2005-202RESOLUTION N0.2005- 202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR
THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY
RESOLUTION N0.72-600 AND MOST RECENTLY AMENDED BY
RESOLUTION N0.2005-127.
WHEREAS, the City of Anaheim (Anaheim) maintains a water transmission and distribution
system for the distribution of water to residents and inhabitants of Anaheim and has adopted Water Rates,
Rules, and Regulations for the sale and distribution of water; and
WHEREAS, the Anaheim Municipal Code authorized the City Council to approve reasonable
Water Rates, Rules, and Regulations governing water services and foes for providing water services; and
WHEREAS, Anaheim established Rule 15.D. of the Water Rates, Rules, and Regulations to have
the costs of all water facilities serving new development in the Stadium Business Center (Platinum
Triangle) Area to be paid by the owners or developers benefiting from such facilities; and
WI~REAS, the proposed revisions to Rule IS.D. of the Water Rates, Rules, and Regulations is
consistent with Anaheim's original intent to have all owners in the Platinum Triangle Area pay their
proportionate share of costs of all water facilities serving the Platinum Triangle Area; and
WHEREAS, the Public Utilities Board considered and recommended the proposal of the Public
Utilities Department to revise Rule 15.D. of the Water Rates, Rules, and Regulations; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of
Anaheim recommended to the City Council that the Council adopt the findings of the Public Utilities
Board with respect to the matters contained herein and adopt the changes to the Water Rates, Rules, and
Regulations as shown in Appendix A; and
WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of
Anaheim recommended to the City Council that the Council, by Motion, certify that the adoption of the
Water Rates, Rules, and Regulations is statutorily exempt under the California Environmental Quality
Act, Public Resource Code, Section 21080(b) (8), in accordance with Title 14 of the California
Administrative Code, Section 15273(x); and
WHEREAS, the City Council has considered the evidence and concurs with the findings asset
forth herein above.
NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Anaheim as
follows:
1. The findings set forth herein are hereby adopted by the City Council of the City of Anaheim.
2. The changes and additions to the Water Rates, Rules, and Regulations asset forth in
Appendix A shall be, and are hereby adopted and shall be effective November 1, 2005.
3. The fees established and/or amended herein shall, upon effectiveness, supersede any
previously adopted fees for the same water services.
4. That the Public Utilities General Manager is authorized and directed to prepare, promulgate,
publish, and take any and all actions necessary to implement the revisions to Rule 15.D. of
the Water Rates, Rules, and Regulations as set forth herein.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this ,~ day of October ~, 2005. ,,~
MAYOR OF THE
ATTEST:
,•
Y CLE OFT CITY OF ANAHEIM
59430
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0, 15
A. DISTRIBUTION SYSTEM
MAIN EXTENSIONS
Page No. 3.15.1
The cost of all water distribution mains installed or extended in the water system shall be paid for by the owner or
developer of the properties served by these mains according to the following policies:
2.
3.
Water mains installed ar extended on dedicated streets and serving property within the City limits as they
existed on May 20,1924, at the time of election on waterworks band issue, shall be laid at the expense of
the Utility.
The total cost of water mains installed ar extended in the Helen and Lynch Industrial Tract and
Commercial Street Annexations shall be home by the owners of property abutting such mains since said
annexations did not participate in the waterworks bond payments.
Cost of installing or extending water mains on dedicated streets and serving property within the following
annexations shall be borne as shown below, based on the degree of participation in the waterworks bond
payments.
Annexations % of Cost to Property
Owners % of Cost to City
# 7 Kirven Annexation 81.5% 18.5%
# 8 East Anaheim Extension 85.2% 14.8%
# 9 South Palm Street Annexation 85.2% 14.8%
# 10 Manchester Avenue Annexation 92.6% 7.4%
# 11 South Spadra Annexations 92.6% 7.4%
# 12 Kennedy Annexation 92.6% 7.4%
# 13 West LaPahna Annexation 96.3% 3.7%
#14 Manchester Avenue Annexation #2 96.3% 3.7%
#15 South Palm Annexation #2 96.3% 3.7%
(Continued)
ISSUED BY:
Gordon W. Hoyt
General Manager
Effective: 06-26-73 by Resolution No.: 73R-255 Dated: 06-26-73
Superseding Resolution No.: 72R-600 Dated: 12-19-72
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
A. DISTRIBUTION SYSTEM (Continued)
4. Primary Distribution Mains
Page No. 3.15.2
a. Primary Distribution Mains which supply water to all areas of the system shall be paid for by
acreage fees assessed on all properties in the system except those properties excluded in or
partially excluded in (1), (2) or (3} above. Normally, primary mains will be greater than 6-
inches, but less than l8-inches in diameter. The fees due will be based upon gross acreage
served by domestic water service and/or fire protection, and will be due prior to (1) rendering of
water service or (2) signature approval of the final water improvement plans by the Water
Engineering Manager, whichever occurs first. This does not apply to application for temporary
service. The water main extension fee shall be as shown in the Fee Schedule maintained in the
office of the Water Engineering Manager and shall be subject to change as approved by the
Anaheim Public Utilities General Manager.
The above fee will be calculated to the nearest one hundredth (.01) acre, however the minimum
fee shall be $100.00
Public-owned facilities such as freeways, flood control channels, and water spreading basins
may not be required to pay the water main extension fee if water service for these properties is
not required. If a portion of these facilities require water service, the water main extension fee
shall be paid on that portion requiring service. Where a public agency is undertaking a project
that provides benefits to the City and requires limited water service, the Public Utilities General
Manager, or his designee, may adjust the water main extension fee based on the specific needs
of the project, the benefits to the City, and the costs incurred by the City to provide water service
to the project. Any adjustments to the fees shall be identified in a written agreement between the
City and the agency.
b. When a Primary Distribution Main must be extended to a new subdivision or development, the
Utility will determine the appropriate size of water main needed, and the developer will pay for
the extension pursuant to the terms and conditions contained in paragraph A.4.c. of this Rule 15.
If the developer's cost for installation of the Primary Main is less than the water main extension
fee that is due on his property, then he shall also pay the difference between his installation cost
and the main extension fee. If the developer's costs exceed the water main extension fee that he
is obligated to pay, the City and developer may enter into a reimbursement agreement to refund
the developer the difference between the two costs. The developer shall be reimbursed, without
interest, as acreage fees are collected from others paying water main extension fees throughout
the City. The reimbursement agreement shall be in effect for a period of ten (10) years. In no
case shall the reimbursement exceed the developer's cost of the extension.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghj ayan Superseding Resolution No.: 95R-114 Dated: Ob-20-95
General Manager
CITY OF ANAHEIM!
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
A. DISTRIBUTION SYSTEM (Continued)
4. Primary Distribution Mains
Page Na. 3.15.2.1
c. Nornial practice of the Utility is to require the developer to extend all Primary Distribution
Mains; however, the City may elect to perform the design and/or installation. When Primary
Distribution Main installations are required, the applicant for water service will pay the entire
cost for design and consttuction of the mains himself; and to the extent that the water main
extension fee is for his development, will not be eligible for reimbursement. When the design
and construction is performed by the developer, the Utility reserves the right to approve the
engineering firm selected by the applicant and the right to check and approve design plans and to
inspect and accept the construction before water main activation. The applicant will be required
to install mains pursuant to competitive bidding procedures initiated by him, and limited to
contractors who possess a current California Contractor's License permitting them to do this type
of construction work
The cost, including the cost of plan check, inspection and supervision by the Utility, shall be
paid directly by the applicant. The applicant shall provide the Utility with a statement of actual
construction cost in reasonable detail. The installation shall be in accordance with the plans and
specifications prepared and/or approved by the Utility.
For purposes of making any reimbursement to applicant or crediting applican# with payment of
water fees, the cost of the main extension made by applicant shall be deemed to be the lesser of
(1) the actual cost or (2) the Utility's per foot cost times the total length of main installed.
d. Primary Distribution Mains shall be those mains designated on Document W-2574 on file in the
office of the Water Utility. This document shall be revised as necessary to reflect additions
andlor corrections to those mains identified as Primary Distribution Mains.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: OG-22-99
Edward K. Agh~ayan Superseding Resolution No.: 89R-361 Dated: 08-22-89
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
A. DISTRIBUTION SYSTEM (Continued)
5. Secondary Distribution System
Page No. 3.15.2.2
The Secondary Distribution System will be paid for and installed by the owners or developers of the
property that the system serves. The Secondary Distribution System shall be subject to all the terms and
conditions contained in the Water Utility's Rates, Rules and Regulations. The Secondary Distribution
System shall be designed and constructed in strict conformance with the Water Engineering Division's
STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF DOMESTIC WATER SYSTEMS,
latest revision, and shall be subject to inspection by the Water Utility's designated representative, during
construction.
a. Prior to signature approval of the Secondary Distribution System plans by the Water
Engineering Manager, the owner shall submit to the City an irrevocable offer for rights-of--way
dedication as may be deemed necessary by the Water Utility for operation and maintenance of
the Secondary Distribution System, together with a current title report showing the legal owners
of the property offering the dedica#ion to the City.
b. Where a Secondary Distribution System must be extended to a subdivision or other
development, the system shall be installed and paid for by the developer of the property to which
the system is extended. The extension shall continue across the entire property fronting on a
public or private street or Public Utility easement. If the extended system can later serve
additional property and the developer desires to receive reimbursement for the proportionate cost
of the extended system serving others, the developer must enter into a reimbursement agreement
with the City. The developer shall provide the Utility with an itemized statement of the actual
cost of installation in sufficient detail to allow the Utility to derive the proportionate costs. The
Utility will attempt to collect the proportionate cost of the system serving the additional
property, if and when such property is developed. Reimbursement of proportionate costs will be
made to developer, without interest, as they are collected. The reimbursement agreement shall
be in effect for a period of twenty (20) years or until the proportionate cost for all additional
property served has been collected and refunded to the developer, whichever occurs first.
