83R-331
RESOLUTION NO. 83R-331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RATES, RULES AND REGULA-
TIONS FOR THE SALE AND DISTRIBUTION OF WATER
AS HERETOFORE ADOPTED BY THE CITY OF ANAHEIM.
WHEREAS, the City of Anaheim maintains a water distribu-
tion system for the furnishing of water to residents and inhabit-
ants of the City of Anaheim and has adopted Water Rates, Rules and
Regulations ("Rules") for the sale and distribution of water; and
WHEREAS, it is the policy of the City Council that
Anaheim's Water Utility shall be self-supporting from charges made
by the City for water furnished to consumers and for services
rendered in connection therewith; and
WHEREAS, the Public Utilities Board has heretofore consi-
dered the hereinafter specified amendment to said Rules; and
WHEREAS, the Public Utilities Board of the City of
Anaheim recommended to the City Council that the Council adopt the
hereinafter specified amendment to said Rules; and
WHEREAS, the City Council has considered the proposed
amendment and concurs with the recommendation of the Public
Utilities Board as set forth hereinabove.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the Water Rates, Rules and Regulations here-
tofore adopted by the City Council be amended by the addition of
new Section C to Rule 15 thereof to read as follows:
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Page No. 3.15.15
RULE NO. 15
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MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES
The costs of all transmission and terminal storage facilities serving
the East Santa Ana Canyon Area as defined herein shall be paid for
by the owners or developers of property benefiting from such facili-
ties. The procedure set forth herein provides that the person who
develops a parcel of property within the East Santa Ana Canyon Area
shall pay his proportional share of transmission and terminal storage
facilities in the form of Transmission and Terminal Storage Acreage
Fees. Other fees, which are covered in Rule IS-A, and IS-B of the
City's Water Rates, Rules and Regulations shall also be applicable.
1. Definition of Terms
a. "East Santa Ana Canyon Area" - That portion of the Water
Utility's service area located generally south of the Santa
Ana River and extending to the Orange-Riverside County- line,
as shown on Drawing No. W-2389 on file at the City of
Anaheim, Public Utilities Department, Water Engineering
Division.
b. "Transmission Facilities and Terminal Storage Facilities" -
Those facilities associated with those certain pipelines and
reservoirs deemed necessary by the Water Utility to provide
~ater in an efficient and reliable manner, and which have
been determined by the Water Utility to be of direct benefit
to the East Santa Ana Canyon Area.
02435080983
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Page No. 3.15.16
RULE NO. 15
-
MAIN EXTENSIONS
(Continued)
C. "EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES" (Continued)
c. "Primary Distribution Main" - The primary distribution por-
tion of the 36 inch water main serving the East Santa Ana
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 Mohler Drive and Santa Ana Canyon
Road to the most southerly boundary of the Bauer Ranch
Development as shown as Phase I on Drawing W2389.
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 Mohler Drive and Santa Ana Canyon Road to the
most southerly boundary of the Bauer Ranch Development as
shown as Phase I on Drawing W2389, and 100% of the capacity
and cost of a 36 inch water main constructed from the most
southerly boundary of the Bauer Ranch Development to the
ultimate location of the Terminal Storage Reservoir as shown
as Phase II on Drawing W2389. Two-thirds (2/3) of said
Transmission Facilities as herein defined have been deter-
mined to be of direct benefit to the East Santa Ana Canyon
Area. The remaining one-third (1/3) portion of said Trans-
mission Facilities has been determined to be of benefit to
the existing service area outside the East Santa Ana Canyon
area.
02435080983
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Page No. 3.15.17
RULE NO. 15
.-
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
e. "Terminal Storage Facilities" - Terminal storage facilities
are defined as approximately thirty million gallons of
reservoir storage located within the East Santa Ana Canyon
Area.
Terminal storage directly benefiting the East Santa Ana
Canyon Area has been determined to be two-thirds (2/3) of
the total terminal storage capacity or approximately 20
million gallons. The remaining one-third (1/3) or 10
million gallons has been determined to be of benefit to the
existing service area outside the East Santa Ana Canyon Area.
f. "Transmission and Terminal Storage Acreage Fees" - Trans-
mission and Terminal Storage Acreage Fees shall be the rate
to be charged per acre or fraction of gross area of
Applicant's property. This rate is to be computed by
dividing the gross area within the East Santa Ana Canyon
Area into the cost of Transmission and Terminal Storage
Facilities determined to be of direct benefit to the East
Santa Ana Canyon as shown on Drawing W-2389.
g. "East Santa Ana Canyon Area Documents" - Shall consist of
Drawing Nos. W-2389 and W-2394 delineating the boundary of
the East Santa Ana Canyon Area, location,and estimated or
actual cost of transmission and terminal storage facilities,
02435080983
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Page No. 3.15.18
RULE NO. IS
-"
MAIN EXTENSIONS
(Continued)
c. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
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 annually in direct benefit of
the area described in Rule IS-C.
