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1973-255 .. - RESOLUTION NO. 73R-~___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RULE 15 OF THE RULES AND REGULATIONS FOR WATER FACILITIES INSTALLATION AS ADOPTED BY RESOLUTION NO. 72R-600. WHEREAS, the City Council of the City of Anaheim did adopt its Resolution No. 72R-600, and by such resolution did establish rules and regulations for water service connection, meter installation charges, water main extension charges and did fix rates for water furnished to consumers and for all services rendered in connection therewith; and WHEREAS, some of the developers of property did object to the provisions of Rule 15 dealing with water main extensions and installation of special facilities in the high elevation system; and WHEREAS, the City Council did appoint a committee to study the provision of Rule 15 and suggest amendments to said Rule as they deemed necessary and proper; and WHEREAS, the committee did study the circumstances, conditions and provisions of said Rule 15 and did report to the City Council; and ~VHEREAS, the City Council did study such recommenda- tions and did determine that Rule 15 should be amended; and WHEREAS, Section 10.16.420 of the Anaheim Municipal Code provides that such rules be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Rule 15, as set forth in rules and regulations of the City of Anaheim and adopted by Resolution No. 72R-600 be, and the same is, hereby amended to read as set forth in Exhibit 'IA" attached hereto and made a part hereof as though set forth in full. BE IT FURTHER RESOLVED that except as amended by this resolution pertaining to Rule 15, all other rules and regulations and rates as set forth in Resolution No. 72R-600 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and signed by me this ~ day of June , 1973. ,- ATTEST: L~~?-_--- CITY CLE OF THE CITY OF ANAHEIM CI ...'? () ..' ~~~;-~~-- JBG:kw ,- - , STATE OF CALIFORNIA ) COUN'ry OF ORANGE ) ss . CITY OF ANAHEIM ) -.. ~ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-255 was passed and adopted at a regular meeting of the City Council held on the 26th day of June , 19 73 , by the following vote of the members thereof: --- AYES: COUNCILMEN: NOES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the _26th- day of June , 19~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this _26t~ day of June , 19~ ~~./~ --- CITY CLE OF THE CITY OF ANAHEIM (SEAL ) I DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-255 duly passed and adopted by the Anaheim City Council on June 26, 1973. iL- X.~ City Clerk ~. CITY OF ANAHEIM . Water llti I i ty Post Office Box 3222 Anaheim, California 92803 EXHIBIT "A" Page No. 3. 15. 1 RULE NO. l2." MAIN EXTENSIONS - A. DISTRIBUTION SYSTEM The cost of all water distribution mains installed or extended in the water system shall be paid for by the owner or developer of the properties served by these mains according to the following po 1 i ci es : 1. Water mains installed or extended on dedicated streets and serving property within the City limits as they existed on "May 20, 1924, at the time of election on waterworks bond issue, shall be laid at the expense of the Utility. 2. The total cost of water mains installed or extended in the Helen and Lynch Industrial Tract and Com~ercial Street Annexations shall be borne by the owners of property abutting such mains since said annexations did not participate in the waterworks bond payments. 3. Cost of installing or extending water mains on dedicated streets and serving property within the following ~nnexations shall be borne as shown below, based on the degree of partici- pation in the waterworks bond payments. Annexations % of Cost to Property Owners % of Cost to City #7 Kirven Annexation #8 East Anaheim Extension #9 So. Palm Street Annexation #10 Manchester Avenue Annexation #11 South Spadra Annexations #12 Kennedy Annexation #13 West LaPalma Annexation #14 Manchester Avenue Annexation #2 #15 South Palm Annexation #2 81 . SOlo 85.2% 85.2% 92.6% 92.6% 92.6% 96.3% 96.3% 96 . ~Io 18.5% 14.8"10 14.8"10 7.4% 7 . J+% 7.4% 3.7% 3 . rlo 3 . rlo (Continued) ISSUED BY Gordon W. HQY.! ~ilities Direc~ Effective by Resolution No. 72R-600 Superseding Resolution No. --71R-279 Dated---11LJ 9/7..1-- __Dated 6-22-]2 ,,"'WAT-30 A._-"-"'~ CITY OF ANAHEIM