(Continued)
ISSUED BY: Effective: 09-27-88 by Resolution No.: 88R-368 Dated: 09-27-88
Gordon W. Hoyt Superseding Resolution No.: 86R-350 Dated: 08-01-86
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
A. DISTRIBUTION SYSTEM {Continued)
Page No. 3.15.2.3
c. The Utility may extend portions of the Secondary Distribution System prior to development at
its cost provided these extensions are considered to be in the best interests of the Utility. The
costs for any such extensions shall be reimbursed to the Utility by the owners or developers of
the property served by these extensions when these properties are developed, or application for
water service is made.
d. Where half streets are developed, the developer of the half street shall be required to pay for and
install any portion of the Secondary Distribution System that is required by the Utility. The
proportionate share of the main's cost shall be collected by the Utility from the owner or
developer of the remaining side of the half street when it is developed. This fee shall be
reimbursed to the original developer.
6. Main Enlargements
When the Utility's existing distribution system will not meet the water demands of a customer or
developer, the customer or developer shall be required to pay all costs associated with main enlargements
and related system improvements necessary to meet water demands, including required fire-flows as
established by the City of Anaheim's Fire Department. Amain enlargement is the replacement of an
existing main with a larger main or the paralleling of an existing main v-~ith a new main. If the main
enlargement can later serve additional property and the developer desire to rc~cei~~e reimbursement for the
proportionate cost of the enlarged system serving others, the develc~x~r or customers must enter into a
reimbursement agreement with the City. The developer or customer shall pro~~ide the Utility with an
itemized statement of the actual cost of installation in sufficient detail to alloN~ tl~e Utility to derive the
proportionate costs. The Utility will attempt to collect the proportionate rcpt of the enlarged system
serving the additional property, if and when such property is developed. Itcimbunement of proportionate
costs will be made to the developer or customer, without int~~rlst, as they are collected. The
reimbursement agreement shall be in effect for a period often (10) ~fcan or until the proportionate cost
for all additional property served has been collected and refiindcd to the developer or customer,
whichever occurs first.
(Continueda
ISSUED BY: Effective: 09-27-88 by Resolution No.: 88R-26$ Dated: 09-27-88
Gordon W. Hoyt Superseding Resolution No.: None Dated: None
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
A. DISTRIBUTION SYSTEM (Continued)
Page No. 3.15.3.1
7. Rights-Of-Way
All rights-of way required by the Water Utility for operation and maintenance of the secondary
water system, which are not a part of the recorded tract or parcel map, shall be due prior to
signature approval of the Water System Improvement Plans by the Water Engineering Manager.
All rights-of--way shall be offered to the City of Anaheim in a form acceptable to the City's Real
Property Section, City Engineer's Office, and shall consist of an irrevocable offer, a legal
description of the parcel, a plot plan and a current title report showing the legal owner of the
property offering the dedication to the City.
8. Fees
The Water Utility shall charge a fee for all labor required by Utility personnel in support of plan
checking, right-of way acquisition, inspection and field valve programs which are directly
related to the plan review, construction and acquisition of the Secondary System
A deposit for plan check and inspection activities shall be due concurrently with the initial
submittal of plans to the Water Utility for review.
Right-of--way and field valve program fees shall be due prior to signature approval of the water
system improvement plans by the Water Engineering Manager.
Fees for Utility Labor are hereby established as follows:
a. Plan Check Fee: The fee for plan check will be the actual cost incurred by the Utility.
A deposit, based on the estimated time required to complete the plan check, will be
required to initiate the plan check process. When the total costs have been determined,
a refund will be made, when applicable, or a final payment due prior to final approval
of plans.
b. Construction Inspection Fee: The fee for construction inspection will be the actual cost
incurred by the Utility. A deposit, based on the estimated time required for inspection,
will be required to initiate the inspection process. When the total costs have been
determined, a refund will be made, when applicable, or a final payment made due prior
to final Water System signature on the building permit.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-02-99
Edward K. Aghjayan Superseding Resolution No.: 95R-114 Dated: 06-24-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
2015. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
A. DISTRIBUTION SYSTEM (Continued)
8. Fees (Continued)
Page No. 3.15.3.2
c. Field Valve Program Fee:
For Tracts and Subdivisions, One Hundred and Sixty ($160.00) Dollars plus Thirty two Cents
($0.32) per linear foot of pipe in excess of five hundred (500') feet.
For large meter and services, Sixty Dollars ($60.00) for each installation when included on the
main extension improvement plans.
d. Right-of--Way Processing Fee: Three Hundred Forty-Five Dollars ($345.00) per document
submitted to the City as an easement for public utility purposes.
e. Standard Specifications for Construction of Domestic Water Systems. A fee of Ten Dollars
($10.00) will be charged by the Water Engineering Division, Public Utility Department for each
copy of the Water Engineering Division's Standard Specification for Construction of Domestic
Water Systems.
f. CAD or GIS computer generated drawing reproduction fee:
g~
Size First Copy Additional Copy of the Same
Drawing
A. (8.5"xll") $5.50 $0.50
B. (11"x17"} $6.00 $1.00
C. (19"x22"} ~ $7.00 $2.00
D. (22"x34") $9,00 $4.00
E. (34"x44") $13.00 $8.00
Non-standard size maps $ l 0.00+$2.00/linear ft. $2.OO/linear ft.
All other requests that require
special setup and/or handling To be calculated based on
time and material basis (1-
hour minimum charge) To be calculated based on
time and material basis
Pressure Check Fee: When, at the discretion of the customer, the Utility is requested to
determine the static pressure on the customer's premise, a Pressure Check Fee shall be
required. The Pressure Check Fee is contained in Rule 21.
(Continued)
ISSUED BY: Effective: 07-30-01 by Resolution No.: 2001R-192 Dated: 07-10-01
Marcie L. Edwards Superseding Resolution No.: 99R-142 Dated: 06-22-99
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
B. SPECIAL FACILITIES
MAIN EXTENSIONS
Page No. 3.15.4
The costs of all Special Facilities installed in the High Elevation System ultimately shall be paid far by the person
benefiting from such facilities. The procedure set forth provides that the Applicant who develops a piece of
property shall make an Advance for Special Facilities needed to serve the properties he is developing. The Utility
will bill a surcharge, over and above the regular water rates, as outlined in Section B.2. #o water customers served
from these Special Facilities. The Advance by the Applicant for Special Facilities shall be refimded as outlined in
Section B.S.
1. Definition of Temps
a. Advance -The payment required for financing the installation of Special Facilities in a Special
' Facilities District. This includes Initial Capital Investments, Share of Prior Advances and
Special Facilities Charges.
b. Applicant -The person, association, corporation or governmental agency applying for water
service.
c. City -The City of Anaheim, California, a municipal corporation.
d. Gross Area of Applicant's Property: The contiguous land area owned or controlled by an
Applicant, including streets, but excluding land areas excluded in the Special Facilities District
Gross Area as determined by the Utility, plus one-half the land area of the abutting streets to
which legal, recorded access exists at the time of application for water service.
e. High Elevation System -The portion of the Utility's service area which cannot be served by
gravity from the August F. Lenain Filtration Plant.
f. Initial Capital Investment -The payment required for financing the installation of Special
Facilities in a Special Facilities District. The sum of the Outstanding Initial Capital Investments
shall be used as the basis for the calculation of Share or Prior Advances. The date of record of
an Initial Capital Investment for determining Share of Prior Advances is the date the agreement
for engineering consulting services is approved by the City Council, or the date the Utility
authorizes the consultant to proceed, whichever date is later.
(Continued)
ISSUED BY: Effective: 11-01-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: ~73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.4.1
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
1. Definition of Terms (Continued)
g. Outstanding Initial Capital Investments -Any Applicant's Initial Capital Investment that has not
been totally refunded to an amount equal to, or smaller than Applicant's Special Facilities
Charge.
h. Pay, Paid, Payment - "Make satisfactory financial arrangements," "satisfactorily arranged far
financially," and "satisfactory financial amangements," respectively, in addition to the accepted
meaning of these tenors.
i. Share of Prior Advances - An advance to be paid by an Applicant, that shall be determined by
prorating the sum of the Outstanding Initial Capital Investments, including his own Initial
Capital Investment for required Special Facilities in a Special Facilities District on the basis of
the ratio of the Gross Area of the Applicant's Property plus the gross area of all prior Applicant's
properties eligible for refunds, where Applicant's Advance less refunds exceeds Applicant's
Special Facilities Charge.
j. Special Facilities -Pumping and storage facilities needed to serve the high elevation system
k. Special Facilities Charge -The charge made to cover the cost of the Special Facilities in the
High Elevation System. This charge shall be computed by multiplying the gross area of
Applicant's development times the Special Facilities Charge Rate.
1. Special Facilities Charge Rate -The average rate to be charged per acre, or fraction of gross area
of Applicant's property. This rate is computed by dividing the gross area of the Special Facilities
District into the cost of Special Facilities required to supply the District.
m Special Facilities District - An area within the High Elevation System where Special Facilities
are required.
(Continued)
ISSUED BY: Effective: 11-01-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordan W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
241 S. Anaheim Blvd. Page No. 3.15.4.2
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
1. Definition of Terms (Continued)
n. Special Facilities District Gross Area -All of the land area within the District boundary, except
land areas of open, uncovered flood control facilities, and except land areas of freeways,
highways, and dedicated streets that do not provide the abutting property with any legal access
thereto as a matter of record at the time of application for water service.
o. Special Facilities Documents -Shall include only The Special Facilities District Map that
delineates the boundary of the Special Facilities District and indicates the sizes and locations of
Special Facilities; The Special Facilities Charge Rate Computation Sheet that itemizes the actual
and estimated cost of the required Special Facilities and the Special Facilities District Gross
Area.
p. Special Facilities Surcharge -The charge made to customers within the High Elevation System
to cover the cost of the Special Facilities including administration costs. This charge shall be
twenty-two percent over and above the customer's water bill.
q. Utility -The City ofAnaheim -Utilities Department.
