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HomeMy WebLinkAboutCC RESO 9170RESOLUTION NO. 9170 RESOLUTION AUTHORIZING EXECUTION OF MAIN EXTENSION CONTRACT WITH CALIFORNIA-AMERICAN WATER COMPANY BE IT RESOLVED by the City Council of the City of National City that the City Engineer be and is hereby author- ized to execute that certain Main Extension Contract between the City of National City and the California -American Water Company for extension of services to assessment District No. 149 at the cost of $4,800.00, such expenditure being hereby authorized. PASSED AND ADOPTED this 2nd day of August, 1966. ATTEST: mg17(riz, EX O N. C -I' } CC, �.F; � STD_. �0 ����� SUBDIVISIONS, 'R'C_S, HOUSING PRv�TC_S, �_-O S 1'L DEVELOP1,1ENIS OR ORGANIZED COMMER ---D DPSTRTCTS Util_ts Name I F O R \ i.. n. C ' . STS 0 7;7,TE - 0c 'r Address 3oc� Third_�_venv.e, Chula v=_s', - 9 i/}' Applicant Name CITY 07 ,_; r r-ro7iNssnm ice'. f 77 Address > pLL272 l o ��,.� C, .r 92050 Preliminary Statement This contract is entered into pursuant to the requirement of, and in accordance with the various applicable provisions of, utility's main extension rule in effect and on file with the California Public Utilities Commission, a copy of which rule is attached hereto and made a part hereof. This contract does not, therefore, require specific authorization of said Com- mission, to carry out its terms and conditions. Purpose of Contract Applicant hereby applies for a water main extension. The facilities described in attached Exhibit B shall be installed by utility, and those described in Exhibit C by applicant. Such facilities will be used for the purpose of furnishing public utility water service to that certain property known as , s 5 District i c, <-= r ror--�on of 0.l=-_te Section �2a Rancho de and delineated on that map attached hereto as Exhibit A. Advance Applicant shall advance the amount of $ L.RO0.00 to cover the cost of facilities described in said Exhibit B, pursuant to Section C.l.a. of utility's filed Main Extension Rule, which amount includes -,tone which has already been advanced pursuant to Section A.5.b. of said rule, before construction of the main extension is commenced, subject to revision of the amount advanced Pursuant to Section A.6,e, of said rule. Applicant agrees to pay the cost of installed facilities described in Exhibit C, pursuant to Section C,l.c. of said rule. The portion of such cost to be treated as an advance subject to refund shall not exceed $ None Refunds The amount advanced shall be subject to refund pursuant to Section C.2., Refunds, of utility's filed Main Extension Rule. For refunding purposes, the number of customers for which the extension is designed shall be considered to be 17 servlc:a •8, r; r drant. The effective date of this contract shall be , l9 6. • .Signatures Utility Applicant CAT TGTSf nn E RP-Cr r1J.E3CCU ✓Y Date =266 Date 1 066 Estimated cost of installing water mains and ap.ourtenances to serve CITY OF -NATIONAL CI Tv ASSESSMENT DISTRICT bey 3 a portion of Quarter Section 149, 'Rancho de la Nacion, as delineated on Exhibit "A": 1, Install 650 feet of 6" A.C. Main in"Q" Ave }2,8co .00 2. Install 17 services 1,4co.00 3. Install I - 6" Fire an 6o0.00 Tota Estimated Cost $4,800.00 `1.1A1-11.21. ~d^ NO FACILITIES T BE INSTALTNSTATIED . APPLICANT , • 4 0 10 QJ 4 0 r :() 1 c).17,17. Lc: . • • cr)-1;-.: (.1.1 . VNJ L. ii i N.. `... ! ... "..... N 4 Rule MAIN EXTENSIONS A. Genera! Provisions and Definitions 3. Applicability a. All extensions of distribution mains, from the utility's basic production and transmission system or existing distribution system, to serve new customers, except for those specifically excluded below, shall be made under the pro- visions of this rule unless specific authority is first obtained from the Commission to deviate therefrom. A main extension contract shall be executed by the utility and the applicant or applicants for the main extension before the utility commences construction work on said extension or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the utility. b. Extensions solely for Ere hydrant, private fire protection, resale, tempo- rary, standby, or supplemental service shall not be made under this rule. c. The utility may, but will not be required to, make extensions under this rule in easements or rights of way where final grades have not been estab- lished, or where street grades have not been brought to those established by public authority. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will be changed, the utility shall require that the applicant or applicants for the main extension deposit, at the time of execution of the main extension agreement, the estimated net cost of relocating, raising or lower- ing facilities upon establishment of final grades. Adjustment of any differ- ence between the amount so deposited and the actual cost of relocating, raising or lowering facilities shall be made within ten days after the utility has ascertained such actual cost. The net deposit representing actual cost is not subject to refund. The entire deposit related to the pro- posed relocation, raising or lowering shall be refunded when such dis- placements are determined by proper authority to be not required. 