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86R-118 RESOLUTION NO. 86R--118 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 AMENDED BY RESOLUTION NOS. 73R-255, 73R-38 7, 73R-532, 74R-433, 75R-3l5, 75R-469, 75R-479, 76R-378, 78R-4l8, 78R-4l9, 78R-459, 79R-643, 80R-304, 8lR-124, 8lR-402, 82R-355, 83R-33l AND 84R-246. WHEREAS, the City of Anaheim maintains a water 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, 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 fur- nished to consumers and for services rendered in connection therewith; and WHEREAS, the Water System Facilities in the Anaheim Stadium Business Center (ASBC) are not adequate to provide service to office and commercial deve lopment and the Water Utility does not have funds available to finance upgraded Facilities; and WHEREAS, a reasonable estimate of the cost to upgrade water facilities in the ASBC Area is approximately $7,000,000; and WHEREAS, developer advances are reasonable where necessary to prevent burden on rate payers; and WHEREAS, a fee of $.80 per square foot of Gross Floor Building Area is a reasonable estimate for developer contribution and it is appropriate for the City Council to adjust Gross Floor Building Area fees from time to time. NOW, THEREFORE BE IT RESOLVED by the City Counci 1 of the City of Anaheim that the Water Rates, Rules and Regulations adopted by City Council Resolution No. 72R-600 and amended by City Council Resolution Nos. 73R-255, 73R-387, 73R-532, 74R-433, 75R-3l5, 75R-469, 75R-479, 76R-378, 78R-4l8, 78R-4l9, 78R-459, 79R-643, 80R-304, 8lR-124, 8lR-402, 82R-355, 83R-33l, and 84R-246 be amended as follows, to wit: 1202b031386 3. 10. ') BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the amended Water Rates, Rules and Regulations be made effective for service rendered on and after March 25, 1986. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of March 1986. 4~ ATTEST: MAYOR OF THE CITY OF ANA ~~.-"---.---.'\ / I ~~4 /{~ CITY CLERK OF THE CITY OF ANAHEIM 1202h0313Rfi 1 In " CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-118 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of March, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-118 on the 25th day of March, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of March, 1986. ~aA~ CITY LERK 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. 86R-118 duly passed and adopted by the Anaheim City Council on March 25, 1986. \~C{ 1C ~~ CITY CLERK -- CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 WATER RATES, RULES AND REGULATIONS Page No. i i RATES, RULES AND REGULATIONS TABLE OF CONTENTS TITLE Title Page Table of Contents " " " " " " " " " " " " EFFECTIVE DATE 12-19-72 PAGE NO. 1 3-18-86 7-01-84 " 11 iii iv v V1 1.0.1 3-18-86 " Water Utility Policy 12-19-72 Rate Schedules 7-15-80 2. O. 1 Schedule W-CA; Commodity Adjustment Clause "" " " " 7-15-80 " 2.1.1 2.1.2 2.1.3 2.1.3.1 2.1.4 2.1.4.1 2.1.4.2 2.1.4.3 2.1.4.4 2.1.4.5 2.1.4.6 2.1.4.7 2.1.4.8 2.1.5 2.1.5.1 2.1.5.2 2.1.5.3 2.1.5.4 2.1.5.5 2.1. 6 2.1.7 " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " ." " " " " " " " " " " " " " " " " " " " " Schedule W-PS; High Elevation Pumping Surcharge " " " " " " " " " " " " " " " " " " " " " " " " " 7-01-82 " 5-11-83 " 7-17-85 " 7-15-80 " " 7-01-82 3-01-83 7-17-85 7-15-80 10-23-84 7-15-80 " " 2.1.8 2.1.9 2.1.9.1 2.1.9.2 2.1.10 3-01-83 7-17-85 Schedule W-R; Residential Service - Single-Family Accommodation Schedule W-R; Residential Service - Multi-Family Accommodation Schedule W-G; General Water Service Schedule W-RO; Residential Service - Outside City Limits 7-01-84 2.2.1 " 2.3.1 2.4.1 " " ISSUED BY Gordon W. Hoyt Gener.al Manaqer l197b03D86 3 18 86 (Continued) 86R- Effective - - b R I . N Y eso utlon o. 84 46 Superseding Resolution No. K L 2.5.1 2.5.2 , 3-18-86 Dated6 26 84 Date~. 10. 5 " " " " " 7-15-80 WAT-30 CITY OF ANAHEIM WATER RATES, RULES Management Services Division AND REGULATIONS 200 S. Anaheim Blvd.. Page No. v Anaheim, California 92805 RATES, RULES AND REGULATIONS TABLE OF CONTENTS (Continued) EFFECTIVE TITLE DATE PAGE NO. Rule No. 15; Main Extensions ~26-73 3.15.1 " " " " " 7-01-84 3.15.2 " " " " " 7-01-78 3.15.2.1 " " " " " 6-26-73 3.15.2.2 " " " " 7-01-78 3.15.3 " " " " 7-01-84 3.15.3.1 " " " " 1l-01-79 3.15.4 " " " " 3.15.4.1 " " " 3.15.4.2 " " " 3.15.5 " " " 3.15.6 " " " 3.15.7 " " " 3.15.8 " " " 3.15.9 " " " 3.15.10 " " " 3.15.11 " " " 3.15.12 " " " " " " 3.15.13 " " " " " " 3.15.14 " " " " " 8-16-83 3.15.15 " " " " " " 3.15.16 " " " " " " 3.15.17 " " " " " 3.15.18 " " " " " 3.15.19 " " " " " 3.15.20 " " " " " 3.15.21 " " " " 3-18-86 3.15.22 " " " " 3.15.23 " " " " 3.15.24 " " " " " 3.15.25 " " " " " 3.15.26 " " " " " 3.15.27 " " " " " 3.15.28 " " " " " " 3.15.29 Rule No. 16; Service Connections, Meters, and Customer Facilities 7-01-84 3.16. 