2. Application of Special Facilities Surcharges
a. A customer's surcharge shall be in effect until all Special faciiitie~ in his Special Facilities
District are paid.
b. The Special Facilities Surcharge shall be the same for all Sixcial facilities Districts unless
otherwise specified herein.
c. Relocation of Service - An application for the relocation of an existing service from another
system to a Special Facilities District main shall be the samr as an application for a new service.
d. Property Deferred from Special Facilities Surcharges - Pr<~ix~rty u-~ithin the Special Facilities
District that was served by the
(Continued)
ISSUED BY: Effective: l 1-01-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
2. Application of Special facilities Surcharges (Continued)
Page No. 3.15.5
Utility prior to the establishment of the District shall not be subject to the Special Facilities
Surcharge when there is no change in the area for which service was originally granted, or no
new service connections added to the property. Property that is being served by a main that is a
part of another system shall not be subject to the Special Facilities Surcharge, if the Utility uses
the main to supply Special Facilities District water service, or the Utility installs a new main to
supply Special Facilities District water service and abandons the old main.
e. Irrigation Service -Customers to be served by irrigation service within the Special Facilities
District shall pay the Special Facilities Surcharge.
f. Temporary Supply from Another System - An applicant for a service connection to a parcel that
has frontage on an existing main of another system, but does not have frontage within 200 feet
of an existing Special Facilities District main, may obtain service temporarily from an existing
main. Applicant shall make a special agreement to accept such service until Special Facilities
District water service is available.
g. Temporary Service - An Applicant may or may not be required to advance funds for Special
Facilities for temporary service, depending on the circumstances involved. Applicants for
temporary service may claim special conditions exist that will then be resolved, as further
provided herein. Customers receiving temporary service shall pay the 22% Special Facilities
Surcharge.
h. Water Service to Developments Outside the Boundaries of Special Facilities District - A
developer may request, or be required, to connect his system to existing facilities in Special
Facilities District # 1. Those developments connected to the existing District will be required to
pay: (1) the Special Facilities Charge, or (2) for upgrading existing facilities within the District,
or (3) for the installation of a new facility, or any combination of (1), {2), or (3) above. In all
cases, the developer will bear the full cost of required installations or improvements and not be
eligible for reimbursements from future developments. Customers served water from the system
connected to the existing District shall be required to pay the High Elevation Pumping
Surcharge.
3. Computation of Charges
a. Extra Charges far Enlargement of Supply System -When water needs of an Applicant are in
excess of those for which the Special Facilities District system is designed, the Applicant must
pay for the additional cost of installing items of larger size or capacity than those listed in the
Special Facilities District Documents.
(Continued}
ISSUED BY: Effective: 01-O1-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: 79R-643 Dated: 10-30-79
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.6
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
3. Computation of Charges (Continued)
b. Other Charges -The Utility's established Primary Distribution Main acreage fee does not include
Special Facilities, and, therefore, it shall be collected on all acreage for which application for
service is being made. In addition, front footage fees for fire hydrants shall be collected from
properties that benefit from those hydrants installed on primary distribution mains.
c. Property and Topographic Maps Required -The Applicant shall furnish the Utility, upon
request, adequate and accurate maps showing the topography and boundary of his total
contiguous property. The Utility will use these maps to determine the boundary of the limits of
service, and the area on which surcharges are to be collected,
d. Property Partially Outside the Distract - Where a parcel of property to be served lies partially
outside the Special Facilities District the Utility shall determine the limits of each supply system
and establish the location of the District boundary.
e. Subdivision of Lands in a Special Facilities District - In instances where it appears that
ownership of contiguous real property has been recently so divided as to exclude most of the
poor or unusable land from the water Applicant's property ownership, which has the effect of
avoiding the payment of Special Facilities Charges on such poor or unusable land, the Utility
shall first compute a new Special Facilities Charge based on the collection of charges only for a
comparable portion of good usable area within the Applicant's property instead of the gross area
of Applicant's property. The total Special Facilities Charge for this Applicant's divided or
smaller property shall then be based on this new Special Facilities Charge.
4. Advances
a. Conditions Requiring Advances -Any Applicant, other than those excluded in B.4.b., who
develops property in a Special
(Continued)
ISSUED BY: Effective: 11-01-79 by Resolution No.: 79R-643 Dated: 10-34-79
Gordon W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES {Continued)
4. Advances (Continued)
Page No. 3.15.7
Facilities District shall pay for all Special Facilities required by the Utility to serve the property
being developed. This Advance shall be the Applicant's Initial Capital Investment, or the
Applicant's Share of Prior Advances, or the Applicant's Special Facilities Charge, whichever is
greater. Special Facilities in excess of the minimum needed to serve Applicant's properly may
be required by Utility to be installed, and in such a case, Applicant shall pay for such excess
facilities. Excess facilities generally will be required by Utility, if needed, to conform to the
Utility's Master Plan for the High Elevation System. An alteration or addition to a facility may
. be considered a separate special facility.
The Utility may alter or add to the Special Facilities in a Special Facilities District, if this is considered to
be in the best interest of the Utility. The Utility shall then be entitled to refunds as outlined below.
b. Applicants for small developments that do not have a signif cant effect on the Special Facilities
District, shall not be required to pay their Share of Prior Advances but will be required to pay
their Special Facilities Charge, and to advance funds for new Special Facilities needed to serve
their property. A small development is defined as an Applicant's own residence or business, or a
property with a gross area of less than one percent of prior Applicant's gross areas and equal to
or less than five acres. These applicants shall not be exempt from payment of the Special
Facilities Surcharge.
Applicant shall not divide real property which is within a Special Facilities District into parcels
having a gross area less than five (5) acres to avoid payment of a Special Facilities Advance. As
a condition precedent to obtaining approval by the City of a parcel map which divides
Applicant's land into parcels of less than five (5) acres, Applicant shall enter into an agreement
with the City providing for the payment of the required Advance.
(Continued)
ISSUED BY: Effective: 11-01-79 by Resolution No.: 79R-643 Dated: 10_ 30=79
Gordon W. Hoyt Superseding Resolution No.: ~73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
4. Advances (Continued)
Page No. 3.15.8
c. Cost Basis far Determining Advances -The cost of the Special Facilities to be used in
determining the amount of Advances required shall include those facilities that are shown in the
Special Facilities District documents (W-2138and W-2139). These Special Facilities costs shall
be based on the Water Engineering Planning Section's estimate, the engineer's cost estimate, the
construction bid, or the final cost, depending on what state of development the Special Facility is
in. This cost shall include, but not be limited to the cost of engineering, land, reservoirs,
pumping stations, water mains, grading, paving, retaining walls, curbs and drainage facilities;
and the cost of all other improvements necessary to make these facilities a permanent operating
water installation integrated with the water system of the Utility. Transmission and distribution
mains in the High Elevation System are treated the same as all other areas throughout the City.
These documents will be revised as necessary by the Water Utility.
d. In lieu of providing the Advances in accordance with Section B.4.a., the Applicant for water
service that requires Special Facilities, shall be pemvtted, if qualified in the judgment of the
Utility, to construct and install the facilities himself, or arrange for their installation pursuant to
competitive bidding procedures initiated by him and limited to contractors who possess a current
California Contractor's License permitting them to do this type of construction work. The cost,
including the cost of inspection and supervision by the Utility, shall be paid directly by
Applicant. The Applicant shall provide the Utility with a statement of actual construction cost in
reasonable detail. The amount to be treated as an Advance subject to refund shall be the lesser
of (1) the actual cost, or (2) the price quoted in the Utility's detailed cost estimate. The
installation shall be in accordance with the plans and specifications submitted by the Utility
pursuant to Section B.B.b.
e. If all planned Special Facilities within a Special Facilities District have been completed, the
amount of advance by an Applicant shall not exceed the balance of any remaining refunds
within that Special Facilities District.
(Continued}
ISSUED BY: Effective: 09-01-89 by Resolution No.: 89R-361 Dated: 08-22-89
Gordon W. Hoyt Superseding Resolution No.: 79R-643 Dated: 10-30-79
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
4. Advances (Continued)
Page No. 3.15.9
f The sum of the outstanding Initial Capital Investments is used to calculate Share of Prior
Advances. The sum of the Outstanding Initial Capital Investments may increase at any time
during the fiscal year. This occurs when a new Special Facility has been deemed necessary, or
as cost estimates associated with the existing Outstanding Initial Capital Investments are revised.
The sum of the Outstanding Initial Capital Investments may decrease when the annual refund of
Advances collected during the fiscal year is made. This occurs when Applicants have, through
refunds, had their Advance reduced to an amount smaller than their Special Facilities Charge.
The sum of the Outstanding Initial Capital Investments is then reduced by an amount equal to
the final cost of the Special Facility when an Initial Capital Investment is involved, or the
Special Facilities Charge when a Share of Prior Advances is involved. At the same time, the
total acreage used to calculate Share of Prior Advances is reduced by the acreage amounts of the
corresponding reimbursement agreements.
g. At times there may be Special Facilities Charges collected v-~ith no Applicants eligible for refund
from these fees. These fees then become available to a future Applicant, who will be obligated
for the cost of a new Special Facility (Initial Capital Investment). The future Applicant's Initial
Capital Investment then becomes the cost of the facility Icss th~~ amount of money made
available by the City from accumulated Special Facilities Charges. [n the event the Applicant's
advance is reduced to make it less than the Special Facilities Charge. tlrrn the Special Facilities
Charge will govern.
h. At times there may be funds available from the annual refund far an Arplicant obligated to build
a new Special Facility in excess of what Applicant has expended. Th~~u funds are then applied
to ongoing design or construction costs until depleted. Applicant is required to advance the
remaining cost of the facility or his Special Facilities Charge, ~~hichever is greater. The
estimated cost of the facility is still used as the Outstanding Initial Capital Investment for
determining Share of Prior Advances.
