HomeMy WebLinkAbout04/07/82
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~ AGENDA
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, APRIL 7, 1982
4:00 P.M.
Call meeting to order
Roll Call - Board Members: Barton, Chairman; Payne, Ratty, Kelmar
Oberholzer
1. Approve minutes of Special Water Board Meeting of March 15, 1982.
2. Scheduled Public Statements
3. Correspondence
4. Agreement between the City of Bakersfield and California Water
Service Company for the Operation and Maintenance of the Fair-
have Water System. - MOTION TO RECOMMEND ACCEPTANCE BY CITY
COUNCIL.
5. Deed and Bill of Sale of California Water Service Company's
water ,service area within the Fairhaven System. - MOTION TO
RECOMMEND CITY COUNCIL ACCEPTANCE OF THE DEED AND DIRECT
PAYMENT OF THE SALE.
6. Special Facilities Contract with Tenneco Realty Development
Corporation to construct and acquire a well, reservoir, and
booster plant near Mohawk Street and Truxtun Avenue. - MOTION
TO RECOMMEND CITY COUNCIL TO EXECUTE THE CONTRACT.
7. Staff Comments
8. Board Comments
9. Adjournment
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f M I NUT E S
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SPECIAL MEETING
WATER BOARD - CITY OF BAKERSFIELD
MONDAY, MARCH 15, 1982
4:00 P.M.
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~ The meeting was called to order by Chairman Barton in the Depart-
ment of Water Conference Room.
The secretary called the roll as follows:
Present: Barton, Kelmar,Oberholzer
Absent: Payne, Ratty
The minutes from the meeting of February 3,1982, were approved
as presented.
Special Facilities Contract with Tenneco Realty Development
Corporation to construct and acquire a well, reservoir, and
booster plant near Mohawk Street and Truxtun Avenue was pre-
sented to the board. At this time Mr. Dale Hawley, Public
Works Director for the City gave a d~tailed map illustration
of the area involved. He stated there were inadequate water
facilities to handle the ultimate growth in this area. Pre-
sently the area is served by well stations five (5) and six (6).
The total estimated cost of the project is $964,300. Tenneco
has agreed to construct the facility and then as the area de-
velops the City would reimburse Tenneco for the proportionate
share of the area that was developed. The City will eventually
'- pay for the entire system out of the Domestic Water general
revenue funds. The City would eventually own all of this
facility and as soon as the contract is completed the City
would immediately take over ownership. As the area developed
the City would reimburse Tenneco for 63% of the initial con-
struction cost.
Mr. Kelmar at this time questioned what type of income the
City would be getting from the property. Mr. Hansen stated
that a study of this has not yèt been made. After further
discussion between board and staff, the board still had a
number of unanswered questions as to jus.tification and benefit
of the contract and requested this information be brought back
to the board. At this time Mr. Hawley stated that Mr. Thomas
M. Stetson, Consulting Engineer for the City has approved the
contract. At this time Mr. Oberholzer made a motion that item
number four (4) be postponed until the next regular Water Board
Meeting. .
There being no further business to come before the board,
Chairman Barton adjourned the meeting at 4:20 P.M.
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\ James J. Barton, Chairman
L-. City of Bakersfield Water Board
Linda Hostmyer, Secretary
City of Bakersfield Water Board
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WATER BOARD ~ CITY OF BAKERSFIELD ,I
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ITEMS FOR AGENDA
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Agenda Section NEW BUSINESS
Requesting Department PUBLIC ¡I:ORKS
Date for Water Board Action April 7, 1982
1. Description of Item: Agreement between the City of Bakersfield and
California Water Service Co. for the Operation & Maintenance of
the Fairhaven Water System. .
2. Comments: This agreement provides for California I\'ater Service Company
to operate and maintain the Fairhaven Water System under terms
simi lar to the Ashe Water System agreement. The termination date
is December 31, 19R2 with provisions for a year to year extension.
Stetson Engineers has reviewed the agreement and recommends approval;
the staff concurs \vi th this recommendation.
3. Suggested Action: Motion to recommend acceptance by City Council.
4. Attachments: Agreement
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.~ /~; fT-
(Director of Public Works
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Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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A G.R E E MEN T NO.
THIS AGREEMENT, dated Narch 22, 1982, by and
between the CITY OF BAKERSFIELD, a California municipal
çqrporation ("City"), and CALIFO~~IA ~ATER SERVICE COMPANY,
a California public utility water cor~oration ("Company"),
WIT N E SSE T H:
WHEREAS I Company furnishes public utility water
serviçe throughout the State of California, ~ncluding service
to customers in the City of Bakersfield and surrounding unin-
corporated areas; and
.'iHEREAS, City and Company have entered into an
agreement dated July 19, 1981 under which City has agreed
to buy and Company has agreed to sell that portion of Comp:my's
Bakersfield district facilities ("CWS Facilities") which
p~e3~ntly provide service to the Fàirhaven area of City north
of the Kern River and westerly of pierce Road as shown on
the map attached hereto as Exhibit A, which area is hereinafter
referred to as the Fairhaven Area; and
WHEREAS City owns two domestic water systems which
furnish service to customers within the Fairhaven Area,
namely
1) the system formerly operated
by the Fairhaven Mutual Water Company ("Mutual
Facilities") serving approximately 40 customers,
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2) the system formerly operated
by Fairhaven Industrial Fire Protection
District ("District Faci1ities~) serving
approximately 12 customers; and
WHEREAS City desires that Company, on City's behalf
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:: and as agent for City, operate (1) the CWS Facilities following
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the transfer and conveyance thereof. from Company to City,
(2) the Mutual Facilities and the District Facilities following
written notice from City, and Company is willing to operate
the CWS, Mutual and District Facilities (collectively
"Fairhaven Facilities") ~ot as a public utility service but
as agent for City and under the supervision of City, all
in accordance with the provisions of this Agreement hereinafter
set forth;
.NOW, THEREFORE, the parties hereto hereby agree
as follows:
1. Term. The term of this Agreement shall commence
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,as to either or both the Mutual and District Facilities 15
days following written notice from City to Company requesting
Company to start operations hereunder and as to the CWS
Facilities upon the Closing Date set forth in paragraph 11
Ðf said agreement dated July 19, 1981. The term of this
Agreement shall terminate as to the Fairhaven Facilities
on December 31~ 1982, provided, however, that such term shall
be renewed for successive periods of one year each unless
either party hereto shall no~ify the other on or before July
1, 19811 or on or before any July 1 thereafter, of its
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" election to terminate this Agreement o~ the next succeeding
December 31. In the event of such notice, this Agreement
shall, terminate' on such next succeeding December 31.
2. Operation of Facilities. During the term
hereof Company agrees,' on City's,behqlf and as agent for
and under the superv isiori of Ci,ty, to operate the Mutual,
District, or CWS Facilities, as the case maybe, and to do
all acts reasonably necessary to furnish domestic water
service to customers within the Fairhaven Area shown on
Exhibit A hereto. Without limiting the generality of the
foregoing' and subject to the provisionß of this Agreement,
Company agrees to operate the Fairhaven Facilities on a daily !
basis, to perform maintenance and repairs thereon as needed
from time to time, to render monthly bills on behalf of City
to all customers receiving water from the Fairhaven Facilities, r
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to use reasonable efforts to collect all such bills on behalf t
of City, to pay all "0 & M Expenses", hereinafter defined,
to compute the amounts of refunds, if any, on.behalf of City
where City may be obligated to make refunds under extension
agreements heretofore or hereafter entered into by City relating
to the Mutual or District Facilities or where City is
obligated to make refunds under extension agreements here-
after entered into by City relating to the CWS Facilities,
and in general to do such acts and perform such services as
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, would City if it were operating the Fairhaven Facilities.
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In this connection, Company agrees to operate and maintain
the ~airhaven Facilities in a manner similar to that in which
it operates its Bakersfield district, subject, however, in
-. all respects to the provisions:of this Agr~ement.
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3. Management Fee. In consideration of the
,services to be performed by Company as City's agent in
operating the Fairhaven Facìlitiès, and as Company's sole
fee for performing such services,' City agrees to pay to
Company each year during the term of this Agreement an
amount equal to 2 1/4% cC the gross revenues bill~d by
Company for service rendered and water delivered to
custor:lers served by the Fairhaven Facilities during the then
current calendar year. Company estbnates such gross revenues(ì~~
for the calendar year 1982 to be $ j tJ" ÕtJO . On or before I'
December 15 of each year during the term of this Agreement,
Company shall notify City in writing of its estimate, subject
to City's approval, of such gross revenues for the calendar
year next following. Within 90 days after the end of each
such calendar year, Company shall account to City for the
actual revenues so billed by Company during the preceding
calendar year. If the aggregate o~ such management fees
paid by City to Company applicable to any such calendar year
shall exceed or be less than the aggregate of such management
fees owing by City to còmpany based on such accounting by
Company, Co~pany shall remit the excess to City with such
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. accounting or City within 30 days after receipt of such
accounting shall pay the difference to Company, as the case
may be.
4. Transmitting Revenues. Company shall transmit
-,-. on each business day to such depositary as City may designate
all monies collected by or otherwis€ paid to Company for
service rehdered and water delivered under and during the
term of this Agreement. City shall promptly inform Company
of the amounts and sources of.all monies collected by or
paid to City on account of service rendered to customers
of the Fairhaven Facilities during the term of this Agreement.
