HomeMy WebLinkAboutReso 1974-7392
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Form No. 342
Rev, 3/74
RESOLUTION NO. 7392
RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA
VISTA AND CALIFORNIA-AMERICAN WATER COMPANY AND CHARLES M. &
VIRGINIA DASHIELL FOR PARTICIPATION IN THE INSTALLATION OF
WATER MAIN IN 1000 BLOCK OF DEL MAR AND APPROPRIATING FUNDS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Clty Councll of the CLty of Chula Vlsta does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certaLn agreement
between THE CITY OF CHULA VISTA, a munLcLpal corporatlon, and
CALIFORNIA-AMERICAN WATER COMPANY AND CHARLES M. & VIRGINIA DASHIELL,
for participation in the installation of a water main in the 1000 block
of Del Mar Avenue,
dated the 6th day of August , 1974 , a copy of
which lS attached hereto and lncorporated hereln, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the sum of $3240 be, and the same
is hereby appropriated from the unappropriated balance of the General
Fund to cover the City's cost of participating in the installation of
water facilities in the 1000 block of Del Mar Avenue.
BE IT FURTHER RESOLVED that the Mayor of the Clty of Chula
Vista be, and he lS hereby authorized and dlrected to execute saLd
agreement for and on behalf of the City of Chula VLSLa,
Presented by
Approved as to form by
-~~L~
La F. Cole, Director of~lic
Works
ADOPTED AND APPROVED by the
VISTA, CALIFORNIA, thLs 6th day of
the followlnc, vote, to-WLt:
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George D. Lindberg, City Atto~
CITY COUNCIL of the CITY OF CEULA
August 19 74 , by
AYES: Councllmen
Hobel, Hamilton, Hyde, Egdahl, Scott
NAYES: Councllmen
None
ABSENT: CouncLlmen
None
ATTES~1~~/ ?z?~~~:;
r Clty C erK t/
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
, Clty Clerk of the CLty
that the above is a full,
, and that the same has
I,
of Chula Vlsta, CalLfornLa, DO EEREBY CERTIFY
true and correct cooy of ResolutLon No.
not been amended or repealed. DATED
Clty Clerk
MAIN EXTENSION CONTRACT
SUBDIVISIONS, TRACTS, H0USHlG PI10J1cCTS, INDUSTHIAL DEVELOPViliNTS
OR ORGANIZED CO"~lliRCIA~ DISTRICTS
UtJi~J. t Y
--- Name .-CA:kIFORRJA=il~lERJCAN HATER COr'1PANY
Addres~---3Q5 Third '\v.c,. Chule;. Vista. Calif. 92010
~.'lpl i cant
Name CITY OF CHULA VISTA (60%)&
Address2.j'6 Fourt~ve.
Crlula Vista, Calif.
Preliminary S4c:,Lltement
This cont",,"ct is entered into pursuant to the requirement of,
and in accordance \-l.ith the various applicable provisions of,
utility's main extension rule in effect and on file with the
California Public Uttlities Commission, a copy of which rule
is attached hereto and made a part hereof. This contract does
not, therefore, require specific authorization of said Com-
mlssion, to carry ou.t "its terms and. conditions. .
Cl:lAJ1I-,~.s M. & VIHGINIA E.
""iL!2 ~10mar Street
Chula Vista, Calif.
( 40~
DASHIELL
Purpose of Contract
Applicant hereby applies for a water main extension. The
facilities des,ribed in attached Exhibit B shall be installed
by utility, and those described in Exhibit C by applicant.
Such facilities will be used for the purpose of furnishing public
utility water service to that certain property known as
Portjona o~Q.Ls 11 & lL~. Ouar. Sec. 141. County of
lSAn Dj ego. City of Chula Vista. California
and delineated on that map attached hereto as Exhibit A.
Advance
Appli cant shall advance the amount of $ ').400. 00 to cover tbe cost
of facilities described in said Exhibit B, pursuant to Section C.I.a.
of utility's filed Main Extension Rule, wnich amount includes
$ ::>00. 00 which has already been advanced pursuant to
Section A.5.b. of said rule, before construction of the main
extension is commenced, subject to revision of the amount advanced
pursuant to Section A.6.e. of said rule. Applicant agrees to pay
the cost of installed facilities described in Exhibit C, pursuant
to Section C.l.c. of said rule. The portion of such cost to be
treated as an advance subject to refund shall not exceed $ NONE
"
Refunds
The amount advanced shall be subject to refund pursuant to
Section C.2., Refunds, of utility's filed Main r~tension Rule.
For refunding purposes, the number of customers for which the
extension is designed shall be considered to be 1 - 6" f:Lre. hydrant
and 1 - 4" service.
The effective date of this contract shall be August 6, _, 1974.
~gnatures
Utility
CALIFORNIA-AMBRICAN
Applicant
CITY Ol? CHULA
V
j
Date August 6, 1974
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EXHIBIT "B"
Estimated cost of installing water mains a.nd appurtenances required
to render service to portions of Lots 11 & 14, Quarter Section 141,.
County of San Diego, City of Chuln Vista., Sta.te of California, as
delineated on Exhibit "A":
PART I .-- Estimated cost of installing ...ater mains and
appurtenances required to render service for
the City of Chula Vista:
1. Install 360 L.F. of 6" A.C..
in Del Mar Ave.
2. Install 1 - 6" fire hydrant
$2,340
900
ESTIMATED COST FOR CITY OF CHULA VISTA
PART II - Estimated cost of installing water mai.ns and
appurtanances required to render service for
De Chiel Apartments:
1. Install 240 L:F. of' 6" A.C.
in Del Mar Ave.
