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Resolution 1989-50 ~~ ~ . ~ ,0 RESOLUTION NO. 89 -50 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY UPDATING TERMS AND CONDITIONS FOR SEWER AND WATER CAPACITY ALLOCATIONS. WHEREAS, the Council passed the original terms and conditions for sewer and water capacity allocations on September 9, 1986; and WHEREAS, minor changes are needed to update these terms and conditions. NOW, THEREFORE, BE IT RESOLVED. that the Council of the City of Gilroy approves the following terms and conditions and adopts the same to apply in the City of Gilroy: New Construction: For all new construction two allocation agreements must be signed with the City Administrator. The first agreement will establish the sewer average daily usage and certain Council imposed performance dates. The second agreement will establish the peak daily water usage. Existing Buildings: For all existing commercial and industrial buildings or properties in use, water and sewer allocations will be assigned using the following techniques: a. Research existing development agreements, building permits, and the like for capacities purchased at the time of original construction. b. Research water meter books for present usages. Calculations: When the city must research water meter books to calculate an existing usage the following methods will be utilized: a. Sewer: 1. For an account that has an irrigation water meter or has no landscaping, the average of the highest four consecutive months of water usage will be utilized. 2. For an account that has landscaping irrigation but does not have an irrigation meter, the average winter (November-February) usage will be utilized. b. Water: 1. For all accounts the peak water flow in anyone month will be utilized. Note: Months that reflect an abnormally high usage because of a water leak or the like will not be utilized in any of the above calculations. -1- RESOLUTION NO. 89 - 50 . . Payments for Additional Allocations For any existing account that has previously purchased a water or sewer capacity, and is using more than the purchased allocations, said account must pay for the difference between what was originally purchased and present usage under the following schedule: Sewer: Water: 25% of current rate 100% of current rate If documentation cannot be located to prove that an existing account has water or sewer allocations, then the account's water usage, per the calculation process described above, will become the account's formal allocations at no additional cost. Base Year The base years for the above calculations will be the most recent 24 months. If the business or property was out of use during that period, the last representative year will be reviewed. PASSED AND ADOPTED this 3rd day of October, 1989, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ AND HUGHAN. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: ATTEST: -2- RESOLUTION NO. 89 - 50 . ... ~,,,.. . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 89-50 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of October ,19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 3rd day of October 19 89. (Seal)