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95-140 RESOLUTION NO. 95R-140 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 NO. 72R-600 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 95R-114 WHEREAS, the City of Anaheim maintains a water transmission and distribution system for the furnishing of water to residents and inhabitants of the City of Anaheim and has adopted Water Rates, Rules and Regulations for the sale and distribution of water; and WHEREAS, on April 24, 1995 and June 8, 1995, notices of the public hearing on revision of the Water Rates, Rules and Regulations were published in the Orange County Register and proof thereof is on file with the Secretary of the Public Utilities Board. WHEREAS, the Public Utilities Board held a public hearing on May 4, 1995, and reopened that hearing on June 15, 1995 and evidence was presented in connection with proposed revisions of Water Rates, Rules and Regulations; and WHEREAS, the Public Utilities Board considered the proposal of the Public Utilities Department and has considered the evidence presented at the public hearing; and, WHEREAS, the Public Utilities Board has made the following findings with respect to the need for changes to the Water Rates, Rules and Regulations: 1. The Water System revenue requirement of the Anaheim Public Utilities Department was established on the basis of projections for the test 1994/95 fiscal year consisting of the twelve months July 1, 1994 through June 30, 1995. The estimated revenue requirement of $32,383,000 is appropriate for the test period. 2. It is appropriate to perform a cost of service study in order to determine the allocated revenue requirement for the test period for the following customer classes: Single-Family Residential, Multifamily Residential, Commercial/Industrial, Municipal, Agriculture, Outside- City Residential, Outside-City Commercial, Temporary, and Private Firelines. 3. The estimated total allocated annualized revenue requirement is $32,415,159. The Customer Class revenue requirements, on a utility basis for FY 1994-1995, as determined by the cost of service study prepared by CH2MHill, an outside consulting firm retained by the Department, are appropriate for the test period. 4. Section 1221 of the City Charter provides that utility rates charged to a class of customers shall be uniform within the class and shall be based on cost of service revenue requirement for the class. 5. It is reasonable and prudent and a recognized utility industry practice to phase in restructuring changes to mitigate the impacts of large rate changes. Due to the significant impact of these proposed changes on large users, it is reasonable to phase in the rate restructuring. The rate restructuring plan would bring each class' revenue requirement to cost of service, as defined by the CH2MHill cost of service study, by July 1, 1999. It is reasonable and appropriate to implement the water rate changes contained in Appendix D of the Staff Report which represent the 1.5% system revenue increase and the first phase of the transition plan. It is also reasonable and appropriate to authorize and direct the Public Utilities General Manager to use the ~ rate components contained in Attachment F of the Staff Report to administratively implement the remainder of the transition plan. 6. It is reasonable and appropriate to simplify the rate structure to set rates with equal customer charges for the same meter size for all customer classes. 7. It is reasonable and appropriate to have uniform volume rates for all classes of customers. 8. It is reasonable and appropriate to charge a 25% surcharge to those customers who receive water service but who live outside the City limits. 9. It is reasonable and appropriate to streamline the number of customer classes by combining small classes or combining classes that have similar usage characteristics. It is appropriate to combine the municipal class, the agriculture class, and the residential-agriculture class with the commercial- industrial class. 10. It is reasonable and appropriate to update the Water Commodity Adjustment based on the new methodology of eliminating a calculation for base-year water supply costs. 11. It is reasonable to begin implementation of drought rates for possible future implementation as needed. It is also reasonable to begin the design of a weather normalization fund to mitigate weather-related revenue fluctuations. 12. Reasonable and appropriate estimates for service fees and charges are contained in the proposed Water Rates, Rules and Regulations. WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act (CEQA) and made the following findings: 1. The establishment of these rates as set forth above will ensure adequate revenues necessary to meet water supply costs, operation and maintenance expenses, capital expenditures, debt service requirements, reserve amounts, intracity transfers, and other necessary operating and maintenance expenses. 2. The matters covered above come within Section 21080(b) (8) of the Public Resources Code of the State of California. Section 21080 (b) (8) states that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges which the public agency finds are for the purpose of meeting operating expenses, materials, meeting financial reserves, obtaining funds for capital projects necessary to maintain service within existing service areas, or obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. Thus, the establishment of these rates is exempt from CEQA. 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 water rates as presented; and WHEREAS, based on findings made by 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 is statutorily exempt, under the California Environmental Quality Act, Public Resources Code, Section 21080(b) (8), in accordance with Title 14 of the California Administrative Code Section 15273(a). WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth hereinabove, with the following modifications: NOW, THEREFORE BE IT RESOLVED that: 1. The findings of the Public Utilities Board as set forth herein are hereby adopted by the City Council of the City of Anaheim without the proposed 1½ % rate increase. 2. The changes and additions to the Water Rates, Rules and Regulations as shown in Attachment A are hereby adopted by the City Council of the City of Anaheim as modified to remove the proposed 1~ % rate increase and will become effective September 1, 1995. 3. The Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish, and implement changes to 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 on this 25th day of July,1995. CITY CLERK OF CITY OF ANAHEIM 12715.1\hqOSES\September % 1996 STATE OF CALIFORNIA ) COUNTY Of ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-140 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of July, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None v AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-140 on the 25th day of July, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of July, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-140 was duly passed and adopted by the City Council of the City of Anaheim on July 25th, 1995. CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT A CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. ii Anaheim, CA 92805 RATES, RULES AND REGULATIONS TABLE OF CONTENTS EFFECTIVE PAGE TITLE DATE NO. Title Page 12-19-72 i Table of Contents 09-01-95 ii continued 09-01-95 iii continued 09-01-95 iv continued 03 -24-93 v continued 09-01-95 vi Water Utility Policy 12-19-72 1.0.1 Rate Schedules 09-01-95 2.0.1 Schedule W-CA; Commodity Adjustmere Clause 094) 1-95 2.1.1 continued 09-01-95 2.1.2 continued 09-01-95 2.1.3 continued 09-01-95 2.1.4 continued 09-01-95 2.1.5 continued 09-01-95 2.1.6 continued 07-01-95 2.1.7 continued 07-01-95 2.1.7.2 (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 0%25-95 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. iii Anaheim, CA 92805 RATES, RULES AND REGULATIONS TABLE OF CONTENTS EFFECTIVE PAGE TITLE DATE NO. Schedule W-PS; High Elevation Pumping Surcharge 08-01-86 2.1.8 continued 09-01-95 2.1.9 continued 07-01-95 2.1.10 Schedule W-R; Residential Service Single-Family Accommodation 09-01-95 2.2.1 Schedule W-RM; Residential Service - Multi-Family Accommodations 09-01-95 2.3.1 Schedule W-G; General Water Service 09-01-95 2.4.1 Schedule W-RO; Residential Service - Outside City Limits 09-01-95 2.5.1 continued 07-15-80 2.5.2 Schedule W-GO; General Water Service - Outside City Limits 09-01-95 2.6.1 continued 07-15-80 2.6.2 Schedule W-PFL; Private Fireline Semce 09-01-95 2.8.1 continued - Outside City Limits 09-0 1-95 2.8.2 Schedule W-T; Temporary Service 09-01-95 2.9.1 continued 09-17-93 2.9.2 Schedule W-MU; Municipal Water Service - Umetered Services 09-01-95 2.11.1 (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-185 Dated: 09-14-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Pa§c No. iv Anaheim, CA 92805 RATES, RULES AND REGULATIONS TABLE OF CONTENTS EFFECTIVE Page TITLE DATE NO, Rules and Regulations 09-01~89 3.0.1 Rule No. 1; Detiulfions 09-01-95 3.1.1 continued 09-01-95 3.1.2 continued 09-01-95 3.1.3 continued 09-0 1-95 3.1.4 continued 09-01-95 3.1.5 continued 09-27~88 3.1.6 Rule No. 2; Description of Service 09-27-88 3.2.1 Rule No. 3; Application for Service 09-01-95 3.3.1 continued 09-01-89 3.3.2 Rule No. 4; Contracts 12-19-72 3.4.1 Rule No. 5; Special Information Required on Forms 09-01-95 3.5.1 continued 09-0 1 ~89 3.5.2 Rule No. 6; Establishment & Reestablishment of Credit 09-01-95 3.6.1 continued 09-01-95 3.6.2 Rule No. 7; Deposits 09-01-95 3.7.1 Rule No. 8; Notices 09-01-89 3.8.1 Rule No. 9; Rendering and Payment of Bills 09-01-95 3.9.1 continued 09-01-95 3.9.2 Rule No. 10; Disputed Bills 09-01-95 3.10.1 continued 11-04-93 3.10.2 Rule No. 11; Discontinuance and Restoration of Sen, ice 09-01-95 3.11.1 continued 09-01-95 3.11.2 continued 03-24-93 3.11.3 continued 09-01-95 3.11,4 Rule No. 12; Information Available to Public 12-19-72 3.12.1 Rule No. 13; Temporary Service 09-17-93 3.13.1 continued 09-17-93 3.13.2 Rule No. 14; Continuity of Sen, ice 07-01-84 3.14.1 (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Da~,xl: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-195 Dated: .10-05-93 General Manager CITY OF ANAI-~IM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. PagcNo. vi Anaheim, CA 92805 RATES, RULES AND REGULATIONS TABLE OF CONTENTS EFFECTIVE PAGE TITLE DATE NO. Rule No. 15; Main Extensions continued 09-01-95 3.15.36 continued 09-01-95 3.15.37 continued 09-01-95 3.15.38 continued 09-01-95 3.15.39 continued 09-0 1-95 3.15.40 continued 09-01-95 3.15.41 continued 09-01-95 3.15.42 continued 09-01-95 3.15.43 continued 09-01-95 3.15.44 continued 09 -01-95 3.15.45 continued 09-01-95 3.15.46 continued 09-01-95 3.15.47 Rule No. 16; Service Connections, Meters, and Customers' Facilities 07-03-95 3.16.1 continued 07-03-95 3.16.2 continued 07-03-95 3.16.2.1 continued 07-03-95 3.16.3 continued 01-01-92 3.16.4 continued 01-01-92 3.16.5 continued 07-03-95 3.16.6 Rule No. 17; Meter Tests and Adjustment of Bills for Errors 07-01-95 3.17.1 continued 07-01-95 3.17.2 centineud 07-01-95 3.17.3 Rule No. 18; Service to Separate Premises and Multiple Units, and Resale of Water 09-27-88 3.18.1 Rule No. 19; Measurement of Sen, ice 12-19-72 3.19.1 Rule No. 20; Fire Protection 07-03-95 3.20.1 continued 03-24-93 3.20.2 Rule No. 21; Service Charges 07-03-95 3.21.1 ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.0.1 Anaheim, CA 92805 RATE SCHEDULES Schedule No. Title Pa~e No. W-CA Commodity Adjustment Clause 2.1. W-PS High Elevation Pumping Surcharge 2.1.8 W-R Residential Sen4ce - Single Family Accommodation 2.2. W-RM Residential Senrice - Multi-Family Accommodations 2.3. W-G General Water Service 2.4. W-RO Residential Service - Outside City Limits 2.5. W-GO General Water Senrice - Outside City Limits 2.6. W-PFL Private Fireline Service 2.8. W-T Temporary Service 2.9. W-MU Municipal Water Service - Unmetered Services 2. I I. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Gordon W. Hoyt Superseding Resolution No.: 80R-304 Dated: 07-15-80 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.1.1 Anaheim, CA 92805 SCHEDULE W-CA COMMODITY ADJUSTMENT CLAUSE A. APPLICABILITY Applicable to all areas served by the Utility and to all rate schedule commodity charges. B. PURPOSE To provide for the automatic adjustment of the Utility's water rate schedule commodity charges per 100 cubic feet whenever the cost per acre foot (A.F.) of water is increased due to changes in the Orange County Water District (OCWD) pump tax and basin equity assessment, the Metropolitan Water District of Southern California (MWD) and the Municipal Water District of Orange County (MWDOC) acre foot charge for treated and untreated water, and fixed charges such as a readiness charge, a connection charge, or a demand charge; and/or the costs of electricity associated with underground water production. To provide for the automatic adjustment of the Utility's water rate schedule commodity charges per 100 cubic feet to recover expenditures made or proposed wiLhin a designated time period, not to exceed one year, to accommodate Federal and/or State mandated rules and regulations pertaining to water quality. To establish the method for determining the cost of water per acre foot and any resulting change (to the nearest mill) to the rate schedule commodity charges per 100 cubic feet. C. COST OF WATER The cost of water shall be the sum of the percent of water pumped times its total cost per A.F. plus the percent of water purchased times its total costs per A.F. (including appropriate fixed charges). The total cost per A.F. of pumped water is the sum of the OCWD pump ~x plns the cost of electricity to pump water per A.F. The total cost per A.F. of purchased water is the IVIWD price per A.F. for treated or untreated water (including appropriate fixed charges) or the MWDOC price per A.F. for treated or untrcated water. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayun Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2,1.2 Anaheim, CA 92805 SCHEDULE W-CA COMMODITY ADJUSTMENT CLAUSE D. AMOUNT OF ADJUSTMENT Previously, the commodity adjustment calculation included an adjustment for the base year 1971- 72 cost of water. Effective September 1, 1996, the calculation methodology shall reinran the same in all respects with the exception of the base-year calculation. The calculation shall not include a base-year adjustment. (Continued ISSUED BY: Effective: 09-01-95 by ResolufionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan Superseding Resolution No.: 80R-304 Dated: 07-15-80 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S, Anaheim Blvd. Page No. 2.1.3 Anaheim, CA 92805 SCHEDULE W-CA COMMODITY ADJUSTMENT CLAUSE D. AMOUNT OF ADJUSTMENT (Continued) Effective September 1, 1995, the Agricultural Customer Class is combined with the General Commercial/Industrial Customer Class, thereby, eliminating the Agricultural Commodity Adjustment. The percent of water to be pumped and purchased (including fixed charges) established as of July I each fiscal year shall apply in any commodity adjustment computation throughout that fiscal year. The amount of the commodity adjustment and the data elements required to compute the commodity adjustment for the five most recent changes shall be shown in the COMMODITY ADJUSTMENT SUMMARY Section. E. COST OF WATER OUALITY ADJUSTMENT The cost of the Water Quality Adjustment shall be calculated in accordance with the following formula. The Formula is: a+b+c d {expressed to the nearest $0.001 per 100 cubic fee0 (a) The estimated expenditures for water quality improvements for a designated period. An amount equal to five percent (5%) of (a) immediately above. (c) Water Quality Improvement Adjustment Accoant ending balance. (d) The total estimated water sales for a designated period. A Water Quality Adjustment Account shall be maintained by the Department. Entries to this account shall include: (a) An amount equal to water quality expenditures as recorded during the month. v Co) Less: An amount equal to revenue billed during the time period that is attributable to the Water Quality Adjustment. F. APPLICATION OF COMIVlODITY ADJUSTMENT The commodity charge for all rate schedules shall be adjusted as necessat3t by the Utilities General Manager to reflect the cost per A.F. of water at that time and to reflect mandated expenditures for water quality improvements. The increased cost of water shall be rounded to the nearest mill per 100 cubic feet and added to the commodity charge for each rate block of each water schedule rate charge. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.1.4 Anaheim, CA 92805 SCHEDULE W-CA COMMODITY ADJUSTMENT CLAUSE G. COMMODITY ADJUSTMENT SUMMARY The amount of the commodity adjustment and the data elements required to compute the commod~ity adjustment for the five most recent changes shall be shown in this section. FISCAL YEAR 1993/94 1993/94 1994/95 1995/96 1995/96 Effective Date 07/01/93 09/17/93 07/01/94 07/01/95 09/01/95 Percent To Be Pumped 75% 75% 75% 75% 75% Purchased 25% 25% 25% 25% 25% OCWD Basin Production 75% 75% 75% 75% 75% Percentage Source Pumped A.F. 53,018 53,018 53,280 53,977 53,977 Percent 74.9% 74.9% 74.9% 74.9% 74.9% Purchased MWD A.F. (Treated) 4,866 4,866 4,773 6,190 6,190 Pement 6.9% 6.9% 6.7% 8.6% 8.6% MWD (Intermptible Treated) A.F. 0 0 0 0 0 Percent 0.0% 0.% 0.0% 0.0% 0.0% MWD (Treated-Seasonal) A.F. 1,000 1,000 1,500 1,920 1,920 Percent 1.4% 1.4% 2.1% 2.7% 2.7% MWD (Untreated-Seasonal) A.F. 0 0 0 0 0 Percent 0.0% 0.0% 0.0% 0.0% 0.0% MWD (Untreated) A.F. 590 590 3,777 9,982 9,982 Percent 0.8% 0.8% 5.3% 13.9% 13.9% MWD (Interruptible Untmated) 0 0 0 0 0 A.F. Percent 0.0% 0.0% 0.0% 0.0% 0.0% MWDOC (Treated) A.F. 11,316 11,316 7,810 0 0 Percent 16.0% 16% 11% 0.0% 0.0% Total 70,790 70,790 71,140 72,069 72,069 Cost Per A.F. ($) OCWD Cost Per A.F. Domestic 88.50 67.50 88.00 85.00 85.00 Agriculture 88.50 67.50 88.00 85.00 85.00 Electrical Pumping Cost 45.47 44.17 45.61 50.02 50.02 OCWD Basin Equity Assessment 215.50 215.50 219.00 345.00 345.00 (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.1.5 Anaheim, CA 92805 SCHEDULE W-CA COMMODITY ADJUSTMENT CLAUSE G. COMMODITY ADJUSTMENT SUMMARY (Continued) FISCAL YEAR 1993/94 1993/94 1993/95 1995/96 1995/96 Effective Date 07/01/93 09/17/93 07/01/94 07/01/95 09/01/95 Cost per A.F. ($) (Continued) MWD Cost Per A.F. (Treated) Domestic 385.00 385.00 412.00 426.00 426.00 Agriculture 385.00 385.00 412.00 426.00 426.00 MWD Cost Per A.F. (Interruptible-Treated) Domestic N/A* N/A * N/A N/A N/A Agriculture N/A* N/A * N/A N/A N/A v MWD Cost Per A.F. (Treated-Seasonal) Domestic 275.00 275.00 275.00 285.00 285.00 Agriculture 275.00 275.00 275.00 285.00 285.00 MWD Cost Per A.F. (Untreated-Seasonal) Domestic 208.00 208.00 222.00 229.00 229.00 Agriculture 208.00 208.00 222.00 229.00 229.00 MWD Cost Per A.F. (Untreated) Domestic 318.00 318,00 335.00 344.00 344.00 Agriculture 318.00 318.00 335.00 344.00 344,00 MWD Cost,Per A.F. (Untreated- Interruptible) Domestic 205.00 205.00 N/A N/A N/A Agriculture 205.00 205.00 N/A N/A N/A ~ MWDOC Cost Per A.F. (Treated) Domestic 387.00 387.00 414.00 N/A~ N/A Agriealturc 387.00 387.00 414.00 N/A N/A Average Cost Per A.F. ($) Domestic 195.20 178.49 196.73 194.94 194.94 Agriculture 195.20 178.49 196.73 194.94 194.94 · Interrupfible rates not offered for this time period (continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseating Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Setvices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.1.6 Anaheim, CA 92805 SCHEDULE W-CA COMMODITY ADJUSTMENT CLAUSE G. COMMODITY ADJUSTMENT SUMMARY (Continued) FISCAL YEAR 1993/94 1993/94 1994/95 1995/96 1995/96 Effective Date 07/01/93 09/17/93 07/01/94 07/01/95 09/01/95 Cost per A.F. ($) (Continued) Increase Per A.F. Compared to Base Year ($) Domestic 166.30 149.59 167.83 166.04 N/A Agriculture 176.35 159.64 177.88 176.09 N/A Commodity Adjustment - Source ($ Per 100 Cubic Feet**) Domestic 0.399 0.359 ** 0.410'* 0.444** 0.515 Agriculture 0.423 0.383 ** 0.435** 0.468** N/A* * Agriculture Commodity Adjustment eliminated. Domestic Commodity Adjustment applies to all * * Includes Water Quality Adjustment Componam per 100 cubic feet of: 1993-94 1994-95 1995-96 $(.0010) $0 $,0370 (Continued) ISSUED BY: Effective: 094)1-95 by ResolufionNo.: 95R-140 Dated: 07-25-9~ Edward K. Aghjayan Superseding Resolution No.: 93R45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.1.9 Anaheim, CA 92805 SCHEDULE W-PS HIGH ELEVATION PUMPING SURCHARGE D. AMOUNT OF HIGH ELEVATION ADJUSTMENT (Continued) 2) The pumping surcharge amount is then computed by dividing the cost per A.F. by 435.6 hundred cubic feet per A.F. See following example for 1981-82: $52.08 .