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HomeMy WebLinkAboutReso 1970-5783 RESOLUTION N0. 5783 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHt?LA VISTA RESCINDID;G RESOLUTION NC. 5633 AND APPROVING THE MAIN EXTENSION CONTRACT AMONG THE CITY OF CHULA VISTA, CALIFORNIA- AMERICAN WATER COMPANY AND WILLIAM A. BUFORD, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista had here- tofore approved a certain Main Extension Contract among the City of Chula Vista, California-American Water Company and one Bernard J. Jaehn, and had authorized the Mayor to execute the same by Resolution No. 5633 approved by the City Council of the City of Chula Vista on May 5, 1970, and WHEREAS, said agreement provided for the extension of a water main to serve that certain subdivision known as Vista Loma Verde, and WHEREAS, the applicants, the City of Chula Vista and Bernard J. Jaehn pursuant to said contract were to advance the sum of $5,990.00 which amount would be refunded by California-American Water Company in accordance with the terms of said contract, and WHEREAS, said Bernard J. Jaehn did not as an applicant advance any of said sum and thereafter ceded all of his right, title and interest in said Vista Loma Verde Subdivision to William A. Buford, and WHEREAS, it is now desirable to enter into a tripartite agree- ment among the City of Chula Vista, California-American Water Company and William A. Buford, being the successor in interest to Bernard J. Jaehn. NOW, THEREFORE, BE IT RESOLVED that that certain Main Extension Contract among the City of Chula Vista, California-American Water Company and William A. Buford for the purpose of sharing on an equal basis the cost of a water main installation to serve the Vista Loma Verde Subdivision and Loma Verde Park, dated the day of 1970, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by /~ :l' A~ /> r...r~'" ' ~ t' c',... f~/f.-~., 1'._._- f/ _ ~ _._. "~l. . may'./" l,/~ `-Lane F. Cole, Director of public Works George Approved as to form by ADOPTED AP'D APPROVED by the CITY COUDICIL of the CITv OF CNULA VISTA CALIFORNIA, this 1st day of September , 19 70 by the followine vate, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton ~iAYES: Councilmen None ABSE"~T: Councilmen None Mayor of t e City of Chula Vi to ATTEST "~ _~-.~-~--L',- ..e,' t',' ~ 1r- ~,~ ---'" Ci tv Clerk STATE OF CALIFORNIA ) COUi~TY OF SAt~' DIEGO ) ss . CITY OF CHULA VISTA ) I, KENNETH P, CA.h1PBELL, City Clerk of the City of Chula Vista, Caltrocnia, DO IiEPEE•Y CEPTIFY that the above and foregoing is a full, true and corre, ~ c.~n- ~~t and that the same has not been amended or revealed, DATED City Cleric CC-552 !-~ _ _ -. , ~ , i ~. } , ;_. - ~ " SERVICE T ~-12.1 ~ 5, )TAL =15 . ~~--~ ~ ~~ n~~ _ ERf~E S~.Ir3 EX1ST. ~" MAI I-I S ~ VEfZ~E ~AR1~ -rpROV[D BYE DRAWN 0Y -~ ~~ _ M. fem. ~- ~~ V ~ ~~_.~~_~_~/- ~---rte REVIiEO A-AMERICAN WATER COMPANY BAY DIVISION TE2 f>1STRICT DRAw~NO NUMB[R MAIN F~i'~~~~ivSI0i1 CONfRAC"' SUt3DlVISI0i~1S, `1'K~l, i, r.OUCl~~c~ _'hO~L'C_1'aL 1i11)US`? tt1AL DEVELOPi~~~N~l'S OR ORGA~?IZED COi~~i~I~~itCIAL DISTRICTS Utility Name CA~~?:F'OT?~~~'A-A.~~1i~R1'CAI°7 ~II`i'I5~'~, CO~~iP'~N~T Address _~?~ ^h~cl AtTr?rjt~r~~ Chu~~ ST~:~~'~, .C.~~i.fnY_113.3-4='.n10 Applicant Name Cx~°~T OF CHLzLA 4'ISTA, a public corporation Address p. O.P,ox 1Gt3 Ciaula Vista, Cal~.f. 92012 WSLLIAt~~ A. BUFO~ZD, 1~3 "L" St . , Chula Vista, Calif . 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 Ca1_ifornia Public Utilities Commission, a copy of which rule is attached hereto and made a Hart 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 t'rie purpose of furnishing public utility water service to that certain property known as LOyIA VERDE PARK and VISmA LOT~IA VERDE ~~TRDTVISrON _ and delineated on that map attached 'Hereto as Exhibit A. Advance Applicant shall advance the amount of ~5gg 0.00 to cover the cost of facilities described in said Exhibit B, pursuant to Section C.l.a. of utility's filed Mein Extension Rule, which amount includes NONE which has already been advanced pursuant to Section A.S.b. of said rule, before construction cf 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. cf said rulee The portion of such cost to be treated as an advance subject to refund shall not exceed ~ NOi?E 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 1 1" 3 env ides, 2-2" services and 1- " fire hydrant The effective date of this contract shall be ~~ (.-,.,~~ --} , lf~. Signatures Utility Applicant CAS ~~ ~. I~~RICAd _.._ f Dat e,,.~~.rtT__.yTl ~ ~ p ~-- Dat e ~i~I?.,LI~'~~I A. BtTFGHD _,'~' Yn r ni R~!* x>/'~-'~ n T T(1'r ('~?-.s t~ r",.-~q r~ ^~!~ , / ~v (l t_' (rt-,1,~ n TT-i ~a-~ .' -'"-,(l~ Ti-.-. r.. c. 1 7 R. ~. 