5. Payment of Expenses.
(a) Company shall upon receipt send to City
all bills for (i) real property taxes and assessments, if
any, levied or assessed against the Fairhaven Facilities
or any part thereof, (ii") franchise and business taxes, if
an:', imposed upon or measured by revenues from the Fairhaven
Facilities, (iii) electric power charges incurred in operating
the Fairhaven Facilities, (iv) pump taxes levied upon extrac-
tion of water from wells serving the Fairhaven Facilities,
and (v) water purchased for delivery to the Fairhaven
Facilities.
(b) Company, in accordance with the following
provisions of this subparagraph 5(b), shall be entitled to
reimbursementfór all expenses, other than those set forth
in the preceding subparagraph 5(a), incurred by Company in
operating and maintaining the Fairhaven Facilities ("0 & ~
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" M Expenses"}. Within 30 days after the commencement of each
calendar year during the term,hereof, Company shall furnish
City with an estimate of, the operation and maintenance
expenses for that year on a per metered customer basis in
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Company's Bakersfield district, inèluding in such estimate
for such purposes the estimate of operation and maintenance
expenses of the Fairhaven Facilities, the estimated average
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number of metered customers to be served by the Fairhaven
Facilities during such year, and a proration of Company's
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San Jose General ~ffice expenses in accordance with Company's
accounting procedures authorized by the Public Utilities
Commission. In order to aid Company in estimating such 0
& M Expenses, City sha~l furnish Company on or before December
15 of each year during the term hereof, the dollar amount
as of the preceding June 30 of the gross utility plant of
the Fairhaven Facilities, including all plant installed
under extension agreements. City shall reimburse Company
for 0 & M Expenses on or before the fiftèenth day of each
month during the term hereof in an amount equal to one-
twelfth of the aggregate amount of such estimate (the number
of Fairhaven Facilities metered customers used in such
estimate multiplied by the estimated operation and maintenance
expenses per metered customer) until Company shall furnish
City with a new estimate for 0 & M Expenses pursuant to the
provisions of the second sentence of this, subparagraph 5(b),
at which timB City's monthly payment shall equal one-twelfth
of the aggregate amount of such new estimate. Within 90
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days after the end of each such calendar year, Company shall
account to City for the actual 0 & M Expenses based on the
average number of customers served by the Fairhaven Facilities
-. _during such year. There shall be excluded fro~ the estimate
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of or accounting for such 0 & M Expenses: all expe.' :,;es set
forth in subparagraph 5(a) hereof, as well as any allowance
for depreciation on the Fairhaven Facilities and any income
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tax payable by the Company.
(c) If the aggregate of such 0 & M Expenses
shall exceed the total of such monthly reimbursements from
City to Company, City within 30 days after receipt of such
accounting shall pay such excess to Company; if the aggregate
of such expenses shall be less than such monthly reimbursements,
Company shall remit the diffe>~nce to City with such accounting.
(d) Notwithstanding the foregoing provisions
of this paragraph 5, if Company shall determine that the
estimated cost of any required work of repair or maintenance
will be $2,000 or more in the case of main ieaks or $1,000
or more in the case of any other such work ("Extraordinary
Maintenance"), it shall notify City thereof in writing.
Company shall not accomplish such Extraordinary 1.::lÌntenance
unless it shall be directed to do so by City by written
purchase order or other appropriate written instrument.
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Upon receipt of such purchase order or other instrument,
Company will cause such work to be accomplished in accordance
with plans and specifications theretofore furnished to City
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by Company a"nd, upo~ completion, will- bill City for the
actual total installed cost of such work. Nothing herein
contained shall, however, be deemed to limit City's right
to cause such Extraordinary Maintenance to be accomplished
""by a person other than Company,. in.which event Company shall
bill City for Company's direct charges (including inspection
and connection charges) and construction overhead charges
at the rate of 8% of the amount billetl to City as the total
cost of such Extraordinary Maintenance item. City agrees
to pay Company any amount so billed to City pursuant to the
~ provisions of this paragraph Sed) within 30 days after receipt
of such bill. Upon completion of such work, the Company
. shall have the sole responsibility for making any required
connection to the Fairhaven Facilities. The provisions of
this paragraph 5.td) shall in no way be deemed to limit
Company's r.,;,ght to accomplish any Extraordinary Maintenance
of an emergency nature in accordance with the provisions
of paragraph 7(g) hereof.
6. Rates. During the term hereof City shall
establish and maintain such rate schedules applicable to
the area shown. on Exhibit A hereto as city shall deem
appropriate from time to time. Except for private fire
protection rate schedules, and except for flat rate
schedules applicable to domestic service from the Mutual
~Facilities, City agrees that all rate schedules applicable
to service rendered by the System shall be metered. City
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" agrees that on ,or before January 1, 1987, or at such låter
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date as may be agreed upon in writing by City and Company,
all domestic service from the Mutual Facilities wíll be metered.
7. Additions and Impr~vements.
(a) During the te~m ~~reof Company. will make
available to City the Services of its Chief Engineer
(" Eng ineer" ). Engineer, in consultation and cooperation
with City's staff, will review operating records and statistics of
the Fairúaven Facilities and submit to city prior to January
31 of each year during the term hereof an itemized schedule
of capital additions and improvements ~o the Fairhaven
Facilities proposed for construction during the following
fiscal year. In preparing such proposed budget, Engineer
and City's staff shall attempt to determine (i) where grOì.¡th
in cUS'.:omers to be se'rved by the Fairhaven x"acilities may
be expected and (ii) such othe+ factors as may affect the
nature, location and amount of such additions and improvements.
Whenever practicable, such budget shall specify the approx~~ate
location and contain a preliminary estimate of the cost of
each item therein. If, in the judgment of Engineer and
City's staff, it is more important to the operation of the
Fairhaven Facilities that certain items on the budget be
installed prior to certain other items, Engineer shall so
indicate such relative priorities. In preparing such budget,
Engineer and City's staff shall bear in mind the goal of
providing adequate service to all customers of the Fairhaven
Facilities.
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(b) . The budget so submitted shall, after
final review and approval by City's staff, be presented to
City's Water Board which may recommend such amendments thereto.
~or revisions thereof-as it deems appropriate in.the exercise
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of its judgment. After approval by the ~iater Board, the
budget shall then be submitted to the City Council of City
in the manner required by law for adoption and notification.
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The budget finally approved by the Council shall be the
Approved Budget for the particular year in question. City
- shall notify ::'ompany of the Approved Budget. Company will
then proceed with the construction of capital items on the
Approved Budget in accordance with the procedures hereinafter
- set forth in this paragraph 7.
(c) Company will proceed prrnnptly to arrange
for installation of all items estimated to cost less than
$2,500 contained in the Approved Budget. Upon request by
City, Company will prepare a work order for acceptance by
City cover ing each item an.~ - following acceptance, proceed
with the work of installation, includinG the preparation
of plans and specifications as required. Upon completion
of installation, which need not require competitive bid
procedures, Company shall bill City for the actual total
installed cost of such work, including Company's construction
overhead charges (computeß at the rate of 8% of the total
installBdcost of such work), and City agrees to pay Company
the !3-ffiount so billed wi thin 30 days ther.~after.
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(d) All items on the Approved Budget whose
estimated reasonable total installèd cost shall exceed $2,500
shall be designated "Major Items". Major Items shall be
~ constructed in accordance with plans and speci~ications
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prepared in the manner specified in this paragraph 7;
construction shall be completed by contractors selected by
City pursuant to City's applicable competitive bidding
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procedures. To the extent feasible, all construction work
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on Major Items shall be completed within a reasonable time
following delivery of such plans and specifications to City
unless City by appropriate action shall instruct its Water
Board to reject such plans and specifications. Engineer
'shall prepare plans and specifications for all Major Items
consisting of main i~. .~llations in easements or dedicated
streets and highways. c- "pany shall bill City for Company's
overhead charges computed at the rate of 8% of the total
estimated cost of said main installation within 30 days
of the awarding of a contract for such main installation
and City agrees to pay Company the amount so billed within
30 days thereafter.
(e) All Major Itmes other than main installa-
tions in easements or dedicated streets and highways shall
be constructed as follows: City or Company and City shall
retain the services of an independent consulting engineer
to prepare pians and specifi~ations to meet City's bid
procedure requirements for such Major Items. Engineer,
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. with the consultation of City's staff including representatives
from its legal, fire and public works departments, will
suþervise the ~reparation of and approve such plans and
-. specifications. Company, within 30 days of the awarding
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of a contract for each such Major Item, shall bill City
3% of the estimated total installed cost of each such Major
Item for the work of supervising preparation of such plans
and specifications; City agrees to pay Company the amount
so billed within 30 days thereafter. Expenses of outside
consulting engineers so retained by City or Company and
City shall be paid directly by City without other addition.
(f) Company shall furnish qualified inspectors
at the site of all construction work on Major Items. Such
inspectors may be Company employees; consulting engineer
employees or such other qualified inspectors as may be
required. City agrees to pay the expenses of such qualified
inspectors directly as a separate item, including all wages
and overhead benefits, transportation and out-of-pocket
expenses.