Water Utility Post Office Box 3222 Anaheim, California 92803 Page No. 3.15.2 RULE NO. .l2. MAIN EXTENSIONS --rtontinued) A. DISTRIBUTION SYSTEM (Continued) 4. Primary Distribution Mains a. Primary Distribution mains which supply water to all areas of the system shall be paid for by acreage fees assessed on all properties in the system except those properties excluded in (1) above. The fees will be based upon gross acreage served by domestic water service and/or fire protection, and will be due at the time application for water service is made, or the property is developed. This does not apply to application for temporary or irrigation service. The water main extension fees shall be as follows: Single Family Residential Development Multi-Family Residential and Commercial Development Industrial Development $275 per acre $330 per acre $375 per acre The above fees will be calculated to the nearest one hundredth (.01) acre. Condominiums, Townshouse, Planned Unit Developments, etc., will be considered Multi-Family Development for the purpose of determining acreage fees. Developments. not covered under any of the above classifications shall be subject to the same fees as Multi-Family Residential and Commercial Developments. b. When a Primary Distribution main must be extended to a new sub- division or development, the Utility will extend the main up to five hundred (500) feet. I f an extens i on greater than 500 feet is required, the developer will pay for the extension which is in excess of 500 feet, in addition to the normal water main extension fees. The developer's portion of the cost shall be reimbursed to him without interest as acredge fees are collected from others connecting to the extended main within a refund area designated by the Utility at the time the advance is made. The reimbursement agreement shall be in effect for a period of ten (10) years. In no case shall the reimbursements exceed the developers cost of the extension. If the Utility requires a main larger than that required to serve a new development, the developer will only pay the cost of the size required to serve his property (minimum of 811 for res idential, 10" for commercial, and 1211 for industrial). (Continued) - I S S UE 0 BY Gordon W. Ho'{! Utilities Director Effective by Resolution No.. Superseding Resolution No. 71R-279 Da ted Dated 6-22-71_____ 'WAT-30 CITY OF ANAHEIM Water Uti I i ty Post Office Box 3222 Anaheim, California 92803 Page No. 3.15.2.1. -, RULE NO. 12. MAIN EXTENSIONS A. DISTRIBUTION SYSTEM (Continued) 4. Primary Distribution Mains (Continued) c. Normal practice of the Util ity is to extend all Primary Distribution Mains. In unusual circumstances, the applicant for water service, who requires Primary Distribution Mains, may be permitted, if qual ified in the judgment of the Util ity, to construct and install the mains himself, or arrange for their installation pursuant to competitive bidding procedures initiated by him and I imited to contractors who posses a current California Contractor's License permitting them to this type of construction work. The cost, including the cost of inspection and supervIsion by the Utility, shall be paid directly by the appl icant. The appl icant shall provide the Utility with a statement of actual construction cost in reasonable detail. The instal- lation shall be in accordance with the plans and specifica- tions prepared by the Utility. For purposes of making any reimbursement to applicant or crediting applicant with payment of water fees the cost of the main extension made by applicant shall be deemed to be the lesser of (1) the actual cost or (2) the Utilities per foot cost of water mains used in determining the water main extension fees. d. A map showing the Primary Distribution Mains is included with the Rules and Regulations. ,,",~ ISSUED BY Gordon W. Hoyt Utilities Director Effective by Resolution No. Superseding Resolution No. Dated Da ted WAT-30 CITY OF ANAHEIM Water Uti 1 i ty Post Office Box 3222 Anaheim, California 92803 Page No. 3.15.3 RULE NO. 1.2. MAIN EXT~NSIONS --rcont i nued) A. DISTRIBUTION SYSTEM (Continued) 5. The Secondary Distribution System will "be paid for and installed by the owners or developers of the property that the system serves. The requirements for the Secondary Distribution System will be set forth by the