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HomeMy WebLinkAboutReso 38-1983 RESOLUTION NO. 38-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RELATION TO SYSTEM OF WATER SERVICE (GATEWAY ASSESSMENT DISTRICT NO. ST-82-2) - that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled 'mAgreement with Relation to System of Water Service" between the City of South San Francisco and California Water Service Company is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Signatures. The City Manager is ~authori zed to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 6th day of April , 1983, by the following vote' AYES: Councilmembers Ronald G. Acosta, Mark N. Aaai~go, FmanuP. l~ N. r),m~nt~, Gus Nicolopulos; and Roberta Cerri Teglia None NOES: ABSENT: None ATTEST: City Clerk AGREEMENT WITH RELATION TO SYSTEM OF WATER SERVICE THIS AGREEMENT, made and entered into as of the 6th day of Apri 1 · , 19__83, by and between the CITY OF SOUTH SAH FRANCISCO, a .municipal corporation, located in the County of Mateo, State of California, herein called "City", and the CALI~O.RNIk WATER SERVICE COMPANY, a regulated public utility, herein, called. "Utility".. 'W' I T N E S S E T H: · WHEREAS, the City Council of City, .pursuant to the provisions of the Municipal Improvement Act of 1913, as amended~ adopted Resolution of Intention No ]]8-82 on 0ct0be. r 6 1982, A Resolution of Intention to Make Acquisitions and Improvements for The Gateway Assessment District, District · CT-82-2, the boundaries of which are shown on a map on file in the ffice of the City Clerk; .and WHEREAS, said improvements' in'clu'de'~''' among other ~hin~s, a system of water supply as shown on Exhibit "A" hereto, which has been approved by Utility .and .by the Engineer of Work for said assessment district; and WHEREAS, under the provision·s 'of Sections 10,109 and 10,110 of' the Street~ and Highways Code of the State of California, City is authorized-to enter 'int© an agreement with Utility to provide for the construction of a system of water supply; and WHEREAS, under Section 10,111, title to the improvements so installed shall vest in Utility and constitute a 'part of its water supply system and shall at all times thereafter be used, operated and maintained by it-as a part of such system; and WHEREAS, the-water facilities consist of mains an4 appurtenances (hereinafter referred to as "Facilities") required to furnish water service to the property within the District,. as more particularly shown on Exhibit "A" hereto; and WHEREAS~ upon compliance by City with the applicable requirements of the laws of the StaGe of California and upon .the terms and. conditions herein' set forth, Utility is willing · to furnish water 'service-in the District through and by means 6f the Facilities-at the rates and in accordance' with the rules of utility now in 'force in. its South San Francisco District or that may 'from time to time be lawfully established in said South San Francisco District; NOW, THEREFORE, for and in consideration of' the premises and of the mutual covenants, agreements, terms' and --~rovisions herein contained, .it is agreed, as follows, to wit: 1.. 'Approval of Plans and. Specification. Utility agrees that 'the plans and specifications prepared and approved by Utility for the water system to be installed in and for said Assessment District shall be submitted to City for its approval. 2. Cost Estimates. City agrees, on behalf of the- assessment district, that there will be provided in .the. · . estimate of the cost of the work in and for said assessment district sufficient amounts to provide the installation of said system, and the payment of all other costs and charges provided for herein, on the basis of the estimate of costs made by Utility and approved by City. Utility's estimate of cost mar~.=d Exhibit "B" is attached hereto. ~ · 3. ConstructiOn' Contract Awarded by City. The-' %stallation of said system shall be accomplished by the · contractor to whom the construction contract is awarded by City. Utility shall provide for .inspection of the work to be done pursuant to this Agreement. Any change orders which may berequired ~during. the course of construction shall be signed the Utility Engineer and approved by the Engineer of City. 4. Construction Pursuant. to Plans and Specification. City agrees, on behalf of' the assessment district, to cause sa~d system to be constructed a~d completed in accordance with the plans~ and .specification. s therefor, as prepared by Utility and approved by City, subject only to the provisions of paragraph 6 of this Agreement. . 5. .Payment of Plans PreParation and Inspection Fees.- City agrees to pay Utility $14,213.00 representing Ptility's qost of preparing the Plans and specifications and $14,213.00 presenting U~ility's fee for inspecting the installation of ~,~e Facilities. . - 6. Tie-In to UtilitY's Water System of the Water System Constructed by the Contractor to Whom the City Awards the Construction Contract. Utility' shall perform all work to accomplish connection of the water system to be installed in and' for the assessment district to the Utility's water system. City agrees to ..pay to Utility the costs of said work. 7. City's Deposit. Upon sale of bonds to represent unpaid assessments, City shall deposit with Utility an amount. equal to Utility's estimated costs for the services and work to be performed pursuant to paragraphs 5 and 6 of this Agreement. Upon completion of said services and work, if the reasonable actual costs of said services and work are greater or less than the amount deposited by City, the difference shall forthwith be p-~-id by City 'to the Utility or refunded by Utility to the City ~ the case may be. ~ - 8- Construction Delay. Utility shall not be responsible for any delay in the. work to be. performed pursuant to paragraph 6 of this Agreement resulting from any cause beyond its control, including, but without limiting t~e generality of the foregoing, any delay resulting from inability to obtain sufficient proper materials and supplies, labor disturbances or shortages,' or weather conditions. - . ' 9. Easements_. City represents that the water system · improvements to be installed 'in and for said assessment · · district will all .be located and installed .within public ways dedicated to and .accepted by City. City will furnish to · Utility, upon Utility's request, certified copies of the public records of San Mateo County showing such public dedications and acceptances. If for any reason any additional easements are required for the installation of said improvements, City will promptly cause the same to be procured in the name of City, or · ......... in the name of Utility if such easement is located on private property, and will cause' evidence of such._ fact to be furnished to Utility or will cause such easement to be conveyed to Utility, as the case may be. 10. City's Agreements. · (a) City agrees to'use its best efforts to as.s. ist Utility to obtain any and all permits, franchises or o~her governmental authorizations which may be required for the installation of the water system improvements. (b) Ci°ty agrees that during the period commencing upon a date prior to the start of construction and terminating upon completion, it will cause contractor to cause endorsements to be issued by its insurance carriers providing for Utility to be named as additional insured as likewise required in the general provisions of the contract to be entered into between City and Contractor. 