(Continued)
ISSUED BY: Effective: 11-01-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. ~ Page No. 3.15.10
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
5. Refund of Advances (Continued)
a. Each Advance in excess of the Special Facilities Charge shall be refunded from subsequent
Applicant's Share of Prior Advances, Special Facilities Charges, any interest derived from
Special Facilities accounts by the City, or payments collected as Special Facilities Surcharges
from customers in the Applicant's Special Facilities District, in accordance with a written
agreement between the Utility and the Applicant. Refund of the amount of the Special Facilities
Charge shall be made only from the Special Facilities Surcharges. Beginning November 1,
1979, and thereafter, any interest derived from Special Facilities accounts by the City shall be
subject to refund to Applicants. Interest derived prior to said date of November 1,1979 shall not
be subject to refund. Assignment of Rights under written agreement shall require prior City
Council approval and shall be subject to a fee of Three Hundred Dollars ($300.00) to cover the
cost of processing the assignment.
b. The total amount of any refund to an Applicant shall not exceed the amount of his Advance,
without interest.
c. Refunds shall be subject to any existing Revenue Band Covenants, and shall be junior to any
present or future bond payments.
d. The Utility shall make refunds to the Applicant who made an Advance, or his assignee, for a
period of thirty years from the date the Advance was made, or until the amount of the Initial
Capital Investment has been paid, without interest, whichever comes first.
e. When it has been necessary for the Utility to advance funds to alter or add to the Special
Facilities in a Special Facilities District, funds available for refunds will first be applied to the
Utility's Advance before Section B.S.f. is applicable.
(Continued)
ISSUED BY: Effective: 08-OS-87 by Resolution No.: 87R-324 Dated: 07-28-87
Gordon W. Hoyt Superseding Resolution No.: 86R-350 Dated: 08-01-86
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
20l S. Anaheim Blvd.
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
5. Refund of Advances (Continued)
Page No. 3.15.10.1
f. Where two or more Applicants in a Special Facilities District have paid advances in a Special
Facilities District, they shall each receive as refunds a proportional amount of the funds received
from Share of Prior Advances, interest derived from Special Facilities accounts by the City,
Special Facilities Charges, and Special Facilities Surcharges available for refund. The most
recent Applicant shall not be eligible for a refund from the Share of Prior Advances, or the
Special Facilities Charge Applicant advanced.
The proportional amount of refund is determined by multiplying the gross amount available for
refund times a weighted factor for each Applicant.
The numerator of this factor is the product of the Applicant's original Advance, multiplied by the
number of years since the date of record of the Applicant's Advance. The denominator of this
factor is the sum of the numerators for all Applicants eligible for refunds. The number of years
shall be calculated to the nearest month.
g. The Utility shall make yearly refund payments to the eligible Applicants in September of each
year, for all Special Facilities Surcharge revenue (less administrative costs}, Share of Prior
Advances, Special Facilities Charges, and interest derived from Special Facilities accounts by
the City received during the preceding fiscal year. The fiscal year extends from July 1 to June
30.
h. No refunds will be made by the Utility for temporary or interim Special Facilities.
i. The date of record used for refunding an Applicant's Share of Prior Advances andlor Special
Facilities Charge is the date the City receives the Advance.
(Continued)
ISSUED BY: Effective: 08-OS-87 by Resolution No.: $7R-324 Dated: 07-28-87
Gordon W. Hoyt Superseding Resolution No.: $6R-350 Dated: 08-01-86
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd.
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
5. Refund of Advances (Continued)
Page No. 3.15.11
j. The date of record used for refunding an Applicant's Initial Capital Investment for the portion in
excess of the Special Facilities Acreage Charge shall be the date the agreement for consulting
engineering design services is approved by City Council, or the date the Utility authorizes the
engineering design consultant to proceed, whichever is later. Applicant does not become
eligible far Special Facilities Surcharge refunds until a final accounting is made by the Utility.
k. The date of record used for refunds for those Applicants who were required to make an Initial
Capital Investment shall be the date a final accounting is made by the Utility.
6. Miscellaneous
a. Rendition of Water Service -The Utility shall not be obligated by the establishment of a Special
Facilities District to serve any portion thereof until all applicable financial arrangements have
been completed.
b. Revision -The Utility reserves the right at any time to revise and update the Special Facilities
documents provided that such revision shall not affect contracts which have been executed
pursuant to this rule.
7. Ownership, Design and Construction of Special Facilities
a. Any Special Facilities installed hereunder shall become the sole property of the Utility after
acceptance by the City.
b. The design of Special Facilities shall be done by the Utility or a consulting engineer retained by
the Utility. The actual construction shall be done by the Utility, a contractor employed by the
Utility, or by a contractor employed by the Applicant, as outlined in B.4.d.
(Continued)
ISSUED BY: Effective: 10-30-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: ~ 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.12
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
c. When a Special Facility must comply with an ordinance, regulation, or specification of a public
authority other than the Utility, the construction costs of said Special Facility shall be based
upon the additions required to comply therewith.
$. Estimates, Plans and Specif~, ications
a. Upon request by a potential Applicant for a Special Facility, the Utility shall prepare, without
charge a preliminary sketch and rough estimates of the cost of installation to be advanced by
said Applicant.
b. Any Applicant for a Special Facility requesting the Utility to prepare detailed plans,
specifications and cost estimates shall be required to deposit with the Utility an amount equal to
the estimated cost of preparation of such material. The Utility shall, upon request, make
available within a reasonable period after receipt of the deposit refereed to above, such plans,
specifications and cost estimates of the proposed Special Facility.
c. In the event a Special Facilities contract with the Utility is executed within 180 days after the
Utility furnishes the detailed plans and specifications, the deposit shall become a part of the
Advance. If such contract is not so executed, the deposit to cover the cast of preparing plans,
specifications and cost estimates shall be forfeited by the Applicant for the Special Facilities and
the amount of the forfeited deposit shall be credited to the account or accounts to which the
expense of preparing said material was charged.
d. When detailed plans, specifications and cost estimates are requested, the Applicant for a Special
Facility shall furnish the Utility accurate maps showing the topography, boundary of this total
contiguous property, and street and lot layouts of the various parts of the area to be developed.
If changes are made subsequent to the presentation of this map by the applicant, and these
changes require additional expense in revising plans, specifications and cost estimates, this
additional expense shall be borne by the Applicant, not subject to refund.
(Continued)
ISSUED BY: Effective: 10-30-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15, i3
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
9. Timin ag nd Adjustment of Advances
a. Unless the Applicant for the Special Facility elects to arrange for the installation of the Special
Facility, as permitted by Section B.4.c., the full amount of the required Advance, ar an
acceptable surety bond and/or letter of credit must be provided to the Utility at the time of
execution of the Special Facility agreement.
b. An applicant for Special Facilities may be required to deposit sufficient cash to cover the cost of
such Special Facilities before they are ordered by the Utility.
c. An Applicant for a Special Facility who advances funds shall be provided with a statement of
actual conshuction costs showing in reasonable detail the costs incurred for material, labor, any
other direct and indirect costs, overheads, and total costs; or unit costs; or conhact costs;
whichever is appropriate.
d. Said statement shall be submitted within sixty days after the actual construction costs of the
installation have been ascertained by the Utility. In the event that the actual construction costs
for the entire installation shall have not been determined within I?0 days after completion of
construction work, a preliminary determination of actual and adjusted construction costs shall be
submitted, based upon the best available information at that time.
e. Any differences between the actual construction costs and the amount ad~~anced shall be shown
as a revision of the amount of advance and shall be payable ~~~ithin thirt~~ days of the date of the
submission of the statement.
10. Special Conditions
a. Exceptions -Exceptions to the above-mentioned policies alai tul~s 1'or a specific Special
Facilities District shall beset forth in the Special Facilities District dcxuments of the said Special
Facilities District.
(Continued)
ISSUED BY: Effective: 10-30-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. ~ Page No. 3.15.14
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
B. SPECIAL FACILITIES (Continued)
b. Special Situations -Special conditions of service, facilities and related matters applicable to
these Rules and Regulations not expressly covered, shall be resolved by the Utilities General
Manager.
c. Exceptional Cases - In unusual circumstances, when the application of these rules appears
impractical or unjust, the Applicant may refer the matter to the Utilities General Manager for
special ruling, or for the approval of special conditions, which are agreed upon, prior to
commencing construction. If the matter is not satisfactorily resolved with the Utilities General
Manager, the Applicant may petition the City Council for final determination.
(Continued)
ISSUED BY: Effective: 10-30-79 by Resolution No.: 79R-643 Dated: 10-30-79
Gordon W. Hoyt Superseding Resolution No.: 73R-255 Dated: 06-26-73
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.15
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES
The costs of all transmission and terminal storage facilities serving the East Santa Ana Canyon Area as defined
herein shall be paid for by the owners or developers benefiting from such facilities. All owners or developers of
properties in the East Santa Ana Canyon Area will pay, in the form of Transmission and Terminal Storage Acreage
Fees, their proportionate share of costs incurred by previous owners or developers who paid for the installation of
transnssion and terminal storage facilities. In addition, owners or developers will be obligated to pay for new
facilitiesand/or rehabilitation of existing facilities needed to serve their properties.