Utility. The Secondary Distribution System shall be designed and built in accordance with the Utility's requirements and specifications, and shall be subject to its in- spection. After completion of the system, the owner shall dedicate it to the Utility, free of all liens, together with all necessary rights-of-way for future maintenance and upkeep. a. Where a Secondary Distribution System must be extended to a new subdivision or development, the system shall be paid for and installed by the developer of the property to which the system is extended. If, under this rule, a developer is re- quired to extend a system, which will later serve addi~ional property, the Utility shall collect and return to the developer the proportionate cost of the system serving the additional property, if and when such property is developed. b. The Utility may extend portions of the Secondary Distribution System prior to development at its cost provided these exten- sions are considered to be in the best interests of the Utility. The costs for any such extensions shall be reimbursed to the Util ity by the owners or developers of the property served by these extensions when these properties are developed, or application for water service is made. c. Where half streets are developed, the developer of the half street shall be required to pay for and install any portion of the Secondary Distribution System that is required by the Utility. The proportionate share of the main's cost shall be collected by the Utility from the ovmer or developer of the remaining side of the half street when it is developed. This fee shall be reimbursed to the original developer. 6. Main Enlargements - When the Utility's present distribution system will not meet the water demands of a customer or developer, the customer or developer may be required to pay the cost of any necessary main replacement, less credit for the expired life of the existing main. (Continued) ",,-.. I S SUED BY .Gordon W. Hoy! Uti 11 ti.es Oi r~ Effective by Resolution NO. Superseding Resolution No. Dated " 71 R-27CJ Da ted 6-22-71 ~ .,wAT-30 CITY OF ANAHEIM Water Utility Post Office Box 3222 Anaheim, California 92803 Pa ge No. 3 . 15 .4 .....;."~ RUlE NO. 12 MAIN EXTENSIONS --reont i'nued) B. SPECIAL FACILITIES (Continued) 1. Definition of Terms (Continued) g. Share of Prior Advances - An advance to be paid by an applicant, that shall be determined by pro-rating the total amount of advances, including his own advance for required Special Facil ities in a Special Facilities District on the basis of the ratio of the Gross Area of the Applicant's Property to the sum of the Gross Area of Applicant's Property plus the gross area of all prior Applicant's properties, who were required to make advances. h. Special Facilities - Pumping and storage facil ities needed to serve the high elevation syst~m. i. Special Facilities Charge - The charge made to cover the cost of the Special Faci I i ties in the High Elevation System. This charge shall be computed by multiplying the gross area of applicant times the Special Facilities Charge Rate. . j. Special Facilities Charge Rate - The average rate to be charged per acre, or fraction of gross area of applicant1s property. This rate is computed by dividing the gross area of the Special Facilities District into the cost of Special Facilities required to supply the District. "k. Special Facilities District - An area within the High Elevation System where Special Facilities are required. 1. Special Facilities District Gross Area - All of the land area within the District boundary, except land areas of open, uncovered flood control facilities, and except land areas of freeways, highways, and dedicated streets that do not provide the abutting property wi th any 1 ega I access thereto as a ma:tter of record at the time of application for water service. ffi. Special Facilities Documents - Shall include only The Special Facilitie~ District Map that delineates the boundary of the Special Facil ities District and indicates the sizes and locations of Special Facilities; The Cost Estimate that itemizes the actual and estimated costs of the required Special Facili.ties and the Special Facilities Charqe Rate. (Continued) - ISSUED BY Gordon W. Hoyt Utilities Director Effective by Resolution No. Superseding Resolution No. Dated Da ted WAT-30 ..",....'"