase of water stock, water rights,
and water development, and shall be used soley for the water
department of the City of Redlands and 311,,11 not accrue in any
manner to the general funds of the City of redlands.
Section Seven. Any person, firm or corporation violating
any of the provisions of this Ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punishable by
a fine not exceeding Five Hundred Dollars ($500.00) or by imprison-
ment for a term not exceeding six (b) months, or by both such
fine and imprisonment.
Section Eight . if any section, sub-section, sentence,
clause or phrase of this ordinance is, for any reason held to be
unconstitutional, ille -al or unlawful, such decision shall not
affect the validity of the remainin>, portion of the ordinance.
The City C6uncil hereby declares that it would have adapted this
ordinance irrespective of the fact that any one or more section,
sub-section, sentence, clause or phrase be declared unconstitution-
al, illegal or void.
Section Nine. This Ordinance shall be in farce and take
el"fect as provided by law.
Section Ten. The City Clerk shall certify to the passage
of this Ordinance and shall casue the same to be published once in
the Redlands Daily Facts, a daily newspaper hereby designated for