1. Definition of Terms
a. "East Santa Ana Canyon Area" -That portion of the Water Utility's service area located
generally south of the Santa Ana River and extending to the Orange-Riverside County line, as
shown on the latest revision on Drawing W-2389 on file at the City of Anaheim, Public Utilities
Department, Water Engineering Division.
b. "Transmission Facilities and Terminal Storage Facilities" -Those facilities that are eligible for
reimbursement and associated with those certain pipelines and reservoirs deemed necessary by
the Water Utility to provide water in an efficient and reliable manner, and which have been
determined by the Water Utility to be of direct benefit to the East Santa Ana Canyon Area.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.16
Anaheim, CA 92805
RULE N0, 15
MAIN EXTENSIONS
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES
1. Def nition of Terms
c. "Transnssion Facility" -Transmission facilities are hereby defined as 66.76% of the capacity
and cost of a 36 inch water main constructed from the existing City system in the vicinity of
Mohler Drive and Santa Ana Canyon Road to the most southerly boundary of the Bauer Ranch
Development as shown as Phase 1 and Phase la, on the latest revision of Drawing W2389. The
transmission portion of the water main continuing south in Weir Canyon Road to the Terminal
Storage Reservoirs, shown as Phase II on the latest revision of Drawing W2389, shall be as
designated by the Public Utilities General Manager based on hydraulic studies.
d. ~ "Terminal Storage Facilities" -Terminal storage facilities are defined as Weir Canyon and Oak
Hills Reservoirs, consisting of eight million gallons of Terminal Reservoir Storage which is
located within the East Santa Ana Canyon Area.
e. "Transmission and Terminal Storage Acreage Fees" -Transmission and Terminal Storage
Acreage Fees shall be the rate to be charged per acre of gross area of Applicant's property. The
rate will be determined and, as a condition precedent, is payable at the time that the developer
connects to the City's water system. This rate is to be computed by dividing the gross area of
undeveloped properties within the East Santa Ana Canyon Area into the current amount of prior
costs eligible for reimbursement for Transmission and Terminal Storage Facilities determined to
be of direct benefit to the East Santa Ana Canyon Area and as quantified on Drawing W2393.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: Ob-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
Page No. 3.15.17
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES
(Continued )
1. Defutition of Terms
f. "East Santa Ana Canyon Area Documents" -Shall consist of the latest revision of
Drawing Nos. W-2389, and W-2393 delineating the boundary of the East Santa Ana
Canyon Area, location and actual cost of transmission and terminal storage facilities and
gross area in acres of undeveloped properties, actual cost of facilities in place, current
amount of prior costs eligible for reimbursement, and such other costs which may be
incurred annually in direct benefit of the area described in Rule 15-C.
2. Computation of Charles
a. Transmission Facilities Acreage Fees - Transnssion Facilities Acreage Fees shall be
computed an the basis of actual costs incurred by prior developers to install the
Transmission Facilities as defined in Rule 15-C-1-c. The original reimbursable cost is
equal to the developer's actual installation costs minus the Transmission Facilities
Acreage Fees associated with the property originally developed. The current balance of
reimbursable costs shall be the original reimbursable costs minus any previous
reimbursements made and then adjusted by an amount equal to any changes in the
Engineering News Record (ENR) construction cost index since the date of completion
for those Transmission Facilities previously installed. The Transmission Facilities
Acreage Fee is determined by taking the current balance of reimbursable costs and
dividing such total costs by the gross acreage remaining to be developed within the East
Santa Ana Canyon Area as shown on the East Santa Ana Canyon Area Documents, and
multiplying the quotient by the number of acres in the Applicant's development. The
Applicant's development area shall be measured to the nearest one-hundredth acre of the
gross acreage.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
Page No. 3.15.18
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES
(Continued}
2. Computation of Charges
b. Terminal Storage Facilities Fees -Terminal storage facilities fees shall be computed on
the basis of the actual costs incurred by prior developers to install Weir Canyon and Oak
Hills Reservoirs as defined in Rule 1 S-C-1-d. The original reimbursable cost of Weir
Canyon Reservoir is equal to the actual cast of the facility minus the Terminal Storage
Facilities Fees associated with that development. The original reimbursable cost of Oak
Hills Reservoir is equal to the actual cost of the facility minus Mello-Roos funding of
$491,425 and minus the Terminal Storage Facilities Fees associated with that
development. The current balance of reimbursable cost of each facility shall be the
original cost minus and previous reimbursements made and then adjusted by an amount
equal to any changes in the ENR construction cost index since the date of completion for
those terminal storage facilities. The Terminal Storage Facilities Fee shall be the sum of
the current balance of reimbursable costs for each of the two resenroirs divided by the
gross acres remaining to be developed within the described area, and multiplying the
quotient by the number of acres in the Applicant's development area. The Applicant's
development area shall be measured to the nearest one-I~undr<~dth acre of the gross
acreage.
c. Transmission and Terminal Storage Acreage Fees are due and pa~~able within thirty {30)
calendar days from the date the fees are billed. If Acreagr or facilities Fees are not paid
within the specified period, a new calculation will be made ~•liirh may result in a higher
fee. Acreage or Facilities Fees for Terminal Storage and Transmission Main Facilities
within the east Santa Ana Canyon area, subsequent t~f the first initial phases of
development, shall be paid prior to recordation of any Final ~•ract or Parcel Map.
Acreage or Facilities Fees shall be required on tracts in their entirety. Payment of
Acreage or Facilities Fees for portions of a tract shall not hc~ accrrt~d.
3. Improvements to Undeveloped Land
Any person who makes improvements to an undeveloped parcel oi' land within the Santa Ana
Canyon Area shall pay his proportional share of all necessary facilities required to provide water
service to the property. These facilities shall include, but nut hc~ limited to, additional
transmission facilities, ternunal storage facilities identified on [)ra~~•ing V4'-2389 but not yet
constructed, and additional pumping stations, pressure regulating facilities, and distribution mains.
In certain circumstances, the Utility may require the developer to install facilities in excess of
what is required to serve his property. In such cases, the d~~~•eloper must enter into a
reimbursement agreement with the City to recover his expenditures in excess of his proportionate
share. Reimbursement of such costs shall be made to the developer, without interest, as moneys
are collected from future developments. The reimbursement agreement shall be in effect for a
period of ten (10) years or until the proportionate cost for all additional property served has been
collected and refunded to the developer, whichever occurs first.
ISSUED BY: Effective: 07-01-99 by Resolution No.. 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
.D. PLATINUM TRIANGLE WATER FACILITIES
Page No. 3.15.19
The cost of upgrading all water facilities serving the Pla#inum Triangle as defined herein shall be paid for
by the owners or developers of property requiring such facilities. The procedure set forth herein provides
that the developer of a parcel of property within the Platinum Triangle, other than for permitted primary
industrial uses as provided in Section d.l 1, shall pay the proportional share of the cost of facilities in the
form of Gross Floor Building Area (GFA) fees. Other fees, which are covered in the City's Water Rates,
Rules, and Regulations shall also be applicable.
1. Definition of Terms
a. Advance -The payment required for financing the installation of upgraded water
facilities within the Platinum Triangle.
b. Commercial or Office Development -Any buildings or structures within the Platinum
Triangle hereafter constructed, enlarged, or modified.
c. Competitive Bidding Procedure -The process of obtaining sealed construction bids by
the developer for a portion of the upgraded water facilities. The bids must be obtained in
a bid form and bid items approved by the General Manager prior to soliciting for bids.
The developer must obtain a minimum of three bids. The developer will not be allowed
to award the contract and to proceed with the water construction work, until the bids are
submitted to the City and the lowest responsible bid approved by the General Manager.
The bids obtained by the developer shall be from construction contractors licensed by the
State of California and qualified to perform water construction work. The General
Manager will have the authority to reject all bids and request the developer to obtain the
authority to obtain additional bids. If all bids submitted to the General Manager for
approval are not satisfactory, the City reserves the option to solicit bids for the work
under established City advertising and awarding procedures.
(Continued)
ISSUED BY:
Marcie L. Edwards
Ir ar~~~
General Manager
11-O1-05
Effective: 9~~-914 by Resolution No.: 99R-1~
Superseding Resolution No.: $i3R~8
99R-14Z
Dated: 9~~9
Dated: 89-x-88
06-22-99
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.20
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
D. PLATINUM TRIANGLE WATER FACILITIES (Continued}
d. Developer/Applicant -The person, association, corporation or governmental agency
applying for water service.
_(Continued)
11-01-05
ISSUED BY: Effective: n~ by Resolution No.: ~ Dated: ~g
Marcie L. Edwards
~:~ Superseding Resolution No.: SSR-~8 Dated: ~9-~-$$
General Manager 99R-142 06-22-99
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.21
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
D. PLATINUM TRIANGLE WATER FACILITIES (Continued)
e. Gross Floor Building Area Fees -Gross Floor Building Area (GFA) fees shall be the rate
on a gross square foot basis for new residential, commercial and office developments
within the Platinum Triangle.
f. Gross Floor Building Area of Applicant's Development -The total grass floor area as
shown on the building plans submitted to the City for approval including any
amendments, additions or revisions as may be requested by the Applicant or the City,
measured to the nearest square foot.