-__.....~"^,,'~.";".n..."'''', ,',. ,.......~._w..=".".,...",.~~.._."'...~_.w_~_~~~_._~'~ CITY OF ANAHEIM Water Uti I i ty Post Office Box 3222 Anaheim, Cal ifornia 92803:- Pa ge No. 3. 1 5 .4. 1 ".,.~ RULE NO. l.2. W\IN EXTENSIONS ~ontinued) B. SPECIAL FACiliTIES The costs of all Special Facilities installed in the High Elevation System ultimately shall be paid for by the person benefitting from such facilities. The procedure set forth provides that the appli- cant who developes a piece of property shall make the initial capital investment or advance for Special Facilities needed to serve the properties he is developing. The Utility will bill a surcharge, over and above the regular water rates, as outlined in Section B.2. to water customers served from these Special Facilities. The advance by the applicant for Special Facilities shall be refunded as outlined in Section B.S. 1. Definition of Terms a. Advance - The payment required for financing the installation of Special Facil ities in a Special Facilities District. This includes Shares of Prior Advances and Special Facilities Charges. b. Applicant - The person, association, corporation or govern- mental agency applying for water service. c. City - The City of Anaheim, California, a municipal corpor- ation. d. Gross Area of Applicant~ 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, plus one- half the lahd area of the abutting streets to which legal, recorded access exists at the time of application for water service. e. High Elevation System - The portion of the Util ity's service area which cannot be served by gravity from the August F. Lenain Filtration Plant. f. Pay, Paid, Payment - "Make satisfactory financial arrange- ments," "satisfactory arranged for financially," and "sat is factory f i nanc i a 1 arrangements ,II respect i vel y, in addition to the accepted meaning of these terms. (Cant i nued) ....-..- ISSUED BY Gordon W. Hoyt Utilities Director --- ..... , Effective by Resolution No. Superseding Resolution No. Dated Dated WAT-30 "",""~._......-.........."~."",--,",_,,,",., ,...~~~...h . .~,,~, ."".__~.;."",,-.......".~_,_.........,,,,,-.;...~~.~;.,".'--~-~-"""""~"'.'."....,~"..,....'-,-,,,.,~,.>,,. CITY OF ANAHE I M Water Uti I i ty Post Office Box 3222 Anaheim, California 92803 Page No. 3.15.5 - RULE NO. .l2. MAIN EXTENSIONS -CContinued) B. SPECIAL FACILITIES (Continued) 1. Definition of Terms (Continued) n. Special Facilities Surcharge - The charge made to customers within the High Elevation System to cover the cost of the Special Facilities and the cost of administering the surcharge. This charge shall be twenty-two percent over and above the customer's water bill. o. Utility - The City of Anaheim - Utilities Department 2. Application of Special Facilities Surcharqes a. A customer's surcharge shall be in effect until all Special Facilities in his Special Facilities District are paid for. b. The Special Facilities Surcharge shall be the same for all Special Facilities Districts unless otherwise specified herein. c. Relocation of Service - An application for the relocations of an existing service from another system to a Special Facilities District main shall be the same as an application for a new service. d. Property Deferred from Special Facilities Surcharges - Property within the Special Facilities District that was served by the Utility prior to the establishment of the District shall not be subject to the Special Facilities Surcharge when there is no change in the area for which service was originally granted, or no new servi ce connect ions added to the property. Property that is being served by a main that is a part of another system shall not be subject to the Special Facilities Surcharge, if the. Utility uses the maln to supply Special Facil ities District water service, or the Utility installs a new main to supply "Special Facilities District water service and abandons the old main. e. Irrigation Service - Customers to be served by irrigation service within the Special Facilities District shall pay the Special Facilities Surcharge. (Cont i nued) ISSUED BY Gordon ,;-/. Hoyt Uti lities Director Da ted Dated Effective by Resolution No. Superseding Resolution No. WAT-30 ~......."~~.""",-,"""..",,,",;,,,~"._.,.~,.,,,,,".~,...._.,,,,,",.....-,,,,~~~~_""""""",~",,""""'"_"'~'''''''''"'"&'.'''