(9) Notwithstanding the foregoing provisions
of paragraph 5(d) hereof or of this paragraph 7, in the
event of an emergency involving any part of the Pairhaven
Facilities which in Company's judgment threatens the public
health or safety, and if in the Company's judgment immediate
action is required, Company shall have the right to perform,
or cause to be performed, any work on the Fairhaven Facilities
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(whether repairs,. maintenance or capital additions) regardless
of the estimated cost thereof, free from any provision
of said paragraph 5(d) or from any requirement that the
,:~ontract therefor be let by competitive bid. Company shall
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notify City as soon as possible as to the work done and
proposed to be done as a result of such emergency threatening
the public health and safety and of C?mpany's estimate
of the cost thereof. Company shall bill City fqr the actual
total installed cost of such ~ork, including Company's
construction overhead charges computed at the rate of 8%
of the total cost of such work. C 5. ;:y agree s to pay Company
.theamount so billed within 30 days after billing.
(h) City shall have access to Company's
b~,.)ksand records applicable to the Fairhaven Facilities
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during normal business hours throughout the term of this
Agreement and, in this connection, may require the production
from Company's records of such statements, invoices and
other documents as may be reasonably necessary to support
any charge or bill submitted by Company pursuant to the
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provisions of this Agreement.
8. Extension Contracts.
(a) All extensions of the Fairhaven Facilities
to furnish service to individuals or subdivisions shall
be made pursuant to contract between City and the individual
custo~p.er or developer, as the case may be.. The form of
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such contract shall be as approved by City from time to
time. City ~hall provide in each such contract for the
payment to Company of Company's direct charges and overhead
-- charges in consi~eration for the work to be performed by
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Company in connection with such contract. Company shall
not be obligated to install any such extension, but shall
prepare and furnish to the individual customer or developer,
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as the case may be, and to City the plans and specifications
therefor and the estimated total installed cost thereof.
In consideration therefor City agrees to pay Company at
the time of delivery by Company of such plans and specific~~~ions
to such individual customer or developer, an amount for
Company's overhead charges computed at the rate of 8% of
such estimated total installed cost of such extension.
(b) In the event Company and City shall
agree in writing to permit a developer to prepare plans
for a main extension in accordance with City's specifications
and to prepare cost estimates of such extension, Engineer
shall (i) review and supervise the preparation of such
plans and the application ~hereto of City's specifications, /
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and, when appropriate, approve such plans, (ii) review
and, when appropriate, approve the estimate of the cost
of such main extension prepared by such developer in order
to determine the fairness of said estimate in evaluating
the maximum refund liability of City for ~uch main extension,
and (iii) supervise the installation thereof. In consideration
therefor City agrees to pay Company, upon approval by Engine~r'
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i' of such plans and such cost estimate, an amount for Company's
overhead charges at the rate of 4% of the cost estimate
for such extension so approved by Engineer.
(c) In addi~ion to the responsibilities
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set forth in the preceding subparagraþhs 8(a) and '(b),
Company shall also.be responsible for the inspection of
all work performed under each such contract and for connecting
the' facilities installed thereunder to the Fairhaven Facilities.
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In consideration therefor City ag+ees to pay Company within
30 days after billing by Company therefor. all Company's
actual costs in conne~tion therewith, ~ncluding overhead
benefits, transportation and out-of-pocket expenses.
(d) Upon completion of construction, Company
shall furnish City a st~tement of the actu ~ total installed
cost of each such extension.
(e) City shall furnish Company with a copy
of each extension contract relating to the Fairhaven Facilities
executed by City subsequent to the date hereof. Company
shall compute any refunds which may be due thereunder from
time to time and notify City thereof. City shall be responsible
for payment of such refunds to the persons entitled thereto.
9. Insurance. During the term of this Agreement,
Company shall cause City to be included as a named insured
in Company's policy of comprehensive liability insurance
maintained'by Company from time. to time covering the Fairhaven
Facilities and Company's operation thereof. Company shall
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deliver to City a certificate or duplicate copy of each
such policy. In the event any claim is made which is covered
by such policy, Company shall be responsible for payment
~ or satisfaction of such claim ~p t9, but not e~ceeding"
the so-called deductible portion of such policy.
10. D,isputed Bills. If City shall dispute or
,question any portion of'any bill or statement submitted
. to it by Company or any amount purportedly owing by i,t
to Company hereunder, it shall promptly notify Company
of the amount thereof so disputed or questioned, which
amount City shall not be obligated to pay until such di5 ite
or question shall be finally resolved. However, City ~gr~es
in each such instance to pay Company, when due, the portion
of such bill, statement or amount not so dis~\uted or questioned.
11. Payment ~f Bills. City agrees to take all
necessary steps procedurally so that payments due from
it to Company pursuant to the provisions of. this Agreement
will be made on or before the applicable day specified
herein.
12. Agreement Conforms to Charter. City represents
and warrants to Company that this Agreement and the provisions
hereof conform to City's Charter as currently in effect.
If any subsequent amendment to or revision of said Charter
shall in any way affect this Agreement or the validity
of any provision hereof, City agrees to give prompt notice
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thereof to Company. In such event the parties hereto agree
to make such amendments to or revisions of this Agreement
as they may deem necessary or appropriate under the circum-
stances.
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13. Title. Company shall have no title to,
or ownership interest in, the Mutual or District Facilities
or any part thereof and, following the transfer and conveyance
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of the CWS Facilities from Company to City, shall have
no title to, or ownership interest in, the CWS Facilities
or any part thereof.
14. Notices. Any notice which it is herein
provided mayor shall be given by either party to the other
shall be deemed to have been duly given when deposited
in the United Stßtes mail, registered or certified, postage
prepaid, and addressed to the party to whom such notice
is given at the following respective address:
To City: City Hall
1501 Truxtun Avenue
Bakersfield, CA 93301
To Company: P.O. Box 1150
San Jose, CA 95108
15. Paragraph Headin~. Paragraph headings
in this Agreement are for convenience only and are not
a part of this Agreement and do not in any way limit or
amplify the terms and provisions of this Agreement.
16.. Nature of Service. It is specifically recognized
and intended by the parties hereto that in performing its
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obligations under this Agreement Company shall not offer
or perform any public utility service but shall act solely as
agent for City. . Comp~ny specifically does not dedicate itself
.:- to render a public utility water s~rvice to customers within
the area shown on Exhibit A hereto, but rather agrees to
furnish a nonutility service therein in accordance with
the provisions of this Agreement. .
IN WITNESS WHEREOF, the parties thereto have
executed this Agreement dated as afores~id.
APPROVI'~~) AS TO CONTENT: CITY OF BAKERSFIELD
By
Director-Fire and Develop- Mayor
ment Services
APPROVED AS TO FORM: By
City Clerk
CALIFORNIA WATER SERVICE COÞ~ANY
City Attorney & ~Q
By ~ I... If;?-
COUNTERSIGNED: () e President
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Assistant City Manager-
Finance
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McCUTCHEN, DOYLE. BROWN & ENERSEN
, ..
COUNSELORS AT LAW
. THREE EMBARCAO~_r¡O CENTER SAN .JOSE O,FlCE
CABLES MACPAG SAN FRANCISCO. CALIFORNIA ~4111 ONE ALMADEN eOULEVARD, SUITE; 620
TELEX 34-06!7 SAN .JOSE. CALIFORNIA 95"3
(415) 393-2000
140el 947-6400
,--.., -.
" ~'"'\ i ,::~_. r;:> rr:r ry \\ f7;::'::! r -."
.March 22, 1982 !....J-ii.',:~i\'.";"'L"_:;I~ "'/F'iff))
In; -'~""; '
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R. h d 1 . ¡"'ITv . "1
.1C ar J. Oberho zer, Esq. -, . r\Î On.,Jf.Y'S O¡:¡: r[
. ~
Cl.ty Attorney
City Hall
1501 Truxtun Avenue .
Bakersfield ,'alifornia 93301
Agreemeñt Between City of Bakersfield
and California Water- Service Company -
Çovering Operation of Fairhaven Facilities
and Ashe Division of Bakersfield
Municipal Water System
Dear Mr. Oberholzer:
In connection with the operation of the above
facilities by California Water Service Company on behalf
of the City of Baker.sfield pursuant to agreements dated June
4, 1980 and March 22, 1982, I wish to confirm that it l.S
tha understanding 'of the parties thereto with respect to
calculation of the Management. Fee urider Section 3 of both
ag...:e;3ments that connection fees, assessments and/or annexation
charges shall be excluded.
A copy of this letter may be attached to both of
the above agreements if you wish.
Yours very truly,
McCUTCHEN, DOYLE, BROvffi & ENERSEN
(~/"?~,(.,:)/"...
By -"1-:'\"\ «..,.I:,~'--'---
--
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WATER BOARD - CITY OF BAKERSFIELD
J I ,~
ITEMS FOR AGE:-IDA
Agenda Section~EW BUSINESS
Requesting Department PUBLIC, WORKS'
Date for Water Board Action April 7, 1982
1. Description of Item:, Deed and Bill of Sale of California Water Service
Company's \.¡ater service area wi thin the Fai rhaven System.
.
2. Comments: This Deed and Bill of S'ale provides for the acquisition of
,Cali fornia Water Service Company's pipeline and related fadli ties
in the area Kest of 99 Freeway between Rosedale Highway and the
Calloway Canal. There are approximately 60 service c,onnections
served by these fad li ties. This acquisition is in accordance
to Agreement of Sale No. 81-109 dated July 29, 1981. The
acquisition cost is $220,000.
3. Suggested Action: illot ion to recommend City Counei 1 acceptance of the
deed and direct pa):ment of the sale.
4. Attachments:
r'\ ( ;'
I', (:' , -
I ¡-r
'I .