11. City's Advance Subject to Refund. City agrees chat promptly upon completion of installation of the facilities it will furnish Utility in reasonable detail a statement of the cost of installing the Facilities; said cost shall be the cost set forth in the construction contract providing for installatiOn of the Facilities plus the aggregate of the. amounts specified-in paragraphs' 5 and 6 hereof or $261,613.00, being Utility's estimate, less 'the cost of public and/or' private fire protection s~rvices, whichever is the lesser and · . which is herein referred .to as City's Advance S.ubject to · Refund. Should quantities or footage installed differ from those originally estimated, City's Advance Subject to Refund . will be adjusted to reflect such differences. . . · 12. .Refunds. Provided that City is not in default · hereunder, Utility agrees to make annual refunds hereunder to ~-ity in cash, without interest, for a Period not t° exceed ~rty (40) years from the date hereof, commencing not later . than six (6) months after the first ann'iver~ary date hereof. Each such annual refund shall equal two and one-half percent (2-1/2%) of City's' Advance. Subject to Refund. If any portion of City's Advance Subject to Refund shall not have been refunded upon termination of said forty-year period, Utility shall refund said portion to City with the last refund payment hereunder. The 'total amount refunded hereunder shall not exceed City's Advance Subject to Refund, without interest. City shall receive all refunds made by Utility under the provisions of this paragraph as trustee for, and shall distribute the same to, the owners of the properties in the District assessed therefor in proportion to the amounts assessed against the variou·s parcels of land therein. No main extension refund agreement shall be entered into with Owner or ~ ~ty landowner or developer of any property in the District with :spect to the Facilities or any part thereof. · 13. Utilit¥'s Right to Offset. In the event City shall become entitled to a refund under the provisions of this Agreement, Utility shall have the right at such time to offset against the amount then due City hereunder the total amount of any indebtedness then due or owing to Utility un4er the provisions of this A~reement. Without in any way limiting the- generality of the preceding sentence, Utility shall have the ~ight to~ offset against any.refunds becoming due City hereunder all costs hereafter incurred by' Utility in relocating, raising · or lowering the Facilities, or any part or parts_ thereof, by reason of any ·change in ~gr?de of any' street or streets in the District. 14. Notices. Any notice which it is herein provide4 may or shall be'.given by.any party hereto to the others shall be deemed to have been duly given when deposited in the United States mail, registered or certified, postage prepaid and --addressed ~o ~he persons to whom such notice is given at the following respective addresses: To City: City H'all 400 Grand Avenue P. O. Box 711 South San Francisco, CA 94080 Attention: Robert S. M. Yee Director of Public Services To UtilitY: 1720 North First Street Post Office Box 1150 San Jose, CA 95108 Any party, by notice given as hereinbefore provided~ may change the address to which notices shall thereafter be addressed to it. 15. Assiqnmen~. City may assign this Agreement only After (a) determination of the amount of City's Advance Subjeot to Refund', (b) settlement of any amounts owing to Utility or City under paragraph 8 hereof by reason of a difference betweer~. Estimated Cost and actual cost, and (c) written notice to Utility. Any such 'assignment shall apply only to those refunds hereunder which become due more than thirty (30) days after the . Rate of receipt by Utility of such notice of assignment. Utility will not make any. single refund payment hereunder %o more than one per son. ,. 16. , Successors and ,Assiqns. Subject to the provisions-0f the preceding paragraph !6, ~his Agreement shall inure to the benefit of and shall bind- the respecti, ve successors a'nd assigns of the parties hereto. · ~ 17. Jurisdiction of Public Utilities Commission.. _This Agreement is entered into pursuant to the requirements and ~ accordance' with the various applicable, provisions of ucility's Main Extension· Rule, hereinafter r'eferred to as. the "Rule", in effect and on file with the California Public Utilities Commission ("Commission"); a copy of the Rule-is attached hereto' as Exhibi~t "C". This Agreement does not, therefore, require specific authorization of the Commission %o carry out its. terms and conditions. However, this Agreement · sh~ll at all-times.be subject to Such changes or modifications by the California Public .Utilities Commission as' said Commission may from time to time direct in the exercise of its jurisdiction. _- ' 18. Bonds. (a) Utility shall post with City labor, materials and performance bonds in accordance with provisions of Chapter 6 (commencing with Section 10,500) of Division 12 of said Streets and Highways Code for all work' to be performed by' · Utility hereunder. .. · (b) It is understood that the general provisions of Utility's Plans and Specifications will be incorporated in · the contract between City and Contractor and that City will require .contractor-to provide a surety bond which will 'run · . jointly to City and Utili.~y, .and which will guarantee unto Utility reimbursement of the cost to it of all replacements and repairs to the Facilities made necessary within One year from completion by reason of defective materials or workmanship. 19.. Effectiveness of Agreement. This Agreement shall not become effective until proceedings have been taken by City ,ursuant to D'iviSion 12 of said Streets and Highways Code and ~he funds are available to carry out all-the terms hereof. City shall promptly notify U~ility in writing at such time as such funds are so available. · 20...Application of Refunds. Utility shall have no liability to see to the~ appication of any refunds· or other .sums paid by Utility to City hereunder. 