~'"'_''''''~'"'''~''''''' ~,,,~,",,,,~,,.,__,_~~,~_'~~"",",,~""'~M"""",,","';'~"""""'+>_ CITY OF ANA HE I H Water Uti 1 i ty Post Office Box 3222 Anaheim, California 92803 Page No. 3~15.6 ~- RULE NO. li AAIN EXTENSIONS (Cant i nued) B. SPECIAL FACILITIES (Continued) 2. Appl ication of Special Facilities Surcharqes (Continued) f. Temporary Supply from Another System - An applicant for a service connection to a parcel that has frontage on an existing main of another system, but does not have frontage within 200 feet of an existing Special Facil ities District main, may obtain service temporarily from the existing main. Applicant shall make a special agreement to accept such service until Special Facilities nistrict water service is available. g. Temporary Service - An applicant mayor may not be required to advance funds for Special Facilities for temporary service, de- pending on the circumstances involved. Applicants for temporary service may claim special conditions exist that will then be resolved,as further provided herein. Customers receiving temporary service shall pay the 22% Special Facilities Surcharge. 3. Computation of Charqes a. Extra Charges for Enlargement of Supply System - When water needs of an applicant are in excess of those for ~hich the Special Facilities District system is designed, the applicant must pay for the additional cost of installing items of larger size or capacity than those I isted in the Special Facil ities District Documents. b. Other Charges - The Utilities established Primary Distribution Main acreage fee does not include Special Facilities, and therefore, it shall be collected on all acreage for which appli- cation for service is being made. In addition, front footage fees for fire hydrants shall be collected from properties that benefit from those hydrants installed on primary distribution mains. c. Property and Topographic maps required - The applicant shall furnish the Utility, upon request, adequate and accurate maps showing the topography and boundary of his total contiguous property. The Utility will use these maps to determine the boundary of the limits of service, and the area on which sur- charges are to be collected. d. Property Partially Outside the District - Where a parcel of property to be served lies partially outside the Special fCont i ntJ('n) ISSUED BY .9ordon W. Hoyt Utilities Director Effective by Resolution No._ Superseding Resolution No. . Dated Dated WAT-30 CITY OF ANAHEIM Water Utility Post Office Box 3222 Anaheim, California 92803 Page No. 3.15.7 RULE. NO. .12. MAIN EXTENSIONS (Continued) B. SPECIAL FACiliTIES (Continued) 3. Computation of Charqes (Continued) Facilities District the Utility shall determine the limits of each supply system and establish the location of the District boundary. e. Subdivision of lands in a Special Facilities District - In instances where it appears that ownership of contiguous real property has been recently so divided as to exclude most of the poor or unusable land from the water applicant1s property ownership, which has the effect of avoiding the payment of Special Facil ities Charges on such poor or unusable land, the Utility shall first compute a new Special Facilities Charge based on the collection of charges only for a comparable portion of good usable area within the Special Facilities District instead of the gross area of the entire District. The total Special Facilities Charge for this applicant's divided or smaller property shall then be based on this new Special Facilities Charge. 4. Advances a. Conditions Requiring Advances - Any ~pplicant, other than those excluded in B.4.b., who developes property in a Special Facilities District shall pay for all Special Facilities re- quired by the Utility to serve the property being developed; his share of prior advances; or his Special Facilities Charge, whichever is greater. Special Facilities in excess of the minimum needed to serve applicant's property may be required by Utility to be installed, and in such a case, applicant shall pay for such excess facilities. Excess facilities generally will be required by Utility, if needed, to conform to the Utility1s Master Plan for the High Elevation System. An alteration or addition to a facility shall be considered a separate special facil ity. The Utility may alter or add to the Special Facilities in a Special Facil ities District, if it is considered in the best interests of the Utility. The Utility shall then be entitled to refunds as outl ined below. (Cont i nued) ,............. ISSUED BY Gordon W. Hoyt Utilities Director Effective by Resolution No. Superseding Resolution No. Dated Dated OWAT-30 -"'~'"''''''~''~''.""