AGENDA
WATERFORD CITY COUNCIL - REGULAR MEETING
WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA
CALL TO ORDER &
FLAG SALUTE: Mayor Goeken
INVOCATION: Elder Fred Webb, The Seventh Day Adventist Church ROLL CALL:
Mayor: Charlie Goeken
Vice Mayor: Jamie Hilton
Council Members: Guadalupe Gutierrez, Christine Harris, Elizabeth Talbott ADOPTION OF AGENDA:
A member of the City Council motions to accept the items on the agenda for consideration as presented, or motions for any additions, including emergency items, or items pulled from consideration.
CONFLICT OF INTEREST DECLARATION:
Declaration by City Council members who may have a direct Conflict of Interest on any scheduled agenda item to be considered.
1. 1a: PROCLAMATION: National First Responders Day
2. This is the portion of the meeting specifically set aside to invite public comments regarding any matters not appearing on the agenda and within the jurisdiction of the City Council or the Successor Agency. Individual audience participation is limited to a maximum of 5 minutes. We encourage you to share your name and address or submit a speaker card to the City Clerk.
3. All Matters listed under the Consent Calendar are considered routine by the Council and will be adopted by one action of the Council unless any Council Member desires to discuss any item or items separately. In that event, the Mayor will remove that item from the Consent Calendar and action will be considered separately.
3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2025-58, Approving the Warrant Register in the Amount of $716,633.20 for the Period of September 29 to October 27, 2025. 3c: MOTION: Approving Minutes of the Regular City Council Meeting held October 2, 2025.
WATERFORD CITY COUNCIL REGULAR MEETING – November 6, 2025 - 6:30 PM
COMMUNICATIONS FROM THE AUDIENCE
PRESENTATIONS
ADOPTION OF CONSENT CALENDAR
3d: MOTION: Accept Compliance with Developer Fees report in accordance with the requirements of Section 66006 of the Government Code.
3e: MOTION: Accepting the Treasurer’s Report for the Quarter Ended September 30, 2025.
4. 4.
5. 5a: ORDINANCE: First Reading and Introduction of Ordinance 2025-04 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and 15.04.020. (Pitcock)
6. 6a: RESOLUTION: Resolution 2025-59, Authorizing a Resolution of Intention of the City Council of the City of Waterford to Annex Property into Community Facilities District No. 2019-1 (Maintenance Services) and to Authorize the Levy of Special Taxes Therein (Envia) 6b: MOTION: Receive Information from Lechowicz + Tseng Municipal Consultants (LTMC) on the prosed Water Rate Fee Study Options and Provide Staff Direction (Envia) 6c: MOTION: A Motion of the City Council of the City of Waterford authorizing the City Manager to execute the final Installment Sale Agreement with the California Infrastructure and Economic Development Bank as previously authorized by the Waterford City Council Resolution No. 2025-40 in the amount of $1,200,000.00.(Envia)
6d: MOTION: Awarding Bid and Approving an Agreement with Mountain Cascade Inc, in the Amount of $796,885.00 for Project No. 2025-09, “Hickman Water Consolidation Project” and Authorizing the City Manager to Execute the Public Improvement Agreement. (Statzer)
7. 8.
8a: City Project List
8b: My Waterford Request Report
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY
GENERAL BUSINESS
PUBLIC HEARING - FINAL READINGS
PUBLIC HEARINGS AND ELECTION:
9. 9a: City Staff
9b: City Council
10. 11.
11a: “CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION” (Pursuant to Government Code Section 54956.9)
- Burciago V. City of Waterford
11b: “CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION” (Pursuant to Government Code Section 54956.9)
- Barker – Claim # 2025-03
11c: “CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION” (Pursuant to Government Code Section 54956.9)
- California Voting Rights Act Letter
12. NOTICE
REPORTS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection at the front counter at City Hall during normal business hours.
COMMUNICATIONS FROM THE AUDIENCE: If you wish to address the City Council or the Successor Agency on any item not on the printed agenda, prior to the start of the meeting, or prior to addressing the City Council or the Successor Agency, complete and submit a speaker card and deliver it to the City Clerk. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting). When the Mayor calls for “Communications from the Audience,” stand or raise your hand and the Mayor will ask you to approach the podium and state your name and city of residence. It is the policy of the City Council that they will not act on any matter not appearing on the posted agenda. The purpose of the discussion is to permit a member of the public to raise an issue or problem and to permit the City Council to ask questions for clarification of the issue or problem, provide information to the public, provide direction of the City Staff, or schedule the matter for a future meeting. Please hold all comments to five (5) minutes.
PUBLIC COMMENTS RELATED TO AN ITEM ON THE PRINTED AGENDA: Members of the public are entitled to directly address the City Council or the Successor Agency concerning any item that is described on the agenda during consideration of that item. If during a public hearing, the Mayor will direct when the hearing has opened for public comment. If you wish to address the City Council or the Successor Agency on any item listed on this agenda, please complete a speaker card and deliver it to the City Clerk prior to discussion of that item. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting.) When your name is called proceed to the podium and state your name and city of residence.
WRITTEN MATERIAL INTRODUCED INTO THE RECORD: Citizens wishing to introduce written material into the record at the public hearing on any item are requested to provide a copy of the written material to the City Clerk prior to the public hearing date and/or prior to the opening of the public hearing so that the material may be distributed to the City Council prior to the public hearing.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
LIVE AND ON-DEMAND VIDEO RECORDINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY: The meeting of the Waterford City Council/Successor Agency can be watched live and on-demand from the City’s website at www.cityofwaterford.org.
AMERICANS WITH DISABILITIES ACT (ADA): In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disabilityrelated modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (209) 874-2328 ext. 101 or email:
[email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting
CLOSED SESSION
ADJOURNMENT / RECESS
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
REPORT OUT OF CLOSED SESSION
General Information: The Waterford City Council meets on the 1st and 3rd Thursdays of each month at 6:30PM., unless otherwise noticed.