21. Paragraph Headings. Paragraph headings in this Agreement are for convenience only and' are not to be construed as part of this Agreement or in any way limiting or amplifyin9 the provisions hereof. · IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and Fear first above written. CITY OF SOUTH SAN FRANCISCO a municipal corporation Attest:Its /~~~ e ~~ CALIFORNIA WATER SERVICE coMPANY Presiden~ , Ass etar¥ i. ENGINEERING DEPARl%IENT _Preliminary Cost Estimate_ January 28, 1983 South San Francisco File No. 261 SSF Drawing .SSF 2695 R-3, 2696 R-3 Labor' and materials to install and connect to existing distr~'butEon system the following facilities, within the Gateway Assessment District: 4,745 ~eet, 12-inch A.C. pipeline 325 feet, 8-inch A.C. pipeline 14 6-i nth public fire hydrants I l-inch metered service $196.997 15,854 3O3 Total estimated cost $261,613 The cost to tie into the existing facilities is estimated to be $2,500.00 which amount is included in the above total. RULE NO. 15 MAI N EXTENSIONS A. General Provls[ons and 1. Applicability a. All extensions of distrlbut~on mains, from the utility~s baste producbEon system or existing distribution .system, to serve ne. custo.ers, except for those specifi- cally excluded bolo., shall be made under the provisions of this rule cnless a.uthor~ty-is first obtained From the Commission to deviate therefrom. A .a~n extension con- tract seal! be executed by the utility and the appllcant or ap~llcants for tE~ ~a[n exten- sion before the ut~lSty commences construction .ork on sold extensions or. ~f c°nstructe~ · . by applicant or applicants, before the facilities comprls~ng the main'extension are trans- ferred 'to.the b. Extensions primarily for f~re hydrant,' private f~re protection, resale, tesporary, stan~by. or supplemental service shall not be made under th~s rule. ,. c. The utility may, but ~i11 not be required to, make extensions under this ruIe or rights-of-way ,here final grades have not been establisheS, or Mbere street 9~ades have' not been brought to those established by public authority. ]f extensions are made ,hen grades have not been established and there is a reasonable probaM]ity that the ex~sting grade ,ill 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 esb~- noted ne~ cost of relocating, raising or loNer;nD Facil[ties upon establishment grades. Adjustment of any' d~fFerence bet,een the amount so deposited znd the =cku~ cos~ of relocating, raising .or louering facilities shall ~e made ,;thln ten ~ays after the' utility has ascertained such actual cost. The net deposit representing ac~ua! ces~ ~s not subject to refund. The entire deposit related to the propose~ reIocat;on, ra~s;ng or *' lowering shall be refunded ~hen such d~splace=ents are determined by proper aubhorLty to be not required. 2. L~mitation of Expansion a. ~henever the outstanding advance contract balances reach 40 percent of to,at cap~t~l Fined, For the. purpose of this rule, as proprietary capital, or c=pltal stock an~ surpZus. plus debt and advances For construction) the utility sha]l so ~o~ify the Co==~ss~an ~h~n thirty days. b. ~henever the outstanding advance contract balances pIus the advance on a proposed ne~ exben- s~on ,ould exceed 50 percent of total cap~tal, as defined ~n Section A.2.a. plus the advance on the proposed ne~ extension, the utility shall not =ate the proposed d~str~bution mains ~ithout authorization of the Com~ssJon. Such authorization =ay be granted by a letter From the Executive D~rector of the Co~miss[ono c. ~henever the outstanding advance contract batances reach the above level, the.utility sha~! so notify the Commission ~th~n thirty days. 3. Oef~n~tions a. A %ona-F~de customer,~ ~or the purposes of tMs ruIe, sba11 be a customer (excluding any customer formerly served at the same location) uho has g~ven satisfactory evidence that service ~11 be reasonably permanent to the property ~hich has been improved ~ith a building - oF a permanent nature, and to ~hich service has co==enced. 1he provision oF service to a real estate developer or builder, during the construction or deve]opaen~ per~od, sha[! eot establish h~m as a bona-Fide customer. b. A "rea! estate developer~ or 'builder,~ ~or the purposes oF this rule, sha~! ~nc~ude any ~ndlvidual, association oF individuals, partnership, or corporation that d~v~des a parco1 o~ ]and into two or more port~ons, or that engages in the construction and resate of ~ndL- vidua] structures on a continuing basis. .F_,.X".I-IX..BII ".G"' c. lhe "adjusted construction cost,t' for the purposes of this rule, shal! be reasonable and ~hall not exceed the costs recorded inconformity ,ith generally accepted water utility ac- . counting practices, and as specifically defined in the Un[fora System of Ac. counts For Water · Utilities prescribed by the Commission for installing facilities of adequate capacity for the service requested. If the utility, at its opt[on, 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 purpose of this rule, shall be deter- mined by the application of an adjustment'factor to actual construction cost of facilities installed, lhis factor shall be the ratio of estimated cost of required facilities to esti-' anted cost of actual facilties installed. ~. Ownership, Design, and Construction of Facilities a. Any facilities installed h~reunder shall be the sole property of the utility. In tho~e instances in which title to certain portions of the installation, such as fire hydrants, will be held by a poi[ti*cai subdivision, such facilities shall not be included as a part of the bain extension under this rule, and will neither be owned by the utility nor subject to refund under the provisions'of Section C.2. of this rule. b. The size, type', quality of materials, and their location shall be specified by the utility;. and the actual'construction shall be done by the utility or by a constructing agency accept- able 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 ef the traveled ~ay or pavement; or on a free~ay, water~ay, or railroad rlght-oF-wa¥, the utility 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. ~hen an extension must comply with an ordinance, regulation, or specification of a pubIic authority, the estimated and adjusted construction' costs of said extension shall be based upon the facilities required to comply there~[th. e. If the following provisiOns for ,ater conservation are included in local building codes and/or ordinances, the oain extension contrac't shall contain these provisions. (1). All interior plumbing in ne~ buildings shall meet the following requirements: (al Toilets shall not use more than 3~ gallons per flush, except that toilets and ' urinals .ith flush valves may be installed. (b) Shower heads shall contain rio, controls uh[ch restrict flo~ to a maximum of approximately 3 gallons per minute. (c) Kitchen and lavatory faucets, shall have flo~ Controls ,hich restrict fIo~ to maximum'of approximately 2 gallons per minute. (2) All ne~' parks, median strips, landscaped public areas an~ Iandscaped areas surrounding condominiums, to~nhouses, apartments and industrial parks shall have a well-balance6 automatic irrigation system designed by a landscape architect or other competent person~ and shall be operated by electric time controller stations set for early morning irrigation. 