Y IV r
.Director of Public Works
/
Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
\
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!;" " DEED AND BILL OF SALE-
THIS DEED AND BILL OF SALE dated this 25th day of
March,'1982, by and between CALIFORNIA WATER SERVICE COHPANY,
a California corporation ("Seller") ~nd the CITY OF BAKERS-
FIELD, a municipal corporation and political subdivision of
the State of California ("Buyer").
WITNESSETH:
FOR GOOD AND VALUABLE CONSfDERATION, receipt of
. 'v'lhich is hereby acknowledged I Seller hereby sells, grants,
conveys, assigns, transfers and sets over to Buyer all of
Seller's water distribution facilities physically loc~~ed
within that part of the territory of the County of Kern,
State of California, which is situated within the area
outlined in red on Exhibit A hereto, including, without
limiting the generality of the foregoing, the following:
All water mains, ~ipes, pipe lines, valves, con-
nections, services, meters and meter boxes located within
said above described area.
IN WITNESS WHEREOF, California Water Service
Company has caused this Deed and Bill of Sale to be duly
executed by its officers thereunto duly authorized, dated
as aforesaid.
CALIFORNIA WATER SERVICE COMPANY
By ~ t '--+ t
Its'..'ice Pre;;ióEiÙt
By ¿pf <""-~
Its Se '..::'e tary /' '/
"
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STATE OF CALIFOru~IA )
) SSe
~, County,of Santa Clara)
On this c2.J.)c':, day of March, 1982, before me,
~' '.P
¿zh-,.-./ Q/ 7((:-~- , a Notary Public in and for
said State, C~unty of Santa Clara, duly commissioned and
s~'Jrn, personally appeared J.A. Wade, Jr. and C.A. Larson,
.
J~" known to me to be a Vice President and Secretary,
respectively, of CALIFORNIA WATER SERVICE COMPANY, the
coc¡)oration named in anü which executed the within instru-
~ ,
me nt, and known to me to be the persons who executed the
wi t;.1Ìn iJ'l;:;~,rument on behalf of said cor~oration therein
n~rned, and acknowledged to me that such corporation exe-
,cuted the same pursuant to its by-laws or a resolution of
its board of directors.
IN WITNESS vlliEPEOF, I have hereunto set my hand
and affiYcd my official seal in said County and State, the
day and ::i{:~ar in tl:.is certificate first above written.
" ' t.::¡ G';{,;} G -G ':,\;1 (;:(9 ~ G'.:J G':\9 c:{:') G':\9 ~ Gi9 <i:(9 G':\9 G':\9 ~
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~ \.";Ti'.. /j NOT.-\':'( PU3l1C - CALlFC:~,'iIA' B 1I!fJ'7_",,-/ (J/. -.. .,
~ "(:':.:Y S.:,NTA CLARA cou¡,¡ry 2.. NOTARY PUBLIC. .
.~ My CO;t1fT'.;'i.>;cn Expires S~pt.29, 1933 ¡;) l.n and for the State of Call.fornla
r:\ {;
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My COm."111.SSl.Gn Explres ßj/'cf. <»'1/'7['..:3
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WATER BOARD - CITY OF BAKERSFIELD I
. I
--
IT~~S FOR AGENDA
Agenda Section NEW BUSI~ESS
Requesting Department PUBLIC WORKS
Date for Water Board Action April 7, 1982
1. Description of Item: Special Facilities Contract with Tenneco Realty
Development Corporation to construct and acquire a well, reservoir, and
booster plant near r-Iohawk St. & Truxtun Ave.
2. Comments: The area arolmd Mohal\lk St. from Truxtun Ave. to California Ave. does not
have an adequate supply of domestic fire flow water. In order to continue the
development of the area, Tenneco has agreed to construct a well, reservoir and
booster plant and transfer these facilities to the City as part of the Ashe Water
System. 1l1ese facilities láll serve approximately 200 acres. Tenneco will be
reimbursed for a portion of the cost (63%) in accordance with California Public
Utility Commission's Rule 15. As property is developed within this service area,
refunds will be made with Domestic Water funds, based on the property's propor-
tionate share of the refundable cost5.
Stetson-Engineers recommend this project and agreement; Staff concurs with
this recommendation.
3. Suggested Action:
r-!otion to recommend City Council to execute the contract.
4. Attachments:
Q rr-r+-
:1>irector of Public Works
-!
Approved, City Manager
I
0'
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
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j SPECIAL FAC I LI TIES C()i~TRAC'l\
. " \
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, Industrial ~evelopffi€nt~ and/~r Organized
. Co!':l¡nercl¿:l Districts
,
Utilitv
. -"-
Name: City of Bakersfield
Addre'ss: 1501, Truxt,¡n Avenue, Bakersfield, CA 93301
A-oplicant
-"-' -
Name: Tenneco Heal ty Develo~n",.ent Corpor,~tion
Ad d res s : P . 0 . Box 9 3 ß 0, R a k e r s £ i e 1 d, C.'\ 9 3 3 8 9
Description: ~
Preliminarv Stateroent ~
~
,',
This contract is entered into pursua~t to the requiraments of,
and in accordance wi th, the -,.tar lous applicable provisions of t~e
California Public Utilities Ccmmission main extension Rule No.
IS, a copy of whict is attaçh~è a~à made a part hereof as Exhibì:
"An and hereinafter referred to a3 "Rule.»
Purpose of Contract
Applicant hereby applies for comm~rcial water service a~d water
for fire protection. ,The facilities described in attached Ex~ibit
"an shall be installed by Applicant. Such facilities sh311 be
used for the purpose of fu~~is~ing water service to that certaiD
prop€rt~ known as the Mohawk-Truxtun Development No.1 and delinea~ed
on the map attached as Exhibit "C." Applicant agrees that it
shall, as soon as pecessary fI1-3 ter ials and labor, are availaole ar,d'
necessary authorizations have been obtained, commence and pro~ecute
to completion with all reasonable diligence the work ofinstalli~g
the facilities. When facilities are accepted by the City, City
shal~ provide water service in accordance with City's tariffs.
Fire Protection
The Special Facilities shall be designed- to meet fire flow require--
ments in excess of the minimum fire flo~ specified in Section-
VIII l(a) in California Public Utilities Commission General Order
No. 103, as ordered by Decision No. 84334 dated June 5,1975.
.
',Spe~ial Facil i ties' -'
Pursuant toSèction D.3 of Rule, Ap?licant shall pay the cost of
facilitiès; other than d~~tribution mains required Frimarily for
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. fJr.e protection purposes. 'The cost ,of fire protection ,facilities,
in accordance with the Rule, are contri~utions and are not subjec;
. to refund. The estimated cost of Special Facilities required to
serve the develop~ent.(ot~er than fire protection} is $598,400. ,
The estimated cost of Special Facilities primarily. requir~d to ¡
piovide. fire protection service is $365,900~ The percentage of ¡
incremental cost required primarily for fire protection service ¡
is thirty-seven percent (37%). .When these Special Facilities, ¡
includ ing the required f ir'e protection capacity, are designed and ¡
constructed by Applican~ in accordance with City specifications I¡'
and approval, the total actual cost of approved facilities shall
be determined, wherein thirty-seven percent (37%) of the total I
actual cost shall be donated to City by Applicant, and sixt~- ¡
three percent .(63%) of the total actual cost shall be refunded by .
City to Applicant pursuant to Section C.2.c of Rule and the
provis ions of this Con tract. ' The number"of acres to be served by ¡
these Special Facilities shall be 197.73.' I
Inspection costs'may be charged by'City, and the cost (based on
time and materials) shall be added to the cost of the water ¡'
facilities to be constructed by Applicant under this Special I
Facilities Contract, f6r such inspection as. the City deems necessary f
to provide additional support to the Applicant's inspectors.
,
There shall be no other service charge, connection charge or
charge of any type by City for water service to Mohawk-Truxtun
Development No.1 area, with the exception of water service in
accordance with City's tariffs. .
Refunds - Special Facilities :
The amount ~dvanced subject to refund shall be refunded in compliance
with Section C.2 of Rule. However, acres shall be useà instead ¡
of lots in determining refunds. For purposes of refund under I
Section C.2.c of Rule, the refund shall be due A~Dlicant upon ¡
commencement of water delivery service to each aë~e or fraction'
thereof. The number of acres for which the Special Facilities i
shall be designed is 197.73. Until Applicant shall notify City!
in writing to the contrary, all refunds hereunder shall be paid
by,City to Tenneco Realty DeveLopment Corporation.
Should the City extend water service to any new acreage outside
the existing Ashe Water Service Area, and if that new acreage
receives d~rect benefit from, the use of the Special Facilities, I
then the Clty shall reapportlon the refundable costs of the wat~r !
facilities based on the increased acreage of benefit as determined
-by the City. The donated costs required primarily for fire
protection service shall also be so reapportioned, and the City
sha~l also compensate the Applicant for the additional acreage
receiving benefit from the water facilities as determined by the
City. This compensation shall include a proportion of the re-
fundable costs and a proportion of the donated costs. However,
in no event shall the Applicant receive more than one hundred
percent.(lOO%),of the t?talcost of water facilities.
. . 't..
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. Tl}a'tportion of the Service Area no\ol receiving water service
totaling.53.74 acres shall be refundeq to Applicant upon completion
.of the water facilities. .
The advance per acre shall be refunded for each acre, or portion
of.an acre, on which one or more bona fide customers receive
water delivery service by those facilities.