-' 435.6 = $0.119 per A.F.: 3) The amount of the high elevation commodity adjustment and the data elements required to compute the commodity adjustment shall be shown in the HIGH ELEVATION PUMPING SURCHARGE SUMMARY Section each time the commodity adjustment is changed during the fiscal year. E. APPLICATION OF HIGH ELEVATION PUMPING SURCHARGE The high elevation pumping surcharge for all rate schedules shall be adjusted as necessary by the Utilities General Manager to reflect the pumping cost per A.F. of water in the high elevation urea. n~, The increased cost of water shall be rounded to the nearest mill per 100 cubic feet and added to the commodity charge for each rate block of each water schedule rate churge. The 22 percent Special Facilities Surcharge defined in Rule No. 15, Section B, is not applicable to the high elevation pumping surcharge amount. F. HIGH ELEVATION PUMPING SURCHARGE SUMMARY FISCAL YEAR I993/94 1993/94 1994/95 1995/96 1995/96 Effective Date 07/01/93 09/17/93 07/01/94 07/01/95 09/01/95 Electric Rate Effective 03/24/93 03/24/93 01/03/94 01/02/95 01/02/95 Date A.F of Water Pumped 3,615(1) 3,744(2) 4,375(3) 4,560(4) 4,111 (3) in HIgh Elevation Area Booster Pump kWh* Parkview 535,480(1) 534,600(2) 419,520(3) 407,520(4) 419,520 (3) n~, Westridge 272,720(1) 261,200(2) 266,880(3) 228,240(4) -266,880 (3) Via Arboles 112,900(1) 115,200(2) 113,400(3) 97,620(4) . 113,400 (3) Hidden Canyon 966,140(1) 990,740(2) 922,970(3) 943,680(4) 922,970 (3) Weir Canyon 506,000(1) 504,240(2) 604,520(3) 695,800(4) 604,520 (3) Summit 389,040(1) 416,960(2) 582,480(3) 668,880(4) 582,480 (3) Booster Pump $ $234,417 $237,743 $249,990 $263,309 $249,990 Rates 15&17 Cost Per A.F. - $ $64.84 $63.50 $57.14 $57.74 $60.81 Pumping Surcharge $0.149 $0.146 $0.131 $0.133 $0.140 Amount ($ Per 100 Cubic Feet) (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95E-140 Dated: 07-25-95 EdwardK. Aghjayan Superseding Resolution No.: None Dated: 07-01-95 General Manager CITY OF ANAHEIM WATER RATES~ RULES Utilities Financial Services AND REGUL/~TI~ ONS 201 S. Anaheim Blvd. Page No. 2.2.1 Anaheim, CA 92805 SCHEDULE W-R RESIDENTIAL SERVICE - SINGLE-FAMILY ACCOMMODATION APPLICABILITY Applicable to all consumers of water within the city limits of Anaheim for general domestic and household purposes in a single-family accommodation. RATE (31) PER METER, PER. MONTH Customer Charge: 5/8" X 3/4" Meter $ 5.09 1" Meter 6.70 1 1/2" Meter 9.37 2" Meter 12.58 Commodity Charge: (To be added to Customer Charge) Per 100 Cubic Feet $0.596 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the currein commodity adjustment and purefling surcharge amounts are located in Schedules W-CA and W-PS. Miramum Charge: The minimum charge shall be the monthly customer charge. SPECIAL CONDITION This schedule is subject to Schedules W-CA, W-PS and rules and regulations of the Utility. ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R45 Dated: 03-09-93 General Manager crrY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.3.1 Anaheim, CA 92805 SCHEDULE W-RM RESIDENTIAL SERVICE - MULTI-FAMILY ACCOMMODATIONS APPLICABILITY Applicable to all consumers of water within the city limits of Anaheim for general domestic use to two (2) or more dwelling units using water through a common service and occupying premises held under one ownership such as apartment houses, housing courts, mobile home courts, also to planned umts and condominium developments sendeed through a common sen4ce. RATE (32) PER METER, PER MONTH Chmtomer Charge 5/8" X 3/4" Meter $ 5.09 1" Meter 6.70 1 1/2" Meter 9.37 2" Meter 12.58 3" Meter 21.14 4" Meter 30.77 6" Meter 57.52 8" Meter 89.62 10" Meter 157.89 Commodity Charge: (To be added to Customer Charge) Per 100 Cubic Feet $ 0.465 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amounts are located in Schedules W-CA and W-PS. Minimum Charge: The minimum charge shall be the monthly customer charge. SPECIAL CONDITION This schedule is subject to Schedules W-CA, W-PS and rules and regulations of the Utility. ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.4.1 Anaheim, CA 92805 SCHEDULE W-G GENERAL WATER SERVICE APPLICABILITY Applicable to all commercial, industrial, municipal, residential-agricultural, and agxicnitural consumers of water within the city limits of Anaheim and for all water service not covered by other specific schedules including landscape watering. RATE (33) PER METER, PER MONTH Customer Charge: 5/8" X 3/4" Meter $ 5.09 1" Meter 6.70 I I/2" Meter 9.37 2" Meter 12.58 3" Meter 21.14 4" Meter 30.77 6" Meter 57.52 8" Meter 89.62 10" Meter 157.89 Commodity Charge: (To be added to Customer Charge) Per 100 Cubic Feet I $ 0.386 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amounts are located in Schedules W-CA and W-PS. MAnimam Charge: The minimum charge shall be the monthly customer charge. SPECIAL CONDITIONS A. This schedule is subject to Schedules W-CA, W-PS and rules and regulations of the Utility. B. A customer shall not resell water to another person. Each meter point will be considered as one customer. Water associations or companies taking delivery of water hereunder must take delivery at one point, and distribute and account for each of their members' usage. ISSUED BY: Effective: 09-01-95 by RasolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.5.1 Anaheim, CA 92805 SCHEDULE W-RO RESIDENTIAL SERVICE - OUTSIDE CITY LIMITS APPLICABILITY Applicable to all consumers of water outside of the City limits of the City of Anaheim for general domestic and household purposes in a single-family accommodation, or to two (2) or more dwelling units using water through a common service, and occupying premises held under one ownership such as apartment houses, housing courts, mobile home courts, also to planned units and condominium developments se~iced through a common service. RATE (34) PER METER PER MONTH Customer Charge: 5/8" X 3/4" Meter $ 6.36 1" Meter 8.38 1 1/2" Meter 11.71 2" Meter 15.73 3" Meter 26.43 4" Meter 38.46 6" Meter 71.90 8" Meter 112.03 10" Meter 197.36 Commodity Charge (To be added to Customer Charge): Per 100 Cubic Feet $ 0.745 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amounts axe located in Schedules W-CA and W-PS. Minimum Charge: The minimum charge shall be the monthly customer charge. SPECIAL CONDITION A. This schedule is subject to Schedules W-CA, W-PS and rules and regulations of the Utility. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.6.1 Anaheim, CA 92805 SCHEDULE W-GO GENERAL WATER SERVICE - OUTSIDE CITY LIMITS APPLICABILITY Applicable to all consumers of water outside the city limits of the City of Anaheim for all water service not covered by other specific schedules. RATE (39) t PER METER, PER MONTH Customer Charge: 5/8" X 3/4" Meter $ 6.36 1" Meter 8.38 1 1/2" Meter 11.71 2" Meter 15~73 3" Meter 26.43 4" Meter 38.46 6" Meter 71.90 8" Meter 112.03 10" Meter 197.36 Commodity Charge: (To be added to Customer Charge) Per 100 Cubic Feet I $ 0.483 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amounts are located in Schedules W-CA and W-PS. Minimum Charge: The minimum charge shall be the monthly customer charge. (Continued) ISSUED BY: Effective: 09-01-95 by ResulutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.8.1 Anaheim, CA 92805 SCHEDULE W-PFL PRIVATE FIRELINE SERVICE APPLICABILITY Applicable to all consumers of water within the area served by the Utility for private firelines used for fire protection whether said lines are connected with automatic sprinkling systems or private fire hydrants. RATE (36) I PER METER PER MONTH Customer Charge: 1" Meter $ 4.53 I 1/2" Meter 6.32 2" Meter 8.47 3" Meter 14.19 4" Meter 20.63 6" Meter 38.51 8" Meter 59.98 10" Meter 105.62 Commodity Charge: (To be added to Customer Charge) For all water supplied as recorded by the detector check valve bypass meter. Per 100 Cubic Feet I $ 0.711 The current commodity adjustment mount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amounts are located in Schedules W-CA and W-PS. Minimum Charge: The minimum monthly charge shall be the monthly customer charge. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-185 Dated: 09-14-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.8.2 Anaheim, CA 92805 SCHEDULE W-PFL PRIVATE FIRELINE SERVICE RATES (Continued RATE (37) - Outside City Limits PER METER PER MONTH Customer Charge: 1" Meter $ 5.66 1 I/2" Meter 7.90 2" Meter 10.59 3" Meter 17.74 4" Meter 25.79 6" Meter 48.14 8" Meter 74.98 10" Meter 132.03 Commodity Charge: (To be added to Customer Charge) For all water supplied as recorded by the detector check valve bypass meter. Per 100 Cubic Feet [ $.0.889 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amounts are located in Schedules W-CA and W-PS. Minimum Charge: The minimum monthly charge shall be the monthly customer charge. SPECIAL CONDITIONS A. This schedule is subject to Schedules W-CA, W-PS and rules and regulations of the Utility. B. This schedule is restricted to use for fire extinguishing or for testing purposes, or for testing fire extinguishing equipment. If consumer, in the opinion of the Utility, is using water in a volume that cannot be recorded on the bypass meter, the Utility will discontinue service until a meter is installed (at customer's expense) to record all water used. ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 97. r25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-185 Dated: 09-14-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.9.1 Anaheim, CA 92805 SCHEDULE W-T TEMPORARY SERVICE APPLICABILITY Applicable for construction work, circuses, Christmas tree lots, bazaars, fairs, plumbing pressure testing, or other similar uses, where the installation of a permanent service connection is considered impractical. Temporary meters will be used for this type of service after an appropriate application and deposit have been made. RATES RATE (48) - Metered Connections PER METER PER MO1VI~ Customer Charge: Per inch of meter size $ 6.70 Commodi~ Charge: Per 100 cubic feet $ .913 The current commodity adjustment amount and pumping surcharge amount, as applicable, shall be added to the above commodity charge. The explanations of the current commodity adjustment and pumping surcharge amount are located in Schedules W-CA and W-PS. Miramum Charge: The minimum charge shall be the customer charge. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-185 Dated: 09-14-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.11.1 Anaheim, CA 92805 SCHEDULE W-MU MUNICIPAL WATER SERVICE - UNMETERED SERVICES APPLICABILITY Applicable to water service for buildings or facilities operated and maintained by the City of Anaheim where a metered service is considered impractical. RATE (44) Per service connection per month $ 50.25 SPECIAL CONDITION This schedule is subject to the rules and regulations of the Utility. ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 97-25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.1 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Additional Responsible Party: Any person inhabiting a domestic service location and benefiting from utility service shall be equally responsible for the payment of bills rendered for utility services at that location. Applicant: The person, association, corporation or governmental agency applying for water service. Application: A written request to the Utility for service as distinguished from an inquiry as to the availability of, or charges for such service. Billing Period: The time interval between two consecutive meter readings that are taken for billing purposes. Budget Billing: A customer may choose to receive billing statements at regular interval which will distribute the average annual consumption of the costomer over equal payment installments for one year. At the end of the one-year period, the customer will receive a credit towards future bills or a bill for the differential consumption used during that p~ceding one-year period. City: The City of Anaheim, California, a municipal corporation. City Clerk: The City Clerk of the City of Anaheim, Califorma City Council; The City Council of the City of Anaheim, California Class of Water Service: The categories of water service established by the various Rate Schedules. The classes of service are Residential Service, General Water Service, Irrigation Water Service, Private Fire Line Service, Temporary Service and Municipal Water Service. Customer: The person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service, or, in the absence of a signed instrument, by the receipt and payment of bills or summary bills regularly issued in his name mgardiess of the identity of the actual user of the service. A customer may also be a party with whom the City of Anaheim is doing business with or without a billing relationship or who is receiving benefit of utility service under another party's name. Customer Information System (CIS): The computer data base and information system that contains all billing and personal data penuining to utility customers of the City of Anaheim including billing rates, historical utility consumption, associated charges and meter information. The focus of the system is at the customer level supported by promise and service levels. Customer's Mailing Address: The address specified in a Customer's application or contract, or any other address subsequently given to the Utility by the customer, to which any notice or other communication is to be mailed. Date of Presentation: The date upon which a bill or notice is mailed or delivered by the Utility to the customer. Distribution Mains: Pipelines located in streets, highways, public ways or private right-of-way, exclusive of service connections, which are used to serve the general public with water. (Continued) ISSUED BY: Effective: 094)1-95 by Rasulution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 88R-368 Dated: 09-27-88 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.2 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS East Santa Aria Canyon Area: That portion of land which is subject to terminal reservoir storage fees and transmission main fees as provided for in Rule 15-C of the Water Rates, Rules and Regulations. Fire Service: The piping, fittings and valving necessary to conduct water for fire protection purposes from the distribution main to and through the tireline assembly detector check valve. General Manager: General Manager of the City of Anaheim, Public Utilities Department or a designee. General Water Sexyice: The cinss of water service to commercial and industrial consumers, and all other consumers not covered under the other classes of service. Gross Area of Applicant's Property: The contiguous land area owned or controlled by an applicant, including streets, but excluding open areas for which water service will not be required within a Special Facilities District, pins one-half of the land area of the abutting streets to which legal, recorded access exists at the time of application for water service. High Elevation System: The portion of the Utility's service area which cannot be served by gravity from the August F. Lenain Filtration Plant. Intermittent Service: Service which, in the opinion of the Utility, is subject to discontinuance for a time or at intervals. Jurisdiction: A speckfled area within which a rate schedule or schedules apply. Low Elevation System: The portion of the Utility's sen, ice area which can be served by gravity from the August F. Lenain Filtration Plant. Mailed: Any notice or other communication will be considered "mailed" when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States Post Office Box, postage prepaid. Main Extension: The extension of water distribution mains beyond existing facilities in accordance with the provisions of the rule applicable to main extensions filed ns part of these tariff schedules. Meter: The instrument used for measuring the water delivered to the customer. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 89R-361 Dated: 08-22-89 General Manager CITY OF ANAHEIM wATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.3 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Multifarmly Accommodation: An apartment building, duplex, mobilehome park, court group, or any other group of residential units located upon a single premises, providing the residential umts therein meet the requirements for a single-family accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts and trailer courts, consisting primarily of guest rooms and/or transient accommodations, are not classed as multifamily accommodations. Multiple Occupancy Building: A building of multiple occupancy provided with continuous out wall construction including, but not limited to, apartments, condominiums, townhouses, and commemial buildings. Municipal Service: Utility Services supplied to other City of Anaheim departments. Permanent Service: Service which, in the opinion of the Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nantre. Person: Any individual, group, or organization operating as a single entity. Planrang Department: The Planning Department, Building Division, of the City of Anaheim, California. Point of Delivery: The point where the piping of the Utility is connected to the piping of the customer, regardless of the location of the Utility's meter. Premises: A legally defined individual lot in a tract of land or any other individual parcel of real property not further subdivided. Primm*y Distribution Mains: The system of distribution mains which forms a grid to supply water to all portions of the Water System. These rnmus generally are located within seconda~ and h/gher classification streets, but may be in other rights-of way. Public Utilities Board: The Public Utilities Board as appointed by the City of Anaheim City Council. Rate Area: A specified area within which a rate schedule or schedules apply. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 89R-361 Dated: 08-22-89 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.4 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Rate Charges: Charges in the rate schedules may include the following: Commodity Charge: That portion of the charge for service which varies with the amount of water consumed in accordance with the rate schedule. Customer Charge: That portion of the charge for service which is a fixed amount without regard to water consumption in accordance with the rate schedule. Minimum Charge: The least amount for which service will be rendered in accordance with the rate schedule. Residential Service: The class of water service supplying water to single and multifamily accommodations for household purposes, including water used on the premises for sprinkling lawns, gardeus and shrubbery; washing vehicles, and other similar and customary purposes pertaining to single or multifamily accommodations. Residential Unit: A residential dwelling unit consisting of a room or group of rooms which do not qualify as single- family dwellings. Residential units may be used as permanent primzay dwellings, as transient tenant accommodations, and by organizations or groups of persons. When a residential unit is used as a permanent primary residence, use shall be domestic service. When such umts used by a transient tenant, an organization, or a group of persons, use shall be nondomestic or general service. Rules: Tariff pages which set forth the application of all rates, charges and services when such applicability is not set forth in and as a part of the rate schedules. Seasonal Service: Service to establishments or domestic units which receive variations in rate schedules based on summer or winter seasonal periods. Secondary Distribution System: All water distribution facilities which supply water from the primary distribution system or primary distribution mains to the service connection. These facilities are generally located within collector and local streets, but may be on other rights-of-way. The secondary distribution system includes, but is not limited to: Mains, pressure regulators and fire hydrant installations. Sen, ice Connection: The pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter. Single-Family Dwelling or Accommodation: A house, apartment, or other dwelling unit which is used as a residence by a single family. (Continued) ISSUED BY: Effcctivc: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan SupersedingResohitionNo.: 88R-368 Dated: 09-27-88 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.1.5 Anaheim, CA 92805 RULE NO. 1 DEFINITIONS Special Facilities: Pumping and storage facilities needed to serve the High Elevation System. 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 property times the Special Facilities Charge Rate. Special Facilities Charge Rate: The average rate to be charged per acre, or fraction of gross area of applicant's properly. 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. Special Facilities District: An area within the High Elevation System where a Special Facilities Charge is calculated by the Utility to pay for the Special Facilities within that area. Sununary Bill: A customer account billing statement that includes charges for multiple service locations. Any customer with a minimum of two service locations with single or multiple utility services can choose to receive a summary bill. Tariff Page: An individual page of the tariff schedules. Tariff Schedules: The entire body of effective rates, rentals, charges, and rules collectively of the Utility, as set forth herein, and including title page, preliminary statement, rate schedules, list of contracts and deviations, rules, and sample forms. Temporary Service: Service for enterprises or activities which are temporary in character, or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered temporary service. Tract or Subdivision: An area which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large scale builder or by several builders working on a coordinated basis. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 88R-368 Dated: 09-27-88 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.3.1 Anaheim, CA 92805 RULE NO. 3 APPLICATION FOR SERVICE A. APPLICATION FOR SERVICE Each applicant for utility service may be required to sign an application on a form provided by the Utility and, upon request, will be required to furnish the following information: 1. Name of applicant. 2. Date and place of application. 3. Location of premises to be served. Date applicant will be ready for service. 5. Whether the premises have been heretofore supplied. 6. Purpose for which service is to be used. 7. Customer's mailing address. 8. Whether applicant is owner or tenant of, or agent for, the premises. 9. Rate schedule desired if optional rate is amiable. 10. Information to establish credit of applicant. 11. Such other information as the Utility may reasonably require. The above information may be supplied by the applicant either in writing or by telephone ff the applicant's signature is not required. An application for water service shall be required for each individual connection to the public water system. A single application for water seorice may include more than one connection to the public water system when all connections are made at the same relative time as part of a single development under single ownership. The owner of a single development which is coustmcted in phases shall complete at least one application per phase of development. ~ The application is a request for service and does not in itself bind the Utility to serve except under its filed tariff schedules, nor does it bind the customer to take sen, ice for a longer period than the minimum requirements of the rate schedule. B. INDIVIDUAL LIABILITY FOR JOINT SERVICE Two or more persons who join in one application or contract for sexyice shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill or smmn~ bill mailed to the person designated on the application to receive the bill or smmun~y bill. C. CHANGE IN CUSTOMERS' EOUIPMENT OR OPERATIONS Customers shall give the Utility written notice of the extent and natare of any material change in the size or character of the plumbing, equipment or opomfions for which the Utility is supplying sen, ice before making any such change. (Continued) ISSUED BY: Effective: .09-01-95 by ResohitionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 86R-350 Dated: 08-01-86 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.5.1 Anaheim, CA 92805 RULE NO. 5 SPECIAL INFORMATION REQUIRED ON FORMS A. CONTRACTS Each contract for water service shall contain the following provision: "This contract shall at all times be subject to such changes or madificatious by the City Council of the City of Anaheim as said City Council may, from time to time, direct in the exercise of its jurisdiction." B. UTILITY BILL The following statements will be printed on each utility bill: 1. "Bill or suramary bill is due and payable upon receipt." Payment should be made to the City of Anaheim or an authorized agent. 2. "PROCEDURES FOR PROCESSING PAYMENT OF DISPUTED UTILITY BILL Should you have a question regarding this bill or summary bill, please request an explanation from the Customer Services Division of the City of Anaheim, within 10 days after receiving the bill. Your request may be made by telephone (714 254-0125) or in writing (Customer Senrice Manager, Public Utilities Department, P.O. Box 3222, Anaheim, California 92803). If, al~er you receive the explanation from Customer Service, you still believe you have been billed incorrectly, you have ten days to send your entire remittance (payable to the City of Anaheim) with the bill or summary bill and a written statement sethrig forth the reasons why you believe the bill or smmnary bill is not correct to the General Manager, Public Utilities Department, P.O. Box 3222 Anaheim, California 92803, to avoid discontinuance of service. Upon timely receipt of the written statement, the General Manager will review the basis of the billed amount and communicate the results of the review and decision to the customer. If the matter is not satisfactorily resolved with the General Manager, you may petition the Public Utilities Hearing Board for final determination. In the absence of a timely filed appeal, the decision of the Public Utilities General Manager will be final." C. DISCONTINUANCE OF SERVICE NOTICE (48 hr. final notice) The following statement will be printed on each discontinuance of service notice: ~ "ff payment is not received by 5:00 p.m. on the date shown above your service will be disconnected without further notice. Full payment of the bill or summary bill plus any reconnection charges will be required prior to any restoration of services. A deposit may be required to ~establish your credit, whether or not service is disconnected for nonpayment." "Tampering with meter or unauthorized breaking of seal constitutes a misdemeanor. Charges for equipment replacement must be paid in advance of restoring the service." ISSUED BY: Effective: 09-01-95 by ResuhitionNo.: 95R-140 Dated: 07:25-95 EdwardK. Aghjayan SupersedingRasohitionNo.: 93R-195 Dated: 10-05-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Sen4ces AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.6.1 Anaheim, CA 92805 RULE NO. 6 ESTABLISHMENT AND REESTABLISHMENT OF CREDIT A. ESTABLISHMENT OF CREDIT - ALL CLASSES OF SERVICE Each applicant for utility service will be required to satisfactorily establish credit which will be deemed established upon qualifying under any one of the following: 1. If applicant makes a cash deposit to secure payment of bills or sununa~ bills for service in the amount prescribed in Rule No. 7; or 2. If applicant furnishes a guarantor, satisfactory to the Utility, to secure payment of bills or sununary bills for service requested; or 3. If applicant has been a customer of the Utility for a similar type of senrice within the past two years and during the past twclve consecutive billing periods of that prior sen~ice has had not more than two final notices as prescribed in Rule No. 11-B, provided that the periodic bill for such previous service was equal to at least 50% of that estimated for the new service and ~" provided further, that the credit of the applicant is unimpaired in the opinion of the Utility; or 4. If applicant's credit is otherwise established to the satisfaction of the Utility. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 92R-189 Dated: 09-01-92 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.6.2 Anaheim, CA 92805 RULE NO. 6 ESTABLISHMENT AND REESTABLISHMENT OF CREDIT B. REESTABLISHMENT OF CREDIT - ALL CLASSES OF SERVICE 1. An applicant who previously has been a customer of the Utility and whose service has been discontinued by the Utility one or more times during the past twelve billing periods of that prior service because of non-payment of bills or summary bills, may be required to reestablish credit by (1) depositing the amounts prescribed in Rule No. 7 for that purpose, or (2) furnishing a guarantor in the amount prescribed in Rule No. 7 satisfactory to the Utility, to secure payment of bills or summary bills for service requested, and by paying utility bills or summary bills regularly due; except, an applicant for residential service will not be denied service for failure to pay such bills for other classes of service. 2. A customer who falls to pay bills or sununa_ry bills before they become past due as prescribed in Rule No. 1 l-B, and who further falls to pay such bills by the date indicated on a discontinuance of service notice for nonpayment of bills, may be required to pay said bills and reestablish his credit by depositing the amount prescribed in Rule No. 7. This rule will apply regardless of whether or not service has been discontinued for such non-poyment. 3. A customer may be required to reestablish his credit in accordance with Rule No. 6-A in case the conditions of service or basis on which credit was originally established have, in the opinion of the Utility, materially changed. ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 92R-189 Dated: 09-01-92 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.7. Anaheim, CA 92805 RULE NO. 7 DEPOSITS A. GENERAL Deposits will be required when a customer is otherwise unable to satisfactorily establish or reestablish credit as set forth in Rule 6. B. AMOUNT OF DEPOSIT The amount of deposit required to establish or reestablish credit for service is twice the estimated average bill or an amount equal to the expenses incurred by the department in supplying the service plus a sum equal to twice the estimated average bill for such sen, ice; but in no case shall the amount be less than the minimum deposit as set forth in Rule 21. C. RETURN OF DEPOSIT 1. Upon discontinuance of service, the Utility will refund the customer's deposit or the balance in excess ~' of the unpaid bills for service; except the City shall not be required to refund any advanced deposit where the cost to the City for processing such refund, which is herewith determined to be five dollars ($5.00), exceeds said advanced deposit balance. 2. After the customer has paid bills or summary bills for service for twelve consecutive billing periods without having had more than two final notices, as defined in Rule No. 1 l-B, the Utility will refund the deposit. If the customer has had more than two final notices, the Utility will thereafter review the account every twelve billing periods and will refund the deposit after the customer has not had more than two final notices during the twelve billing periods prior to any ~view. 3. The Utility may return the deposit at any time upon request, provided the customer's credit may otherwise be established in accordance with Rule No. 6. D. INTEREST ON DEPOSITS There shall be no interest paid on utility deposits held by the City. E. DEPOSITS FOR TEMPORARY SERVICE Deposits for temporary service shall be as specified in Rule No. 13, Temporary Service. ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140. Dated: 0%25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.9.1 Anaheim, CA 92805 RULE NO. 9 RENDERING AND PAYMENT O1~ BILLS A. RENDERING OF BILLS 1. Billing Period. Bills for water service will be rendered bimonthly, monthly, or as otherwise provided in the tariff schedules. 