1 (lf~~ -!' Jc~ ~ r _... _~.ianl A. Buf~~=ci - 50~ It e;:xs- ~-, ?,~ & 3; 10~ It era ~F J r ~-~ y , EY.HTBIT "B" Estimated cost of installing water mains and appurtenances re- quired to rer~~?er grater ser~.riee to VISlA L0~r1E VERDE S~JBaD1~rISION and LO:~~A V~Z17E PAI~i~s, being a subdivision of a portion cf Fractional Sectionl3, T18S, R2a~(, S. B.B.?x.:1. , City of Chula Vista, State of California as de3.in~-gated on E~hib3.t "A" 1. Install 285' 8" main in Orange Avenue $1,190.00 2. Install 675' 8" main in Loma Verde Park°~ray 2, 820.00 3. Install 1 only 6" steamer fire h Brant at Engr. Station 5+88.6+ per City of Chula Vista Drawing 6g-17~D 600.00 ~. Install 15 - 1" services to Lots 1 through 15 Vista Loma Verde Subdivision 1,130.00 5. Install 2 - 2" services to Loma Verde Park 250.00 TOTAL ESTI;~IATED COST ~5~ ggo. 00 EXHIBIT " C ~, No facil~.ties to be installed by Applicant ';! / ` Rule No. 15 MAIN EXTENSIONS GENERAL PROVISIONS AND DEFINITIONS 1. 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 provisions 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 exten- Sion before the utility commences construction work on said extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the utility. b. Extensions solely for fire hydrant, private fire protection, resale, temporary, 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 established, 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 lowering facilities upon establishment of final grades. Adjustment of any difference 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 proposed relocation, raising or lowering shall be re- funded when such displacements are determined by proper authority to be not required. 2. Limitation of Expansion a. Whenever the outstanding advance contract balances reach 40 percent of total capital (defined, for the purpose of this rule, as proprietary capital, or capital stock and surplus, plus debt and advances for construction) the utility shall so notify the Commission within thirty days. b. Whenever the outstanding advance contract balances plus the advance on a proposed new extension would exceed 50 percent of total capital, as defined in Section A. 2. a. plus the advance on the proposed new extension, the utility shall not make the proposed new extension of distribution mains without authorization of the Commission. c. Whenever the outstanding advance contract balances reach the above level, the utility shall so notify the Commission within thirty days. 3. Definitions a. A "bona fide 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 com- menced. 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 corporation that divides a parcel of land into two or more portions. c. The "adjusted construction cost", far 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 required for the service requested, the "adjusted construction cost", for the purposes of this rule, shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. _~_ q ~.\ . c is " / S.? _ _. l~ _ ~~ i ~/ Rule No. 15 MAIN EXTENSIONS GENERAL PROVISIONS AND DEFINITIONS 1. 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 provisions 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 exten- sion before the utility commences construction work on said extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are transferred to the utility. b. Extensions solely for fire hydrant, private fire protection, resale, temporary, 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 established, 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 lowering facilities upon establishment of final grades. Adjustment of any difference 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 proposed relocation, raising or lowering shall be re- funded when such displacements are determined by proper authority to be not required. 2. Limitation of Expansion a. Whenever the outstanding advance contract balances reach 40 percent of total capital (defined, for the purpose of this rule, as proprietary capital, or capital stock and surplus, plus debt and advances for construction) the utility shall so notify the Commission within thirty days. b. Whenever the outstanding advance contract balances plus the advance on a proposed new extension would exceed 50 percent of total capital, as defined in Section A.2.a. plus the advance on the proposed new extension, the utility shall not make the proposed new extension of distribution mains without authorization of the Commission. c. Whenever the outstanding advance contract balances reach the above level, the utility shall so notify the Commission within thirty days. 3. Definitions a. A "bona fide 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 com- menced. 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 corporation 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 required for the service requested, the "adjusted construction cost", for the purposes of this rule, shall be determined by the application of an adjustment factor to actual construction cost of facilities installed. This factor shall be the ratio of estimated cost of required facilities to estimated cost of actual facilities installed. _ i _.