1 " " " " " " " 3.16.2 " " " " " " " 3.16.3 " " " " " " 12-19-72 3.16.4 " " " " " " " 3.16.5 Rule No., 17 ; Meter Tests and Adjustment of Bills for Meter Errors 7-13-82 3.17.1 " " " " " " " " " 3.17.2 (Continued) ISSUED BY Gordon W. Hoyt Gener.al Manager WAT-30 1197b031386 Effectl've 3-18-86 b R I . N 86R- y eso utlon o. Superseding Resolution No. R4R-?4h 3-18-86 Dated Dated6-?h-R4 3.10.5 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd. Anaheim, California 92805 WATER RATES, RULES AND REGULATIONS Page No. vi RATES, RULES AND REGULATIONS TABLE OF CONTENTS (Continued) TITLE Rule No. 18; Service to Separate Premises and Multiple Units, and Resale of Water EFFECTIVE DATE PAGE NO. 12-19-72 3.18.1 Rule No. 19; Measurement of Service 12-19-72 3.19.1 Rule No. 20; " " " Fire Protection " " 8-26-81 12-19-72 3.20.1 3.20.2 ISSUED BY Gordon W. Hoyt Gener.al Manager WAT-30 1197b031386 Effective3-18-86 by Resolution No. 86R- Superseding Resolution No. 84R-246 Dated3-18-86 Dated6-26-84 3.10.5 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 WATER RATES, RULES AND REGULATIONS Page No. 3.15.22 RULE NO. 15 MAIN EXTENSIONS (Continued) D. Anaheim Stadium Business Center Water Facilities The cost of upgrading all water facilities serving the Anaheim Stadium Business Center (Stadium Area) as defined herein shall be paid for by the owners or developers of property requiring such facilities. The procedure set forth herein provides that the person who develops a parcel of property within the Stadium Area, other than for permitted primary industrial uses as provided in Section D.ll, shall pay his proportional share of the cost of facilities in the form of Gross Floor Building Area (GFA) fees. Other fees, which are covered in the City's Water Rates, Rules, and Regulations shall also be applicable. 1. Definition of Terms a. Advance - The payment required for financing the installation of upgraded water facilities within the Stadium Area. b. City - The City of Anaheim, California, a municipal corporation. c. Commercial or Office Development - Any buildings or structures within the Anaheim Stadium Business Center hereafter constructed, enlarged, or modified in use wherein the proposed use is changed to a more intensive use. 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 construction work, until the bids are submitted to the City and the lowest responsible bid approved by the General Manager. The bids obtained by the developer shall be from construction contractors licensed by the State of California and qualified to perform water construction work. The General Manager will have the authority to reject all bids and request the developer to obtain additional bids. If all bids submitted to the General Manager for approval are not satisfactory the City reserves the option to solicit bids for the work under established City advertising and awarding procedures. (Continued) ISSUED BY Gordon W. Hoyt Gener.al Manager WAT-30 l197b031386 Effective 3-18-86 by Resolution No. Superseding Resolution No. 86R- Dated 3-18-86 Dated 3.10.5 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 WATER RATES, RULES AND REGULATIONS Page No. 3.15.23 D. Stadium Area Water Facilities (continued) e. Developer/Applicant The person, association, governmental agency applying for water service. corporation or f. General Manager Manager. The City of Anaheim Public Utilities General g. Gross Floor Building Area Fees - Gross Floor Building Area (GFA) fees shall be the rate to be charged per Gross Floor Building Area in commercial and office developments within the Stadium Area. h. 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. ~. 