(Continued)
11-Ol-OS
ISSUED BY: Effective: ~'~A~-94 by Resolution No.: 49~R-~4~ Dated: 9~-~-9~4
Marcie L. Edwards
~~ Superseding Resolution No.: S~SR-~68 Dated: I~9~88
General Manager ~ 99R-142 46-ZZ-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued
Page No. 3.15.22
g. Pay, Paid, Payment - "Make satisfactory financial arrangements" "satisfactorily arranged
for financially," and "satisfactory financial arrangements," respectively, in addition to the
accepted meaning of these terms.
h. Platinum Triangle/Platinum Triangle -That portion of the service area bounded on the
east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the
Santa Ana Freeway, and on the north by the Southern California Edison easement, which
easement is generally located parallel to and north of Katella Avenue.
i. Platinum Triangle Documents -Shall consist of Drawing Nos. W-2523 and W-2524 as
latest revised delineating the boundary of the Platinum Triangle location and estimated or
actual cost of upgrading water facilities and the GFA in square feet. These documents
shall be revised periodically to reflect adjusted GFA, actual cost of facilities in place,
current cost estimates, and such other costs which may be incurred annually in direct
benefit of the Platinum Triangle.
j. Platinum Triangle Facility Fund - A fund into which the GFA Fees and Advances are
deposited and expenditures are made in connection with upgrading all water facilities in
the Platinum Triangle. All interest earned by moneys in this fund shall remain in this
fund. Appropriate administrative and overhead costs shall be charged against this fund
by the Utility.
k. Projected Total Development -The Projected Total Development shall be the
incremental projected building square foot growth within the boundaries of the Platinum
Triangle as documented in the most current land use plans adopted by the City, for
commercial, residential and office space development measured to the nearest square
foot.
1. Residential Development -Any building or structure within the Platinum Triangle
hereafter constructed, enlarged, or modif ed for use as a residence.
m. Upgraded Water Facilities -Those facilities which have been determined to be necessary
to provide domestic and fire flows to the Platinum Triangle, as shown an Drawing No.
W-2523 on file at the City of Anaheim, Public Utilities Department, Water Engineering
Division.
(Continued)
D. ~ ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued
2. Computation of Fee
a. GFA Fees -Gross Floor Building Area fees shall be computed on the basis of the
estimated or actual costs of construction of the upgraded Water Facilities divided by the
projected square footage of gross building area
b. The Platinum Triangle Document, Drawing No. W-2524 as latest revised, shall be the
official record of Gross Floor Building Area and the fee as computed per section D.2.a..
11-01-05
ISSUED BY: Effective: 9~-9~-~4 by Resolution No.: ~9R-1~ Dated: 9~
Marcie L. Edwards
. Superseding Resolution No.: 568 Dated: 99-x-58
General Manager 99R-142 06-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
3. Application of Fee
MAIN EXTENSIONS
Page No. 3.15.23
a. Each Developer shall pay an amount far upgraded water facilities calculated by
multiplying the GFA fee times the Gross Floor Building Area of the Applicant's
Development. .
b. Each developer shall pay the amount of the fee as calculated pursuant to section D.3.a.
prior to approval of water improvement plans or completion of the application for water
service or prior to rendering water service to the developer's premises; provided however
that any failure of the City to collect the fee shall not relieve the developer of its
obligation to pay the fee.
(Continued}
ISSUED BY:
Marcie L. Edwards
~~~~
General Manager
11-01-05
Effective: ~~-9-49 by Resolution No.: 99~1~
Superseding Resolution No.: $8R-3b8
99R-142
Dated: ~9~
Dated: 99-x-85
06-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued
4. Advances
a.
WATER RATES, RULES
AND REGULATIONS
Primary main fees in the Platinum Triangle shall be treated in the manner set forth in
Rule 15-A.
Page No. 3.15.24
(Continued}
ISSUED BY:
Marcie L. Edwards
General Manager
11-41-05
Effective: 9~9~-94 by Resolution No.: ~4R-~
Superseding Resolution No.: S~BI~~
99R-142
Dated; 9~-x-44
Dated: 94-~~-8~8
46-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued)
Page No. 3.15.25
b. In lieu of the fee as herein described, the Applicant for water service that requires
Platinum Triangle Facilities, shall be permitted, if qualified in the judgment of the
General Manager, to design and construct the facilities or arrange for their installation
pursuant to Competitive Bidding Procedures. The cost, including the cost of design
review, inspection and supervision by the Utility, shall be paid directly by Applicant.
The Applicant shall provide the General Manager with a statement of actual construction
cost in detail satisfactory to the General Manager. The amount to be treated as an
Advance subject to refund shall be the lesser of (1) the actual cost, or (2}the price quoted
in the General Manager's detailed cost estimate. The installation shall be in accordance
with the plans and specification approved by the General Manager.
5. Refund of Advances
a. Each Advance in excess of the GFA Fees shall be refunded from subsequent Applicant's
GFA Fees, in accordance with a written reimbursement agreement between the Utility
and Developer. Such Reimbursement agreements shall have a maximum term of 10
years.
b. The total amount of any refund to an Applicant shall not exceed the amount of their
Advance.
c. Refunds shall be subject to any existing Revenue Bond Covenants, and shall be junior to
any present or future band and note payments.
(Continued)
11-01-05
ISSUED BY: Effective: 9~-A~-99 by Resolution No.: 99R-1~ Dated: A~-~4
Marcie L. Edwards
. Superseding Resolution No.. SSF~-~S Dated: 94-x-88
General Manager 99R-142 (1b-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES CContinued)
Page No. 3.15.26
d. The Utility shall make refunds to the Applicant who made an Advance, or his assignee,
until the amount of the Advance has been paid, without interest.
e. When it has been necessary for the Utility to advance funds to alter or add to the
Platinum Triangle Facilities, funds available for refunds will first be applied to the
Utility's Advance before Section D.S.a. is applicable.
f. Where two or more Applicants in the Platinum Triangle have paid Advances in the
Platinum Triangle, they shall each receive as refunds a proportional amount of the funds
received from GFA Fees.
g. The proportional yearly amount of refund is determined by multiplying the gross amount
available for refund times a weighted factor for each Applicant. The numerator of this
factor is the product of the Applicant's original Advance multiplied by the number of
years since the date of record of the Applicant's Advance. ~ The denominator of this factor
is the sum of the numerators for all applicants eligible for refunds. The number of years
shall be calculated to the nearest month.
h. The Utility shall make yearly refund payments to the eligible Applicants in September of
each year.
i. The first payment by the Utility for a developer's Advance shall be made in September of
the year following completion and acceptance by the Utility of the upgraded water
facility for which the Advance was made.
6. Miscellaneous
a. Revision -The General Manager of the Utility is authorized and directed to revise and
update Drawing Nos. W-2523 and W-2524 as necessary to reflect actual construction
cost of facilities, current cost estimates and such adjustments required to accommodate
approved land use changes in the Platinum Triangle. Such adjustments include, but are
not limited to the addition or deletion of projects or adjustments to the borders of the
Platinum Triangle.
(Continued)
ISSUED BY:
Marcie L. Edwards
~lwa a~
General Manager
11-O1-05
Effective: 9~-9~~4 by Resolution No.: 99R-1~
Superseding Resolution No.: SgR~-3H8
94R-142
Dated: 9~-~~4
Dated: 99-x-85
06-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued)
7. Ownershiu, Design and Construction of Platinum Triangle Facilities
a. Any Platinum Triangle Facilities installed hereunder shall become the sole property of
the Utility after acceptance by the City.
b. The construction of water facilities must be accomplished in compliance with the
requirements of any public authority having jurisdiction in the area of work. Any
additional costs incurred in order to comply with these requirements shall became part of
the total cost of the water facility.
8. Estimates, Contract Dopuments, Plans and Specifications
a. Any Applicant for a Platinum Triangle Facility which has entered into an aggrement for
designing and constructing water improvements shall be required to deposit with the
Utility an amount equal to the estimated cost of review and approval of such material.
The Utility shall, upon request, make available within a reasonable period after receipt of
the deposit referred to above.
b. The applicant shall provide the City with As Built drawings of all facilities constructed
by the applicant pursuant to section D.4.b. Such as builts drawings shall be original
mylars drawings sealed by the engineer of record to include all revisions approved by
the City during construction and startup. The construction field superintendent for the
applicant shall keep a set of plans on the jobsite with all approved changes noted in red
throughout the construction and startup of the facilities. Such red lined set shall be signed
by the applicant's representative and turned over to the City inspection staff at the
closeout of the project.
WATER RATES, RULES
AND REGULATIONS
Page No. 3.15.27
(Continued)
ISSUED BY:
Marcie L. Edwards
~d~~
General Manager
11-O1-05
Effective: 9~-A~-94 by Resolution No.: ~4R-14~
Superseding Resolution No.: S8R-~b8
99R-142
Dated: ~-~-44
Dated: 99-~-SS
0lF22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES (Continued)
Page No. 3.15.28
c. In the event a Platinum Triangle Facilities contract with the Utility is executed within
180 days after the Utility furnishes the detailed plans and specifications, the deposit shall
become a part of the Advance. If such contract is not so executed, the deposit to cover
the cost of preparing plans, specifications and cost estimates shall be forfeited by the
Applicant.
d. When detailed plans, specifications and cost estimates are requested, the Applicant for a
Platinum Triangle Facility shall furnish the Utility accurate drawings showing a site plan
including Gross Floor Building Area of the buildings} to be developed. If changes are
made subsequent to the presentation of these drawings by the Applicant, and these
changes. require additional expense in revising contract documents, plans, specifications
and cost estimates, this additional expense shall be borne by the Applicant, not subject to
refunds.
9. Timin ag rid Adjustment of Advances
a. Unless the Applicant for the Platinum Triangle Facilities elects to arrange for the
installation of the Platinum Triangle Facility, as permitted bS~ Section D.4.b., the full
amount of the required Advance, or an acceptable surety band and or letter or credit must
be provided to the Utility at the time of execution of a Platinum Triangle Facility
agreement prior to issuance of a building permit.
b. An Applicant for Platinum Triangle Facilities may be reyuir<d b~~ th~~ General Manager
to deposit sufficient cash to cover the cost of such Platinum Triangle Facilities in
advance of construction.
c. An Applicant for a Platinum Triangle Facility wha advanc« funds shall be provided by
the Utility with a statement of actual costs. Said statement shall br submitted within
sixty days after the actual costs of the installation have b~~~~n determined by the General
Manager.
