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HomeMy WebLinkAbout1988-08-11 - Resolution No. 88-35RESOLUTION NO. 88-35 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE WATER RULES AND REGULATIONS WHEREAS, the Rules and Regulations for Rendition of Water Service by the Yorba Linda Water District were adopted by Resolution No. 31A to be effective on January 1, 1960, and WHEREAS, the Board of Directors of the Yorba Linda Water District has, from time to time, amended the Rules and Regulations to reflect changes in the fees, rates and charges for services provided by the District, and WHEREAS, a study of the main line extension policies and service fees was conducted, and said study set forth findings to amend District policies so that applicants will install water facilities; that some existing fees need to be revised to reflect current costs; and that the District should implement new Administrative, Plan Check, Inspection, Records and Billing, and Single Service fees, and WHEREAS, the public and interested parties were notified of the public hearing to consider change in fees fourteen (14) days prior to their adoption, and WHEREAS, the Board of Directors desires to amend the Rules and Regulations to revise main line extension policies so that applicants construct water facilities required for service and to establish rules governing the prorata reimbursement of actual construction costs, and WHEREAS, the Board of Directors further desires to amend the Rules and Regulations to revise some existing fees to reflect the cost of service, and implement new Administrative, Plan Check, Inspection, Records and Billing, and Single Service fees to finance costs necessitated by new development within the District's service area, and WHEREAS, the fees collected pursuant to this resolution shall be used to finance costs necessitated by new development within the District. 0 0 NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District to amend the Rules and Regulations for the Rendition of Water Service as follows; Section 1: That Section 3.1 through 3.4 inclusive shall be amended to read as follows. 3.1 - SERVICE FEE: Each application for water service from mains installed by someone other than applicant who had not heretofore, either in person or through a predecessor in interest, paid a Service Fee with respect to the property to be served, shall, before such application will be acted upon or water furnished pursuant thereto, pay to the District cash for a Service Fees in the amount set forth herein before applicant is allowed to commence work related to water service by the District. All land in Improvement District No. 1 and 2 is excluded from this provision of the Rules and Regulations: 3 1.1.1 - LAND PROPERLY STOCKED: A. Land properly stocked (that is 1 share to the acre for all use, excepting homes which shall have had a minimum of 1 /2 share per unit) with Yorba Linda Water Company Stock as of December 31, 1959, and which can obtain service in compliance with the other requirements of these Rules and Regulations from mains which were in use as of December 31, 1959, will not be required to pay a Service Fee. B. Land properly stocked ( that is 1 share to the acre for all use, excepting homes which shall have had a minimum of 1/2 share per unit) with the Yorba Linda Water Company Stock as of December 31, 1959, and which cannot obtain service in compliance with the other requirements of these Rules and Regulations from mains which were in use as of December 31, 1959, will be required to pay a Service Fee as calculated in Section 3.1.2 herein. 3.1.1.2 - LAND NOT PROPERLY STOCKED: Land not properly stocked (that is 1 share to the acre for all uses, excepting homes which shall have a minimum of 1 /2 share per unit) with Yorba Linda Water Company Stock as of December 31, 1959 shall pay a Service Fee as calculated in Section 3.1.2 herein, 3.1.2 - SERVICE FEE CALCULATION: 3.1.2.1- CONNECTION TO MAINS INSTALLED BEFORE AUGUST 11, 1988: The Service Fee for connection to a water main installed before August 1988 shall be calculated by multiplying the front footage of the property to be served by $ 14.00 per linear foot, and if applicable $2,200.00 for each fire hydrant required 3.1.2.1.1 - IRREGULAR PARCELS: Irregular shaped parcels shall be charged at the rates previously outlined in Section 3.1.2.1 or $1,050.00 per acre of gross area including property to center line of streets, whichever is greater. 3.1.2.1.2 - MINIMUM CHARGE- The minimum Service Fee shall be $1,050.00. 0 0 3.1.2.1.3 - FRONTAGE FEE IF MAIN DOES NOT IMMEDIATELY JOIN THE PROPERTY: The Service Fee shall apply in the event a main does not immediately join the property and applicant desires to extend a private service line from the main line to the property being served, This fee may be used by the District to assist in the extension of a main past this property when other applicants desire to extend the main. 3.1.2.2 - CONNECTION TO MAINS INSTALLED AFTER AUGUST 1 l , 1988: The Service Fee for connection to water mains installed by others after August i 1 , 1988 shall be based on the applicants proportionate share of the final cost of the main extension, as determined in accordance with Section 7.3,1 , divided by the total acreage served by the main extension. Service Fees shall be refunded in accordance with Section 7.10 of these Rules and Regulations. 