5. Estimates, Plans, and Spec[fications a. Upon request by a potential applicant for a main extension, the utility shall prepare, out charge, a preliminary sketch and rough estimates 'of the cost of installation to be advanced by said applicant. b. ~ny applicant for a main extension requesting the utility to prepare detailed plans, spec[- fications, and cost estimates shall be required to deposit with the utility an amount equal to the estimated cost of preparation of such material. 1he Utility shall, upon request, ease ava~labie ,ithin ~5 days after receipt of the deposit referred to above, such plans. specifications, and cost estimates of the proposed main extension. If the extension is to include oversizing of facilities to be done at the utllity's expense, appropriate details shall be set forth in the plans, specifications, and cost estleates. c. In the event a .ain extension contract .ith the utility ~s executed vith~n 180 days after the utility Furnishes the detailed plans and spec!Fica!lens, the deposit she!! become a part of the advance, and*she1! be refunded in accordance w~th the terns of the la~n extension contract. ]F such contract is not so executed, the deposit to cover the cost of preparing plans, specifications, and cost estimates shall be Forfeited by the app]ica~t ~o~ the ,a~n extension and the a=ount of the Forfeited deposit shall be credited to the account or counts to ,hlch the expense of preparing said mater~a! ~as charged. d. ~hen detailed plans, specifications, and cost es!lan!es are requeste~, the a~p]~cant ~or main extension shall Furnish a =ap to a suitable scale sho~ing the street an~ }et layouts and, ~hen requested by the utility, contours or other ~nd~cat~on o~ the relative elevatlon of the various parts of the area to be developed. XF changes are made subsequent to the 'presentation of 'this map by the applicant, and these changes require additJona! expense revising piers, specifications, and cost estimates, this additional expense she1! be borne by the applicant, not subject to refund, and the add~t~ona! expense thus recovered shal! be credLted to the account or accounts to which the additional expense uae charged. 6. T~=~ng and Ad,us!cent of Advances a. Unless the applicant For the main extension elects to arrange For the JnstaI/ation of the extension hi=self, as permitted by Section C.l.c., the fu~l amount of the required advance or an acceptable surety bond =us! be provided, to the utility at the t~=e of execution of the main extension agreement. b. If the applicant For a main extension posts a surety bond i~ lieu of cash, such surety bond =us! be replaced with cash not less than ten calendar days before construct~ Js to co=- =ence; provided, ho~ev~r, that jF speclal facilities are required pri=ar~ly for the service- requested, the applicant For the extension may be required to deposit sufric~ent cash to cover the cost of such special Facilities before they are ordered by the c. An applicant Fop a ma~n extension who advances Funds sha!! be provided uith ac!ua! construction cost and ad~usted construction cost sho~ng ~n reasonable deter! the costs ~ncurred For =ate~ial, labor, any other d~rect and indirect costs, ove~eads, total costs; or unit costs; or contract costs, ~hichever are appropr~'ate. d. Sa~d statement shall be*submitted ~ith~n s~xty days after the ac!ua! cobs!ruction costs of the insta!latlon have been ascertained by the utility. In the event that t~e actu~! con- struct~on costs For the entire installations sha!l not have been determ~ne~ ~ith~n 120 days after co=pie!ion of construction work, a preli=inary deter=~nat~on of ac!ua! and ad~usted construction costs shal! be sub=~tted, based upon the best ava~!abte ~nforaat~on at that e. Any d~FFerences between the ad~usted construction costs and the amount advanced shaI1 be sho~n as a revision of the a=ount of advance and sha!l be payable ~thin thirty days of date of submission of statement. 7. ~ss~gn~ent'o~ ~a~n £xtension Contracts ~r,y contract entered into under Sections B and C of this ru]e, op under si=~lar provisions of for~er rules, may be assigned, after settle=er! of ad~usted construction costs, afte~ urJtten n~t~ce to the ut~]~ty by the holde~ of sa~d con,tact as sho~n by the utilityt$ records. Scch ass~n=ent sha~I ~ppIy only to those refunds ~h~ch beco=e due =ore than thirty days after the d~te of receipt by the utility of the not,ce of'assignment. The utility shat! not be re~u~red to ~e any one refund payment under such contract to =ore than a single assignee. 8. ipterpretatJons and Deviations · I~ case of d~sa~ee=ent or d~spute regarding the application of any provisions of th~s rule, ~r, c~rcu=stances ~here the application of th~s rule appears un~easonab!e to either party, the utiI~ty, applicant oc applicants may refer the ~atter to the Co==Jss~on loc B. £xcensions to Serve individuals 1. Paynent ExtenSions of water earns to serve new indlv[dual customers shal! be paid for and'contributed .to the utility by the indivldual customer requesting the earn extension. Ca!cu]ation of shall be. on the basis of a main not in excess of 6" in d~aaeter, except where a larger aaie required by the special needs of the new customer. The utility shall be responsible For stalling and paying for service p~pes, meter boxes and meters to serve the ae~ ~nd[vidual cus- tomer.. 2. Refunds If subsequent applicants for water service are connected directly ~n the ~a~n extension uted by the original indivldual customer, such subsequent appllcants shall pay to t~e at~lit¥ an amount equal to the cost of 50 feet of the original extension. Such amounts sha~[ be d~ately refunded by the utility to the initial customer who originally pa~d for and contributed the earn extension to the utility. Total payments to the [n~tial customer bY subsequent appl~- cants For water service who are connected directly to the extension shall eot exceed the orig~- nm! cost of the extension. No refunds shall be made after a per[od of ten ~ears From of the main extension. C. Extensions to Serve Subdlvis~ons, Tracts, Housing Projects; Industrial Developments; Commercial Buildings, or Shopping Centers 1. Advances a. Unless ~he procedure outlined in Section C.l.c., ~s Fo]lowed, an app][can[ For a main exten- sion to serve a ne~ subdivision, tract, housing project, ~ndustr~al developaent, or organ- ~zed commercial d~strlct shall be required to advance to the utl]~t¥, before construction · ~s commenced, the estimated reasonable cost of the extension to be actua!]