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. J. Projected Total Development - The Projected Total Development shall be the incremental projected building square foot growth within the boundaries of the Stadium Area projected by the Public Utilities General Manager, for commercial and office space development measured to the nearest square foot. k. Stadium Area/Anaheim Stadium Business Center - That portion of the service area bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison easement, which easement is generally located parallel to and north of Katella Avenue. 1. Stadium Area Documents - Shall consist of Drawing Nos. W-2523 and W-2524 delineating the boundary of the Stadium Area, location and estimated or actual cost of upgraded water facilities and the GFA in square feet. These documents shall be revised periodically to reflect adjusted GFA, actual cost of facilities in place, current cost estimates, and such other costs which may be incurred annually in direct benefit of the Stadium Area. m. Stadium Area Facility Fund - A fund into which the GFA Fees and Advances are deposited and expenditures are made from in connection with upgrading all water facilities in the Stadium Area. All interest earned by monies in this fund shall remain in this fund. Appropriate administrative and overhead costs shall be charged against this fund by the Utility. (Continued) ISSUED BY Gordon W. Hoyt Gener.al Manager Effective 3-18-86 by Resolution No. Superseding Resolution No. 86R- Dated Dated 3-18-86 WAT-30 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 D. Stadium Area Water Facilities (continued) WATER RATES, RULES AND REGULATIONS Page No. 3.15.24 n. Upgraded Water Facilities Those facilities which have been determined to be necessary to provide domestic and fire flows to the Stadium Area, as shown on Drawing No. W-2523 on file at the City of Anaheim, Public Utilities Department, Water Engineering Division. o. Utility - The City of Anaheim, Public Utilities Department. 2. Computation of Fee a. GFA Fees - Gross Floor Building Area fees shall be computed on the basis of the estimated or actual costs of construction of the upgraded Water Facilities divided by the Projected Total Development. b. The following table shall be an official record of Gross Floor Building Area fees as computed per section D.2.a.: Date Cost of Upgraded Facilities Square Feet Fee 3-18-86 $6,999,000 8,755,000 $ .80 3. Application of Fee a. Each Developer shall pay an amount calculated by multiplying the GFA fee Area of the Applicant's Development. for upgraded water facilities times the Gross Floor Building 4. Advances a. When in the opinion of the General Manager, provide proper service to an Applicant's shall be required to advance funds as construction of said facilities. a facility is required to property, the Applicant herein provided for the b. Advances for the upgraded water Facilities shall include only those facilities shown on Drawings Nos. W-2523 and W-2524. 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 construction cost, depending 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 offsite right-of-way (including acquisition costs thereof), grading, paving, telemetry, retaining walls, curbs and drainage facilities, and the cost of all other improvements and overheads necessary in the opinion of the General Manager, to make these facilities a permanent operating water installation. (Continued) ISSUED BY Gordon W. Hoyt Gener.al MqnaQef WAT-30 ll97bUJn~6 3-18-86 Effective by Resolution No. Superseding Resolution No. 86R- 3-18-86 Dated Datet 10.5 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd. Anaheim, California 92805 D. Stadium Area Water Facilities (continued) WATER RATES, RULES AND R EGU LATIONS Page No. 3.15.25 c. Primary main fees in the Stadium Area shall be treated ~n the manner set forth ~n Rule IS-A. d. Revision of Advances Due The General Manager shall revise the Stadium Area GFA Documents periodically to reflect actual cost .of facilities in place, current cost estimates and such other cost adjustments which may be directly related to the Stadium Area. e. A cost adjustment constructed based cost index. The adjusted GFA fee. shall also be made for those facilities yet to be on Engineering News Record's (ENR) construction adjusted cost shall be used to determine the f. Advances shall be computed as the remainder of costs detailed in Section D.4.b. less Applicant's Gross Floor Building Area Fees detailed in Section D.3.a. g. Developers who advance funds shall be required to execute contracts with the City of