~ ~~ r: -. l~, u ~~ ~~ ~ ~ . ` /J /c~~ ~~ , A. GENERAL PROVISIONS AND DEFINITIONS (Continued) 4. Ownership, Design and Construction of Facilities a. Any facilities installed hereunder shall be the sole property of the utility. In those instances in which title to certain portions of the installation, such as fire hydrants, will be held by a political subdivision, such facilities shall not be included as a part of the main extension under this rule. b. The size, type, quality of materials, and their location shall be specified by the utility; and the actual con- struction shall be done by the utility or by a constructing agency acceptable to it. c. Where the property of an applicant is located adjacent to a right-of-way, exceeding 70 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 on the same 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 specification of a public authority, the estimated and adjusted construction costs of said extension shall be based upon the facilities required to comply therewith. 5. Estimates, Plans and Specifications a. Upon request by a potential applicant for a main extension, the utility shall prepare, without charge, a prelim- inary sketch and rough estimates of the cost of installation to be advanced by said applicant. b. Any applicant for a main extension requesting the utility to prepare detailed plans, specifications and cost estimates shall be required to deposit with the utility an amount equal to the estimated cost of preparation of such material. The utility shall, upon request, make available within 45 days after receipt of the deposit referred to above, such plans, specifications and cost estimates of the proposed main extension. If the exten- sion is to include oversizing of facilities to be done at the utility's expense, appropriate details shall be set forth in the plans, specifications and cost estimates. c. In the event a main extension contract with the utility is executed within 180 days after the utility furnishes the detailed plans and specifications, the deposit shall become a part of the advance, and shall be refunded in accordance with the terms of the main extension contract. If such contract is not so executed, the deposit to cover the cost of preparing plans, specifications and cost estimates shall be forfeited by the applicant for the 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 showing the street and lot layouts and, when requested by the utility, con- tours or other indication of the relative elevation of the various parts of the area to be developed. If changes are made subsequent to the presentation of this map by the applicant, and these changes require additional expense in revising plans, specifications and cost estimates, this additional expense shall be borne by the applicant, not subject to refund, and the additional expense thus recovered shall be credited to the account or accounts to which the additional expense was charged. 6. Timing and Adjustment of Advances a. Unless the applicant for the main extension elects to arrange for the installation of the extension himself, as permitted by Section C.l.c., the full amount of the required advance or an acceptable surety bond must be provided to the utility at the time of execution of the main extension agreement. b. If the applicant fora main extension posts a surety bond in lieu of cash, such surety bond must be replaced with cash not less than ten calendar days before construction is to commence; provided, however, that if special facilities are required primarily for the service requested, the applicant for the extension may be required to deposit sufficient cash to cover the cost of such special facilities before they are ordered by the utility. -2 - ( ~J A. GENERAL PROVISIONS AND DEFINITIONS (Continued) An applicant for a main extension who advances funds shall be provided with a statement of actual construction cost and adjusted construction cost showing in reasonable detail the costs incurred for material, labor, any other direct and indirect costs, overheads, and total costs; or unit costs; or contract costs, whichever are appropriate. d. Said statement shall be submitted within sixty days after the actual construction costs of the installation have been ascertained by the utility. In the event that the actual construction costs for the entire installation shall not have been determined within 120 days after completion of construction work, a preliminary determination of actual 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. Assignment of Main Extension Contracts Any contract entered into under Sections B and C of this rule, or under similar provisions of former rules, may be