Council Agenda’s: Copies of City Council Agenda and agenda related writings or documents will be made available for public inspection at the front counter at City Hall located at 101 “E” Street, Waterford, CA 72 hours prior to the meeting, or at the time of the scheduled meeting. 10/29/2025
Patricia Krause, CMC, City Clerk Date
Presentations 1a
November 6, 2025
Patricia Krause, Administrative Services Director / City Clerk City Council Staff Report
Proclamation: National First Responders Day
SUMMARY:
Mayor Charlie Goeken to present Proclamation declaring October 28th, 2025 as National First Responders Day.
ANALYSIS:
Mayor Charlie Goeken to present Proclamation declaring October 28th, 2025 as National First Responders Day.
FISCAL IMPACT:
No fiscal impact.
ENVIRONMENTAL REVIEW:
Not Applicable.
ALTERNATIVES:
Not Applicable.
ATTACHMENTS:
1. Proclamation – National First Responders Day
Proclamation
WHEREAS, first responders, including law enforcement officers, firefighters, paramedics, emergency medical technicians, 911 dispatchers, public works professionals, and other emergency personnel, are the first to arrive on the scene during moments of crisis; and
WHEREAS, these courageous individuals embody extraordinary selflessness, bravery, and an unwavering commitment to public service, often rushing toward danger while others seek safety; and
WHEREAS, first responders undergo extensive education, specialized training, and personal sacrifice to acquire the necessary skills to protect and serve our communities, 24 hours a day, seven days a week; and
WHEREAS, on this day, and every day, we recognize the immense sacrifices of first responders and their families, acknowledging the constant readiness and resilience required to carry out their essential duties; and WHEREAS, first responders are essential to the nation's health, safety, and quality of life; NOW, THEREFORE, The City Council of the City of Waterford hereby proclaim Tuesday, October 28, 2025, as National First Responders Day.
Signed this 6
th day of November 2025.
____________________________________
Charlie Goeken, Mayor of Waterford
Consent Calendar 3a
November 6, 2025
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Waive Readings of Ordinances and Resolutions, Except by Title.
SUMMARY:
It is recommended that the City Council approve the waiver of readings of Ordinances and Resolutions, except by title.
ANALYSIS:
Pursuant to California Government Code §36934, approval of the waiver of readings will allow Ordinances and Resolutions to be introduced by title only and acted upon without the need to read the entire text of the item into the public record. The documents related to proposed Ordinances and Resolutions are available for review by the public on the City’s website and in the City Clerk’s office at City Hall.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Direct the City Clerk to read the entire text of resolutions and ordinances prior to approval and adoption.
2. Take no action.
ATTACHMENTS:
N/A
Consent Calendar 3b
November 6, 2025
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Resolution: Adopting Resolution 2025-58, Approving the Warrant Register in the Amount of $1,959,146.48 for the Period of September 29 to October 27, 2025.
SUMMARY:
Consider approving the Warrant Register for the period of September 29 to October 27, 2025.
ANALYSIS:
As per Government Code Section §41004, a listing of all payments the City has made for goods and services need to be approved by City Council on a regular basis. This Warrant Register includes payments and payroll made for the period of September 29 to October 27, 2025.
FISCAL IMPACT:
Payments for this period total $1,959,146.48.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Take no action.
2. Provide staff with further direction.
ATTACHMENTS:
• Resolution #2025-58
• Check Register Report
WATERFORD CITY COUNCIL
DATE TOTAL
PAYROLL 9/29/2025 $ 48,487.85
10/13/2025 $ 48,134.92
10/27/2025 $ 47,889.91
ACCOUNTS PAYABLE 9/29/2025 $ 26,027.48
10/7/2025 $ 1,242,513.28
10/13/2025 $ 26,399.65
10/21/2025 $ 493,546.85
10/27/2025 $ 26,146.54
TOTAL $ 1,959,146.48
AYES:
NOES:
ABSTAIN:
ABSENT:
PATRICIA KRAUSE, CMC, CITY CLERK CHARLIE GOEKEN, MAYOR
RESOLUTION 2025-58
RESOLUTION # 2025-58
Passed and Adopted by the City Council of Waterford at a regular meeting held on November 6, 2025 By the following vote:
The City of Waterford does hereby reserve, determine and order as follows:
SECTION 1: That in accordance with Section 37202 of the Government Code that the City Manager hereby certifies to the accuracy of the following demands and the availability of funds for the payment thereof.
SECTION 2: That the following claims and demands are subject to audit as required by law, and that the same are hereby set forth.