(Continued}
11-O1-05
ISSUED BY: Effective: A~-A~-~4 by Resolution No.: 9'9R-~ Dated: 96-x-99
Marcie L. Edwards
. Superseding Resolution No.: $SR-~S Dated: x-88
General Manager 99R-142 Ob-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
D. ANAHEIM PLATINUM TRIANGLE WATER FACILITIES iContinued)
Page No. 3.15.29
d. Any differences between the actual costs and the amount advanced shall be shown as a
revision of the amount of Advance and shall be payable by the developer or reimbursed
by the City within thirty days of the date of the submission of a statement to the
Applicant.
10. Special Conditions
a. Special Situations -Special conditions of service, facilities and related matters applicable
to these Rules and Regulations not expressly covered, shall be resolved by the Utilities
General Manager.
b. Exceptional Cases - In unusual circumstances, when the application of these rules
appears impractical or unjust, the Applicant may refer the matter to the Utilities General
Manager for special conditions, which are agreed upon, prior to commencing
construction. If the matter is not satisfactorily resolved with the Utilities General
Manager, the Applicant may petition the City Council for final determination.
c. Any person who disputes the amount of the fee or the application of the fee shall file a
notice of appeal with the Utilities General Manager within 10 calendar days of receiving
notice that the fee is due. The filing of an appeal shall not relieve the developer of the
obligation to pay the fee in accordance with the preceding paragraph b. Any fees paid
during or prior to an appeal will be held by the Utility until the appeal is determined.
11. Exemptions
a. Any structure of any portion thereof devoted to parking of automobiles.
b. Conversion of a building or structure to a similar or less intensive land use.
c. Reconstruction of any building or structure destroyed by fire or other natural causes.
d. Any building or structure wherein the proposed use is a permitted use under Section
18.61.020 of the ML (Limited Industrial) Zone.
(Continued)
ISSUED BY:
Marcie L. Edwards
~~~
General Manager
11-O1-05
Effective: A~~-9~9 ~ by Resolution No.: 9'9~-1~4~
Superseding Resolution No.: $81~-3~8
99R-142
Dated: 56-9
Dated: 99~~-58
06-22-99
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES
Page No. 3.15.30
The cost of upgrading all water facilities serving the Anaheim Resort as defined herein shall be paid for by
the owners or developers of property requiring such facilities. The procedure set forth herein provides that
the person who develops a parcel of property within the Anaheim Resort, other than for single family
residential or other uses as provided in Section E l 1, shall pay for his proportional share of the cost of
facilities in the form of additional water distribution fees {AWDF). Other fees, which are covered in the
City's Water Rates, Rules, and Regulations shall also be applicable.
1. Definition of Temps
a. Advance -The payment required for financing the installation of upgraded water
facilities within the Anaheim Resort.
b. City -The City of Anaheim, California, a municipal corporation.
c. Commercial, Hotel or Office Development -Any buildings or structures within the
Anaheim Resort hereafter constructed, enlarged, or modified in use wherein the proposed
use is changed to a more intensive use.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: Ob-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (Continued)
Page No. 3.15.31
d. Competitive Bidding Procedure -The process of obtaining sealed construction bids by
the developer far a portion of the upgraded water facilities. The bids must be obtained in
a bid form and bid items approved by the General Manager prior to soliciting for bids.
The developer must obtain a minimum of three bids. The developer will not be allowed
to award the contract and to proceed with the water construction work, until the bids are
submitted to the City and the lowest responsible bid approved by the General Manager.
The bids obtained by the developer shall be from construction contractors licensed by the
State of California and qualified to perform water construction work. The General
Manager will have the authority to reject all bids and request the developer to obtain the
• authority to obtain additional bids. If all bids submitted to the General Manger for
approval are not satisfactory, the City reserves the option to solicit bids for the work
under established City advertising and awarding procedures.
e. DeveloperlApplicant -The person, association, corporation or governmental agency
applying for water service.
f. General Manager -The City of Anaheim Public Utilities General Manager.
g. Additional Water Distribution Fee -Additional Water Distribution Fee (AWDF) shall be
the rate to be charged per square foot of building area for commercial building,
restaurant, hotel, parking structure or per acre of gross area for theme park development.
h. Theme Park Development -Development for recreational purposes such as Disneyland
type or similar development.
(Continued}
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: • 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES(Continued)
Page No. 3.15.32
i. Gross Floor Building Area of Applicant's Development -The total gross floor area as
shown on the building plans submitted to the City for approval including any
amendments, additions or revisions as may be requested by the Applicant or the City,
measured to the nearest square foot.
j. Pay, Paid, Payment - "Make satisfactory financial arrangements" "satisfactorily arranged
for financially," and "satisfactory financial arrangements," respectively, in addition to the
accepted meaning of these terms.
k. Projected Total Development -The Projected Total Development shall be the
incremental projected building square foot growth within the boundaries of the Anaheim
Resort projected by the Public Utilities General Manager, for commercial and office
space development measured to the nearest square foot.
1. Anaheim Resort -The area as per attached drawing No. W2791 as latest revised by the
Water Engineering Division.
m. Anaheim Resort Documents -Shall consist of Drawing Nos. W2791 and W2792 as
latest revised delineating the boundary of the Anaheim Resort, locations and estimated or
actual cost of upgrading water facilities and the AWDF in square feet and in acres. These
documents shall be revised periodically to reflect adjusted AWDF, actual cost of
facilities in place, current cost estimates, and such other casts which may be incurred
annually in direct benefit of the Anaheim Resort;
(Continued)
ISSUED BY: Effective: 07-01_99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES 1Continued~
3. Application of Fee
Page No. 3.15.33
a. Each Developer shall pay an amount for upgraded water facilities calculated by
multiplying the AWDF fee times the Gross Floar Building Area of the Applicant's
Development or AWDF fee times the gross acre of land developed if it's the theme park
development.
b. Each developer shall pay the amount of the fee as calculated pursuant to section E.3.a.
prior to the issuance of the building permit or, if no building permit is issued or required.
prior to water service being provided to the developer's building; provided however that
any failure of the City to collect the fee shall not relieve the developer of its obligation to
pay the fee.
4. Advance
a. When in the opinion of the General Manager, a facility is required to provide proper
service to an Applicant's property, the Applicant shall be required to advance funds as
herein provided for the construction of said facilities.
b. Advances for the upgraded water facilities shall include only those facilities shown on
Drawings No. W2791 as latest revised. Upgraded Water I~acilitics costs shall be based an
the General Manager's estimate, the consulting design engineer's cost estimate, and the
construction bid or the final construction cost, depending in what state of development
the facilities are.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: OG-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd.
Anaheim, CA 92805
RULE N0. i5
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (CONTINUED
c.
d.
e.
f.
g~
Page No. 3.15.34
This cost shall include, but shall not necessarily be limited to, the cost of engineering,
land or offsite right-of--way (including acquisition costs thereof), grading, paving,
telemetry, retaining walls, curbs and drainage facilities, and the cost of all other
improvements and overheads necessary in the opinion of the General Manager, to make
these facilities a permanent operating water installation.
Primary main fees in the Anaheim Resort shall be treated in the manner set forth in Rule
15-A.
Revisions of Advances Due -The General Manager shall revise the Anaheim Resort
Documents periodically to reflect actual cost of facilities in place, current cost estimates
and such other costs adjustments which may be directly related to the Anaheim Resort.
A cast adjustment shall also be made for those facilities yet to be constructed based on
Engineering News Record's (NR) construction cost index. The adjusted cost shall be
used to determine the adjusted AWDF.
Advances shall be computed as the remainder of casts detailed in Section E.4.b. less
Applicant's Fees detailed in Section E.3.a.
Developers who advance funds shall be required to execute contracts with the City of
Anaheim for refunding as required by Section E.4.a, E.4.f., and E.S.a. through E.S.i.
(Continued)
ISSUED BY:
Edward K. Aghjayan
General Manager
Effective: 07-01-99 by Resolution Na.: 99R-142 Dated: 06-22-99
Superseding Resolution No.. 95R-140 Dated: 07-25-95
C1TY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.35
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (CONTINUED
h. In lieu of providing the Advances in accordance with Section E.4.f., the Applicant for
water service that requires Anaheim Resort Area Facilities, shall be permitted, if
qualified in the judgment of the General Manager, to construct and install the facilities
himself or arrange for their installation pursuant to Competitive Bidding Procedures by
Applicant. The Applicant shall provide the General Manager with a statement of actual
construction cost in detail satisfactory to the General Manager. The amount to be treated
as an Advance subject to refund shall be the lesser of (1) the actual cost, or (2) the price
quoted in the General Manager's detailed cost estimate. The installation shall be in
accordance with the plans and specification approved by the General Manager.
i. The City may from time to time, depending on the mutual benefits derived, .advance
funds for certain water facility improvement projects.