assigned, after settlement of adjusted construction costs, after written notice to the utility by the holder of said contract as shown by the utility's records. Such assignmenT shall apply only to those refunds which be- come 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 more than a single assignee. & Interpretations and Deviations In case of disagreement or dispute regarding the application of any provision of this rule, or in circumstances where the application of this rule appears unreasonable to either party, the utility, applicanT or applicants may refer the matter To the Commission for determination. :. EXTENSIONS TO SERVE INDIVIDUALS 1. Free-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, housing 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 fifty feet per service connection. 2. Advances If the total length of main extension is in excess of 50 feet per service connection applied for, the applicant or applicants for such service shall be required to advance to the utility, before construction is commenced, that portion of the estimated reasonable cost of such extension which exceeds the estimated reasonable cost of 50 feet of the main extension per service connection, exclusive of the cost of service pipes, meter boxes and meters. Such estimated reasonable cost shall be based upon the cost of a main not in excess of 6 inches in diameter except where a larger main is required by the special needs of the applicant or applicants. The amount of the advance is subject to adjustment in accordance with the provisions of Section A.6.e. of This rule. 3. Refunds The money so advanced shall be refunded by the utility, in cash, without interest, in payments equal to the ad- justed construction cost of 50 feet of the main extension for whi ch advance was made, for each additional service connection made to said main extension exclusive of that of any customer formerly served in a reasonable manner at the same location. Refunds shall be made within 180 days after the date of first service to a bona fide customer. No refunds shall be made after a period of ten years from the date of completion of the main extension and the total refund shall not exceed the amount advanced. 4. Exceptions Where a group of five or more individual applicants requests service from the same extension, or in unusual cases after obtaining Commission authorization, the utility, at its option, may require that the individual or individuals advance the entire cost of the main extension as herein provided and the utility shall refund this advance as pro- vided in Section C.2. of this rule. ~. C. EXTENSIONS TO SERVE SUBDIVISIONS, TRACTS, HOUSING PROJECTS, INDUSTRIAL DEVELOPMENTS OR ORGANIZED COMMERCIAL DISTRICTS. Advances a. Unless the procedure outlined in Section C.l.c is followed, an applicant for a main extension to serve a new subdivision, tract, housing project, industrial development or organized commercial district shall be required to advance to the utility, before construction is commenced, the 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 reasonable estimate of the potential customers who might be served directly from the main extension without additional extension. The costs of the extension shall include neces- sary service stubs or service pipes, fittings, gates and housing therefor, and meter boxes, but shall not include meters. To this shall be added the cost of fire hydrants when requested by the applicant for the main extension or required by public authority, whenever such hydrants are to become the property of the utility. b. If special facilities consisting of items not covered by Section C.l.a. are required for The service requested and, when such facilities to be installed will supply both the main extension and other parts of the utility's system, at least 50 percent of The design capacity (in gallons, gpm, ar other appropriate units) is required to supply the main extension, the cost of such special facilities may be included in the advance, subject to refund, as hereinafter provided, along with refunds of the advance of the cost of the extension facilities described in Section C.l.a. above. c. In lieu of providing the advances in accordance with Sections C. 1. a, and C.1.6., the applicant for a main ex- tension shall be permitted, if qualified in the judgment of the utility, ro construct and install the facilities himself, or arrange for their installation pursuant to competitive bidding procedures initiated by him and limited to qualified bidders. The cost, including the cost of inspection and supervision by the utility, shall be paid directly by applicant. The applicant shall provide the utility with a statement of actual construction cost in reasonable detail. The amount to be treated as an advance subject to refund shall be the lesser of (1) the actual cost or (2) the price quoted in the utility's detailed cost estimate. The installation shall be in accord- ance with the plans and specifications submitted by the utility pursuant to Section A.5.6. 