User:
Printed: 09/29/2025 - 9:55AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00029.09.2025
Check Date Check Number Employee No Employee Name Amount 09/29/2025 0 1002 4,668.18
09/29/2025 0 1006 3,518.42
09/29/2025 0 1008 2,352.77
09/29/2025 0 1017 2,077.41
09/29/2025 0 1018 1,592.47
09/29/2025 0 1020 905.17
09/29/2025 0 2005 2,814.57
09/29/2025 0 2006 3,707.93
09/29/2025 0 2010 1,017.73
09/29/2025 0 2012 2,366.22
09/29/2025 0 2020 4,271.44
09/29/2025 0 2028 1,994.30
09/29/2025 0 2030 2,224.45
09/29/2025 0 2031 3,241.01
09/29/2025 0 2033 1,930.00
09/29/2025 0 2034 1,946.66
09/29/2025 0 2035 2,403.57
09/29/2025 0 2037 2,225.75
09/29/2025 0 2040 1,381.29
09/29/2025 0 2041 1,211.03
09/29/2025 0 3002 134.79
09/29/2025 0 3010 124.06
09/29/2025 0 3013 126.21
09/29/2025 0 3014 126.21
09/29/2025 0 3015 126.21
Total Employees: 25 Total: 48,487.85
PR- ACH Check Register (09/29/2025 - 9:55 AM) Page 1
User:
Printed: 10/13/2025 - 11:25AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00013.10.2025
Check Date Check Number Employee No Employee Name Amount 10/13/2025 0 1002 4,511.28
10/13/2025 0 1006 3,518.42
10/13/2025 0 1008 2,316.55
10/13/2025 0 1017 1,873.60
10/13/2025 0 1018 1,576.99
10/13/2025 0 1020 894.35
10/13/2025 0 2005 3,047.45
10/13/2025 0 2006 3,407.15
10/13/2025 0 2010 1,005.97
10/13/2025 0 2012 2,335.50
10/13/2025 0 2020 4,271.44
10/13/2025 0 2028 2,200.12
10/13/2025 0 2030 2,523.07
10/13/2025 0 2031 2,643.43
10/13/2025 0 2033 2,444.85
10/13/2025 0 2034 2,509.45
10/13/2025 0 2035 1,959.57
10/13/2025 0 2037 1,865.93
10/13/2025 0 2040 1,381.29
10/13/2025 0 2041 1,211.03
10/13/2025 0 3002 134.79
10/13/2025 0 3010 124.06
10/13/2025 0 3013 126.21
10/13/2025 0 3014 126.21
10/13/2025 0 3015 126.21
Total Employees: 25 Total: 48,134.92
PR- ACH Check Register (10/13/2025 - 11:25 AM) Page 1
User:
Printed: 10/27/2025 - 10:41AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00027.10.2025
Check Date Check Number Employee No Employee Name Amount 10/27/2025 0 1002 4,668.18
10/27/2025 0 1006 3,518.42
10/27/2025 0 1008 2,317.80
10/27/2025 0 1017 1,941.54
10/27/2025 0 1018 1,579.05
10/27/2025 0 1020 894.35
10/27/2025 0 2005 2,881.71
10/27/2025 0 2006 3,407.15
10/27/2025 0 2010 1,005.97
10/27/2025 0 2012 2,335.50
10/27/2025 0 2020 4,271.44
10/27/2025 0 2028 2,321.04
10/27/2025 0 2030 2,116.36
10/27/2025 0 2031 2,686.51
10/27/2025 0 2033 2,061.32
10/27/2025 0 2034 2,025.75
10/27/2025 0 2035 2,411.07
10/27/2025 0 2037 2,060.84
10/27/2025 0 2040 1,381.29
10/27/2025 0 2041 1,367.14
10/27/2025 0 3002 134.79
10/27/2025 0 3010 124.06
10/27/2025 0 3013 126.21
10/27/2025 0 3014 126.21
10/27/2025 0 3015 126.21
Total Employees: 25 Total: 47,889.91
PR- ACH Check Register (10/27/2025 - 10:41 AM) Page 1
User:
Printed: 09/29/2025 - 12:09PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00029.09.2025
Invoice No Description Amount Pmt Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00029.09.2025 FICA Employee Portion 295.34 09/29/2025 1010-000-2240 PR Batch 00029.09.2025 FICA Employee Portion PR Batch 00029.09.2025 Medicare Employee Portion 994.40 09/29/2025 1010-000-2240 PR Batch 00029.09.2025 Medicare Employee Portion PR Batch 00029.09.2025 FICA Employer Portion 295.34 09/29/2025 1010-000-2240 PR Batch 00029.09.2025 FICA Employer Portion PR Batch 00029.09.2025 Medicare Employer Portion 994.40 09/29/2025 1010-000-2240 PR Batch 00029.09.2025 Medicare Employer Portion PR Batch 00029.09.2025 Federal Income Tax 6,716.87 09/29/2025 1010-000-2220 PR Batch 00029.09.2025 Federal Income Tax Check Total: 9,296.35
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00029.09.2025 State Income Tax 2,374.42 09/29/2025 1010-000-2230 PR Batch 00029.09.2025 State Income Tax PR Batch 00029.09.2025 CALIFORNIA SDI 822.93 09/29/2025 1010-000-2260 PR Batch 00029.09.2025 CALIFORNIA SDI PR Batch 00029.09.2025 STATE UNEMPLOYMENT 61.80 09/29/2025 1010-000-2260 PR Batch 00029.09.2025 STATE UNEMPLOYMENT PR Batch 00029.09.2025 EDD TRAINING TAX 3.52 09/29/2025 1010-000-2260 PR Batch 00029.09.2025 EDD TRAINING TAX Check Total: 3,262.67
Vendor: 154101 MISSION SQUARE - 303352 Check Sequence: 3 ACH Enabled: False PR Batch 00029.09.2025 DEFERRED COM-457 - EMPLOYER PD 238.18 09/29/2025 1010-000-2285 PR Batch 00029.09.2025 DEFERRED COM-457 - EM PR Batch 00029.09.2025 457 LOAN REPAY 385.27 09/29/2025 1010-000-2280 PR Batch 00029.09.2025 457 LOAN REPAY PR Batch 00029.09.2025 DEFERRED COMP-457 1,070.00 09/29/2025 1010-000-2280 PR Batch 00029.09.2025 DEFERRED COMP-457 PR Batch 00029.09.2025 DEFERRED COMP 457 - % 1,032.10 09/29/2025 1010-000-2280 PR Batch 00029.09.2025 DEFERRED COMP 457 - % Check Total: 2,725.55