3.1.3 - REFERRAL TO BOARD: When the application of these rules appears impracticable or unjust, the applicant or the General Manager may refer the matter to the Board of Directors of the District for a special ruling 3.2 - METER CONNECTION FEE: Each application approved by the District shall pay to the District cash the applicable Meter Connection Fees in the amount set forth herein before applicant is allowed to commence work related to water service by the District: 3.2.1 - METERS UP TO 2 INCHES: The District shall charge and collect in advance, the following amounts for the installation of water meters up to 2 inches in size: 3/4 inch $104.00 1 inch $138.00 1 1 /2 inch $371.00 2 inch $558.00 A traffic box shall be required for meter settings where, in the District's opinion, the box is subjected to vehicle traffic, e.g. in driveways or parking lots. The charge for said traffic box shall be $16 for 3/4" and 1 " meter installations, $69 for 1 1/2" and 2" meter installations, and shall be added to the above amounts. 3.2.2 - METERS LARGER THAN 2 INCHES, Meters larger than 2 inches shall be installed for a sum equal to the actual cost of labor and materials to install such meter and appurtenances plus overhead. The cost of such installation shall be estimated by the District, and such estimated cost shall be paid by the applicant to the District before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, and overhead, the deficit shall be charged to and paid by applicant. Any excess payment shall be returned to the applicant. 3.2.3 -TEMPORARY METERS: When a temporary meter is requested, and service can be provided by a standard fire hydrant type of construction meter, the applicant shall deposit $650.00. For any temporary service other than a fire hydrant type of construction meter, the applicant shall deposit a sum of money estimated as being • • required to compensate the District for installation of a non-standard fire hydrant construction meter The applicant shall be responsible for installation and removal of all pipes, valves, fittings and appurtenances required to connect the temporary meter to applicants facilities, and for all damages related to the District's meter. 3.3 - OTHER SERVICE FEES: Each application approved by the District shall pay to the District cash for all applicable Other Service Fees in the amount set forth herein before applicant is allowed to commence work related to water service by the District: 3.3.1 - ADMINISTRATIVE FEE: An Administrative Fee shall be imposed on a per iou basis for each application prepared in accordance with Section 7.6 of these Rules and Regulations. The Administrative Fee shall be $576.00 per application. 3.3.2 - PLAN CHECK FEE: A Plan Check Fee shall be imposed on a per connection basis for each service connection identified in the application prepared in accordance with Section 7.6 of these Rules and Regulations. The Plan Check Fee shall be determined as follows: Number of Fee Per Connections Connection 1 - 10 $ 1 15.00 11 - 20 62.00 21 - 30 43 00 31 - 40 41.00 41 - 50 29.00 51 and up 24.00 3.3.3- INSPECTION FEE: A Inspection Fee shall be imposed on a per connection bans for each service connection identified in the application prepared in accordance with Section 7.6 of these Rules and Regulations. The Inspection Fee shall be determined as fol lows. Number of Fee Per 1 - 10 $30200 11 - 20 170.00 21 - 30 118.00 31 - 40 95,00 41 -50 81.00 51 and up 72.00 3.3.4 -RECORDS AND BILLING FEE: A Records and Billing Fee shall be imposed on a per connection basis for each service connection identified in the application prepared in accordance with Section 7.6 of these Rules and Regulations. The Records and Billing Fee shall be $91.00 per connection. 3.3.5 - SINGLE SERVICE FEE: A single service fee shall be imposed on a service connection, to a single lot where the main line already exists and where, in the District's judgment, it is not necessary to process an application in accordance with • • Section 7,6 of these Rules and Regulations. The Single Service Fee shall be $392.00 plus the Meter Fee as determined from Section 321 or 3.2.2 but shall not include the fees identified in Section 3.3.1 through 3.3.4 inclusive. 3.4 - INSTALLATION BY APPLICANT: The applicant shall be responsible for the installation of all pipe, valves, fittings, fire hydrants, service lines and appurtenances required to obtain water service from the District. All materials, and installation, shall conform to the District's Standard Plans and Specifications, and shall be subject to the inspection and acceptance by the District. Section 2: That Section 7.1 through 7.4 shall be amended to read as follows: 7.1 - APPLICATION: Anyone who, as owner or subdivider of a single lot, subdivision or tract of land, desires the extension of water mains and/or connection of water service to such lot, subdivision or tract of land, shall file a written application with the District. 7,2 - FEES AND CHARGES: Each application approved by the District shall pay to the District cash for all Fees in the amount set forth in Section 3 before applicant. is allowed to commence work related to water service by the District- 7.3- INSTALLATION- If, as and when applicant has complied with all requirements of the District and such other provisions of the subdivision ordinance or, ordinances dealing with public improvements as may be applicable, the applicant shall have installed, in accordance with the Rules and Regulations, and Standard Plans and Specifications of the District, such mains and services which are required to provide service to the property described in the application. All main extensions shall be installed across the entire frontage of the parcel of land to be served, 7.3,1 - COSTS: The cost of said installation shall be paid by the applicant, and shall include the cost of engineering, construction, land acquisition and legal services paid by applicant in connection with said installation. The applicant shall report such cost of said installation to the District in a form approved by the District, and all items such cost of installation thus reported shall be supported by invoices or statements verified to the satisfaction of the District. 