2. Limitation of Expansion a. Whenever the outstanding advance contract balances exceed 50% of the total water utility plant less depreciation reserve, the utility shall not make any further extension of distribution mains without authorization of the Commission. b. Whenever the outstanding advances reach the above level, the utility shall so notify the Commission within 30 days. 3. Definitions a. A "bona Ede customer", for the purposes of this rule, shall be a customer (excluding any customer formerly served at the same location) who has given satisfactory evidence that service will be reasonably permanent to the property which has been improved with a building of a permanent nature, and to which service has commenced. The provision of service to a real estate developer or builder, during the construction or development period, shall not establish him as a bona fide customer. b. A "real estate developer" or "builder", for the purposes of this rule, shall include any individual, association of individuals, partnership, or corpo- ration that divides a parcel of land into two or more portions. c. The "adjusted construction cost", for the purposes of this rule, shall be reasonable and shall not exceed the costs recorded in conformity with generally accepted water utility accounting practices, and as specifically defined in the Uniform System of Accounts for Water Utilities prescribed by the Commission, of installing facilities of adequate capacity for the service requested. If the utility, at its option, should install facilities with a larger capacity or resulting in a greater footage of extension than re- quired for the service requested, the "adjusted construction cost", for the purposes of this rule, shall be determined by the application of an adjust- to .nit -t. :ctSo_t cost of i_.. ineislied. This factor '' ratio estimated co �„ of t°cant ic' :t:al ilto:, Cn estimated cost o, actual ..a'llities ic;,.tllcd. 4. O,c'r'sfl in, flydgn and Corr strurtiwa of i''ecifi!ics a. u installed, hereunder shall he the solo property of the utility. cos os .n which title to certain portions of the installation, said,. as fife hydr:-ais, will be held by a political subdivision, such facile. --it's >ludlnot be inelutied as a part of the train extension under this rule. b. The size, type, quality of ' erial:s, and their location shall be specified by the r.ti'lity; and the actual construction shall be done; by the utility or b;; .t cons.; ending, ayenev rnfable to it. c. Where the property of an applicant is located adjacent to a right-of-way, exec'::lug Td feet in width, for a street, highway, or other public purpose, regardless of the width of the traveled way or pavement; or a freeway, waterway, or railroad right-of-way, the utility may elect to install a main extension oa 1.11e san•.c side thereof as the property of the applicant, and the estimated and adjusted construction costs in such case shall be based upon such an extension. d. When an extension must comply with an ordinance, regulation, or speci- ileation of a public authority, the estimated and adjusted Construction costs of said extension shall be based upon the facilities required to coin ply therewith. 5. . siirurfcs, Plar¢s and Specifications a. 'Upon request by a potential applicant for a in. _ extension, the utility shall prepare, without charge, a preliminary al c of and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a main extension requesting tee utility to prepare de- tailed plans. specifications and cost esti:woes shall be required to deposit -s tillt the utility as amount ._ to the estimated cost or preparation of such material. The utility t. u• 1 on reqamst, make, available within 45 days afterreceipt: of the deposit re:..ri 'ed to ahoze, such plans, specifications and cost estimates of the si-oposed anzin extension. If the extension is to in- clude overeizir.g of facilities to be done at the utility's expense, appropriate details shalhhe set forth in the Mans, spe. ilea Lions and cost estimates. e. In the event .a main extension contract psi'-h the utility is executed within 1St) days after the utility furnishes the detailed plats and. specifications, the deposit shall become a part of the advance, and shall be refunded in accordance with the termsq of the main extension emttraet. If such contract is not so executed, the deposit to cover the cost of preparing plans, speci- fications and cost estimates shall be fcn_'rted by the applicant for the main extension and the amount of the forfeited deposit shall be credited to the account or accounts to which the expense of preparing said material was charged. d. When detailed plans, specifications and cost estimates are requested, the applicant for a main extension shall furnish a map to a suitable scale show- ing the street and sot layouts and, when requested by the utility, contours. or other indication of the relative eleva:Lion of the various parts of the area to be developed. If changes are made subsequent to the presentation of this snap by the applicant, and these changes require additional expense in revising g plans, , specifications' and cost estiniates, this additional expense shall he borne lee the applicant, Cast .subject to refund, aced the additional expense thus recovered snail lee credited to the account or accounts to which the additional expense was charged. C. Tip, rosy and zidj'usim,ernt of sideancas a. Unless the applicant for the main extension elects to arrange for the in- stallation of the extension himself, as pcsmttted by Section also., the _`ail amount of the required advance er ran accet,lah'e surety bond must be pro- vided to the utility at the time of execution of the train extension agree- ment. 2 b. it tl i.osts i surety ,,n,I in lira a ;vh r.,. 