¥ installed, from the nearest utility facility at least equal in s~ze oe capacity to the ma~n required serve both the new customers and a reasonable estimate of the potential customers who eight be served d~rectly from the main' extension. The costs o~ the extension sea]] ~nc]ude neces- sary service stubs or service p~pes, Fittings, gates and housing therefor, and aeter boxes, but shall not include ~eters. To this shall be added the cost of f~re hydrants ~hen re- quested by the applicant.For the ea~n extension or required by public authority, ~henever such hydrants are to become the property of-the utility; b. Zf speclal faci'l~ties consisting of items not covered by Section C.a.a. are requ~re~ Eot the service requested and, ,hen such facilities to be.~nstal!ed ~11 supply bott the main exten- sion and other parts of the utilityts system, at least 50 percen~ of the design capacity [in · 9allons, 9pm,.or other appropriate units) is required to supply the earn extension, the cost of such special Facilities ~ay be included ~n the ~dvance, sub~ect to refund, as hereinafter provided, along with refunds of the advance of the cost of the extension facilities de- scribed, in Section C.l.a. above. c. In lieu of providing the advances in accordance with Sections C.l.a. and C.l.b., the cant'for a ma~n extension shall be permitted, if qualified in the judgment of the utility, to construct and install the Facilities himself, or arrange For their ~nstallat[on pursu~n~ to competitive bidding procedures inlt~ated by him and ]i=ited to the quat~F[ed bidders° 1he cost, including the cost of inspection and supervision by the utility, shat! be paid directly by applicant. The applicant shall provide the utility u~th a statement of acLua! construction cost in reasonable detail. The amount to be treated zs an advance sub~ect to refund shall be the lesser of (1) the actual cost or (2) the price quoted in the detailed cost estimate. The installation shall be ~n accordance ~ith the plans and specifi- cations submitted by the utility pursuant ~o Section' A.5.b. d. if, in the opinion of the utility it appears that a proposed =aln extension ail! not, a reasonable' period, develop sufficient revenue to ease the extension se!f-supporting, or if for some other reason it appears to the utility that a main extension contract uould place an excessive burden on customers, the utility may require nonrefundab]e contributions of plant facilities Fro~ developers in lieu of a main extension contract. If an applicant For a ,ain extension contract who is asked to contribute the fac~lit[es believes such a request to be unreasonable, such applicant nay refer the matter to the elssion For deterainationo as provided for tn Section A.8. of thls rule. 2. Refunds a. Th~ amount advanced under Section C'l.a., C.l.b., and C.l.c. shall be subject to reFenc~ by the utility, tn cash, ,ithout interest, to the party or parties entitled thereto as set Forth in the Follo, ing two .paragraphs. The total amount so refunded sba!! not exceed the total of the amount advanced and For a period not to exceed 40 years after the date of the contract. b. Payment of refunds shall be made not later than June 30 of each year, beginning the year follo.~[ng execution of contract, or not later than § months after the contract ann[versarlr date if on an anniversary, date .basis. c. Whenever costs of main extensions and/or special facilities have been advanced, pursuant to Section C.l.a., C.l.b., or C.l.c., the utility shall annually refund to the contract holders 'an .amount equal to 2½ percent of the advances until the prlnc~pal amounts o~ contracts have been Fully repaid. ghenever, costs of special Facilities have been advanced pursuant to Section C.I.b. C.l.c., the amount so advanced shall be d~vided by the number of lots {or l~ving units, shichever is greater) uhich the special Facilities are designed to serve, -to obtain an average advance per lot (or living unit) For special Facilities. ghen another builder applies For a main ertenslon to serve any lots For which the Special facilities are to be used, the ne, applicant shall, in addition to the costs of his proposed aaln extension, also advance an amount For special Facilities. This amount shall be the average advance ' per lot for special Facilities For each lot to be used less 2½ percent of the average advance For each year in ~hich refunds have been due and payable on the origina! contract, prorated to June 30 on a monthly basis. .... The amount advanced to the utility by the ne~ applicant shall be immediately reFunde~ to the holder of the original contract, ~hich included the cost of the special facilities, and the original contract advance ~ill be reduced accordingly, lhe utility ~! thence- forth refund 2½ percent annually on each of the contract amounts, as determined above, to the holders of the contracts. Advance~ and refunds based on additional builder partlclpat~on ~il! be determined lar' manner. In no case shall the refund on any contract exceed the amount advanced. d. ~ith respect to a contract entered into before the effective date of th~s tariff sheet at any. time during the 20-year refund period, 80 percent of the bona Fide customers for ~hich the extension or special Facilities ~ere designed are being served therefrom, the utility may, ~ith the approval of the contract holder, modify the contract so that the utility shall become obligated to pay, in cash, any balance ,hich may remain unrefund=d at the end of sa~d 20-year period. Such balance shall be refunded in Five equal annum! installeents, payable beginning 21 years after the date of the contract. 3. Termination of ~ain £xtens~on Contracts a. Any contract ~hose refunds are based on a percentage of the amount advanced may be purchased by the utility and terminated provided that the terms are mutually agreed to by the part[es or their assignees anJ Section C.3.c. and Section C.3.d. are complied .~th. ~he maximum price that may b~ paid by the utility to terminate a Contract shall be calculated by multi- plying the rema[ning unreFunded contract balance times the appropriate termination factor set out below. No contract that has been in eFFect For less than 10 years shaI! be termi- nated without prlor Commission approval. .... --- 1£RMIKATIOH FACTORS Years Re~ a i'n i ~ ~ 2 3 5 6 7 8 g 10 Years Years 1ears ·_Factor Remaining Factor Remaining Factor Remaining Factor .8929 ] l .5398 21 .3§01 31 .2608 · 8t~50 12 .5162 22 .3~75 32 .2535 .8006 13 .4941 23 .3356 33 o2z, 65 .7593 14 .