2. Install I - 4" service with
2 - 2" meters
ESTIMATED COST FOR C.M. &
V.E. DASHIELL
Less Engineering deposit
received 5-14-74
BALANCE DUE ON ESTI~illTED COST
FOR C.M. & V.E. DASHIELL
TOTAL ESTI~~TED COST OF FACILITIES
EXHIBIT "c"
No f'acilities to be installed by Applicants.
$1,560
600
$2,160
(200)
$1,960
$3,240
2,160
$5~~0
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DEL ~vlAR A\JE. - fvlAI i'-.~ EXTE r-.L
CITY 0;;- C,l-~U1..A VISTA e. :PE. C\.\ISL I?EALTY
!teAL;;:, \":::. too" "'J>1"ftOV~O UYI IH'''WH BY C")L~\'\
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c. 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 CIld indirect costs, overheads, and total costs; or unit costs; or contract costs, whichever ore
appropriate.
C. EXTENSIONS TO SERVE SUBOIVISIONS, TRACTS, HOUSING PROJECTS,
INDUSTRIAL DEVELOPMENTS OR ORGANIZED COMMERCIAL DISTRICTS.
A. GENERAL PROVISIONS AND DEFINITIONS (ConHnued)
e. Arly differences between the adjusted construction costs and the anount advanced shall be shown as a reVISion
of the omountof advance CIld shall be payable within thirty doys of dote of submission of statement.
1. Advances
a. Unless the procedure outlined in Section C.loc is followed, an applica1t for 0 main extension to serve a new
subdivision, tract, housing project, industrial development or organized commercial district shall be required 10
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 sholl include ~~es-
sary service stubs or service pipes, fittings, gates and housing therefor, and meter boxes, but sholl not include
meters. To this sholl be added the cost of fire hydralts when requested by the applicant for the main extension
or required by public authority, whenever such hydrants ore to become the property of the utility.
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, 0 preliminary determination of
actual and adjusted construction costs shall be submitted, based upon the best available information at that
time.
7. Assignment of Moin Extension Contracts
Any contract entered into under Sections Bond 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 sholl 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
sholl not be required to make anyone refund payment uncler such contract to more than 0 single assignee.
b. If special facilities consisting of items not covered by Section Cl.a. are required for the service requested
and, when such facilities to be installed will supply both the main extension md other ports of the utility's
system, at least 50 percent af the design capacity (in gallons, gpm, or other appropriate units) is required to
supply the main extension, the cost of such special facilities may be included in the advance, subiect to
refund, as her'einafter provided, along with refunds of the advance of the cost of the extension facilities
described in Section C1.a. above.
S. Interpretations and Deviations
In case of disagreement or dispute regarding the ~plication 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.
c. In lieu of providing the advances in accordance with Sections C1.a. and C.1.b., the applicant for 0 main ex.
tension sholl be permitted, if qualified in the judgment 01 the utility, to construct ond 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, sholl be
paid directly by applicant. The applicant shall provide the utility with 0 statement of actual construction cost
in reasonable detail. The amount to be treated as on advance subiect to refund shall be the lesser of (1) the
actual cost or (2) the price quoted in the utility's detailed cost estimate. Th,e installation sholl be in accord.
once with the plans ood specifications submitted by the utility pursuant to Section A.S.b.
B. EXTENSIONS TO SERVE INDIVIDUALS
1. Free-Footage Allowance
The utility shall extend its water distribution mains to serve new bono 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. Refunds
a. The amount advalced under Sections C1.a., C.l.b. and C1.c. sholl be subject to refund by the utility, in cosh,
without interest, to the party or parties entitled thereto os set forth in the following two paragraphs. The total
amount so refunded shall not exceed the toto! of the amount advanced. Except-os hereinaher provided, the
refunds sholl be mode in annual, semi. annual or quarterly payments, at the election of the utility, and for a
period not to exceed 20 years after the dote of the contract.
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 sholl 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 0 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.
b. Whenever costs of main extensions have been advanced pursuant to Sections c.I.a. or C.l.c., the utility shali
detennine the revenue re.ceived Irom customers, including fire protection agencies, supplied by service pipes
connected directly to the extension for which the cost was advanced. The refund sholl be 22%of the revenue
so received.
3. Refunds
The money so advanced sholl be refunded by the utility, in cash, without interest, in payments equal to the ad.
justed construction cast of 50 feet of the main extension for whi ch advance was mode, for each additional service
connection mode to said main extension exclusive of that of CIly customer formerly served in 0 reasonable manner
at the same location. Refunds shall be made within 180 days after the date of first service to a bono fide customer.
No refunds shall be made after a period of ten years from the dote of completion of the main extension and the
total refund shall not exceed the amoont advanced.
c. Whenever costs of special facilities have tleen advanced pursuant to Sections C.1.b. or c.1.c., the amount so
advanced shall be divided by the number of lots to be served by the special facilities. This advance per lot
sholl be refunded for each lot on which one or more bona Tide customers are served by those facilities.
d. With respect to 0 contract entered into on and alter the effective date of this rule, if, at any time during the
20-year refund period specified above, 80% of the bono fide customers for which the extension or special
facilities were designed ore being served therefrom, the utility sholl immediately notify the contract holder of
that fact, and at that time sholl become obligated to pay, in cash, any balance which may remain unrefunded at
the end of said 20'year period. Such balance sholl be refunded in five equal annual installments, payable
beginning 21 years after the date of the contract.
.t. Exceptions
Where a group of five or more individual applicants requests service from the sane 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 os herein provided and the utility shall refund this advance os pro-
vided in Section C.2. of this rule.
e. Where a contract has been entered into under 0 former main extension rut-e, and where 80% of the bona fide
customers for which the extension or special facilities were designed ore being served therefrom, the utility
may negotiote and enter into 0 new and substitute contract, identical in all respects with the original contract,
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