7.3.2 - TITLE: Upon completion and acceptance of facilities the applicant shall transfer title of said water facilities to the District where they will become and remain the property of the District. 7.4- LOCATION, SIZE AND TYPE OF WATER MAIN AND SERVICE FACILITIES: The District shall use the latest adopted Master Plan to determine the size, type and location for all water mains in streets, alleys, and easements. The type and make of valves, fire hydrants, fittings, consumer services and all other appurtenances deemed necessary for supplying water to the property served shall conform to District Standard Plans and Specifications. Section 3: That Section 7.6 and 7.7 shall be amended to read as follows: 0 r 7.6- APPROVAL OF WATER MAIN AND SERVICE EXTENSIONS: Each application for water main and service extension shall be given a job number, and submitted to the District's Board of Directors for approval. A sketch showing the extent of the facilities necessary for water service shall be prepared and the application shall identify the number of service connections and fees required for service, 7.7- CONDITION AS PREREQUISITE TO INSTALLATION OF MAINS: Under no conditions will the applicant install water mains and fire hydrants unless streets are well defined by lot stakes, curb stakes, or visible center line stakes properly set at the land owner's expense. Where curbs and gutters are to be installed presently or in the near future, the water mains and fire hydrants shall not be installed until after the curbs and gutters have been constructed, excepting that an initial hydrant may be set upon the approval of the General Manager to provide construction water in compliance with Section 3,2.4 and 3.8 of these Rules and Regulations. If after any facility has been installed and it has to be moved or lowered because of incorrect information as to grade of curbs, property lines, etc., all expense incurred by making the changes must be borne by the applicant, Section 4_ That Section 7.8 shall be deleted and that Section 7.9 shall be renumbered to 7.8 Section 5: That Section 7.10 shall be renumbered to 7.9 and amended to read as follows: 7.9 - METHOD OF REFUND FROM MAIN INSTALLED BEFORE AUGUST 11, 1988: Service Fees paid to the District in accordance with Sections 3.1.21 of these Rules and Regulations will be returned without interest, as set forth below: 7.9.1 - AMOUNT OF REFUND: No refunds will be made in excess of the amount advanced by the applicants. 7.9.2 - REFUND PERIOD: Any money not refundable as provided in this rule at the end of ten years from the date of the contract will remain the property of the District. 7.9.3 -REFUNDS TO JOINT DEPOSITORS: When two or more parties make a joint deposit on the same extension, such refunds as may accrue under the provisions of this section, will be distributed in the same proportion as provided in the application for service. If otherwise so provided such refunds will be distributed in accordance with such provisions. 7.9.4 - COMPUTATION OF AMOUNT OF REFUND: The refundable portion of the Service Fee as calculated in accordance with Section 3.1.2.1 of these Rules and Regulations and received from the parties who have connected within a period of ten years following the date of contract to which possible refund for such consumer is applicable shall be refunded only to the party or parties who made the original deposit. • r 7.9.5 - PRORATION OF REFUNDS: In the event a consumer is connected to sections of main which were installed under separate contracts in accordance with Section 3.1 of these Rules and Regulations will be distributed in the same proportion as the applicable footage of each contract bears to the total footage serving the property. Section 6: That Section 7.10 shall be added to read as follows: 7.10 - METHOD OF REFUND FROM MAIN INSTALLED AFTER AUGUST 11, 1988: Service Fees paid to the District in accordance with Sections 3.1.2.2 of these Rules and Regulations will be returned without interest, as set forth below: 7. 10.1 - AMOUNT OF REFUND: No refunds will be made in excess of the final cost of installation by original applicant and as reported in accordance with Section 7 3 1 herein. 7.10.2 - REFUND PERIOD: Any money not refundable as provided in this rule at the end of thirty years from the date of the contract will remain the property of the District. 7.10.3 - ENTITLEMENT TO REFUNDS: All sums collected with respect to Service Fees from mains installed after August 1 1, 1988 shall be paid only to the first applicant who was required to construct the main extension until such time as all such refunds to which the applicant is entitled hereunder have been paid. PASSED AND ADOPTED this 11 th day of August 1988 by the following called vote: AYES: P. Armstrong, W. Cromwell, S. Fox, R. Knauft NOES: ABSENT: A. Korn ABSTAIN 4W~p President J Yorba Linda Water District ATT T. Secretary, Yorba Linda Water Distr ct