Conditions
City agrees to use its best efforts to assist Applicant to obtain
any and all authorizations which may be ~equired for the installation
of the facilities. Applicant shall provide free of charge any
easements and rights of way required for the installation where
such iights of way or easem~nts occur on Applicant's land. The
cost of acquiring any easements and rightš' of way from any parties
other than Applicant shall become part of the total facility
costs. ..
.'
~urden of Risk on Appli¿ant
The burden of risk in constructing the Special Facilities shall
rest with Applicant. Applicant shall design and con~truct all
new'facilities subject to City specifications and approval.
Should any facility constructed by Applicant not perform to its
design specifications, the City shall be u~der no obligation to
purchase such fac il i ty. The City shall not compensate Þ.ppl ice.n t
for any costs incurred in locating or constructing or developing
any special facility which does not comply with City specifications
nor meet with City approval.
Successcrs and Assigns
The obligations of .the Applicant shall be joint and several. This
agreement shall bind and inure to the benefit of the heirs,
representatives, executors, administrators, successors and/or
assigns of the respective parties hereto.
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The effective date of this. Contract shall be the 'day of
, .¡ , 19 .
CITY OF BAKERSFiELD
By
Mayor
By
City Clerk
.
.
APPROVED AS TO FORM: ..
City Attorney
~ \ { (~
) t?.t -t::1 /1 { .t ,>--f1il-
Director of PUbli~\~Or~s
L/
COUNTERSIGNED:
Assistant City Manager-Finance
DEVELOPER:
TENNECO REALTY DEVELOPMENT CORP.
>,
By ?J/~~{:~~.~ )~¿v/--
.. r SENIOR V¡¡:;yPRE510ENT
'. .. By J {eLf TV\ ( ¿ tf ¿l /t'/'YL'--
. ArpSlSTANT IiECRETARY
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'-,-. ._-~~, -" --. . - -- ~_.-._~.._--._---- ..--. ,. '--. - . --'-----'-~-,- -.- .--. _.... -._----
..,~.... .~-----_._.-_. ..-..' .._.~.. . w- .....-
- , úllcc1linl: ~c'-- ~- C:tI. 1'.D,c. S!:::d No,- 1032-H
. ------,-
,.----- -
. Rule lIo. 15 . Sheet ~ of 11
-;; -- -.
, tti\INEXTEN5 1:0)15 -
.. . .
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Ceneral Provisions ~nd Definitions .
. I..
- 1. .ApplicexbiZity .
a. All extensions of distribution 1i13!¡:'S. tram -the utility' 5 basic
production and tran~~isSi~n system or existing distribution
. system. to serve ne'.i custo:71ers. except for those specifically
excluded belo~. shall b~ ~de under th~ provis~onsof this rule .
unless specific authority is first o~t~ined from th~ Co~~ission
to d2vi~te therefrom. A main exte~sion contract 'shall be exe-
cuted by the utility and.th~ applicant or applicants for the.
sna:ì.n extens-ion before the utility corn.'nences construction \.lark on
said extensions or. if constructed by applicant or ,applicants ~
before the facilities comprising the main extension are tr~ns-
. ferred to the utility. .
.
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. b. Extensions solely for fir~ hydr~nt. private f~re protection.
.
resa12. tcmporarJ. standby. or supple~~ntal service shall not
be Þaèe under 'this rule. '. -
.
,
c. .~ne utility may. but will not b~ required to. ~ake extensions
under this rule in c~s~rn~nts or rights of ~3Y ~h~re fínalgr~d~5
. have llot b~en e5të:!.'bll~hed) or '(.Jh~re street g'C¿¡,åes h<lve not been
brought to those est~cblish.::d by public authority. If cxt:.ens:i.ons !
are made wh-:!n grades hz-ve r.ot been e5t¿¡blish~d ~nd there is a
t
xcaso::::lable prob<:!bility th.:lt th~ e::dst~l1r. grac.l~ ~ill be c;1angeJ) .
th~ utility shall requ'l.re that the ~pplicant or dpplicant::> for .
the t:'.ain extension de~}Qsit. at the ti¡:!~ (If êx~cùt:ion of the p.:lin- . .
.
extension agree~~nt.the e5ti~~ted n~t cost ot relocating, .
raising or lowering-facilities upon establish~ent of final grades. 1
,
Adjust~ent.pf Gny difference between the amount ~O depozited and
. tþe ~ctual cost of relocati::::¡g. raising or lo~arjng f~cilities
shall be I!1~de 'Within ten lays <lfter the u-il ity has 2.sce1:ta.:i,ned
such actual cost. The net deposlt representing actu2.1 cost is
not subject to refunå. The entire deposit related to the pro-
posed relocation, raising or lowering shall be refunded Wh2~ '. .-
, such displaceoents are èe~ermined by proper authority to be not
required. . .
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'2. Lvnitction of Expan~ia~ .
- .
.. ~~enever ~he outstanding advance contrac~ bal~nce9 reach ~O percent"
. a.
of total capital (defined. for the purpose of this rule, as pro- .
prietary capital, or capital stock and surplus. plus debt and :
adv?nces for co:1struction) the utility shall so notify the Cor:zis-
sian \11tbin thirty days. . '
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(Continued) .
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Adyic~ lett--r N~, £JJ T~ - I " . 9. \ ... ----
458 D.l~ Fi!cd ;~-;.J ~ ;Jl J
.. ~- '
~ 84-334 1""'" -'"\.#OF
D:cisicn No. EO F. CA.rEY. Yic/!' Prc¡iJI.'Irt Ei!c:cti,-= . . :;;') - 1
.
.'Fvnih-i~ "An ~_.~p....:...- "-.,.~
.........-...';~' .::--------",,---,,:,. ,.". -_. ";". . ' ,..8.'.. ..,----", .
. ". -- '.., ûncdl~:s Rev. ,;.t C:lt. 1).U.c. Sh~~ };o. lO3)':"U
-. . '. Sheet 2 of 11 1 (
. ,-. . ¡{ute l~o. 15
.
- ,
. ' M.c\U: E}.."1"E~ISIC~S . . -- -
. (Continued)
f.. C~nerGl ProvisIons ~r.d DI~f Lnit iOt'.5 (contiÍ1l.ted)
. . " , .
28 Li~tation of EXp~3~O~ (con~i~ued) :~
b. Yhenever the outstanding advance contract balances plus the adva~ce
on a prop6s~d new extension would exceed 50 percent of tctal ca?ital~ .
. . .' þs d~fined in Section A.2.a. plus the advaace on the proposed new' .
. .. .
..~ ,,' . extensionI' the utility shall not make the propos~d net.1 ex!:ei:1sion of
- . '. , distribution mains without authorization of the Cor::.;nission..
.' .
,c. Yhenever the' outstanding advance contr~ct bala~ces reach the zbov~
. ; level. tha utility shall so notify~the Co~ission within thirty
days. .
. . 3. Definitions ..' '. . .
. .
8.. A "bona fide custom2r". for the purpos2s of this rcle,shall be a .
custocer (excluding any custo~er formerly served at the saoe
"loc3tian) ~ho has given sa~isf~ctoryevidence that service vlll be
. reasonably pet"rlanent to the property ~hich h<ls been improved ~¡ith::!. /
building of a permanent ~ature. and to which service' has CQIT~enc~d.
The provision of service to n real est~te develop~r or builder.
during the co~struction or developù~~t peria¿, shall not czta~li~h
him as a bona fide custower.
.
b. A "rei\l estat~ developer" or "built1er~~. for the purpO5es of this'
rule, shallln:;lude any individual. ,association of individuals.
. partnership. or ccrpor.:ltion that divides a parcel of lane! into t,..o
or ~ore portions.
c. . The tléldjust~d constrüction cost":. for the purposes of thi::; rule)
shall be reaso~able and shall not exceed the costs recor¿~d in
conformity yith generally accepted \.:ater ntili ty 3ccc-;nting .
. practices. and ~s specifically defined in the Unifora Syste~ of
. Accounts for Hater Utilities prescribed by the Com:nissionþ of
installing facilities of adequate cap~~itý for th~ service ~-~-
quested. If th~ utility. at its option, should install f~cilities
with a large~ çapacity or resulting in a greater footage of f
, extension thLl:1 required for the service requasted, th2 "adjusted
construction cost". for the -purposes of this rul~. Shilll be deter-
. .,. Jnlned by the application of an adjustt:lent factor to actual construc-
tion cost of facilities installed. This facto:!:' shall be the r~t:io
. of estimated cost of required facilities to cstim3ted cost of ~ctual J
. f~cl1ities installed. .
,"
.
- . . .
- ." .
. .
(Continued)
. .
JIJUN,Þr .'
A~yicc J.c~:: No. 1,.53 £-9 .:r~ D.1t-.. Fit:d J~'- 2:.' ~}j)
D .. '....... 84"'3" . r'.'" ~ ~---
:Cas;on .J'IO. .~ . '-t ED F. CA TEY. Yicc Prcsi!!~lIt Effcès~: .. ) -) .~ i ~
..: .',' .
.
- . - --
" .~.. .',~: ", o.l,,:cIhf~5 r.cv' "\:'I.;;. '--""... .'-'.'-. ~"'-"" ."'" '.J.UJ'.-If
- - --,
. . '. ~ Shee t 3 of 11
Rule No. 15
<¡ .