2. Metered Seaice, a. Bills or smmna~ bills for mewred sen, ice will be based on meter registrations. Meters will be read as required for the preparation of regular bills, sununary bills, opening bills and closing bills. b. if, because of unusual conditions or for reasons beyond its control, the Utility is unable to read the customer's meter on the scheduled reading date, the Utility may bill the customer for estima~i consumption during the billing period, and make any necessary corrections when a n~. reading is obtained. Estimated consumption for this purpose will be calculated considering the customer's prior usage, the Utility's experience with other customers of the same class in that area, and the general characteristics of the customer's operations. Adjustments for any underestimate or overestimate of a customer's consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required. Access to the meter, sufficient to permit its being read, shall be provided by the customer as a prerequisite to the Utility making any adjustment of water consumption billed on an estimated basis. 3. Pro Rata Computation. a. All bills or sunmm~ bills for water sen, ice rendered will be computed in accordance with this applicable thirty-day rate schedule, but the amount of the customer, sen, ice, or minimum charge, specified therein will be prorated on the basis of the ratio of the number of days service has been rendered to the number of days in an average month of thirty-days. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 0%25-95 Edward K. Aghjayan Superseding Resolution No.: 89R-361 Dated: _08-22-89 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.9.2 Anaheim, CA 92805 RULE NO. 9 RENDERING AND PAYMENT OF BILLS A. RENDERING OF BILLS (Continued) b. When the total period of service is less than 30 days, no prorations will be made, and the bill shall not be less than the monthly minimum. B. READINGS OF SEPARATE METERS NOT CoMErNED For the purpose of billing, each meter upon the customer's premises will be considered separately, and the readings of two or more meters will not be combined, except as follows: 1. Where combination of meter readings are specifically provided for in the tariff schedules. 2. Where the Ufility's operating convenience requires the use of more than one meter per service connection. C. PAYMENT OF BILLS 1. All bills or sunrotary bills are due upon receipt. Payment shall be made at the City of Anaheim, Division of Collections. 2. Bills for connection or reconnection of sen, ice and payments for deposits or to reinstate deposits as required under the rules of the Utility stroll be paid before service will be connected or reconnected. D. RETURNED CHECK CHARGE The Utility may require payment of a returned check charge equal to that permitted under the City of Anaheim Municipal Code for any check returned from the bank unpaid. E. FUND VERIFICATION FEE The Utility may require a fund verification fee if the utility deems it neeessmy to verify that the customer has sufficient funds in their bank when a customer, who is paying their account with a personal cheek, has been disconnected for non-payment of service or has a history of non-sufficient funds. Rule No. 21 contains above referenced charges. ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan SupersedingResolutiunNo.: 95R-114 Dated: 06-20-95 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Senrices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.10.1 Anaheim, CA 92805 RULE NO. 10 DISPUTED BILLS A. A customer who feels that his/her bill or sumtory bill is in error must first contact the Customer Service Division by phone or in writing within ten (10) days after receiving the bill or sintartary bill to attempt to resolve the disputed bill or summary bill. Failure to do so will authorize discontinuance of service in accordance with Rule No. 11. B. If, after contact with the Customer Service Division, the customer believes the bill or summary bill is still incorrect, the customer must, within ten (10) days allcr receiving the explanation from Customer Service, send his/her remittance for the antire amount of the disputed bill (payable to the City of Anaheim) along with a written statomcnt setting forth the reasons why the customer believes the bill or sunurmy bill is incorrect to the Public Utilities General Manager, Public Utilities Department, P.O. Box 3222, Anaheim, California 92803. C. Failure of the customer to file a written statement with the Public Utilities General Manager within ten ~' (10) days aller receipt of the review explanation from the Customer Service Division will constitute acceptance by the customer of the bill or sunmm~ bill as rendered, and authorize discontinuance of service in accordance with Rule No. 11. D. Upon timely receipt of the written statement, the Public Utilities General Manager or his designee will review the basis of the billed amount, and communicate the results of the review and decision to the customer. E. If before completion of the Public Utilities General Manager's review, additional bills or sununary bills become due which the customer wishes to dispute, the customer will not be required to file the dispute with the Customer Service Division, as slated in Rule 10.A. above; but will be required to send his/her remitlance (payable to the City of Anaheim) for the entire amount of the additional bills or sramamy bills disputed to the Public Utilities General Manager and file additional written statements within ten (10) days after receipt of such bills, setting forth the reasons why the customer believes the additional bills or sununary bills are incorrect. Failure to do so will authorize discontinuance of service in accordance with Rule No. 11. F. If the bill or summary bill is not satisfactorily resolved with the Public Utilities General Manager or his designee the customer may appeal to the Public Utilities Hearing Board who will then make the final ~" determination on any unresolved bill disputes. The appeal must be submitted in writing to ~e chairman of the Public Utilities Board, together with reasons for the dispute within seven (7) days following receipt of the Public Utilities General Manager's review. In the absence of a timely filed appeal, the decision of the General Manager shall be final. Upon receipt of a timely appeal, a hearing will be held by the Public Utilities Hearing Board within sixty (60) days of receipt of a request for appeal. A written decision of the Public Utilities Hearing Board shall be delivered to the customer by personal delivery or certified mail within fffieen (15) days following the appeal heating. The decision of the Public Utilities Hearing Board shall be final. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: .95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: .93R-195 Dated: 10-05-93 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Sen~ices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.11.1 Anaheim, CA 92805 RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE A. PAST DUE BILLS Bills or summa~. bills rendered will be considered past due ff not paid within fifteen (15) days alter date of presentation. B. NONPAYMENT OF BILLS 1. When a bill or sununa~ bill for utility service has become past due and an overdue notice and final notice have been issued, service may be discontinued fithe bill or smmna~ bill is not paid within the time required by such notice. A charge will be assessed ffpersonal 48-hour notification is delivered. Any customer who contests a bill or summa~ bill and has initiated a complaint or requested an investigation within 5 days of receiving said bill shall not have service discontinued for nonpaymem during the pendency of an investigation by the City of such custome?s dispute or complaint. Services shall not be discontinued for nonpayment for any customer complying with an amortization agreement entered into with the City, provided the customer also keeps current the account for utility services as charges accrue in each subsequent billing peried. ff a customer fails to comply with an amortization agreement, the City will give a 7-day discontinuance of service notice before discontinuing services, but such notice shall not entifie the customer to further investigation by the City. 2. Utility services to a domestic customer will not be discontinued for non-payment when the customer has established to the satisfaction of the City that such termination would be especially dangerous to the health of the customer or a full time resident of the customer's household. Certification from a licensed physician, public health nurse, or a social worker may be required by the City. The City shall make available to customers, upon request, information regarding agencies and/or organizations that may'provide financial assistance. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 92R-189 Dated: 09-01-92 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.11.2 Anaheim, CA 92805 RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE B. NONPAYMENT OF BILLS (Continued) 3. A customers service may be discontinued for nonpayment of a bill or summa~ bill for service previously rendered him at any location served by the Utility provided such bill is not paid within 15 days after presentation of a notice that present service will be discontinued for nonpayment of such bill or smmuary bill for prior service. However, residential service will not be discontinued because of nonpayment of bills for other classes of service. 4. If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment. However, residential service will not be discontinued because of nonpayment of bills or smmuary bills for other classes of service. 5. Under no circumstances may service be discontinued for nonpayment of a bill or sunumu~ bill to correct previously billed incorrect charges for a period in excess of the preceding three months, unless ~" such incorrect charges have resulted from the customer not abiding by the tariff schedules. 6. Bills or sunun~ bills collected on the premises by a field utility representative shall include a collection fee. This charge is contained in Rule 21. 