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 4 ACH Enabled: True PR Batch 00029.09.2025 EMPLOYER PAID PERS 6,168.60 09/29/2025 1010-000-2270 PR Batch 00029.09.2025 EMPLOYER PAID PERS PR Batch 00029.09.2025 EMPLOYEE PERS CONTRIBUTION 4,574.31 09/29/2025 1010-000-2270 PR Batch 00029.09.2025 EMPLOYEE PERS CONTR AP-Computer Check Proof List by Vendor (09/29/2025 - 12:09 PM) Page 1 Invoice No Description Amount Pmt Date Acct Number Reference Check Total: 10,742.91
Total for Check Run:
Total of Number of Checks:
26,027.48
4 AP-Computer Check Proof List by Vendor (09/29/2025 - 12:09 PM) Page 2 User:
Printed:
tina
Computer Check Register
Bank Account: bowgen
Accounts Payable
10/07/2025 - 12:23PM
Batch: 00007.10.2025
Check Vendor No Vendor Name Date Invoice No amount
54806 bowgen 102200 ABS DIRECT, INC 10/7/2025
140871 349.51
140871 87.37
140871 349.51
140871 87.37
MP-20250924 800.00
MP-20250924 200.00
MP-20250924 800.00
MP-20250924 200.00
Check 54806 Total: 2,873.76
54807 bowgen 102288 AMERICAN PAVEMENT SYSTEMS INC 10/7/2025 001 355,100.50
Check 54807 Total: 355,100.50
54808 bowgen 110900 AT&T MOBILITY 10/7/2025
X09242025 44.09
Check 54808 Total: 44.09
54809 bowgen 105896 AYERA TECHNOLOGIES, INC. 10/7/2025
713708 174.00
713785 84.00
Check 54809 Total: 258.00
54810 bowgen 106525 BOYETT PETROLEUM 10/7/2025
368834 183.62
368834 1,182.04
368834 516.29
368834 273.11
368834 955.81
368834 136.55
Check 54810 Total: 3,247.42
54811 bowgen 108025 CALIFORNIA CONSULTING, INC.10/7/2025 7427 3,500.00
Check 54811 Total: 3,500.00
54812 bowgen 108800 CALTRAFFIC 10/7/2025
20976 119.76
Check 54812 Total: 119.76
54813 bowgen 110000 CENTRAL SAN JOAQUIN RISK MANAGEMENT AUTHORITY 10/7/2025 INV0403 29,572.00
INV0403 30,709.00
AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 1 Check Vendor No Vendor Name Date Invoice No amount
Check 54813 Total: 60,281.00
54814 bowgen 110116 CENTRAL VALLEY DEMOLITION10/7/2025
2817 1,500.00
2816 29,890.00
Check 54814 Total: 31,390.00
54815 bowgen 144410 CHARTER COMMUNICATIONS (7173) 10/7/2025 0061316091925 126.23
Check 54815 Total: 126.23
54816 bowgen 110800 CHUCK'S AUTO PARTS 10/7/2025
938541 196.17
938668 53.92
938948 217.74
Check 54816 Total: 467.83
54817 bowgen 114310 DE LAGE LANDEN 10/7/2025
592300571 327.53
Check 54817 Total: 327.53
54818 bowgen 115705 DG TIRES & WHEELS 10/7/2025
88913 20.00
Check 54818 Total: 20.00
54819 bowgen 117630 EYEMED 10/7/2025
166995110 17.85
166995110 2.88
166995110 29.92
166995110 12.94
166995110 1.20
166995110 0.58
166995110 6.01
166995110 16.28
166995110 1.68
166995110 6.01
166995110 90.64
166995110 19.75
166995110 82.85
166995110 7.97
166995110 2.87
Check 54819 Total: 299.43
54820 bowgen 118400 FERGUSON WATERWORKS #142310/7/2025
0043710 9.06
0043710 31.72
0043710 4.53
Check 54820 Total: 45.31
54821 bowgen 118800 FINANCIAL CREDIT NETWORK, INC 10/7/2025 08312025 71.02
08312025 28.40
08312025 28.40
AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 2 Check Vendor No Vendor Name Date Invoice No amount
08312025 14.21
Check 54821 Total: 142.03
54822 bowgen 121433 GO TO COMMUNICATIONS INC 10/7/2025
IN7104288978 256.79
IN7104288978 28.15
IN7104288978 26.28
IN7104288978 15.77
IN7104288978 7.88
IN7104288978 2.62
Check 54822 Total: 337.49
54823 bowgen 200710 JOSH GREEN 10/7/2025
09302025 24.71
09302025 131.79
09302025 8.24
Check 54823 Total: 164.74
54824 bowgen 122560 GUARDIAN 10/7/2025
09162025 47.44
09162025 34.09
09162025 17.39
09162025 13.67
09162025 1.42
09162025 16.68
09162025 36.52
09162025 10.09
09162025 1.82
09162025 3.65
09162025 114.34
09162025 18.76
09162025 110.29
09162025 6.31
09162025 1.21
Check 54824 Total: 433.68
54825 bowgen 123700 HENSLEY'S PAVING & GENERAL ENGINEERING, INC. 10/7/2025 001 260,171.75
Check 54825 Total: 260,171.75
54826 bowgen 123956 HICKMAN TIRE & WHEEL 10/7/2025
00859 79.20
00859 277.20
00859 39.60
00784 32.80
00784 114.80
00784 16.40
Check 54826 Total: 560.00
54827 bowgen 124500 HOWK SYSTEMS 10/7/2025
0326150-IN 10,497.57
Check 54827 Total: 10,497.57
54828 bowgen 200759 JARED STEELEY WATER & WASTEWATER MANAGEMENT 10/7/2025 AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 3 Check Vendor No Vendor Name Date Invoice No amount
55412 3,021.50
55412 5,663.50
55412 4,221.00
Check 54828 Total: 12,906.00
54829 bowgen 138700 LINDE GAS & EQUIPMENT INC. 10/7/2025 52185031 55.74
Check 54829 Total: 55.74
54830 bowgen 1001040 BIANCA LOPEZ 10/7/2025
10012025 150.00
Check 54830 Total: 150.00
54831 bowgen 131000 MCR ENGINEERING, INC. 10/7/2025
21527 14,335.00