, - .. --
I-t!..IN E^'1'n;SIO~S
. (Continu:d)',
A. ~t1eral l~"ovlsion$ and T1eHnitior:s. (continued)
4. 'CM11ership~ D25ign aY'.d Constr:.l.ctwr. of Facitit-:.es .
, '
a., Any facilitie5 ins~alled hereunder shall b~ the sole property of .
. . ~ v ~,the utility. In those instances in which ti~le to certain portions'
.:. ~.. .of the installation, such as fiLe hydrant.s~ ~ill be held by é1. .
. .' ..! 'pol!t:icûl subdivision, such f<lcilities shall not be included as a
.part of the main extensión under this rule..
. , , .
b. The size. 'type, quality of ~aterials. and tbeir locatiùn shall be
. .. specified by the utility; and th2 actual construction shall be
done by the utility or bY" a consq;ucting agency acceptGbl~ to it.. 1
. c. Yh2re the property of a~ applican~ is located adja~ent to a t
rigbt.;..of-'W.ay, exce~ding 70,feet in \o;idth,. for a street, higho;.¡ay. ¡
. or o;her public purpose, regardless of the width of the traveled ¡
." \lay or pavement; or a freeW'ay, 't-latervay. or, railroad right-of-way, ;
'the utility W2Y elect to inst~ll a main ext~nsion on th~ sa~e side
thereof as the property of the ap~licantJ and the estimated and
. adjusted construction costs in such case shall be based upon such
~U extensio.n. .' .'
. . d. \-Then an extension rlust co.nply with an ordinance) regt\latio.~) or
.. specification of a public <luthority, the es~itated ~nd adjusted
constructioo costs of said extension shall be based ~~oa the'
. facilities rèquired to comply there,,11th.
5.Estim~tes-, Plc.ns and Specific~tioY'.s
- ' ,
a. Upon request by a potential applicant for a ~~in extension) the
utility shall prepare, ~1}.9.E_t cha.!~~ ~_-e.~~).i~J~a!y ,.~Js_~tc:h', and.
roug~ esti~::t~- of the cost of installation to be advanced by
sa!d applicant. ..
. ;,b., Any applican~ for a. main extenšion requesting the utility "to
. prepare detailed plans. specifications and cost estimates sn311
,b.£.-x:~_q':11,~ed to__~ep'?~i,~.,_with, the utility, an__~..'1°u.n,t equal tòth;
e!.tj..!t.~.!;~4_" ~os~ .of .p.n~p;arat;io~- çf" ß~ch,_lT'.ate~ia~: The utili ty shall)
upon request, make available wlthin 1,5 clays ~£tec receipt of ch!?
deposit referred to above, such plans. zpecificaticns and CO5t
'. .' estimates of the proposzd main extensio:\. If the exte:!sion i5 to
. il1clude oversizing of facilitie,? to be done &It the utility I s
expense, appropriate details shall, be set forth in the pl~~s."
. ' specifications and cost estimates. . ,
.'
. - ~
. .' .
. ' '(Continued) . ,
JiS.:n! b,
, £. ~~--7f- - t!.. L"t '\ A---
Adyjc~1.ctt::rNo. 458. " '~ r ~ D;1~Fjl:tl ..~-tJ:' ;:JJ.) I
, /" "'-l .
Decision' No. 84334 ED F. CA TEY. Yict" J'rC"J;~tt"t. Efi~~'"c . r I . ~ - '1 ~ l' ~ .
- eo-.. Jtc:solu~!)n No.
.
.' ; ...- """"'-"_0-' ',.- -.-...' '._-,
r. ':_---'O."'.~" "- :" - " - c.nCcll¡n81:~V¡ ~ C,r. P.D.c. SI"ct N°c.. IO35~:,.:::
1- '. -- . . , . . . - Sheet I. of 11 I
, ' . ,
Rule No. 15
, . "
. , MAIN Ei."TENSI0NS ", .
. . (Continue¿) ",'
I "
I' A. General ProvIsions and D2finitioC\s (continued) ,
, .S. Estimates3 Plans and.specificatioY'.s (conti,nue.d)
,c. In the 'event a rnai;,extension contract with the utility i~ executed
. .1rl.thin 180 d:'lYs after the utility furnishes th2 detailed plans and
specifications, the d2posit shall,become a part of the advance,
and shal~ be refunded in accordance with the terms of the ~ain
extension,c;ontract. If,such contract is not so executed, thë .
.'deposit to cover the cost of preparing plans, specifications and
'. " cost esticates shall be forfeited þy the applicant for the Ðain
extension and the amount of the fôrfeited deposir shall be credited
to th~ account or accounts to which the expen~e of preparing said
Jnat~rial was charged" . '
d. Yhen detailed plans) specifica'tions and C?st, estimates are requested:t.
the applicant for a ~ain ext~nsion shall furnish a wap to a suitabl~ !
. .. scale showing the street and lot,layouts and, ~lhen requested by the'
utility, contours or other indication of the relative elevation of .
the various parts of the area to be developed. If changes ar~ ~ade
subsequent to the prese~tatio~ of this map by the applicant) and
th~se changes require additional expense in revising pb,ns, spec:i-
" . ' fications and cost estimates, this additional expense shall be born~
. . . by the applicant, not subject to refu:nã,' élnd the addition<:ll e>:p~ns~
thus recovered shall be credi~ed to ~hê acccunt or accounts to which
the additional eÄpense was charged.' ,
6. i'il1li;r.g and Adjustment of Adva,...ces ' -
a. Unless tbe'applicant for the main extension elects to arrange for t
,the installation of the extension himself, as permitted by S¿ction
'C.'1.c.. the full amount or the required ';.ldvance or an acceptable
surety bond must be provided to the utility at the time of execu- :
- t:lon of the lIt,ain extension agreement. ' ,
. b. .If the applicant for a pain extension posts a surety bond in.lieu t
of cash. such.surety bond must be replaced yith cash not less than ¡
ten c,J,lendar days before construct:f.on is to c.omn'!,ence; provi4ed, f
however. that if special facilities are required pri~rily for!
, . the service requested, the applicant for the exteùsio~ ~ay be re- !
. qulred to deposit sufficient ~ash to cover the cost of scch specia~
. fac:ìlities before they are ordered by the utility. : .
. .
, ,'~
.
. ~ .
(Continued) '.
.
, lUIòtd b, ,
. .Advice 1.<tter No, 458 ~.:p-=7~ . D>", Fila! !'J:... 2~:fu
D .. . N 843" , ' r . . '" -"") ~..--~ f-~
. :CISJon o. . .J" ED F. CA TEY. Vice Pr~fi:!ellr l::ff~.lvc" ' ; I ) :~.J ~ ~
I.. ..---.----.---, .,_H.d_" ,." '.,' -.,'. ,....,'-.-.-.-, ..,..
_._'~,.; . .,,- '~ . " C:mccHiCt¿; R~v,' ,\1 C:lt. P.U,c. S~:;d No. 1036-~r
------
-- -----.
,,' Sheet 5 o~ 11
, ~ Rule No. 15
" '
" tfAIN f.}'L'ENS 10):$, '
" (Con:inued) .
. .
A. General Provisio~$ ~nd n~finitions (continu~d) .
, '.
6. Timing and Ad;justrr.ant of Advances (contim.!:,d). .
c."An applicant for a main extension who adv~nces funds shall be
~rovided vith a statement of ~ctual construction cost and aàjusted I
. construction cost shoving in reasonable detail the costs incarred t
for material» labor, any other direct: and indirect: costs, overhe.:lds, !
and'total costSj or unit costs; or contract costs, ~hic~~ver are
, appropriate. . .' .
d. 'Said statement shall be submitted frlthin sixty days after the actua~ ~
construction, costs of the installation have been ascertain~d by t~e \
'utility. In ,the event tha~.the actual construction costs for the;
entire installatiort shall not h3ve been de te!";;\ined 't-1ithin 120 days
after completion of construction \lark, a preJ..ii!linary det~rnin¿¡.tio~
. . ,of actual and adj usted coLl.struction costs shall be sub:r.itted ~ based
. upon the best available infor~ation at. that time. ¡
, ' ' " I
e. JL~y êifferences b~tween the adjusted construction COSt5 ~nù tb~
amount advanced shall be sho~~ <1S a revision of the ~~ount of ~dv~~cc
and shall be payable within thirty d~ys of date of sub~ission of
statement.
. , .
. 7. AasigYV!if!mt of I.fain Exter.sicm CcmtT'CLct:; ~ .
.'
},Xty contract entered into uader Sections"J) :lnd C of this rulc~ or tm~~r
similar provisions of form~r rules, may b= ~s$i~ned. ~fte~ $~ttl~~e~t
of adjusted construction costs, after written notice to the utility b,
the holder of said contract as shOt.Jt\ by the utility' ~ records. Such-
assign~ent shall apply only to those refunds ~hich beco~e 'du~ ~~re th~o
. thirty days after the date of receipt by the utility of, the notice of
ass!gnme:¡t. The utility shall not be 'tcquh:èd to make ~ny one r~fu::1cl, .
paym2nt under such contract to more. thaa a single assign~e.
.. '.. "
8. Interpretations and Deviations . . .
I In case of disagreement or dispute regarding toe ~pplicatiO:t of' .<!.~~ "
I provision of this rule, or in circumst~nce3 where the application of
this rul~ appe~rs unreasonable to either pél~ty» the utility» .-:tpplic~mt f;
. .' or applicants may refer the ti>.atter t~ the Com:nission for cietcrt:'.ioa~ion. r
.. I
. . -
. -
. .