11 ` 1r:is I.h:m ton calendar r hied, day'a Iles ore c� nstruction howe, :h t if - ciai ,.c-i. Lc:, are tc:luia L ;t i.:r.,; .ly .,t Paw requested, the applicant for the extension may IA required to doln:isit 5araicicnt cash to Clver the cost of such special facilities beforeac o:durtl by the utility. c. An applicant for a main extension who advances, funds shall be provided with .t statement tt of actual l relent, .ctu..t riot anti adjusted constmattien worst showing in reasonable detail the codes incurred for ntateri:,l, labor, any usher direct and indirect costa, overheads, :m,:l total costs; or unit costs; or contract costs, whichever are appropriate. d. sold stet meat slush sixty days after tl:e actual con- struction costs Of the installation have been ascertained by the utility. In the event that the actual construction truction costs for the entire installation shall not have been detu'nuued ,vithin 120 :lays after completion Of construction wort.:, a preliminary determination of net -mil and adjusted construction costs shall be submitted, based upon the best available information at that time. e. Any differences between the adjusted construction costs and the amount advanced shall be shown as a revision of the amount of advance and shall be payable within thirty days of date of submission of statement. 7. Assigamc;:.t of %Lain Extension Conh'¢cts Any contract entered into under Sections 11 and C of this rule, or under similar provisions of former rules, may be assigned, :after settlement of ad- justed construction costs, after written notice to the utility by the bolder of said contract as shown by the utility's records. Such assignment shall apply only to those refunds which become due more than thirty days after the date of receipt by the utility of the notice of assignment. The utility shall not be required to make any one refund payment under such contract to lucre than - a single assignee. S. Bite egad Deviations In case of disagreement or dispute regarding the application of any prevision of this rale, or in circumstances where the application of this rule appears unreasonable to either party, the utility, applicant cm applicants may refer the matter to the Commission for determination. B. Extensions to Servo Individuals 1. Tree -Footage Allowance The utility shall extend its water distribution mains to serve new bona fide customers at its own expense, other than to serve subdivisions, tracts, lousing projects, industrial developments or organized commercial districts, when the required total length of main extensions from the nearest existing utility facility is not in excess of ;iffy feet per service connection. 2. Advances IC the total length of main extension is in excess of 50 feet per service con- nection applied for, the applicant or applicants for such service shall he re - (faired to advance to the utility, before construction is commenced, that por- tion of the estimated resonabie cost of such extension which exceeds the eecno:ated reasonable cost of 50 feet of the main extension per service connec- tion, exclusive of the cost of service pipes, meter boxes and :deters. Such esti- mated reasonable cost shall he based upon the cost of a grain not lb excess of 2 inches in diameter except where a larger main is required by the special needs of the applicant or applicants. Tim amount of the advance is subject to adjustment in accordance whit the provisions of Section A.u.e. of this rule. 3. Pcfands The money so advanced shall be refunded by the utility, in cash, without in- - torest, in payments equal to the adjusted construction cost of 50 feet of the , main extension for which advance was made, for each additional service connection made to said main extension exclusive of that of any customer 3 for r1,y : 1vrvl_ in a reitimaa'aiit':...::n_c .t IL l: • i r r 1 _fi0 days site: i . dal So vefunds shall be .:ads after :h s t. No:ioa of the ... an extension and i!e iota) amount advanced. de customer. l:o date of cora- 1 not eacu:d tile 4. 1)1nceptions -Where a group of five or more ;..1,om the same c_s1.2si0n, or in unusual caps toilitr o' �,-i.I,17 s�ia�1- 1 ',r :loon, Cie utility, al its option, may reciaire that t. ^ i:1d'. •.::1 or :c v.rl'1a1s ad- vance the eat re cost of the 11:ti h ciattaision r Letei 1 h 0011: e11 and th e ut€lity ..ull refund this advance 1s provided in Section 0.2. of this tulle. C. Extensions to Serve Subdivisions, Tracts, rousing Projects, Industrial Developments or Organized Commercial Districts 1. ALduance3 a. Unless the rn'ocacure outlined in Section C.l.e. is followed, an r. :leant for a main extension to serve a new scbtlivision, tract, housing project, in- thistrial development or organized commercial district snail be requtred to advance to the utility, before ennstr..etion is commenced, tii^, estimated reasonable cost of the extension to be actually installed, from the nearest utility facility at least equal in size or capacity to the main required to serve both the new customers and a ssorable estimate of the potential customers who Ini ht he served directly from. the main extension without additional extension. Thecosts of the extension shall include necessary service stubs or se Vice quip: fittings, gates am) ' o ussing '1 refor, and meter boxes, but shall not include ma tars To this shall be added the cost offire hydrants when requested ted by ..':e _iplicant for the miain extension or rennirc:1 by public authority, wlai evet such inyclra11is are to become the property of the utility.. h. If, for any purpose, special facilities are required primarily for he service requested, the cost of such special facilities may lie .eluded ha the ad- vance, subject to refund, as hereinafter provided, along wrleb refunds of the advance of the cost of the extension facilities described in Section C.1.a. above. c. In lieu of providing the advances i;. accordance with Sections C.1.a. and C.I.bmain., the applicant formainextension shall be permitted, if qualified in the judgment of the utility, to construct and install the facilities him- self, or arrange for their installation pursuant to competitive bidding pro- cedures initiated by him and limited to cualiSod 'The cost, includ- ing the cost of inspection and supervision by the utility-, shall be paid directly by applicant. The applicant s'.