21527* 720.00
21527** 21,880.00
21527*** 11,975.90
21527**** 5,155.00
21527***** 1,850.00
21527****** 9,240.00
21527******* 2,660.00
21527******** 3,960.00
Check 54831 Total: 71,775.90
54832 bowgen 131898 MID VALLEY IT 10/7/2025
202145880 2,850.00
Check 54832 Total: 2,850.00
54833 bowgen 131900 MID-VALLEY PUBLICATIONS 10/7/2025
356985 207.20
Check 54833 Total: 207.20
54834 bowgen 132700 MODESTO IRRIGATION DISTRICT10/7/2025 10022025 5,931.00
10022025 882.73
10022025 7,799.63
10022025 906.04
10022025 376.02
10022025 226.44
10022025 639.76
10022025 1,410.03
10022025 532.95
10022025 65.06
10022025 70.16
10022025 734.44
10022025 2,140.85
10022025 14,241.54
Check 54834 Total: 35,956.65
54835 bowgen 132742 MOUNTAIN VALLEY ENVIRONMENTAL SERVICES, INC. 10/7/2025 6526 40.00
6526 140.00
6526 20.00
AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 4 Check Vendor No Vendor Name Date Invoice No amount
Check 54835 Total: 200.00
54836 bowgen 132753 MUNICIPAL MAINTENANCE EQUIPMENT 10/7/2025 041084 3,994.63
Check 54836 Total: 3,994.63
54837 bowgen 200738 NAVIA BENEFIT SOLUTIONS 10/7/2025
11015013 200.00
Check 54837 Total: 200.00
54838 bowgen 134500 NBS GOVERNMENT FINANCE GROUP 10/7/2025 202509-3222 1,092.27
202509-3223 1,315.25
202509-3224 666.79
Check 54838 Total: 3,074.31
54839 bowgen 135325 O'REILLY AUTO PARTS 10/7/2025
3915-347168 -4.40
3915-347168 -15.40
3915-347168 -2.20
3915-353956 19.40
3915-353956 67.93
3915-353956 9.70
3915-354404 11.86
Check 54839 Total: 86.89
54840 bowgen 1001039 FELIZ ORTIZ 10/7/2025
09272025 50.00
Check 54840 Total: 50.00
54841 bowgen 209807 PACE SUPPLY CORP 10/7/2025
0510747413 8.58
0510747413 29.98
0510747413 4.29
Check 54841 Total: 42.85
54842 bowgen 136625 PIONEER MARKET WATERFORD10/7/2025
10012025 33.31
10012025 13.81
10012025 19.93
10012025 13.81
10012025 2.76
10012025 9.68
10012025 1.38
Check 54842 Total: 94.68
54843 bowgen 200693 PLATINUM DIRT WORX LLC 10/7/2025
002 349,627.71
Check 54843 Total: 349,627.71
54844 bowgen 140825 RESOURCE BUILDING MATERIALS 10/7/2025 4083773 310.68
4086465 310.68
AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 5 Check Vendor No Vendor Name Date Invoice No amount
4087233 345.20
Check 54844 Total: 966.56
54845 bowgen 130200 ROBBINS BROWNING GODWIN & MARCHINI LLP 10/7/2025 74310 4,075.90
74311 1,845.00
74312 1,777.50
Check 54845 Total: 7,698.40
54846 bowgen 142475 SHRED-IT, C/O STERICYCLE, INC. 10/7/2025 801241241 581.74
Check 54846 Total: 581.74
54847 bowgen 143195 SIEMENS INDUSTRY INC 10/7/2025
5332135822 875.26
Check 54847 Total: 875.26
54848 bowgen 144700 SPRINGBROOK HOLDING COMPANY LLC 10/7/2025 INV-021866 607.00
INV-021866 121.40
INV-021866 424.90
INV-021866 60.70
Check 54848 Total: 1,214.00
54849 bowgen 148626 SUTTER HEALTH PLUS 10/7/2025
4068634 712.83
4068634 294.84
4068634 1,530.43
4068634 123.15
4068634 41.62
4068634 208.12
4068634 603.55
4068634 208.12
4068634 4,149.10
4068634 877.07
4068634 4,457.33
4068634 387.29
4068634 147.41
Check 54849 Total: 13,740.86
54850 bowgen 150563 TRANS-ROCK 10/7/2025
3481 483.16
3481 1,691.01
3481 241.58
Check 54850 Total: 2,415.75
54851 bowgen 150567 TURLOCK IRRIGATION DISTRICT10/7/2025 09222025 1,040.19
Check 54851 Total: 1,040.19
54852 bowgen 155600 WATERFORD FARM SUPPLY, INC. 10/7/2025 09302025 78.68
09302025 11.84
AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 6 Check Vendor No Vendor Name Date Invoice No amount
09302025 57.12
09302025 64.79
09302025 34.50
09302025 103.19
09302025 317.08
09302025 205.24
09302025 214.11
09302025 180.93
09302025 203.32
09302025 711.45
09302025 101.66
Check 54852 Total: 2,283.91
54853 bowgen 155650 WATERFORD IRRIGATION SUPPLY INC. 10/7/2025 225387 15.93
Check 54853 Total: 15.93
Report Total: 1,242,513.28
AP-Computer Check Register (10/07/2025 - 12:23 PM) Page 7 User:
Printed: 10/13/2025 - 2:24PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00013.10.2025
Invoice No Description Amount Pmt Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00013.10.2025 Medicare Employer Portion 995.11 10/13/2025 1010-000-2240 PR Batch 00013.10.2025 Medicare Employer Portion PR Batch 00013.10.2025 FICA Employee Portion 295.34 10/13/2025 1010-000-2240 PR Batch 00013.10.2025 FICA Employee Portion PR Batch 00013.10.2025 Medicare Employee Portion 995.11 10/13/2025 1010-000-2240 PR Batch 00013.10.2025 Medicare Employee Portion PR Batch 00013.10.2025 Federal Income Tax 6,819.20 10/13/2025 1010-000-2220 PR Batch 00013.10.2025 Federal Income Tax PR Batch 00013.10.2025 FICA Employer Portion 295.34 10/13/2025 1010-000-2240 PR Batch 00013.10.2025 FICA Employer Portion Check Total: 9,400.10