~,73~ 2~ .3243 3r~ .2399 .7210 15 .45~1 25 .3137 35 .2336 .6852 16 .4359 26 .3037 36 .2276 . .6520 17 .4188 27 .2942 37 .2218 .6210 18 .4028 28 .285! 38 . .2135 .5920 19 .3877 ' 29 .2766 39 .2111 .5650 20 .3729 30 .2685 4.0 - .2061 b. Any contract .ith refunds based upon percentage of revenues and entered into under Section C. of the Former rule, 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 folio,lng tabl.~, the terms are otherwise mutually' agreed .to by the parties or their signers and Section' C,3,c, and Section C.3.d. hereof are complied with. The estimated reve- nue refund is the amount that ,ould otherwise be refunded, at the current level of refunds, over the' remainder of the twenty-year contract period, or shorter period that vould be re- quired to extinguish the total refund obligation. It sba1! be determined by multiplying 22 percent of the average annual revenue per service for the immedlately preceding calendar year by the number of bona fide customers at the proposed termination date, t~aes the number of years or fractions thereof to the end of the t,enty-year contrack-perlod or shorter that ~ould be required to refund the remaining contract balance. TERHINATIOH FACTORS Years Years Remaining Factor Remaining Factor I .8929 11 .5398 2 .8450 12 .5162 3 ,8006 13 ~ .7593. 14 .~73~ 5 .7210 15 .45~1 6 .6852. 16 .~359 7 .6520 17 .4188 8 .62~0 18 o&028 9 .5920 ~9 .3877 10 · .5650 c. The utility shall furnish promptly to the Commission the Following information in ~ritlng and shall ob:ain 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 ,ith data ~dequately describing the development for ~hich the advance ~as made and the total adjusted construction cost of the extension. (2) The balance unpaid on the contract and the calculation of the maxieuD termination price, as above defined, as of the date of termination and the terns under uhich the obligation ,as terminated. (3)The na~e of the holder of the contract ~hen terminated. 4. Discounts obtained by the utility fro~ contracts terminated under the provisions of this section shall be accounted for by credits to Ac. 265, Contributions in Aid of Construction. D. £xtens~ons Designed to )Include Fire Protectr~on ]. ~he cost of distribution ~a~ns designed to~eet the fire flow requirenents set Forth ~n Section VIII.](a) of Genera! Order Ho. 103 is to be advanced by. the applicant- lh'e ut~.lit¥ shal! re- fund this advance as provided Sn Sections B.2. and C.2. of this rule. 2. Should d~strlbution earns be designed to meet fire flow requtreae~ts Jn eXcess ef those set forth in Section V]~]~.~(a) of General Order !io. ~03, the increase ~n cost. of the d~strtbut~on aains necessary t° meet such h. igher fire f]ov requirements sha~L1 be pa~cl to the ut[~.t¥ as a- contribution tn aid of construction. 3. The cost of facilities other than hydrants and d~strlbution earns requ~recl to pro~e supp])f, pressure, or storage pr~eartly for fire protection purposes, or portions ef suc~, facilities. ~l~ocated in proportion to the capacity designed 'for fire ~rotect. ton purposes, shat! be panel to the utility as a contribution tn a~d of construction. REVISION ENGINEERING DEPARTMENT Preliminary Cost Estimate January 28, 1983 South San Francisco File No. 261SSF Drawing SSF 2695 R-3, 2696 R-3 Labor and materials to install and connect to existing distribution system the following facilities within the Gateway Assessment District: 4,745 feet, 12-inch A.C. pipeline 325 feet, 8-1nch A.C. pipeline 14 6-i nch public fire hydrants 1 1-inch metered service $196,997 15,854 48,459 303 Total estimated cost $261,613 The cost to tie into the existing facilities is estimated to be $2,500.00 which amount is included in the above total. E.YIII1HT "'2" RULE NO. 15 MAIN EXTENSIONS A. 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 specifi- cally excluded below, shall be made under the provisions of this rule unless specEFic authority ~s First obtained From the Commission to deviate therefrom. A main extension con- tract shall be executed by the utility and the applicant or applicants for the main exten- sion before the utility commences construction work on sa~d extensions or, if constructed by applicant or applicants, before the facilities comprising the main extension are trans- ferred to the utility. b. Extensions primarily for Fire hydrant, pr.~vate 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 th~s 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 ex~sting 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 esti- mated 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 refunded when such displacements are determined by proper authority to be not required. 2. Limitation of Expansion a. Whenever the outstanding advance contract balances reach ~0 percent of total cap~tal (de- Fined, 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 exten- sion 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. Such authorization may be granted by a letter from the Executive Director of the Commission. c. Whenever the outstanding advance contract balances reach the above level, the utility shall so not~Fy 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 w~ll be reasonably permanent to the property which has been improved w~th a building of a permanent-nature, and to which service has commenced, lhe provision of service to a real estate developer or builder, during the.construction or development per~od, 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, or that engages in the construction and resale of indi- vidual structures on a continuing basis. c. The "adjusted construction cost," for the purposes of this rule, shall be reasonable and shall not exceed the costs recorded inconFormity with generally accepted water utility ac- ~counting practices, and as specifically defined in the Uniform System of Accounts For Water ? Utilities prescribed by the Commission For 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 purpose of this rule, sba11 be deter- mined by the application of an adjustment Factor to actual construct[on cost of Facilities installed. This Factor shall be the ratio of estimated cost of required Facilities to esti- mated cost of actual Facilties installed. ~. 