^11 provide the utility- with a state- ment of actual construction coat ih real o`a1:b1e detail. The amountn:t to be treated as an advance subject to refund shall be the lesser of (1) the actual cost or (2) the price quoted i11 the utility's detailed cost estimate. The. installation shall be in accordance with the plans and specifications submitted by the utility pursuant to Section 2. Refunds a. Ole amount advanced under Se:lions 0.1.a., C.1.17). and C.l.e. shall be suhjact to refund by the unity-, in cash, 'without interest, to the party or patsies entitled thereto ns set to'-k i:. -ne Z0110wcil`; two paragraphs. The total amount so refn:uled shall not exceed the total of the animist advanced. Except as hereinafter provided, the refunds shall be matte in annual, semi- annual or quarterly payments, at the election of utility, and for a period not to exceed 20 years after t1:o da0c of the contract. b. (wiihenever costs of :main .....tons have been adv::Heed pursuant to Sec- tions C.i.a. or 0.1.c., the utility shah determine the ray:ittle received from e115tomers including lire prctoction :.> nii;s, supplied by ,CI -Vice pipes con- • nested dircetly to the extension for which the: cost was advanced. The • refund shall be 22c/o of the revenue so received. o .n o e. Whenever (:(sus ;If apt sighs O.S.b- or C.l.c., the err.„tics • number of lots to be served by tl ..:ai b;: . fundc,i for each lot on r:teL oak served 'ly facilities. o With respect to a ce aC act entered iota on and after the e c ,• r of ;-rune, if, at any time during the i rear monad period sintelliedabove, SO% of bona fide customms for which the extension or special :o s were designed are r, i 1g . _ 'ed therefrom, the utility l iu „b tely notify the contract holder of flo ,t fact,and at that time :: ell become obligated o pat in cash any imiance which may ,, rootr : Unr,-1:IfThd at the end of said 20 i ear period. Sueb balance shall be refunded in five equal annual installments, payable beginning 21 years after the date of the contract. e. Where a contract has been entered into under a former main mete; rule, and where 53% of the r a `i' e. -'mo s for which the <x:e.sion or special facilities were designed are being serrol therefrom, the utility may negotiate and enter into a new and substitute contract, identical in all respects with the original contract, including the original termination date, except that said substitute contract shall include the following pro- vision: "Notwithstanding any other provisions hereof, any i::refunded balance remaining at the termination date o this contract shall be paid in five equal annual installments beginning one year after said termination date." The advice letter provisions of Section 1 of General Order No. OE A shall apply to all such replacement contracts. 3. Termination of Plain Extension Contracts a. Any contract -entered into under Section C of this rule, of under similar provisions of former rules, may be purchased by the utility and terminated, after first obtaining the authorization of the Commission, at any time after the number of bona tide customers then reeeiving sentice from the extension for which the advance was made equals least o0 -o of he, total e c number of hoax dole customers for which such extension was designed by the utility, provided the payment is not in excess of the present worth, at 3% per a r, n of an annuity with annual payments equal to the -refunds payable under the Stain extension contract florins; preceding year to the floral refund date which would otherwise apply, and the terms are otherwise muturally agreed to by the parties or their assignees and that Section C.3.b. and Section 0.3.c. hereof are complied with. . b. The utility, in requesting authorization foe such termination, shall furnish to the Commission the following information in writing by au advice letter in time event the termination is to be accomplished 'hared by payment in cash, or by a formal application under Sections S13-S30 of the Public Utilities Code if payment is to be made otherwise: (1) A copy of the main extension contract, together with data adoc,uately describing the development for which the ad;a.ce was made and the total adjusted construction Bost of the extension. (2) The balance unpaid on the cent -met and tile calculation of the present worth, as above defined, as of the date of termination and the terms under which the obligation is requested to be terminated. (3) The name of the holder of the contract when terminated. (4) The total number of bona fide cnstonters for which the extension was designed and the number of bona fide customers actually receiving service on said extension as of the propose: termination date of the contract. c. Discounts obtained by the utility froxa contracts terminated under the provisions of this section shall be accounted for by credits to Ac. 205, Contributions in Aid of Construction.