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00013.10.2025 CALIFORNIA SDI 823.52 10/13/2025 1010-000-2260 PR Batch 00013.10.2025 CALIFORNIA SDI PR Batch 00013.10.2025 State Income Tax 2,397.19 10/13/2025 1010-000-2230 PR Batch 00013.10.2025 State Income Tax PR Batch 00013.10.2025 EDD TRAINING TAX 1.81 10/13/2025 1010-000-2260 PR Batch 00013.10.2025 EDD TRAINING TAX PR Batch 00013.10.2025 STATE UNEMPLOYMENT 28.74 10/13/2025 1010-000-2260 PR Batch 00013.10.2025 STATE UNEMPLOYMENT Check Total: 3,251.26
Vendor: 154101 MISSION SQUARE - 303352 Check Sequence: 3 ACH Enabled: False PR Batch 00013.10.2025 DEFERRED COMP-457 1,070.00 10/13/2025 1010-000-2280 PR Batch 00013.10.2025 DEFERRED COMP-457 PR Batch 00013.10.2025 DEFERRED COM-457 - EMPLOYER PD 238.18 10/13/2025 1010-000-2285 PR Batch 00013.10.2025 DEFERRED COM-457 - EM PR Batch 00013.10.2025 DEFERRED COMP 457 - % 1,032.10 10/13/2025 1010-000-2280 PR Batch 00013.10.2025 DEFERRED COMP 457 - % PR Batch 00013.10.2025 457 LOAN REPAY 385.27 10/13/2025 1010-000-2280 PR Batch 00013.10.2025 457 LOAN REPAY Check Total: 2,725.55
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 4 ACH Enabled: True PR Batch 00013.10.2025 EMPLOYEE PERS CONTRIBUTION 4,578.45 10/13/2025 1010-000-2270 PR Batch 00013.10.2025 EMPLOYEE PERS CONTR PR Batch 00013.10.2025 EMPLOYER PAID PERS 6,172.07 10/13/2025 1010-000-2270 PR Batch 00013.10.2025 EMPLOYER PAID PERS AP-Computer Check Proof List by Vendor (10/13/2025 - 2:24 PM) Page 1 Invoice No Description Amount Pmt Date Acct Number Reference Check Total: 10,750.52
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 5 ACH Enabled: False PR Batch 00013.10.2025 UNION DUES 272.22 10/13/2025 1010-000-2290 PR Batch 00013.10.2025 UNION DUES Check Total: 272.22
Total for Check Run:
Total of Number of Checks:
26,399.65
5 AP-Computer Check Proof List by Vendor (10/13/2025 - 2:24 PM) Page 2 User:
Printed: 10/21/2025 - 2:12PM
tina
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00020.10.2025
Invoice No Description Amount Pmt Date Acct Number Reference Vendor: 104500 AT&T (9011) Check Sequence: 1 ACH Enabled: False 0024225589 SERVICE PERIOD: 09/13 THRU 10/12/2025 1.92 10/20/2025 5070-800-7810 0024225589 SERVICE PERIOD: 09/13 THRU 10/12/2025 113.83 10/20/2025 1010-110-7810 0024225589 SERVICE PERIOD: 09/13 THRU 10/12/2025 6.76 10/20/2025 5071-800-7810 0024225589 SERVICE PERIOD: 09/13 THRU 10/12/2025 0.97 10/20/2025 5072-800-7810 0024225590 SERVICE PERIOD: 09/13 THRU 10/12/2025 256.41 10/20/2025 5050-700-7810 0024225591 SERVICE PERIOD: 09/13 THRU 10/12/2025 31.41 10/20/2025 5070-800-7810 Check Total: 411.30
Vendor: 104725 AV CAPTURE ALL, INC. Check Sequence: 2 ACH Enabled: False 3161 COUNCIL AGENDA PROGRAM 5,400.00 10/20/2025 1010-110-7620 Check Total: 5,400.00
Vendor: 105600 BAY ALARM COMPANY Check Sequence: 3 ACH Enabled: False 22525911 PW BUILDING SECURITY MONITORING: 11/01/25 TO 01/31/26 71.46 10/20/2025 5072-800-7730 22525911 PW BUILDING SECURITY MONITORING: 11/01/25 TO 01/31/26 71.47 10/20/2025 5070-800-7730 22525911 PW BUILDING SECURITY MONITORING: 11/01/25 TO 01/31/26 71.47 10/20/2025 5071-800-7730 22525911 PW BUILDING SECURITY MONITORING: 11/01/25 TO 01/31/26 71.47 10/20/2025 5050-700-7730 22529248 PW BUILDING CAMERA SYSTEM: 11/01 THRU 11/30/25 251.73 10/20/2025 5071-800-7730 22529248 PW BUILDING CAMERA SYSTEM: 11/01 THRU 11/30/25 251.73 10/20/2025 5070-800-7730 22529248 PW BUILDING CAMERA SYSTEM: 11/01 THRU 11/30/25 251.73 10/20/2025 5050-700-7730 22529248 PW BUILDING CAMERA SYSTEM: 11/01 THRU 11/30/25 251.73 10/20/2025 5072-800-7730 Check Total: 1,292.79
Vendor: 106401 BLUE SHIELD OF CALIFORNIA Check Sequence: 4 ACH Enabled: False 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 265.94 10/20/2025 1010-560-7120 AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 1 Invoice No Description Amount Pmt Date Acct Number Reference 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 255.88 10/20/2025 5072-800-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 2,004.22 10/20/2025 5050-700-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 664.85 10/20/2025 1010-580-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 170.49 10/20/2025 5090-110-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 53.19 10/20/2025 1010-550-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 1,264.71 10/20/2025 1010-410-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 1,801.22 10/20/2025 5071-800-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 644.73 10/20/2025 5070-800-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 303.45 10/20/2025 2210-260-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 208.11 10/20/2025 2010-210-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 596.84 10/20/2025 1010-110-7120 252870004384 INSURANCE PREMIUMS - NOVEMBER 2025 930.79 10/20/2025 1010-310-7120 Check Total: 9,164.42