7. On any Saturday, Sunday, legal holiday recognized by the City of Anaheim, or at any time during which the business office of the City is not open to the public, service will not be discontinued by reason of delinquency in payment for utility services. C. UNSAFE EOUIPMENT The Utility may refuse or discontinue service to a customer if any part of his plumbing or other equipment, or the use thereof, shall be determined by the Utility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any ' (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dat~:d: .07-25-95 EdwardK. Aghjayan SupersedingResohifionNo.: 92R-189 Dated: .09-01-92 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.11.4 Anaheim, CA 92805 RULE NO. 11 DISCONTINUANCE AND RESTORATION OF SERVICE H. CUSTOMER'S REQUEST FOR PERMANENT SERVICE DISCONTINUANCE When a customer desires to terminate his responsibility for service, he shall give the Utility not less than two days' notice of his intention, state the date on which he wishes the termination to become effective, and provide the Utility with the address to which the closing bill should be minied. A customer may be held responsible for all service furnished at the premises until two days after receipt of such notice by the Utility or until the date of termination specified in the notice, whichever date is later. CUSTOMER'S REOUEST FOR TEMPORARY DISCONTINUANCE OF SERVICE Where the use of water is seasonal or intermittent, no adjustment will be made for a temporary reduction of usage. Any customer who resumes service within twelve months must pay all charges that would have been billed had service been continuous. RESTORATION--RECONNECTION CHARGE The Utility will require payment of a reconnection charge for each incident in which the service(s) were disconnected before restoring service that has been discontinued for nonpayment of bills or for failure otherwise to comply with tariff schedules. If service(s) have been restored illegally or damaged due to tampering, the customer must pay all damage charges prior to reconnection. The customer and/or beneficiary of service is responsible for all damage charges whether or not service is reconnected. In case the customer places a request on a day when maximum workload has been scheduled, an additional charge will be made. These charges are contained in Rule 21. ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07~25-95 Edward K. Aghjayan Superseding Resolution No.: 93R-45 Dated: 03-09-93 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 NO. 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 Ant Canyon as defined herein shall be paid for by the owners or developers of property benefiting from such facilities. The procedure set forth herein provides that the person who develops a parcel of property within the East Sanha Ant Canyon Area shall pay his proportional share of transmission and terminal storage facilities in the form of Transmission and Terminal Storage Acreage Feesl .Other fees, which are covered in Rules 15-A and 15-B of the City's Water Rates, Rules and Regulations shall also be applicable. 1. Definition of Terms a. "East Sanha Ant Canyon Area" - That portion of the Water Utility's service area located generally south of the Sanha Ant 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 v Utilities Department, Water Engineering Division. b. "Transmission Facilities and Terminal Storage Facilities" - Those facilities associated with those certain pipelines and reservoirs deemed neeessay7 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 dim benefit to the East Santa Ant Canyon Area. c. "Primary Distribution Main" - The primary distribution portion of the 36 inch water main serving the East Santa Ant Canyon is hereby defined as 33.24% of the capacity and cost of the 36 inch water main constructed from the existing City system in the vicinity of Molder Drive and Santa Ant Canyon Road to the most southerly boundmy of the Bauer Ranch Development as shown as Phase I and Phase la on Drawing W2389-B. The primmy distribution 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 W-2389, shall be as designated by the Public Utilities General Manager based on hydraulic studies. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 97-25-95 Edward K. Aghjayan Superseding Resolution No.: 88R-368 Dated: 99-27-88 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Sen, ices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.16 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES 1. Definition of Terms d. "Transmission 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 Moblet Drive and Santa Aria Canyon Road to the most southerly botmdary of the Bauer Ranch Development as shown as Phase 1 and Phase la, on the latest ~'vision of Drawing W2389. The transmission portion of the water main continuing south in Weir Canyon Road to the Term/hal Storage Reso~nirs, 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. e. "Terminal Storage Facilities" - Terminal storage facilities are defined as approximately v twenty million gallons of Terminal Reservoir Storage which will be located within the East Santa Aria Canyon Area. f. "Transmission and Terminal Storage Acreage Fees" - Transmission aad Terminal Storage Acreage Fees shall be the rate to be charged per acre of gross area of Applicant's property. This rate is to be computed by dividing the gross area within the East Santa A~a Canyon Area into the cost of Transmission and Terminal Storage Facilities determined to be of direct benefit to the East Santa Aria Canyon as shown on Drawing W-2389. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Super~edhng Resolution No.: 88R-092 Dated: 08-04-87 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.17 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILITIES (Continued) 1. Deftration of Terms g. "East Santa Aria Canyon Area Documents" - Shall consist of the latest revision of Nos. W-2389, and W-2393 delineating the bounda~ of the East Santa Ana Canyon Area, location and estimated or actual cost of transmission and terminal storage facilities and gross area in acres. These documents shall be revised periodically to reflect adjusted gross area, actual cost of facilities in place, current cost estimates, and such other costs which may be incurred asmually in direct benefit of the area described in Rule 15-C. 2. Comoutatiun of Char~es a. Transmission Facilities Acreage Fees - Transmission Facilities Acreage Fees shall be computed on the basis of estimated or actual costs of construction of the Transmission Facilities as defined in Rule 15-C-l-d, as adjusted by an amount equal to any change in the Engineering News Record (ENR) construction cost index, as provided for in Rule 15-C-4-e, since the date of completion for those Transmission Facilities previously installed, and dividing such total costs by the gross acreage remaimng to be developed within the East Santa Aria Canyon Area as shown on the East Santa Aria Canyon Area Doctunents, 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 ane-hundredth acre of the gross acreage. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: 91R-337 Dated: 12-17-91 General Manager CITY OF ANAHEIM wATER RATES, RULES Utilities Financial Sen, ices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.18 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACILft11~S (Continued) 2. Comoutafion of Char~es b. Terminal Storage Facilities Fees - Terminal storage facilities fees shall be computed on the basis of the estimated or actual costs of construction of the Terminal Storage Facilities as defined in Rule 15-C-l-e, and dividing the total cost 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-hundredth acre of the gross acreage. c. Acreage fees for Terminal Storage and Transmission Main Facilities within the east Santa Aria Canyon area, subsequent to the first initial phases of development, shall be v paid prior to recerdation of any Final Tract or Parcel Map. Acreage fees shall be required on tracts in their entirety. Payment of acreage fees for portions of a tract shall not be accepted. 3. Advances a. When, in the opinion of the General Manager, Public Utilities Department, a facility, or a portion of a facility, is required to provide proper sentice to an Applicant's property, the Applicant shall be reqmred to advance funds as herein provided for the construction of said facilities. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan SuporsedingResulutionNo.: 88R-368 Dated: 09-27-88 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.20 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE FACIL).TI~,S (Continued) 4. Timing and Revision of Advances Applicants in the East Santa Ana Canyon Area shall be required to pay advances, which may consist of fees and construction cost advances by one or more of the following methods. a. if, in the opinion of the General Manager, additional funds are required to construct terminal storage and transmission main facilities in excess of the terminal storage and transmission main fees, the applicant shall enter into an agreement with the City which provides for the advance of additional funds to construct the required facilities. The agreement shall provide for the reimbursement of funds in e~xcnss of the terminal storage and transmission main fees which are in effect at the lime the agreement is entered into. v b. In the event the advance consists only of the terminal storage and/or transmission main acreage fees, the fees shall be paid prior to recordation of any Final Tract or Parcel Map. Acreage fees shall be required on tracts in their entirety. Payment of acreage fees for portions of a tracts shall not be accepted. c. Primao, mains in the East Santa Canyon Area shall be treated in the manner set forth in Rule No. 15-A. d. Revision of Advances Due - The Water Utility will maintain on file in its offices documents delineating the East Santa Aim Canyon Area Transmission and Terminal Storage Facilities (W-2389 and W-2393). The Water Utility shall revise these documents as necessary to reflect acreage adjustments, actual cost of facilities in place, current cost estimates and other costs which may be related to the East Santa Aria Canyon Area Transmission and Terminal Storage Facilities. (Continued) ISSUED BY: Effective: 09-01-95 by l~solufionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan SupereedingResehitionNo.: 89R-361 Dated: 08-22-89 General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Scndces AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.36 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILi'i'11~S The cost of upgrading all water facilities serving the Anaheim Resort as defined heroin 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 11, shall pay for his proportional share of the cost of facilities in the form of additional water distribution fees (AWDF). O~er fees, which are covered in the City's Water Rates, Rules, and Regulations shall also be apphcable. 