~--''''''''-'-'--~''''-~'''''"",~-',~-".~~""",,,,_..,.-,^"""",~,,.,,~.,.,,.,",""-".,~~,---,,,, CITY OF ANAHEIM Water Uti I i ty Post Office Box 3222 Anaheim, California 92803 Page No. 3.IS.8 RULE NO. .l.2. MAIN EXTENSIONS (Continued) B. SPECIAL FACILITIES (Continued) 4. Advances (Continued) b. Appl icants for small developments that do not have a signif- icant effect on the Special Facil ities District, shall not be required to pay their share of Prior Advances or their Special Facilities Charge, but will be required to advance funds for new special facilities needed to serve their property. A small development is defined as an applicant's own residence or business, or a property with a gross area of less than one per cent of prior appl icant's gross areas and equal to or less than five acres. These applicants shall not be exempt from payment of the Special Facilities Surcharge. c. Cost Bases for Determining Advances - The cost of the Special Facilities to be used in determining the amount of advance required shall include only facilities and installation costs that are shown in the Special Facilities District documents. Thls cost shall include, but is not limited to engineering costs, cost of land for reservoirs, booster pumping plants, water mains, grading, paving, retaining walls, curbs and drainage facil ities; and the cost of all other improvements necessary to make these facil itles a permanent operating water installation integrated with the water system of the Util ity. Transmission and distribution mains in the High Elevation System are treated the same as all areas through- out the City. d. In lieu of providing the advances in accordance with Section b.4.a., the appl icant for water service that requires Special Facilities, shall be permitted, if qualified in the judgment of the Utility, to construct and install the facil ities himself, or arrange for their installation pursuant to competitive bidding procedures initiated by him and limited to contractors who possess a current California Contractor's License permit- ting them to do this type of construction work. The cost, including the cost of inspection and supervision by the Utility, shall be paid directly by appl icant. The applicant shall provide the Utility with a statement of actual construction cost in reasonable detail. The amount to be treated as an advance subject to refund shal I be the lesser of (1) the actual cost, or (2) the price quoted in the Utility's detailed cost estimate. The installation shall be in accordance with the (Continued) ISSUED BY Go rdon W. Hay t Utilities Director Effective by Resolution No. Superseding Resolution No. Da ted Da ted ""~T-30 _., _~"_~,~,,,,~~",,_.-.......,,,,,.~_,.........~,_,,">.~,,..,,.,_.,,.__..,,._...,,,..'",_.."~",~,~~._,,,,~<_o~,,"_,.~,,,.,.~...,.~..",.,__.,.,",_,~._",,,"",."M""",,~"_'_~_"_""""~'_'__~""""""~_"_" C!TV OF ANAHE I M Water Utility Post Office Box 3222 Anaheim, California 92803 Page No. 3.15.9 , . . " ; ~ -"""'- RULE NO. l2. t-1AIN EXTENSIONS --rE'ont i nued) B. SPECIAL FACILITIES (Continued) 4. Advances (Continued) plans and specifications submitted by the Utility pursuant to Section B.8.b. e. If all planned Special Facilities within a Special Faci1 ities District have been completed, the amount of advance by an applicant shall not exceed the balance of any remaining refunds within that Special Facilities District. 