Vendor: 106515 BOSS BUSINESS SYSTEMS INC Check Sequence: 5 ACH Enabled: False 467092 COPIER USAGE FOR SEPTEMBER 2025 297.29 10/20/2025 1010-110-7510 Check Total: 297.29
Vendor: 107750 CALIFORNIA BUILDING STANDARDS COMMISSION Check Sequence: 6 ACH Enabled: False 070125-093025 CBSC QUARTERLY FEE: 3RD QUARTER 2025 188.10 10/20/2025 1010-410-5430 Check Total: 188.10
Vendor: 107384 CALIFORNIA LANDSCAPE SUPPLY Check Sequence: 7 ACH Enabled: False 112045 SAND BAG MATERIAL FOR COMMUNITY 964.56 10/20/2025 1010-310-7530 Check Total: 964.56
Vendor: 144410 CHARTER COMMUNICATIONS (7173) Check Sequence: 8 ACH Enabled: False 170080301100125 INTERNET - COMMUNITY CENTER 320.00 10/20/2025 1010-560-7811 Check Total: 320.00
Vendor: 112500 CLARK PEST CONTROL Check Sequence: 9 ACH Enabled: False 38417493 SERVICE PERIOD: OCTOBER 2025 75.00 10/20/2025 1010-210-7730 38417493 SERVICE PERIOD: OCTOBER 2025 75.00 10/20/2025 1010-560-7730 38417493 SERVICE PERIOD: OCTOBER 2025 75.00 10/20/2025 1010-110-7730 AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 2 Invoice No Description Amount Pmt Date Acct Number Reference Check Total: 225.00
Vendor: UB*01989 YESENIA CORNEJO Check Sequence: 10 ACH Enabled: False Refund Check 013019-000, 405 CHURCH ST 76.93 10/15/2025 5071-000-2010 Check Total: 76.93
Vendor: UB*01988 LUKE VAN VLIET & COURTNEY CORWIN Check Sequence: 11 ACH Enabled: False Refund Check 013045-000, 204 MARINA LANE 103.70 10/15/2025 5070-000-2010 Check Total: 103.70
Vendor: 200760 CSG CONSULTANTS, INC. Check Sequence: 12 ACH Enabled: False 63218 BUILDING INSPECTIONS - 08/30 THROUGH 09/26/2025 4,836.00 10/20/2025 1010-410-7190 B251407 PLAN REVIEW - SEPTEMBER 2025 1,916.00 10/20/2025 1010-410-7190 Check Total: 6,752.00
Vendor: 114500 DEPARTMENT OF CONSERVATION Check Sequence: 13 ACH Enabled: False 070125-093025 SMIP FEES: 3RD QUARTER 07/01 THRU 09/30/2025 460.61 10/20/2025 1010-410-7300 Check Total: 460.61
Vendor: 115748 DISCOVERY TREE CARE INC Check Sequence: 14 ACH Enabled: False 1455 TREE & STUMP REMOVAL BEARD PARK 3,500.00 10/20/2025 1010-580-7190 Check Total: 3,500.00
Vendor: 115825 DIVISION OF THE STATE ARCHITECT Check Sequence: 15 ACH Enabled: False 070125-093025 BL STATE FEES: 3RD UARTER 07/01 THRU 09/30/2025 6.80 10/20/2025 1010-000-2601 Check Total: 6.80
Vendor: 200753 GREGORY DONGES Check Sequence: 16 ACH Enabled: False 10212025 UNIFORM & BOOT ALLOWANCE 57.22 10/20/2025 1010-580-7580 10212025 UNIFORM & BOOT ALLOWANCE 30.65 10/20/2025 2210-260-7580 10212025 UNIFORM & BOOT ALLOWANCE 4.08 10/20/2025 1010-550-7580 10212025 UNIFORM & BOOT ALLOWANCE 2.04 10/20/2025 5072-800-7580 10212025 UNIFORM & BOOT ALLOWANCE 20.44 10/20/2025 1010-560-7580 10212025 UNIFORM & BOOT ALLOWANCE 2.04 10/20/2025 5070-800-7580 AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 3 Invoice No Description Amount Pmt Date Acct Number Reference 10212025 UNIFORM & BOOT ALLOWANCE 16.35 10/20/2025 5050-700-7580 10212025 UNIFORM & BOOT ALLOWANCE 51.09 10/20/2025 1010-310-7580 10212025 UNIFORM & BOOT ALLOWANCE 20.44 10/20/2025 5071-800-7580 Check Total: 204.35
Vendor: 121000 GILTON SOLID WASTE MANAGEMENT, INC. Check Sequence: 17 ACH Enabled: False WATESS-0090 STREET SWEEPING: SEPTEMBER 2025 2,500.96 10/20/2025 1010-310-7190 Check Total: 2,500.96
Vendor: 122560 GUARDIAN Check Sequence: 18 ACH Enabled: False 10162025 INSURANCE PREMIUM - NOVEMBER 2025 114.34 10/20/2025 5050-700-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 1.42 10/20/2025 1010-430-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 1.22 10/20/2025 5090-110-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 16.68 10/20/2025 1010-550-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 17.39 10/20/2025 1010-310-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 16.93 10/20/2025 5070-800-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 100.19 10/20/2025 5071-800-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 10.09 10/20/2025 1010-580-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 36.52 10/20/2025 1010-560-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 47.44 10/20/2025 1010-110-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 3.65 10/20/2025 2210-260-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 13.67 10/20/2025 1010-410-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 1.82 10/20/2025 2010-210-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 6.07 10/20/2025 5072-800-7120 10162025 INSURANCE PREMIUM - NOVEMBER 2025 34.09 10/20/2025 1010-210-7120 Check Total: 421.52