5. Refund of Advances
a. Each Advance in excess of the AWDF shall be refunded from subsequent Applicants, in
accordance with a written agreement between the Utility and developer.
b. The total amount of any refund to an Applicant shall not exceed the amount of his
Advance.
c. Refunds shall be subject to any existing Revenue Bond Covenants, and shall be junior to
any present or future bond and note payments.
d. The Utility shall make refunds to the Applicant who made an Advance, or his assignee,
until the amount of the Advance has been paid; without interest.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22; 99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.36
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (CONTINUED)
e. When it has been necessary for the City to advance funds to alter or add to the Anaheim
Resort Facilities, funds available for refunds will first be applied to the City's Advance
before Section E.S.f. is applicable.
f. Where two ar more Applicants in the Anaheim Resort have paid Advances in the
Anaheim Resort, they shall each receive as refunds a proportional amount of the funds
received from AWDF.
g. The proportional yearly amount of refund is determined by mul#iplying the gross amount
available for refund times a weighted factor for each Applicant. The numerator of this
factor is the product of the Applicant's original Advance multiplied by the number of
years since the date of record of the Applicant's Advance. The denominator of this factor
is the sum of the numerators for all applicants eligible for refunds. The number of years
shall be calculated to the nearest month.
h. The Utility shall make yearly refund payments to the eligible Applicants in September of
each year.
i. The first payment by the Utility for a developer's Advance shall be made in September of
the year following completion and acceptance by the Utility of the upgraded water
facility far which the Advance was made.
k. If the City advances funds for a project in the water facilities improvement list, the City
will have the first rights to all reimbursement funds before distribution to other
developers.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: • 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.37
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES ~CONTINUED~
6. Miscellaneous
a. Revision -The General Manager shall revise and update the Anaheim Resort Documents
as outlined in D.l.m provided that such revision shall not affect contracts which have
been executed pursuant to this rule.
7. Ownership, Design and Construction of Anaheim Resort Facilities
a. Any Anaheim Resort Water Improvement Facilities installed hereunder shall become the
sole property of the Utility after acceptance by the City.
b. The design of Anaheim Resort Water Improvement Facilities shall be done by the Utility
or a consulting engineering firm retained by the Utility. The actual construction shall be
done by the Utility, a contractor employed by the Utility, or by a contractor employed by
the applicant, as outlined E.4.h.
c. The construction of water facilities must be accomplished in compliance with the
requirements of any public authority having jurisdiction in the area of work. Any
additional costs incurred in order to comply with these requirements shall become part of
the total cost of the water facility.
8. Estimates, Contract Documents, Plans and Specifications
a. Upon request by a potential Applicant for an Anaheim Resort Water Improvement
Facility, the Utility shall prepare, without charge a preliminary sketch and rough estimate
of the cost of installation to be advanced by said Applicant.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 0(x22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.38
Anaheim, CA 92$05
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (CONTINUED)
b. Any Applicant for an Anaheim Resort Water Improvement Facility requesting the Utility
to prepare detailed plans, specifications and cost estimates shall be required to deposit
with the Utility an amount equal to the estimated cost for preparation of such material.
The Utility shall, upon request, make available within a reasonable period after receipt of
the deposit referred to above, such plans, specifications and cost estimate of the proposed
Anaheim Resort Water Improvement Facility.
c. In the event an Anaheim Resort Water Improvement Facilities contract with the utility is
executed within 180 days after the Utility has furnished the detailed plans and
specifications, the deposit shall become a part of the Advance. If such contract is not so
executed, the deposit to cover the cost of preparing plans, specifications and cost
estimates shall be forfeited by the Applicant.
d. When detailed plans, specifications and cost estimates are requested, the Applicant for
the Anaheim Resort Water Improvement Facility shall furnish the Utility accurate
drawings showing site plan including Gross Floor Building Area of the building(s) to be
developed. 1f changes are made subsequent to the presentation o1' these drawings by the
Applicant, and these changes require additional expense in re~~ising contract documents,
plans, specifications and cost estimates, this additional exp~~nsr shall be borne by the
Applicant, not subject to refunds.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: OG-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd.
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (CONTINUED
9. Timing ~d Adjustment of Advances
Page No. 3.15.39
a. Unless the Applicant for the Anaheim Resort Water Improvement Facilities elects to
arrange for the installation of the Anaheim Resort Water Improvement Facility, as
permitted by Section E.4.h., the fiill amount of the required Advance, or an acceptable
surety bond and/or letter or credit must be provided to the Utility at the time of execution
of the Anaheim Resort Water Improvement Facility agreement prior to issuance of a
building permit.
b. An Applicant for Anaheim Resort Water Improvement Facilities may be required by the
General Manager to deposit sufficient cash to cover the cost of such Facilities in advance
of construction.
c. An Applicant for an Anaheim Resort Water Improvement Facility who advances funds
shall be provided by the Utility with a statement for actual costs. Said statement shall be
submitted within sixty days after the actual costs of the installation have been determined
by the General Manager.
d. Any differences between the actual costs and the amount advanced shall be shown as a
revision of the amount of Advance and shall be payable by the developer or reimbursed
by the City within thirty days of the date of submission of the statement to the Applicant.
(Continued)
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: Ob-22-99
Edward K. Aghjayan Superseding Resolution No.: 95R-140 Dated: 07-25-95
General Manager
CITY OF ANAHEIM
Utilities Financial Services
201 S. Anaheim Blvd.
Anaheim, CA 92805
WATER RATES, RULES
AND REGULATIONS
Page No. 3.15.40
RULE N0.15
MAIN EXTENSIONS
E. ANAHEIM RESORT WATER FACILITIES (CONTINUED)
10. Special Conditions
a. Special Situations -Special conditions of service, facilities and related matters applicable
to these Rules and Regulations not expressly covered, shall be resolved by the Public
Utilities General Manager.
b. Exceptional Cases - In unusual circumstances, when the application of these rules
appears impractical or unjust, the Applicant may refer the matter to the Public Utilities
General Manager for special conditions, which are agreed upon, prior to commencing
construction. If the matter is not satisfactorily resolved with the Public Utilities General
Manager, the applicant may petition the City Council for final determination.
c. Any person who disputes the amount of the fee or the application of the fee shall file a
notice of appeal with the Public Utilities General Manager within 10 calendar days of
receiving notice that the fee is due. The filing of an appeal shall not relieve the developer
of the obligation to pay the fee in accordance with the preceding paragraph b. Any fees
paid during or prior to an appeal will be held by the Utility until the appeal is determined.
11. Exemptions
a. Conversion of a building or structure to a similar or less intensive land use.
b. Reconstruction of any building or structure destroyed by fire or other natural causes.
ISSUED BY: Effecctive: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: None Dated: None
General Manager
CITY OF ANAHEIM WATER RATES, RULES
Utilities Financial Services AND REGULATIONS
201 S. Anaheim Blvd. Page No. 3.15.41
Anaheim, CA 92805
RULE N0.15
MAIN EXTENSIONS
F. ANNEXATION INTO THE ORANGE COUNTY WATER DISTRICT
1. As a condition precedent to the Utility delivering water to a property within its Water Service
Area, that property must be within the Orange County Water District (District) Service Area. It is
the responsibility of the developer to ensure that the proposed development is entirely within the
District and if not, must petition the Board of Directors of District and secure annexation of the
property into the District prior to obtaining water service from the Utility. The developer shall
bear any and all costs related to such annexation to the District.
2. Prior to enactment of Proposition 13 in 1978, District was able to collect, from ad valorem
property tax revenues, sufficient moneys needed to fund its state-mandated purpose of protecting
and managing the Orange County groundwater basin. For all areas annexed into the District since
enactment of Proposition 13, District requires that the Utility pay an annual "annexation charge"
to the District based on the quantity of water delivered to customers within such annexed areas.
3. All water customers, within the designated annexed areas, will be required to pay an annual
"annexation assessment fee" (Fee). The Utility will maintain, in the office of the Water
Engineering Manager, a drawing(s) depicting the current area where the fee applies. The Fee will
be updated annually and will be based on the annexation charge that the Utility paid the District
for the preceding fiscal year. The charge per billing unit (one hundred cubic feet) is derived by
dividing the District's charge by the total quantity of water, in billing units, delivered to customers
within the designated annexation area.
ISSUED BY: Effective: 07-01-99 by Resolution No.: 99R-142 Dated: 06-22-99
Edward K. Aghjayan Superseding Resolution No.: None Dated: None
General Manager
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B S111~PLY S~~~CIYS
11 S•1 New :+~~II #45 ~ Qe~tr~y'~'~II ~#? I_S Cort"~lete~ 5~,~~P3,SSg
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Total ~~st ~~ Lup~ly Sources ,iSS..~'~~
C GAHO T~T~I.. ~;t~~T QI' Fa4~,ILITIES $g~7~;~,I1~7
Less: G'ar~ Total Faas f~aoaved'Throu~h t~'~11~J0~ 15. ~
TAI Oast to Fur~detl hY Future Fees 57,~~~.1~
Q FRQ,~E~TEQ LANG SSE
~rojectaci Total I-te~~~~ Qe~elert Area +~ Res~dcntial. Comm~r~ia1 afd Cl~fioc iS€tuare Feet1 4 `~ .9Sf
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e~r~c~~i ~rvrn the Platinum Triar~le f~EIR ~at~d Sn27-~~15. I~esi~e~tial s = 9,1%5.0~~ s=
a.,ess: Tvlai :Area I`~r ~~~*~ich Fees have ~, paid rn 1G± i~{~ tip ~~'~~+ft~a Oyu I`e~k; -',~~3,iG~
ora~e~e~ Thal I'~ ~lop~-enl Ramain¢ng ~S~uare Feet; 13;?5,~;~~
E GISti F~r~4R 3L1_I)IhdC AR~~ C~tL~; ~UL~'~~"IQ~!
S%'9C?,139 di~de~:y 1;~,~9~,8~3 S~w. ft = ~~~.~~~~
THE G~06S FLOOR AREA FEE IS HEREBY ESTABLISHEf~ ; ~~.~~ ~r~~. FQat
A~~ ~' RULE C3 YifAT~l~ FAQ..
~ aeec~~ ~,r~ w~~ t~ ~- A THE PLAT~Il~N1 T`~I~A~I~E
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