1. Definition of Terms 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, Hntel 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: 09-01-95 by ResolutionNo.: 95R-140 Da~:l: 07-25-95 Edward K. Aghjayan Superseding Resolution No.: None Dated: None General Mariagot CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.37 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILITIES (Continued) d. 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 construcfon work, until the bids are submitted to the City and the Iowast responsible bid approved by the General Manager, The bids obtained by the developer shall be from construction contractors licon,~d by the State of California and qnalil~ed 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. ff 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. Developer/Applicant - The person, association, corporalion 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: 09-01-95 by RccolutionNo.: 95R-140 Dated: 0%25-95 EdwardK. Aghjayan Superseding Resolution No.: None Dated: None General Manager crrY OF ANAHEIM WATER RATES, RULES Utilities Financial Sendces AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.38 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS ANAHEIM RESORT WATER FACILITIES(Continued) 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. Ahabelm Resort - The area as per attached drawing No. W as latest revised by the Water Engineering Division. m. Anaheim Resort Documents - Shall cor~xst of Drawing Nos. __ and __ 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 costs which may be incurred annually in direct benefit of the Anaheim Resort. (Continued) ISSUED BY: Effective: 09-01~95 byResolutionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan Supcrr, eding Resolution No.: None~ Dated: None General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No, 3.15.39 Anah(~m, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILITIES (Continued) n. Anaheim Resort Water Facility Fund - A fund into which the AWDF Fees and Advances are deposited and expenditures are made from in connection with upgrading all water facilities in the Anaheim Resort. 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. o. Upgraded Water Facilities - Those facilities which have been determined to be necessary to provide domestic and fire flows to the Anaheim Resort. as shown on Drawing W- on file at the City of Anah(~m, Public Utilities Department, Water Engineering Division. p. Utility - The City of Anaheim, Public Utilities Department Computation of Fee a. Additional Water Distribution Fees shall be computed on the ba~s of the estimated or actual costs of construction of the upgraded Water Facilities divided by the projected square footage of gross building area in each Development Category or in acre of land developed if it is a theme park as defined in Section E.l.g. b. The Anaheim Resort Document, Drawing No. , as latest revised, shall be the official record of water facility improvement and the fee as computed per section E.2.a. (Continued) ISSUED BY: Effective: 0~.-01-95 by ResolulionNo.: 95R-140 Dated: 07-25-95 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. 3.15.40 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILITIES (CONTINUED) 3. Avolication of Fee a. Each Developer shall pay an amount for upgraded water facilities calculated by multiplying the AWDF fee times the Gross Floor Building Area of the Applicant's Development or AWDF fee times the gross acre of land developed ff ifs the theme park development. b. Each developer shall pay the amount of the fee as culeulated pursuant to soetiun E.3.a. prior to the issuance of the building permit or, ff no building permit is issued or required, prior to water service be'rag 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 Applicont'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. __ as latest revised. Upgraded Water Facilities costs shall be based on the General Manager's estimate, the consulting design engineer's cost estimate, and the construction bid or the final oonslruetian cost, depending in what state of development the facilities are. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 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 NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILITIES (CONTINUED) This cost shall include, but shall not necessarily be limiteA to, the cost of engineering, land or offsitc right-of-way (including acquisition costs thereof), grading, paving, telemetry, retaimng walls, curbs and drainage facilities, and the cost of all other improvements and overheads necessmy in the opinion of the General Manager, to make these facilities a permanent operating water installation. c. Primmy main fees in the Anaheim Resort shall be treated in the manner set forth in Rule 15-A. d. 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. e. A cost 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. f. Advances shall be computed as the remainder of costs detailed in Section E.4.b. less Applicant's Fees detuiled in Section E.3.a. g. 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.5.a. through E.5.i. (Continued) ISSUED BY: Effective: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan SupersedingResolutionNo.: None Dated: None General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.42 Anaheim, CA 92805 RULE NO. 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, ff qualified in the judgment of the General Manager, to construct and install the facilities himseft 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 Msrmgcr's detailed cost estimate. The installation shall be in accordance with the plans and specification approved by the General Matroger. 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. Refunds shall be subject to any existing Revenue Bond Covenants, and shall be junior to any present or future bond and note payments. The Utility shall make refunds to the Applicant who made an Advance, or his assignee, until the amount of the Advance Ires been paid, without interest. (Continued) ISSUED BY: Effective: 09-01-95 by Resolution No.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan Superseding Resohition No.: None Dated: None General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Se~,ices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.43 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILITIES (CONTINUED) e. When it has been necessao, 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.5.f. is applicable. f. Where two or more Applicants in the Anaheim Resort have paid Advances in the Anaheim Resort, they shall each receive as refunds a proportional amount of the timds received from AWDF. g. The proportional yearly amount of refund is determined by multiplying the gross amount available for refund times a weigh~,xl factor for each Applicant. The namevator 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 v 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. k. ff 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: 09-01-95 by ResolufionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Superseding Resolution No,: None Dated: None General Manager CITY OF ANAHElM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.44 Anaheim, CA 92805 RULE NO. 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 ~ffect contracts which have been executed pur~ant to this rule. 7. Ownershio. Design and Construction of Anaheim Resort Facilities a. Any Anaheim Resort Water Improvement Facilities inslalled hereunder shall become the sole property of the Utility at~cr 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 Soocitlcatioas 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: 09-01-95 by ResolutionNo.: 95R-140 Dated: 07-25-95 Edward K. Aghjayan Supersoding Resolution No.: None Dated: None General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.45 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILri'11~S (CONTINUED) b. Any Applicant for an Anaheim Resort Water Improvemere Facility requesting the Utility to prepaxe detailed plans, specifications and cost estimates shall be required to deposit with the Utility an mount equal to the estimated cost for preparation of such material. The Utility shall, upon request, make available within a re~oanble period after receipt of the deposit referred to' above, such plans, specifications and cost estimate of the proposed Anaheim Resort Water Improvement Facility. ¢. In the event an Anaheim Resurt Water Improvement Facilities contract with the utility is exeeu~xl within 180 days at~r the Utility ha~ funfished the detailed plans and specifications, the deposit shall boome a part of the Advance. If such contract is not so executed, the deposit to cover the cost of p~paring 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. ff 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 home by the Applicant, not subject to refunds. (Continued) ISSUED BY: Effective: 09-01-95 byResolutionNo.: 95R-140 Dated: 07-25-95 EdwardK. Aghjayan SupersedingResulutionNo.: None Dated: None General Manager CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.46 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILITIES (CONTINUED) 9. Timing and Adjustment of Advances 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 full mount 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 Reson 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 a~er 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: 09-01-95 by ResulufionNo.: 95R-140 Daled: 07-25-95 Edward K. Aghjayan Suparsoding Resolution No.: None Dated: None General Manager CiTY OF ANAHEIM WATER RATES, RULES Utilities Financial Sen, ices AND REGULATIONS 201 S. Anaheim Blvd. Page No. 3.15.47 Anaheim, CA 92805 RULE NO. 15 MAIN EXTENSIONS E. ANAHEIM RESORT WATER FACILfI'IES (CONTINUED) 10. Special Conditions a. Special Situations - Special conditions of service, facilities and related maners applicable to these Rules and Regulations not expressly covered, shall be resolved by the Public Utilities General Manager. b. Exceptional Cases ~ In unusual circumslaaces, 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. ff 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 an~ount 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 detenalned. 11. Exemptions a. Conversion of a building or structure to a similar or less intensive land use. b. Reconstruction of any building or structure demoyed by fire or other natural causes. ISSUED BY: Effective: 09-01-95 by ResolutionNo.: ~5R-140 Dated: 07-25-95 Edward IC Aghjayan Superseding Resolution No.: _None Dated: None General Manager