5. Refund of Advances a. Each advance in excess of the Special Facilities Charge shall be refunded from subsequent Applicants Share of Prior Advances, Special Facilities Charges, or payments collected as special facilities surcharges from customers in the App1icant's Special Facilities District, in accordance with a written agreement between the Utility and the applicant. Refund of the amount of the Special Facilities Charge shall be made only from the Special Facilities Surcharges. b. The total amount of any refund to an applicant shall not exceed the amount of his advance, without interest. c. Refunds shall be subject to any existing Revenue Bond Covenants, and shall be junior to any present or future bond payments. d. The Utility shall make refunds to the applicant who made an advance, or his assignee, for a period of thirty years from the date the advance was made, or until the amount of the initial capital investment has been paid, without interest, whichever comes first. e. When it has been necessary for the Utility to advance funds to alter or add to the Special Facilities in a Special Facilities District, funds available for refunds will first be applied to the Utility's advance before Section B.S.f. is applicable. (Cont i nued) ,.-."'-- ISSUED BY Gordon W. Hoyt Utilities Director Effective by Resolution No. Superseding Resolution No. Dated Dated WAT-30 CITY OF ANAHE 1M Water Utility Post Office Box 3222 Anaheim, California 92803 Page No. 3. 1 5. 1 0 ".'r. /I ~--/ /~ RULE NO. l2. W\IN EXTENSIONS --CContinued) B. SPECIAL FACILITIES (Continued) 5. Refund of Advances (Continued) f. Where t\'JO or more applicants in a Special Facilities District have paid advances in a Special Facilities District, they shall each receive as refunds a proportional amount of the funds . received from Shares of Prior Advanc~s, and Special Facilities Surcharges a~ailable for refund. An applicant shall not be el igible for a refund from the Share of Prior Advances, or Special Facilities Charges advanced by him. The proportional amount of refund is determined by multiply- ing the gross amount available for refund times a weighted factor for each applicant. The numerator of this factor is the product of the applicant1s original advance, multiplied by the number of years since the applicant's advance. The denominator of this factor is the sum of the numerators for all applicants. The number of years shall be calculated to the nearest month. g. The Utility shall make yearly refund payments to the applicants in September of each year, for all shares of Prior Advances and surcharge revenue received, less administrative costs, during the preceding fiscal year. The fiscal year extends from July 1 to June 30. h. No refunds will be made by the Utility for temporary or interim Special Facilities. .6. Miscellaneous a. Rendition of Water Service - The Utility shall not be obligated by the establishment of a Special Facilities District to serve any portion thereof until all applicable financial arrange- ments have been completed. b. Revision - The Utility reserves the right at any time to revise and update the Special Facilities documents provided that such revision shall not affect contracts which have been executed pursuant to this rule. (Cont i nued) . """......-... ISSUED BY Gordon W. Hoyt Utilities Director Effective by Resolution NO. Superseding Resolution No. Dated Dated WAT-30 C!TY OF ANAHE I H Water Uti 1 i ty Post Office Box 3222 Anaheim~ California 92803 Page No. 3. 15. 11 .-- Ji!:tb1 NO. II MAIN EXTENSIONS ~ontinued) B. SPECIAL FACILITIES (Continued) 7. Ownership, Design and Construction of Soecial Facilities a. Any Special Facilities installed hereunder shall become the sole property of the Utility after acceptance by the City. b. The design of Special Facilities shall be done by the Utility or a consulting engineer retained by the Utility. The actual construction shall be done by the Utility, a contractor employed by the Utility, or by a contractor employed by the appl icant as outlined in B.4.d. c. When a Special Facility must comply with an ordinance, regulation, or specification of a publ ic authority other than the Utility, the construction costs of said Special Facility shall be based upon the additions required to comply therewith. 8. Estimates, Plans and Specifications a. Upon request by a potential applicant for a Special Facility, the Util ity shall prepare, without charge apreliminary sketch and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a Special Facility requesting the Utility to prepare detailed plans, specifications and cost estimates shall be required to deposit with the Utility an amount equal to the estimated cost of preparation of such material. The Utility shall, upon request, make available within a reason- able period after receipt of the deposit referred to above, such plans, specifications and cost estimates of the proposed Special Facility. c. In the event a Special Facilities contract with the Utility is executed within 180 days after the Util ity 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 for the Special Facilities and the amount of the forfeited deposit shall be credited to the account or accounts to which the (r"n" i rll ",,.1) I SSUED BY Gordon W. Hoy-t Uti lities Director Effective by Resolution No. Superseding Resolution No. Da ted Dated WA T-30 "."