.
, . " . (Continued) ,-
. ",' r:~:.J !l1 " . . 2 ..,.......,
. .-A". . 1..,-
AdvIce lc:~~!' No. 458 ' a.../ ~~ " D3h: F¡I~d ..~- ~ ;Jl~;
..,.~.. .,... ~ ra"'" _l"t #II~... --
~rSIO;\ n/). 84334 ED J=. CA1"EY~ Vi~... P't:l;.1~.J;t EŒect¡",~ ' ., J ;;.~d.::
N .
..
....--:L-;':.---.------- -':'--'.-". _...~:',- -- -, ,.:.-. ..- ~-_..:_..:"'-'.~- ,......._._~-"--_.._--'-_":"~-_'----~'_"_-"-'" ¡:~~
. . C:\Ot:cHint Rc\I ..s~<t C~t. P.U.C ~b:tt Nc,. 1037-\;
I - . Sheet~:';-~~-"¡
, . Rule llo. 15 t
. . " I
H¡\lU F.XïF.NSTm~S ,:
, (continued).
B. Extensions to Serve Individuals" I
". . ¡
I 1. Free-Footage AZZoz.;a.nc:e.. \
The 'utility' shall extend its ~...ater distribution "nt3ins ,to . s~rve new bo.-¡a ~
. fiòè . customers at its o'tm expense, other than to serve subdivisioï1s.
tracts, housing projects, industrial develop~ents or organized co~~rci~l
distr1C:t:'s, 'When the r¿quired total length of - main extensions fror;1 the
, nearest existing utility f~cility is not ia. eÄcess of fifty fe~t per. .
.' service connection. . ' !
..". . ì
2. Advances "'., .[
. . .!
If t~e total length of main extension is in excess of 50 feet per .'
service connection applied for~-the applic~nt or applicants for such
service shall be required to advance to the utility, before construction'
. .. 15 comœenced~ "that portion of the estimated reasonable cost of such
..extension \Jhich exceeds the estimated. reasonable cost of 50 feet of th~.
~ain extension per service connection> exclusive of the cost of service
pipesþ meter boxes and meters. Such estimated reasonable cost shall be
based upon the cost of a m~in not in excess of 6 ~nch~s in diacetec .
except where a larger THain is required by: the sp~cial needs of the
. applicaat or applic<lt".ts. Th~ êI;10unt of th~ ¿¡clv~nce is -!;ubj ect to adj ust-
", . .,'. Jnent. in accordance ,dth the provisions of SE.~ction A.6. e. of this 1;ulc.
", . -." ' .
. 3. Refunds
. .
The !i1on~y so advanced shall be refcndQd by the utility> in cash>
. vithout interest.» in payments equal to the adj tt5tcd construe tlon cost
of 50 feet of the ~4in exteasion for which advance \~as made. for each
additional service connection made.to said main extension exclusive of
that of any customer formerly served in a re~30nablc ma~ner at th~ sam2
location. Refunds shall be made within 180 clays after the date of first
service to a bona fide custOwer. No refunds shall be made after. a
~period of ten-ye~rs fro~ the date of completion of ~he main extension".
. and the total refund shall not exceed the amount advanced.
4. E:r:captionõ . ~ ' i
¡.¡here a group of five or more individual applicant~ requ~sts $~rvice
. . from the same extension. or in unusual cases after obtaining Corr=nissiu:t
. ." authorization, the utility, at it~ optio:1.þ Iaa:r require "that tIle indi-
vidual or individuals advance the entire cost' of the main extension as
. herein provided and the utilit~ shall refund this advance as provided
in Section C.2. of this rule... -I
. . ,.,' " I'
. . .
. .
I
(Continued)' '
. ~ JIJ~ II, ,r .. r" III ~ I
. Advice ~ctt-., No. 458 - "..t T- ~ §,. Date FilM _..J - 2~' ; J I-) .
. . , r""" - õ) "I "...... ~ (
! D:cisio:\ No. 81. 33l. EDF.C.~TEY.Vic:cPrcÃid~'11 Eú«ti...c: ¡ J J .Jj.;. .!
~
. '.
.--...'-'...=--....--...------"'-" .~.....' ......,. --. . ......--.... "",h._.' ..._-, "'-'..--"
. " . .. 0 r-ncdti"'~' Rev cI ût. i).U.c. Sh::::t ~C'. 10"')~-i.'
""'" .., .) J I
-- - -----
.°, -",..........a.=--o ."""" ,'-"""-' "'-0' 0 . Sheet 7 of l¡'-:(
> . Rule to. 15
. . . -- . ..
UAl:N F.XTENSIm¡S
(Continued)
'. '.
C. £xte!\sions to Serve Subdivisions. Tr¿'tcts, Housing Proiec:ts,
. Industr l.al D<>veloor:.ents or O~~anized Cor;.,~ercial D.i.st ric ts
..
1. . Advances ."..
a. . Unless the procedure outlined in Section C'.I.c. is follot.Jcd ~ an
applicant for a main extension to serv~ a new subdivision~ tract.
. 0 housing proj ect. in¿ustrial developm~nt or organized col'îl.~ercìal .
~ district shall be required to advance to the utility, before
construction is co~~enced, the estimated reasonable cost of the'
extension to be ~ctually installe~J fro~ the nearest utility
facility nt least equal in size ór capacity to the main required
to ;serve both the ne~.¡ customers and a reasonable estii1".ate. of the
potential custo~ers ~ho might be served directly fro~ the wdin I
extension without additional extension. The costs of theexten- .
sion shall include necessary s~rvice stubs or service pipes, .
o. - fittings, gàtes and housing therefor; and meter boxes,' but shall.
0 not include ~eters. To this shall be added the cost of fi~e . tl
. hydrants when requested by the appl ic,"mt for the tn,:dn c:<tension' .
or re~uired by public authority, 'Whenever suc:t hydrants are to . \
beco:nè the property of tr.é! utility. 0 ¡ I
b. 1£ special facilities consi~ting of ite~s not covercà by ~ection ¡
.. . 'C.I.a. are required foy the service requested m1:1, ,-:h~:l s:1ch . J
facilities to be installed 'Will suppl~ both the nain cxten~ion t
and other parts of the utility's system) at least 50 percent of
the design'capacity (in gallons, £9m, or other appropriate units)
is required to supply the main extension, ~he cost of such s?ccia.l
facilities may be included in ~he advance, subject to refund, 2S
hereinafter provided, along with refunds of the ~dvance of the
cos~ of the extensio~ facilities described in Section C.l:a. abov~.
. c. In lieu of providing the advances in accordance with Section C~l.~.
; and C.l.b., the applicent for a main extension shall be pcr~itted,
if qualîfied in the judg~ent of the utility, to construct aad. .
.install the f~cilities hicself. or arrôngefor their inst~ll~tion
pursuant tq .competitive bidding procedures initiated by hiT;'; él:1¿
limited to °qualified bidders. The cost~ including the cost of
inspection and supervisio:1 by the utility. shall be paid directly,
.. by appli'cant. The applicant shall provide the utility \lith a
state~ent of actual construction cost in' reasonable detai~- The
. amount to ba treated as zn advance subject to refubd shall be the
. lesser of (1) the actual cost or (2). the price quoted in the
utility's detailed cost estiw2te. The installation shall be in
. acco~dance ~ith the pla~s and specific~tions submitted by the'.
ut~ty pursu~nt to Section A.S.b.
. . (continued)
II;\:« 1>1 -
Advice lctt~t" No. 1;58 ~~ :::;Z~/J D~t: r-jl~d' _!~'- 2~'~J()
/ ~~ 0
.'. ". . " r"'" - I') -"I">--J 1 .
D:CI~:on N~. 81-334 ED F. CAlEY. Yice- Prc-,i;ft:,¡t EñC'Cti..-e . . I ;, .) ~ . .
.' . . ' ,.
r': ~.., ...~~=- -- . ." ,_. . -' . . . . ¿n~C1;¡u¡;.,~~y", ,~;! '-~~I.;. ,~;:~ ~~,=~, ~:,=~ I,; - ;,".
J _.- Sheet 8 of 11
~. ' " .. - Rule No. 15 .
I . '.
I ~ .
. . }~IN EXTENSIONS
(Continued) -
c. ~xtensio~s to Serve Subdivisions, Tr~cts~ttsing Proiects.
.)ndustrial D~v~lcDme~ts or Or~ariized Co~~ercial Districts (ContinueJ)
2. RefW'!ds :". .' --
a. The ar:\ount advanced under Sections C.l.a.. C.l.b. and C.¡".c. shall
. be subject to ref~~d.by the uti~ity~ in cash~ witho~t ~nterestt to
the party or parties entitled thereto as zet-forth in the following.
. t~o paragraphs. The total amount so refunded shall not eXc~ed the
. .' total of the a~o~nt adva~ced. Except as hereinafter provi¿eG, the
refunds shall be t;lade ~n~al, "semi-.anm.:.al or qu<:!:rt~rl-Y-r_a~:l:::s t
. . at the election of the utility, and for a period not to .exceed 20
.' - -- ...-
~s 'nt te r. th~__ç.a_t_e _o.f._the._cont.r3.c..t. .
. ~,.