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 thls rule, and will neither be owned by the utility nor subject to refund under the provisions of Section C.2. of this rule. b. The size, type, quality of materials, and their location shall be specified by the utility; and the actual construction shall be done by the utility or by a constructing agency accept- able 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 on 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 sba1! be based upon. the Facilities required to comply therewith. e. IF the Following provisions For water conservation are included in local building codes and/or ordinances, the main extension contract shall contain these provisions. (1) All interior plumbing in new buildings shall meet the Following requirements: (a) Toilets shall not use more than 3½ gallons per Flush, except that toilets and urinals with Flush valves may be installed. (b) Shower heads shall contain flow controls which restrict Flow to a maximum of approximately 3 gallons per minute. (c)' Kitchen and lavatory Faucets shall have flow controls which restrict Flow to a maximum of approximately 2 galions per minute. (2) All new parks, medlan strips, landscaped public areas and landscaped areas surrounding condominiums, townhouses, apartments and industrial parks shall have a well-balanced automatlc irrigation system designed by a landscape architect or other competent person, and shall be operated by electric time controller stations set for early morning irrigation. 5. Est'~mates, Plans, and Specifications a. Upon request by a potential applicant For a main extension, the utility shall prepare, w~th- out'charge, a preliminary sketch and rough estimates of the cost of ~nstallation to be advanced by said applicant. b. Any applicant For a ma~n extension requesting the utility to prepare detailed plans, speci- Fications, and cost estimates shall be required to deposit with the utility an amount equal to the estimated cost of preparation of such material. ~he utility shall, upon request, make available within ~5 days after receipt of the deposit referred to above, such plans, specifications, and cost estimates of the proposed main extension. IF the extension ~s to include oversJzing of Facilities to be done at the utility's expense, appropriate details shall be set Forth in-the plans, specifications, and cost estimates. e 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 ac- counts to which the expense of preparing said material was charged. d. When detailed plans, specifications, and cost estimates are requested, the applicant for a ma[n extension shall furnish a map to a suitable scale showing the street and lot layouts and, when requested by the utility, contours or other 1nd[cation 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 revising plans, spec[fications, and cost estimates, thls addit½onal expense shall be borne by the applicant, not subject to refund, and the additional expense thus recovered shall be credlted 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 requlred advance or an acceptable surety bond must be provided to the utility at the time of executio.n of the main extension agreement. b. If the applicant for a 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 construct[on is to com- mence; provided, however, that if special facilities are required primarily for the servlce 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. c. An applicant for a main extension who advances funds shall be prov[ded with a statement of actual construction cost and adjusted construction cost show[ng 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 the installation have been ascertalned by the utility. In the event that the actual con- struction costs for the entire installations shall not have been determined within 120 days after completion of construction work, a preliminary determlnation 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 shali be payable within thirty days of date of submission of statement. 7. Assignment of Main Extenslon 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 become due more than thirty days after the date of receipt by the utility of the notice of assignment. The utility shall not be required to make any one refund payment under such contract to more than a single assignee. 8. Interpretations and Deviations In case of disagreement or dispute regarding the application of any provisions 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. . B. Extensions to Serve Individuals 1. Payment Extensions of water aa[ns to serve new individual customers shall be paid for and contributed ~ ~o the utility by the individual customer requesting the main extension. Calculation of payment shall be on the basis of a main not in excess of 6" in diameter, except where a larger aain is required by the special needs of the new customer., The utility shall be responsible for stalling and paying for service pipes, meter boxes and meters to serve the new individual cus- tomer. 2. Refunds IF subsequent applicants For water service are connected dlrectly in the Jain extension contrib- uted by the original individual customer, such subsequent applicants shall pay to the utiIity an amount equal to the cost of 50 feet of the or[ginal extension. Such amounts shall be imme- diately refunded by the ut[lity to the initial customer who originally paid For and contributed the main extension to the utility. Total payments to the initial customer by subsequent appli- cants For water servlce who are connected directly to the extension shal! not exceed the origi- nal cost of the extension. No refunds shall be made after a period of ten years From completion of the main extension. C. Extensions to Serve Subd[vis[ons, Tracts, Housing Projects; Industr[al Developments, Commerc[al Buildings, or Shopping Centers 1. Advances a. Unless the procedure outlined in Section C.l.c., is Followed, an applicant For a aain'exten- s[on to serve a new subdivision, tract, housing project, industrial development, or organ- [zed commercial district shall be required to advance to the ut[lity, before construction is commenced, the estimated reasonable cost of the extension to be actually installed, From the nearest ut[l[ty fac[l[ty 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. The costs of the extension shall include neces- sary service stubs or service p[pes, Fittings, gates and housing therefor, and meter boxes, but shall not include meters. To this shall be added the cost of Fire hydrants when re- quested 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 serv[ce requested and, when such Facil[ties to be installed will supply both the main exten- sion and other parts of the utility~s system, at leas~ 50 percent of the design capacity (in gallons, gpm, or other appropriate unitg) is required t~ 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 de- scribed in Section C.l.a. above. c. In lieu of provid[ng the advances in accordance with Sections C.l.a. and C.l.b., the appl[- cant For a main extension shall be perm[tied, if qualified in the judgment of the utility, to construct and [nstall the Fac[lit[es himself, or arrange For the[r. [nstallation pursuant to competitive bidding procedures [n[tiated by him and limited to the qua11F[ed bidders. The