^".....~"'.."'~~~""'_.~"'....~~""~....._".~."...._.v.,.~..,,~__~_.,"^"'__.....=-"'-~..."....-'"----"'.~-~.......""'"....~,---_.............._--_..._.- CITY OF ANAHEIM Water Utility Post Office Box 3222 Anaheim, California 92803 Page No. 3.15: 12 Jll11I NO. 12 fo4AlN EXTENSIONS (COntinued) B. SPECIAL FACILITIES (Continued) 8. Estimates, Plans, and Specifications (Continued) expense of preparing said material was charged. d. When detailed plans, specifications and cost estimates are requested, the applicant for a Special Facility shall furnish the Utility accurate maps showing the'topography, boundary of his total contiguous property, and street and lot layouts of the various parts of the area to be developed. If changes are made subsequent to the presen- tation of this map by the applicant, and these changes require additional expense in revising plans, specifi- cations and cost estimates, this additional expense shall be borne by the applicant, not subiect to fpfllnd. .- -' .- ... ......... .~- - -- ~-. 9. Timinq and Adiustment of Advances a. Unless the applicant for the Special Facility elects to arrange for the installation of the Special Facility himself, as permitted by Section B.4.C., the full amount of the required advance or an acceptable surety bond must be provided to the Utility at the time of execution of Special Facility agreement~ b. An applicant for Special Facilities may be required to deposit sufficient cash to cover the cost of such Special Facilities before they are ordered by the Utility. c. An applicant for a Special Facility who advances funds shall be provided with a statement of actual construction cost showins in reasonable detail the costs incurred for ~~terial, ~a2or, any other direct and indicect costs, overheads, and total costs; or unIt costs; or contract costs, whichever is appropriate. ...;'..-....., ISSUED BY C.ordon W. Hoyt Utilities Director Effective by Resolution No. Superseding Resolution No. _Dated Da ted ....wAT-30 CITY OF ANAHEIM Water Utility Post Office Box 3222 Anaheim, California 92803 Page No. 3.15."13 RULE NO. l2. MAIN EXTENSIONS (Continued) B. SPECIAL FACILITIES (Continued) 9. Timinq and Adjustment of Advances d. Said statement shall be submitted within sixty days after the actual construction costs of the installation have been ascertained by the Utility. In the event that. the actual construction costs for the entire installatIon shall not have been determi nedwi thin 120 days after . " completion of construction work, a pr:liminary determina- tion of actual and adjusted construction ~o~ts sh~ll be submitted, based upon the best available Inrormatlon at tha t time. e. Any differences between the actual construction costs and the a~ount advanced shall be shown as a revision of the amount of advance and shaH be payable within thirty days of date of submission of statement. 10. Special Conditions a. Exceptions - Exceptions to the above mentioned policies and rules for a specific Special Facilities District shall be set forth in the Special Facilities District documents of the said Special Facilities District. b. Special Situations - Special conditions of service, facili- ties and related matters applicable to these Rules and Regulations not expressly covered,.shall be resolved by the Utilities Director. . c. Exceptional Cases - In unusual circumstances, when the application or these rules appears impractical or unjust, the developer may refer the matter to the Utilities Oirector for special ruling or for the approval of . special conditions, which are agreed upon~ prior to commencing construction. If the matter is not satis- . factorily resolved with. the Utilities Director. the developer r.ay petition the City Council for final deternli na t ion. "....'~ ISSUED BY Gordon W. Hoyt ~ilities Director Effective by Resolution NO. Superseding Resolution No. Dated Dated WAT-30