2. Computation of Charges
a. Transmission Facilities Acreage Fees - Transmission facili-
ties acreage fees shall be computed on the basis of two-
thirds (2/3) of estimated or actual costs of construction of
the Transmission Facilities as defined in Rule ls-C-l-b, as
adjusted by an amount equal to any change in the Engineering
News Record (ENR) construction cost index, as provided for
in Rule lS-C-3-c, since the date of completion for those
Transmission Facilities previously installed, and dividing
such total costs by the gross acreage within the East Santa
Ana Canyon Area as shown on Drawing W2389, and multiplying
the quotient by the number of acres in the Applicant's
development. The Applicant's development shall be measured
to the nearest one-hundredth acre of the gross acreage.
b. Terminal Storage Facilities Fees - Terminal storage facili-
ties fees shall be computed on the basis of two thirds (2/3)
of the estimated or actual costs of construction of
0243S080983
Page No. 3.15.19
RULE NO. IS
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
the Terminal Storage Facilities as defined in Rule IS-C-l-e,
and dividing the total cost by the gross acres within the
described area, and multiplying the quotient by the number
of acres in the Applicant's development. The Applicant's
development 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 Ana Canyon area, subsequent
to the first phase of development, shall be paid prior to
recordation of Tract Map. Acreage fees shall be required on
tracts in their entirety. Payment of acreage fees for por-
tions of a tract shall not be accepted.
3. Advances
"..--.
a. When, in the opInIon of the Water Utility, a facility, or a
portion of a facility, is required to provide proper service
to an Applicant's property, the Applicant shall be required
to advance funds as herein provided for the construction of
said facilities.
b. Advances for Transmission Facilities and Terminal Storage
Facilities shall include only those facilities shown on
Drawing Nos. W-2389 and W-2393. Transmission and Terminal
0243S08098:S
Page No. 3.15.20
RULE NO. 15
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
Storage costs shall be based on the Water Utility's esti-
mate, the consulting design engineer's cost estimate, and
the construction bid or the final construction cost, de-
pending on what state of development the facilities are in.
This cost shall include, but shall not necessarily be
limited to, the cost of engineering, land or right-of-way
(including acquisition costs thereof), reservoirs, trans-
mission water mains, grading, paving, telemetry, retaining
walls, curbs and drainage facilities, and the cost of all
other improvements and overheads necessary in the opinion of
the Water Utility, to make these facilities a permanent
operating water installation.
c. Primary mains in the East Santa Ana Canyon Area shall be
treated in the manner set forth in Rule No. IS-A.
d. Revision of Advances Due - The Water Utility shall revise
the East Santa Ana Canyon Area Documents periodically to
reflect acreage adjustment, actual cost of facilities in
place, current cost estimates and such other costs which may
be directly related to the Santa Ana Canyon Area.
A cost adjustment shall also be made for those facilities in
place based on Engineering News Record's (ENR) construction
cost indexes. The adjusted cost shall be levied upon future
Applicants in the form of acreage fees.
0243S080983
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Page No. 3.15.21
RULE NO. 15
_.
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
4: Reimbursement of Advances
a. Transmission and Terminal Storage Acreage Fees - Trans-
mission and Terminal Storage Acreage Fees as defined in Rule
IS-C-l are not subject to reimbursement.
b. Transmission Facilities - Where Applicant advances funds for
construction of Transmission Facilities within the East Santa
Ana Canyon Area pursuant to the requirements of Rule lS-C-3,
and when those funds advanced exceed the transmission
facilities acreage fees otherwise payable pursuant to Rule
lS-C-2, those funds advanced in excess of the computed tran-
smission facilities acreage fees shall be subject to reim-
bursement to said Applicant as provided herein. The reim-
bursement agreement shall be in effect for a period of
twenty-five (25) years. In no case shall the reimbursement
exceed the developer's cost of the extension and adjustments
for Engineering News Record (ENR) Construction Cost Index as
provided for in Rule lS-S-a.