2. Refunds a. The amount advanced under Sections C. 1. a., C.l.b. and C. 1. c. shall be subject to refund by the utility, in cash, without interest, to the party or parties entitled thereto as set forth in the following two paragraphs. The total amount so refunded shall not exceed the total of the amount advanced. Except as hereinafter provided, the refunds shall be made in annual, semi-annual or quarterly payments, at the election of the utility, and for a period not To exceed 20 years after the date of the contract. b. Whenever costs of main extensions have been advanced pursuant To Sections C. 1. a. or C. 1. c., The utility shall determine the revenue received from customers, including fire protection agencies, supplied by service pipes connected directly to The extension for which the cost was advanced. The refund shall be 22%of the revenue so received. c. Whenever costs of special facilities have been advanced pursuant to Sections C.l.b. or C.l.c., the amount so advanced shall be divided by the number of lots to be served by the special facilities. This advance per lot shall be refunded for each IoT on which one or more bona fide customers are served by Those facilities. 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, 80% of the bona fide customers for which the extension or special facilities were designed are being served therefrom, the utility shall immediately notify the contract holder of that fact, and at that time shall become obligated to pay, in cash, any balance which may remain unrefunded at the end of said 20-year period. Such 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 extension rule, and where 80%of the bona fide customers for which The extension or special facilities were designed are being served therefrom, the utility may negotiate and enter into a new and substitute contract, identical in all respects with the original contract, -4- EXTENSIONS TO SERVE SUBDIVISIONS, TRACTS, HOUSING PROJECTS, INDUSTRIAL DEVELOPMENTS OR ORGANIZED COMMERCIAL DISTRICTS (Continued) including the original termination date, except that said substitute contract shall include the following provi- Sion: "Notwithstanding any other provisions hereof, any unrefunded balance remaining at the termination date of this contract shall be paid in five equal annual installments beginning one year after said termination date." The advice letter provisions of Section X of General Order No. 96-A shall apply to all such replacement contracts. 3. Termination of Main Extension Contracts a. Any contract with refunds based upon percentage of revenues and entered into under Section C. of This rule, or under similar provisions of former rules, may be purchased by the utility and terminated, provided the payment is not in excess of the estimated revenue refund mulTiplied by the termination factor in the following table, the terms are otherwise mutually agreed to by the parties or their assignees and Section C.3.6. and Section C.3.c. hereof are complied with. The estimated revenue refund is the amount thaT would otherwise be refunded, at the current level of refunds, over the remainder of The twenty-year contract period, or shorter period that would be required To extinguish the total refund obligation. It shall be determined by mulTiplying 22 percent of the average annual revenue per service for the immediately preceding calendar year by the number of bona fide customers at the proposed termination date, times the number of years or fractions thereof to the end of the twenty-year contract period or shorter period That would be required to refund the remaining contract balance. Termination Factors Years Remaining Factor Years Remaining 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 .4188 8 .6210 18 .4028 9 .5920 19 .3877 10 .5650 b. The utility shall furnish prompTly to the Commission the following information in writing and shall obtain prior authorization by a formal application under Sections 816-830 of the Public Utilities Code if payment is to be made other than in cash: (1) A copy of the main extension contract, together wiTh data adequately describing the developmenT for which the advance was made and the total adjusted construction cost of the extension. (2) The balance unpaid on the contracT and the calculation of the maximum termination price, as above defined, as of the date of termination and the terms under which the obligation was terminated. (3) The name of the holder of the contract when terminated. c. Discounts obtained by the utility from contracts terminated under the provisions of this section shall be accounted for by credits to Ac. 265, Contributions in Aid of Construction. _~C_ r . ~ t' ~~ /~ "J ~.