Anaheim for refunding as required by Section D.4.a., D.4.f., and D.S.a. through D.S.h. h. In lieu of providing the Advances in accordance with Section D.4.f., the Applicant for water service that requires Stadium Area Facilities, shall be permitted, if qualified in the judgment of the General Manager, to construct and install the facilities himself, or arrange for their installation pursuant to Competitive Bidding Procedures. The cost, including the cost of inspection and supervision by the Utility, shall be paid directly by Applicant. The Applicant shall provide the General Manager with a statement of actual construction cost in detail satisfactory to the General Manager. The amount to be treated as an Advance subject to refund shall be the lesser of (1) the actual cost, or (2) the price quoted in the General Manager's detailed cost estimate. The installation shall be in accordance with the plans and specifications approved by the General Manager. (Continued) ISSUED BY Gordon W. Hoyt Gener.al Manager WAT-30 l197b03l386 3-18-86 Effective by Resolution No. Superseding Resolution No. 86R- 3-18-86 Dated Dated 3.10.5 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 WATER RATES, RULES AND REGULATIONS Page No. 3.15.26 D. Stadium Area Water Facilities (continued) 5. Refund of Advances a. Each Advance in excess of subsequent Applicant's GFA agreement between the Utility the GFA Fees shall Fees, in accordance and the Developer. be refunded from with a written b. The total amount of any refund to an Applicant shall not exceed the amount of his Advance. c. Refunds shall be subject to any existing Revenue Bond Covenants, and shall be junior to any present or future bond and note payments. d. The Utility shall make refunds to the Applicant who made an Advance, or his assignee, until the amount of the Advance has been paid, without interest. e. When it has been necessary for the Utility to advance funds to alter or add to the Stadium Area Facilities, funds available for refunds will first be applied to the Utility's Advance before Section D.5.f. is applicable. f. Where two or more Applicants in the Stadium Area have paid Advances in the Stadium Area, they shall each receive as refunds a proportional amount of the funds received from GFA Fees. g. The proportional yearly amount of refund is determined by by multiplying the gross amount available for refund times a weighted factor for each Applicant. The numerator of this factor is the product of the Applicant's original Advance multiplied by the number of years since the date of record of the Applicant's Advance. The denominator of this factor is the sum of the numerators for all applicants eligible for refunds. The number of years shall be calculated to the nearest month. h. The Utility shall make yearly refund payments to the eligible Applicants in September of each year. ~. 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. (Continued) ISSUED BY Gordon W. Hoyt Gener:al Manager Effective 3-18-86 by Resolution No. Superseding Resolution No. 86R- 3-18-86 Dated Dated 1.10. c; WAT-30 l197b031386 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 D. Stadium Area Water Facilities (continued) WATER RATES, RULES AND REGULATIONS Page No. 3. 15.27 6. Miscellaneous a. Revision - The Utility reserves the right at any time to revise and update the Stadium Area documents provided that such revision shall not affect contracts which have been executed pursuant to this rule.. 7. Ownership, Design and Construction of Stadium Area Facilities a. Any Stadium Area Facilities installed hereunder shall become the sole property of the Utility after acceptance by the City. b. The design of Stadium Area 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 in D.4.h. c. The construction of water facilities must be accomplished in compliance with the requirements of any public authority having jurisdiction in the area of work. Any additional costs incurred in order to comply with these requirements shall become part of the total cost of the water facility. 