cost, [ncluding the cost of [nspect[on and supervision by the utility, sba11 be paid d[rectly by applicant. The applicant shall provide the utility with a statement of actual construct[on 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 pr[ce quoted in the utllityts detailed cost estimate. The installat[on shall be in accordance with the plans and spec[fi- cat[ons submitted by the ut[l[ty pursuant to Sect[on A.5.b. d. IF, in the op[nion of the util[ty [t appears that a proposed main extension w[ll not, within a reasonable per[od, develop sufficient revenue to make the extens[on self-supporting, or if For some other reason it appears to the ut[l[ty that a main extens[on contract would place an excessive burden on customers, the utility may require nonreFundable contributions of plant Fac[l[ties From developers [n lieu of a aa~n extension contract. If an applicant for a main extension contract who is asked to contribute the facilities believes such a request to be unreasonable, such applicant may refer the matter to the Com- mission for determination, as provided for in Section A.8. of this rule. 2. Refunds a. The amount advanced under Section C.l.a., C.l.b., and C.l.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 and for a period not to exceed 40 years after the date of the contract. b. Payment of refunds shall be made not later than June 30 of each year, beginning the year Following execution of contract, or not later than 6 months after the contract anniversary date if on an anniversary date basis. c. Whenever costs of main extensions and/or special facilities have been advanced pursuant to Section C.l.a., C.l.b., or C.l.c., the utility shall annually refund to the contract holders an amount equal to 2½ percent of the advances until the principal a=ounts of the contracts have been fully repaid. Whenever costs of special facilities have been advanced pursuant to Section C.l.b. or C.l.c., the amount so advanced shall, be divided by the number of lots (or living units, whichever is greater) which the special facilities are designed to serve, to obtain an average advance per lot (or living unit) for special facilities. ~hen another builder applies for a main .extension to. serve any lots For ~hich the special Facilities are to be used, the new applicant shall, in addition to the costs of his proposed main extension, also advance an amount for special Facilities. Ibis amount shall be the average advance per lot for special Facilities for each lot to be used less 2½ percent of the average advance for each year tn which refunds have been due and payable on the original contract, prorated to .June 30 on a =onthly basis. The amount advanced to the utility by the new applicant shall be 1=mediately refunded to the holder of the original contract, which included the cost of the special Facilities, and the original contract advance· will be reduced accordingly, lhe utility wi1! thence- Forth refund 2½ percent annually on each of the contract aaounts, as determined above, to the holders of the contracts. 'Advances and refunds based on additional builder participation ~ill be determ[nedin a 1ar manner. In no case shall the refund on any contract exceed the amount advanced. d. ~ith respect to a contract entered into before the effective date of ~his tariff sheet at any time during the 20-year refund period, 80 percent of the bona fide customers for which the extension or special facilities were designed are being served therefrom, the u~iiity may, with the approva! of the contract holder, modify the contract so that the utility shall become obligated to pay, in cash, any balance ~hich 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. 3. Termination of Main Extension Contracts a. Any contract whose refunds are based on a percentage of the amoun~ advanced may be purchased by .the utillty and terminated provided that the-terms are mutually agreed to by the parties or their assignees and Section C.3.c. and Section C.3.d. are complied with. The maximum price that may be paid by ~he utility to terminate a Contract'shall be calculated by multi- plying the remaining unreFunded contract balance times the appropriate termination Factor set out below. No contract that has been in effect For Iess than IO years shall be termi- nated without prior Commission approval.. e TERMINATION FACTORS _Years Years. Years Years Rema[nin~ '. Factor Remaining Factor Remaining Factor Remaining Factor 1 , .8929 11 .5398 ~ 21 .3601 31 .2608 2 .8~50 12 .5162 22 .3~75 32 .2535 3 .8006 13 .~9~1 23 .3356 33 .2~65 4 .7593 1~ .~734 24 .3243 34 .2399 5 .7210 15 .45~1 25 .3137 35 .233§ 6 .6852 16 .4359 26 .3037 36 .2276 7 ..§520 17 .4188 27 .2942 · 37 .2218 8 .6210 18 .4028 28 .2851 38 .2136 9 .5920 19 .3877 29 .27§§ 39 o2111 10 .5650 20 .3729 30 .2685 40 .20§1 b. Any contract with refunds based upon percentage of revenues and entered into under Section C. of the Former rule, may be purchased by the utility and termEnated, 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 as- signees and Section' C,3,c, and Section C.3.d. hereof are complled with. The estimated reve- nue 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 re- quired 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 that would be required to refund the remaining contract balance. TERMINATION FACTORS Years Years Remaining Factor Remaining Factor I .8929 11 .5398 2 .8450 12 .5162 3 .8006 13 .49~1 4 .7593 14 .4734 5 .7210 15 .4541 § .§852 1§ ~.4359 7 .6520 17 .4188 8 ..§210 18 .~028 9 .5920 19 .3877 10 .5650 c. The utility shall Furnish promptly to the Commission the Following information in writing and shall obtain prior authorization by a formal application under Sections 81§-B30 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. d. 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. D. Extensions Designed to Include Fire Protect[on 1. The cost of distribution aa[ns designed toaeet the Fire Flow requ[reaents set Forth tn Sect[on VIII.l(a) of General Order No. 103 is to be advanced by the applicant. The utility shall re- Fund this advance as provided tn Sections B.2. and C.2. of this rule. 2. Shoul. d distribution aa[ns be designed to aeet Fire Flow requ[reaents in excess of those set Forth tn Section VlII.l(a) of General Order No. 103, the increase tn cost of the distribution aa[ns necessary to aeet such higher Fire flo. requirements shall be pard to the utility as a contribution tn aid of construct[on. 3. The cost of facilities other than hydrants and distribution aa[ns required to provide supply, pressure, or storage primarily for Fire protect[on purposes, or portions of such facilities allocated in proportion to the capacity designed for fire protect[on purposes, shall be pard to the utility as a contribution tn aid of construction. ,