.-..-
c. Terminal Reservoir Storage - Should the Water Utility deter-
mine that additional Terminal Storage Facilities should be
constructed in the East Santa Ana Canyon Area in excess of
an initial ten million gallons (10 MG) reservoir, and should
the cost of such additional Terminal Storage Facilities
0243S080983
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-~I
Page No. 3.15.22
RULE NO. 15
.~
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
exceed terminal storage acreage fees, and interest earned
therefrom, advanced by previous Applicants, the funds
required to be advanced by an Applicant for purposes of such
construction in excess of required terminal storage acreage
fees, shall be subject to reimbursement pursuant to a reim-
bursement agreement entered into by and between the City of
Anaheim and said Applicant for such purpose. Any such
agreement shall include the then correct and applicable pro-
visions of Rule IS-C and such other provisions as are deemed
appropriate. The reimbursement agreement shall be in effect
for a period of twenty-five (25) years. In no case shall
the reimbursement amount exceed the developer's cost of the
extension and adjustments for Engineering News Record (ENR)
Construction Cost Index as provided for in Rule IS-S-b.
5. METHOD OF REIMBURSEMENT
a. Transmission Facilities
(1) Transmission Facilities - Reimbursements for advances
made in excess of the transmission facilities acreage
fees shall not commence until the Transmission Facili-
ties as shown on East Santa Ana Canyon Area Document
0243S080983
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Page No.~S.23
RULE NO. IS
~,
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
No. W-2389 are completed in their entirety. There-
after, reimbursements shall be made as transmission
acreage fees are collected from subsequent Applicants.
(2) Reimbursements shall be made for funds advanced as
adjusted by any change in the Engineering News Record
(ENR) construction cost indexes. The adjustment shall
reflect the period of time from the month in which the
Transmission Facilities constructed were completed,
until the date of the reimbursement to the nearest
month.
(3) Where two or more Applicants in the East Santa Ana
Canyon Area have advanced funds toward the construction
of Transmission Facilities, they each shall receive as
reimbursement a proportional amount of the monies
collected by the Water Utility for transmission facili-
ties acreage fees from subsequent Applicants.
The proportional amount of reimbursement shall be
determined by multiplying the gross amount available
for reimbursement times a weighted factor for each
eligible Applicant. The numerator of this factor is
the product of the Applicant's original Advance, multi-
plied by the number of years since the date of record
0243S080983
Page No. 3.15.24
RULE NO. 15
MAIN EXTENSIONS
(Continued)
C. EAST SANTA ANA CANYON AREA TRANSMISSION AND TERMINAL STORAGE
FACILITIES (Continued)
of the Applicant's Advance. The denominator of this
factor is the sum of the numerators for all Applicants
eligible for reimbursements. The number of years shall
be calculated to the nearest month.
b. Terminal Storage Facilities - Should the Water Utility
determine that it would be in the best interest of the East
Santa Ana Canyon Area to construct incremental Terminal
Storage Facilities, the cost of which: (1) Exceeds
terminal storage acreage fees and interest earned thereon,
collected from previous Applicants; and (2) Exceeds the
initial increment of storage, in a.ten million gallon (10
MG) reservoir, then monies advanced by an Applicant in ex-
cess of the required terminal storage acreage fees shall be
subject to reimbursement in the same method outlined in Rule
ls-C-5-a.
6. Miscellaneous
a. Rendition of Water Service - The Water Utility shall not be
obligated to serve any portion of East Santa Ana Canyon Area
until all financial arrangements have been completed.
b. Revision - The Utility reserves the right at any time to
revise and update the East Santa Ana Canyon Area Documents
provided that such revision shall not affect reimbursement
agreements which have been executed prior to such revision.
0243S080983
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 16th day of Au ust, 1983.
ATTEST:
~..{)~-c~
CITY LERK OF T~E Cl OF ANAHEIM
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8-9-83
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STATE OF CALIFORNIA )
OOYN'n OF OlWlllGE )
€IT~ W MtMmn~ ~
1\ tlN@A ~: i~~iTSJ €it~ €!~f~ at tRe €it~ af ~B~ReimJ 88 Refe~ Eeft!f~ tR~t
the foregoing Resolution No. 83R-33l was introduced and adopted at a regulaf
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of August, 1983, by the following vote of the members thereof:
ss.
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AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-33l on the 16th day of August, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of August, 1983.
~eJ~~
CITY ERK OF TH CITY F ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-331 duly passed and
adopted by the Anaheim City Council on August 16, 1983.
~.-I.,.)~
\ CITY C ERK
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