Ord 0344-PRESCRIBE, REVISE, AND COLLECT FEES, TOLLS, RATES, RMALS AND OTHER CHARGES FOR SERVICES AND FACILITIES FURNISHED BY THE TOWN OF LOS GATOS IN CONNECTION WITH ITS SANITATION OR BEVERAGE SYSTEMSORDINANCE NO. 344
AN ORDINANCE OF THE TOWN OF LOS GATOS TO PRESCRIBE, REVISE, AND
COLLECT FEES, TOLLS, RATES, RMALS AND OTHER CHARGES FOR SERVICES
AND FACILITIES FURNISHED BY THE TOWN OF LOS GATOS IN CONNECTION
WITH ITS SANITATION OR BEVERAGE SYSTEMS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
Section 1. The revenues derived by the Town of Los
Gatos under the provisions of this Ordinance shall be used only
for the acquisition, construction, reconstruction, maintenance,
end operation of its sanitation and sewerage facilities, to pay
the County Sanitation District No. 4 of Santa Clara County,
California, its sewer service charges and sewer rental charges to
the Town of Los Gatos for use of its sanitary sewerage facilities,
to repay principal and interest on bonds issued for the construc-
tion or reconstruction of such sanitary or sewerage facilities, and
to repay f ederal or state loans or advances made to the Town of
Los Gatos for the construction or reconstruction of sanitary or
sewerage facilities; provided,. however, that such revenues shall
not be used for the acquisition or construction of new local street
sewers or laterals as distinguished from main trunk, interceptor,
and outfall sewers.
Section 2. SEWER RENTAL CHARGES
There is hereby levied and assessed upon each premises
having any sewer connection with the sewerage system of the Town
of Los Gatos a service charge or rental payable semiannually on the
first day of June and December of each year at the office of the
Town Tax Collector and in an amount provided as follows:
RESIDENTIAL
(a) For each single family dwelling $3.20,
(b) For each church #3.20,
(c) For each unit of a trailer court, duplex, flat,
apartment, multiple dwelling, court, lodging house, boarding house,
or hotel $3.20.
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For the purpose of this Ordinance the term "Unit" is
herein defined as follows:
Each available trailer space of a trailer court,
whether occupied or not, is one "Unit".
A duplex, whether occupied or not, shall constitute
two "Units".
Each separate apartment in an apartment house,
whether occupied or not, shall constitute one "unit".
Each housing accommodation designed for occupancy
by a single person or one family irrespective of the number actually
occupying said accommodation and whether occupied or not in a "court"
or a "flat" shall constitute one "Unit".
Each room of a lodging house, boarding house,
or other multiple dwelling designed for sleeping accommoda-
tions for one or more individuals, whether occupied or not,
constitute one "Unit".
CON.~~CIAL
For each laundry, hospital, rest home, and college
For each unit of an office or commercial building
where such unit is provided with sanitary facilities including wash
basin and sink and for each club, lodge, fraternity or sorority
house, restaurant, restaurant and bar, ice cream parlor,
and for each other commerical establishment $6.40.
The owners of the establishments set forth in sub-
paragraph (a) above may avail themselves of a service charge to be
determined by the Tax Collector in accordance with the average use
of water by such establishment during the months of October, November,
December, January, February, March, April, and May as follows:
The owners of said establishments will present evidence
to the Tax Collector of the total consumption'of water on said
premises for said eight months period and the Tax Collector will
divide said total by 8 to determine the basic average consumption
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of water of said establishment and upon the same being determined,
the service charge will bebased thereon as follows:
First 500 cubic feet 03.20,
All over 500 cubic feet $.40 for each 100 cubic feet
or fraction thereof.
INDUSTRIAL
(a) For each industry, commercial packing plant,
creamery manufacturer, or similar establishment $160.00.
The owners of the establishments set forth in sub-
paragraph (a) above may avail themselves of a service charge to be
determined by the Tax Collector in accordance with the average use
of water by such establishment during the months of October, November,
December, January, February, March, April, and May as follows:.
The owners of said establishments will present evidence
to the Tax Collector of the total consumption of hater on said
premises for said eight months period and the Tax Collector will
divide said total by 8 to determine the basic average consumption
of water of said establishment and upon the same being determined,
the service charge will be based thereon as follows:
First 50,000 cubic feet $120.00,
All over 50,000 cubic feet $1.20 per 1,000 cubic feet
or fraction thereof.
SCHOOLS
(a) For elementary schools, a semiannual charge based
upon the average daily attendance during the school year of $0.06
per average daily attendance.
(b) For high schools a semiannual charge based upon
the average daily attendance during the school year, including night
and adult classes of $0.12 per average daily attendance.
PREMISES OUTSIDE TERRITORIAL BOUN'DARIE5 OF THE TOWN OF
LOS GAS` OS
(a) For each single family dwelling outside the Town
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of Los Gatos there is hereby levied and assessed upon each such
premises having a sewer connection with the sewerage system of
the Town of Los Gatos or which is discharging sewage which ultimately
passes through the sewerage system of the Town of Los Gatos a semi-
annual charge in the amount of $9.60;
(b) For each premises other than a single family
dwelling outside of the Town of Los Gatos the service charge shall
be determined by the Town Council--by Resolution at the time applica-
tion is made for sewer service by the owner of said premises;
(c) Application for a sewer connection for premises
owt ide of the Town of Los Gatos which is to be connected with the
sewerage system of the Town of Los Gatos or which is to discharge
sewage which ultimately passes through the sewerage system of the
Town of Los Gatos shall be made directly to the Board of Directors
of County Sanitation District No. 4 of Santa Clara County, and a
copy of the application shall be presented to the Town Council of
the Town of Los Gatos. The connection and inspection fees and
service and rental charges shall be determined by the Town Council
of the Town of Los Gatos and shall be payable directly to the Town
of Los Gatos by the applicant. The Town Council of the Town of
Los,Gatos reserves the right to determine whether or not the
application will be accepted or rejected.