8. Estimates, Contract Documents, Plans and Specifications a. Upon request by a potential Applicant for a Stadium Area Facility, the Utility shall prepare, without charge a preliminary sketch and rough estimates of the cost of installation to be advanced by said Applicant. b. Any Applicant for a Stadium Area Facility requesting the Utility to prepare detailed plans, specifications and cost estimates shall be required to deposit with the Utility an amount equal to the estimated cost of preparation of such material. The Utility shall, upon request, make available within a reasonable period after receipt of the deposit referred to above, such plans, specifications and cost estimates of the proposed Stadium Area Facility. c. In the event a Stadium Area Facilities contract with the Utility is executed within 180 days after the Utility furnishes the detailed plans and specifications, the deposit shall become a part of the Advance. If such contract is not so executed, the deposit to cover the cost of preparing plans, specifications and cost estimates shall be forfeited by the Applicant. ISSUED BY Gordon W. Hoyt Gener:al Manager WAT-30 ll97b03l386 (('''nt-~n"",rl) Effective 3-18-86 by Resolution No. Superseding Resolution No. 86R- 3-18-86 Dated Dated 3.10.5 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 D. Stadium Area Water Facilities (continued) WATER RATES, RULES AND REGULATIONS Page No. 3.15.28 d. When detailed plans, specifications and cost estimates are requested, the Applicant fora Stadium Area Facility shall furnish the Utility accurate drawings showing site plan including Gross Floor Building Area of the building (s) to be developed. If changes are made subsequent to the presentation of these drawings by the Applicant, and these changes require additional expense in revising contrac t documents, plans, specifications and cos t estimates, this additiona 1 expense shall be borne by the Applicant, not subject to refunds. 9. Timing and Adjustment of Advances a. Unless the Applicant for the Stadium Area Facilities elects to arrange for the installation of the Stadium Area Facility, as permitted by Section D.4.h., the full amount of the required Advance, or an acceptable surety bond and/or letter of credit must be provided to the Utility at the time of execution of a Stadium Area Facility agreement prior to issuance of a building permit. b. An Applicant for Stadium Area Facilities may be General Manager to deposit sufficient cash to cover Stadium Area Facilities in advance of construction. required by the the cost of such c. An Applicant for a Stadium Area Facility who advances funds shall be provided by the Utility with a statement of actual costs. Said statement shall be submitted within sixty days after the actual costs of the installation have been determined by the General Manager. d. Any differences between the actual costs and the amount advanced shall be shown as a revision of the amount of Advance and shall be payable by the developer or reimbursed by the City within thirty days of date of submission of statement to the Applicant. 10. Special Conditions a. Special Situations - Special conditions of service, facilities and related matters applicable to these Rules and Regulations not expressly covered, shall be resolved by the Utilities General Manager. b. Exceptional Cases - In unusual circumstances, when the application of these rules appears impractical or unjust, the Applicant may refer the matter to the Utilities General Manager for special ruling, or for the approval of special conditions, which are agreed upon, prior to commencing construction. If the matter is not satisfactorily resolved with the Utilities General Manager, the Applicant may petition the City Council for final determination. (Continued) ISSUED BY Gordon W. Hoyt Gener.al Manager WAT-30 l197b03l386 3-18-86 Effective by Resolution No. Superseding Resolution No. 86R- Dated Dated 3.10.5 3-18-86 CITY OF ANAHEIM Management Services Division 200 S. Anaheim Blvd.. Anaheim, California 92805 WATER RATES, RULES AND REGULATIONS Page No. 3.15.29 D. Stadium Area Water Facilities (continued) 11. Exemp t ions a. Any structure or any portion thereof devoted to parking of automobiles. b. Conversion of a building or structure to a similar or less intensive land use. c. Reconstruction of any building or structure destroyed by fire or other natural cause. d. Any building or structure wherein the proposed use is a permitted use under Section 18.61.020 of the ML (limited Industrial) Zone. ISSUED BY Gordon W. Hoyt Gener.al Manager WAT-30 l197b03l386 Effective 3-18-86 by Resolution No. Superseding Resolution No. 86R- 3-18-86 Dated Dated 3.10.5