. b. Uhenever costs of main extensions .have been advanced pursu;::mt to
I. Sections C.l.å. or C.l.c.~ the utility shall detercin~ th~ reven~~
. :received fro[;1 custor;-.ers, inèludingfire .protection agencies, sup?liec
. by service pipes connected directly to the extension. for w~ich the
cost was advañced. The refund shall be 22Z of thereven~e so.re-
. ceived. .
. .
~ c.~,e~eve~ costs of special facilities hav~ been advanced pur.~
;' . . ".: ",to Sect~ons C.)..b. orC.1.c.~ t~:7__.~~,?_~tn_~~.il_~.~anced shall ~'-£..~
.' div~g,_ÈY.......~..h?_~~_r:'.ber_. '!.LJp!=s to.. b~_--servecl by ..tn~-~p2c.1.~{-'- -
. fãéilities. This advance per lot shall be ~~funded for each lot'
on \1fïrêh"9n~.._Ç>~ .mo,re bona Iide cu.stoffi.ers nre ser~¿~("bŸ- Ú;~se - .
-- . ....
. få.cillties. . . .
- ---.'.
. d. With. respect to a contract entered into on and after the effective
. . date of this rule» if» at any' time during the 20~year refund period
specified above» ßO7. of the bona fide Cl'sto:ners for \-:hich the.
extension or spe"cial-r acilit ië-Š-were-cresI-grieã á re-'oei'-tlg--šervÚl
. therefrom, the utility shall iTi'.:.-n~~.t;._e.ly..not.ifyth_~_c_ont1:qct .holder .
. .. of that'..!a.ct~' and at thatfim~__~h~_3:.~_b~.c.or;'.e obl,i,g~~_ed - ~~ pay, in "
,cash. any' balance which n-.ay x:emain um:efu:1ded. élt th:. ct'.d. of sã{¿--
~~?r:pe.r~°a:-'Sùèh "báLã"nce shall. be refund~d in five cqèJ:Ü .
. annual J.nstallI:1ents, payable beginnJ.ng 21 years at ter the. ¿ate 0 E
the contract. . .
.
.
.
"
.
. .
.. .
(Continued) .
, .
. .
, . .
Inee.! b7 .
Ad."," Lctter~.. 458 ~,jJ~ D.", Fikd :~'- ~~1 Aî;:";"
. ,. . . ... 0 ",A -""--- - I
Dc:"C;sion No. 8!;.3J!~ EO F. CA'rEY. Vicl... P.,-sM.."r EfFc(~v:= I .. ),_. J I ~
-- .' .~:..-.-----_._,- -," ,., .0' ~.-. .0 - - _. "'--'---' ..-- .,..-".--..-..--_...__.H_- --
.' . úncd!iog Rev ¡....ed CJ.!. P.U.c. Shed' No. J.O!~O-W
,', . ... -------.-:
. . Sheet 9 of 11
, , .. Rule 1:0. 15
.. .---.-,--.
~ MAIN ExrENS10~S .
. . (Continued) . . .
. C. Extensions to Serv~ Subdivisions') Tr;:l\':ts I lIousinQ; Pro; ects,
'Industriól DeveloG~ents or O~g~~ized Co~~erci~l Districts (Continued)
. 0 -'- . .
. , . .
2~ RefW'lé!.s (Continued) o. , .
. e. .Where a contract h29 been erttered into under a form~r n~in .
extension rule, ar~ where 80~ of the bona fide customers for which'
, the exténsion or special facilitiès were designed are beinf? served
. . 0
. therefroc;. t:he utility Day negotiate and enter into a new and -
substitute contract,. identical in all respects \.lith the original
contract) includL~g the'original t~~ination date, exce?t'that
'said substitu~e contract shall include the following'provision:
. "liotwithstanding any other provisions hereof, ",any unreflmcled
. balance recaining at the. termination date of this contract shall
be paid in five equal annual installm~nts beginning one year after
said ternination date." The advice letter provisions of Section X
of Cerleral Order No. 96-A shåll apply to .all such r.eplacem~mt:
contracts- . .
3. Ternrina.tion of Main Erler>.sion Contracts .'
a. Any contract vith refunds based upo~ percentage of revenues 2nd.
ò entered into under SectiQn C. of thiz rule, or under si~ilar ¡
- provisions of fdr~er rules, may be pu~chased by. the utility aad .
termInated,-provided the pay~ent is not in excess of the estiln~ted ~
revenue refund multiplied by the ter~ination factor in the ¡
'followIng table,. the terms are othen~ise mutually agreed to by th~ ;
parties or their assignees and Section C.3.b. and Section C.3.c. ¡
hereof are-.co!:\plied ,dth. The estit;'.ated revenue refund is the ¡
amount that vould othendse be refunè.~d) at the current lev~l of ¡
refunds, over the re~ainder of the t~enty~year contract period'
or shorter period that would b~ required to extinguish thé tot~l .
" refund òbligation. It shall be determined by multiplying 22 percent
. . of the average annual revenue per service for the immedi<1.tely,
preceding calendar yea~ by the number of bona fide Customers at the
. proposed te~minaticn date, ti~es the ~umber of years or fractioDS
thereof to the end of the twentYJ'ear contract period or shorter
period that would be required to refund the remaining contract
. .' balance.
. .. . .
, '. .
. . . .
. ,
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Advic:: ldt~c No, 458 9 -T -~ D3te Fibl J.j-;.J~ ;JJ.)
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, Rule l~o. 15 .
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. ' , , 1-ti\I~ E:crENSIm¡S ". . -:-':- - '--- -,-,
(Continued) .
C. Extensions to Serve Subdivlsio71s, Tracts- Housin~ Projects,
'~ndustrial Developments or O~~~hized CoMæerci~l Districts (Continued)'
. " .
, '
. .. 3. 3.'e~nation of Umrz E:r:t.ai':siorz Contracts {Continued} .' -
Termlnatio~ F~ctors
Years . . . . Years
. Remaining: . Factor ltemaining-. Factor. . .'.
. 1 .8929 ' 11 .' . .5398 .
.' 2 .8450 :. 12 .5162
. 3 ',' - .8006 13 . .4941
4 ..7593 . -, 14 .' .4734
. 5 .7210 - 15. .4541
6 .6852 16 .4359
7 ' . .', .6520 17. .4i88
8 .6210 - 18 ~ .4028
- 9 .5920 19 .3817
10 .5650 -.
. . -
. .
.
-- . b. The t:ti1.ity shall furnish prcæptly to the Com::lission the fc>11o~dnr:
,.' , '....:~..:,. ,-- h. . .' - inforraation in' ~lrltiC1Z and shall obt<lin ,prior authorization by <!
formal ~pplication under Sections 81?-830 of the Public Utiliti~~
. Code if paYIi'.ent is to be :;:ad~ other th:::m in cash: .
(1) A copy of the t~3.in extensioa contra~t ~ together .
vith.data adeq~ately describing the develop~ent .
for.w~ich the advance was Ðade and the totul .
adjusted construction cost of the cxtension. .
(2) The balance unpaid on the contract and th~
ealculation of the maximum tendnation p::ice ~ .
. as above;defined~ as of the date of ter~inatioa '
. and the terms under which the obligation ~as - -
, temin?- tfid. . - .
. - .
(3) The n~ffie of th2 holder of the contract ~hea
. ,
terminated. .-
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c. Discounts obtained by the utility from co~tracts terminated under
. the provisions of this section shall be accounted.for by credits
. to Ac. 265, Contributions' in Aid of Col1.structio:1. '
.
I (Continued)
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Advice Let"'; No, ~58 ~f ,7':: -G" ~ D..-. Filed" :.r.. ;J;: : J J ' )
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D:cisio;i 1'-:0. 84334 ED F. CATEY. y;!:"~ Pr~'s¡'dè'/lt Eff'C\.~\..c: . I,) ... JJ : .
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D. Extensio~5 Desi~ed to Include Fire Protcctio~' . , ~
;. :rhe, cost of distribution Dai:ls designed to... ú'.cet th~ ,fire £10:..." rc~uir~-I! '
14lents set forth in Sc,ction VIII.l(a) of General Order No. 103 is to be í
adv~nced by the applicant. The utility sh3l1 Tefund this advance as l~ ,
provided in Section~ B.3. and C.2. of this .rule. -':,' I'
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. 2. Should dist:~ibu~~o~_m:;1ins be, designed to tleet fire flo~~..rcqu.ir~_r::~nts,',! í
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. no. 103, the~~J.se_:i;~. cost of t~:- ~~_~r.!:~~ti2.~}!1~i1)_~¿~C:~ss~::~'1 to !/ ~'
. . meet su.:~_t;..~zh:r f~r~ ~lo'" r~.'t~~~e::¡~n:~. ,sþ_a}.1__ba._pai9.~th~~ut,ilit)" ", ,'¡ ¡,
as a contr~butJ.on ~n a~d of constructJ.ó~. ", r I
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pri~¡y fôr £ir~.'p'i-ot:~_~~~oi[j~...ti~p'õ~es- shall be pa~ to the ctilit:r . !:-, ¡,
'ãS'acontríbütion.' Üi.-àìd-oE-construction. '.' J, ,:.' j
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OPTION A
. EXHIBIT B
RECORDED ,.- CITY OF 8AKERSFI ELD DATE 3-9-32
'N 800 ( AT rAGr CALIFC'RNIA DRAWN K.M.
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OF"ICIAL RI:CO"DS 0,. .--
KEitH COUNTY. CALIF'OltHIA ë:NGINEERING DEPARTMENT CHECKED
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