Section 3. WHEN CHARGES DUE
All accounts are due and payable by the owners of the
premises at the office of the Town Tax Collector semiannually as
follows:
(a) Due June 1, delinquent July 1;
(b) Due December 1, delinquent January 1.
For new connections the service charge for six (6) months or portion
thereof shall be prorated and shall be paid at the time application
for sewer connection permit is made.
Section 4. PENALTIES FOR FAILURE TO PAY CHARGES WHEN DUE
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For failure to pay the service charge or renta3.charge
when due, the Tax Collector shall add a penalty of fifty (50%) per
cent of said charge on the delinquent date after the due date
thereof.
Section 5. CHARGES A DEBT
The amount of service charge or rental charge, interest,
and penalties imposed by the provisions of this Ordinance shall _
be deemed a debt to.the Town of Los Gatos. Any person failing or
refusing to pay said service charge or rental charge within thirty
(30) days after the'same has become delinquent shall be liable to
an, action brought in the name of said Town of Los Gatos in any Court
of competent jurisdiction for the amount of said charge, interest,
and penalties imposed by the provisions of this Ordinance.
Section 6. AUTHORITY TO DISCONNECT
In the event of a failure to pay the charge as provided
herein for sewerage service, the 'S'own Magineer is authorized to.
disconnect the sewerage. When service has been disconnected, as
herein provided, the. Town Council may require a person or persons
requesting that such service,be re-established to furnish a bond
in the sum of Five Hundred ($500.00) Dollars payable to the Town
of Los Gatos and conditioned upon compliance with the provisions
of this Ordinance before granting permission to make such connection.
The person or persons making application for such re-establishment
of service shall pay all expenses incurred or to be incurred by the
Town of Los Gatos in causing such disconnection and reconnection
before such permission may be granted.
Section 7. The Town Tax Collector shall cause to be mailed
to owners of premises having any sewer connection with the sewerage
system of the Town of Los Gatos or premises discharging sewage which
ultimately passes through the sewerage system of the Town, a state-
ment of the charge levied and assessed upon each such premises.
Said notice shall be mailed to each of said owners at his address
as the same appears on the last assessment roll of the Town of Los
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Said notice shall be mailed on or before the first day of
June and the first day of December of each semiannual period except
for the notices for the sewer service charge or rental charge due
June 1, 1952, and delinquent July 1, 1952; and said notices for said
period shall be mailed immediately upon this Ordinance taking effect,
Any failure to mail notices as.aforesaid
or failure of the owners of said premises to receive said notices
shall not invalidate the service charge or rental charge levied
and assessed upon each such premises nor invalidate any proceedings
to enforce this. Ordinance.
Section B. DISPOSITION OF FUNDS
The funds received from the collection of service charges
or rental charges authorized by this Ordinance shall be deposited
with the treasurer of the Town of Los Gatos, and shall be accounted
for and be known as the Sewer Connection and Rental Fund.
Section 9. The conviction and fining or imprisonment of
any person for a violation of this Ordinance shall not relieve such
person from paying the charges, penalties, and interest provided
for herein nor shall the payment thereof prevent a criminal prosecu-
tion for the violation of any of the provisions of this Ordinance.
All remedies prescribed hereunder shall be cumulative and the use
of one or more remedies by the Town of Los Gatos shall not bar the
use of any other remedy for the purpose of enforcing the provisions
Section 10. ADDITIONAL RULES AND REGULATIONS
Any and all additional rules and regulations pertaining
to connections, rates, rentals and other charges for services and
facilities furnished by the Town of Los Gatos in connection with
its sanitation or sewerage system and the administration of the
same may be adopted by Resolution passed by a four-fifths vote of
the Town Council.
Section 11. SEVERABILITY
If any section, sub-section, sentence, clause, or phrase
of this Ordinance is for any reason held by .a Court of competent
Jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance. The Town
Council hereby declares that it would have passed this.Ordinance
and each section, sub-section, sentence, clause, and phrase hereof,
irrespective of the fact that any one or more sections, sub-sections,
sentences, clauses, or phrases be declared invalid.
If any provision of this Ordinance or the application
thereof to any person or circumstances is held invalid, such invalid-
ity shall not affect other provisions or. applications of the Ordin-
an.Ge- which can be given effect without the invalid provision or
application., and to this end the provisions of this Ordinance are
declared to be severable.
Section 12. Any person violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor and on convic-
tion thereof, shall be fined the sum not to exceed Five Hundred and
no/100 ($500.00) Dollars or imprisonment in the County Jail not to
exceed six (6) month or by both such fine and imprisonment.
Section 13. This Ordinance shall be published.once in the
LOS GATOS DAILY TMES, a newspaper published in the Town of Los Gatos.
The above and foregoing Ordinance was duly and regularly
INTRODUCED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 5th day of May, 1952, and was thereafter at
a continued regular meeting of the Town Council of the Town of Los
Gatos held on the 12th day of May, 1952, duly and regularly ADOPTED
by the following vote:
.AYES: COUNCILMEN
NOES: COUNCITMEN
ABSENT: COUNCILMEN
F,
=014 OF T TO OF L09 G TO
TOWN CL M OF THE TOWN OF LOS GATOS
ATTEST:
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