Vendor: 124500 HOWK SYSTEMS Check Sequence: 19 ACH Enabled: False 0184020-IN WWTP - LIFT STATION REPAIRS 74.08 10/20/2025 5050-700-7420 Check Total: 74.08
Vendor: 124558 HUMANA INSURANCE CO Check Sequence: 20 ACH Enabled: False 581700786 NOVEMBER INSURANCE PREMIUMS 19.91 10/20/2025 5090-110-7120 581700786 NOVEMBER INSURANCE PREMIUMS 122.00 10/20/2025 1010-110-7120 AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 4 Invoice No Description Amount Pmt Date Acct Number Reference 581700786 NOVEMBER INSURANCE PREMIUMS 7.15 10/20/2025 1010-430-7120 581700786 NOVEMBER INSURANCE PREMIUMS 193.14 10/20/2025 1010-310-7120 581700786 NOVEMBER INSURANCE PREMIUMS 52.61 10/20/2025 5072-800-7120 581700786 NOVEMBER INSURANCE PREMIUMS 19.89 10/20/2025 1010-210-7120 581700786 NOVEMBER INSURANCE PREMIUMS 3.98 10/20/2025 1010-550-7120 581700786 NOVEMBER INSURANCE PREMIUMS 95.73 10/20/2025 1010-580-7120 581700786 NOVEMBER INSURANCE PREMIUMS 590.79 10/20/2025 5050-700-7120 581700786 NOVEMBER INSURANCE PREMIUMS 35.75 10/20/2025 1010-560-7120 581700786 NOVEMBER INSURANCE PREMIUMS 525.05 10/20/2025 5071-800-7120 581700786 NOVEMBER INSURANCE PREMIUMS 7.93 10/20/2025 2010-210-7120 581700786 NOVEMBER INSURANCE PREMIUMS 67.48 10/20/2025 1010-410-7120 581700786 NOVEMBER INSURANCE PREMIUMS 35.75 10/20/2025 2210-260-7120 581700786 NOVEMBER INSURANCE PREMIUMS 127.52 10/20/2025 5070-800-7120 Check Total: 1,904.68
Vendor: 126570 J.B. ANDERSON LAND USE PLANNING Check Sequence: 21 ACH Enabled: False 457 FAHMY SUBDIVISION 1,687.50 10/20/2025 1010-430-7195 457* GENERAL PLANNING SERVICES - SEPTEMBER 5,241.30 10/20/2025 1010-430-7195 458 HOUSING ELEMENT - SEPTEMBER 950.55 10/20/2025 1010-430-7197 Check Total: 7,879.35
Vendor: 128906 LECHOWICZ & TSENG Check Sequence: 22 ACH Enabled: False 002 WATER RATE STUDY: PROGRESS #2 - 09/01 THROUGH 09/30/2025 3,465.00 10/20/2025 5075-800-7190 Check Total: 3,465.00
Vendor: 131936 MICROBAC LABORATORIES INC C/O DOLLAR BANK Check Sequence: 23 ACH Enabled: False L510313 WWTP - PLANT SAMPLES 210.00 10/20/2025 5050-700-7190 L511627 WWTP - PLANT SAMPLES 220.00 10/20/2025 5050-700-7190 Check Total: 430.00
Vendor: 131898 MID VALLEY IT Check Sequence: 24 ACH Enabled: False 697 MONTHLY IT SERVICES 3,944.38 10/20/2025 1010-110-7195 Check Total: 3,944.38
AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 5 Invoice No Description Amount Pmt Date Acct Number Reference Vendor: 131900 MID-VALLEY PUBLICATIONS Check Sequence: 25 ACH Enabled: False 357014 NOTICE TO CONTRACTORS - HICKMAN WATER CONSOLIDATION 116.55 10/20/2025 1010-110-7720 357072 PUBLIC HEARING - LEGAL #16916 90.65 10/20/2025 1010-110-7710 Check Total: 207.20
Vendor: 134500 NBS GOVERNMENT FINANCE GROUP Check Sequence: 26 ACH Enabled: False 202510-3402 CFD ANNEXATION #2 - WATERSTONE D, E AND PECAN 2,500.00 10/20/2025 1010-430-7190 Check Total: 2,500.00
Vendor: 135350 OAK VALLEY HOSPITAL Check Sequence: 27 ACH Enabled: False 09232025 MENDES - WC 281.00 10/20/2025 5050-700-7730
Check Total: 281.00
Vendor: 135325 O'REILLY AUTO PARTS Check Sequence: 28 ACH Enabled: False 3915-355919 WWTP - DRILL 21.56 10/20/2025 5050-700-7550 3915-356036 2016 CHEV 2500HD - REPAIR CHECK ENGINE LIGHT 6.17 10/20/2025 5072-800-7430 3915-356036 2016 CHEV 2500HD - REPAIR CHECK ENGINE LIGHT 12.34 10/20/2025 5070-800-7430 3915-356036 2016 CHEV 2500HD - REPAIR CHECK ENGINE LIGHT 43.16 10/20/2025 5071-800-7430 Check Total: 83.23
Vendor: UB*01986 STEVEN PARKS CASH OFFERS LLC Check Sequence: 29 ACH Enabled: False Refund Check 013146-000, 877 KIM CT 72.42 10/15/2025 5072-000-2010 Check Total: 72.42
Vendor: 136600 PG&E Check Sequence: 30 ACH Enabled: False 1072630078-10 SERVICE PERIOD: 09/16 THROUGH 10/15/2025 8.34 10/20/2025 1010-310-7820 1072630078-10 SERVICE PERIOD: 09/16 THROUGH 10/15/2025 8.33 10/20/2025 1010-580-7820 1549682036-10 SERVICE PERIOD: 09/16 THROUGH 10/15/2025 64.86 10/20/2025 1010-560-7820 3023936607-10 SERVICE PERIOD: 09/16 THROUGH 10/15/2025 16.68 10/20/2025 1010-210-7820 3351656782-10 SERVICE PERIOD: 09/16 THROUGH 10/15/2025 8.66 10/20/2025 1010-550-7820 5334599333-10 SERVICE PERIOD: 09/16 THROUGH 10/15/2025 8.12 10/20/2025 1010-110-7820 Check Total: 114.99
Vendor: 139055 PROCLEAN SUPPLY Check Sequence: 31 ACH Enabled: False AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 6 Invoice No Description Amount Pmt Date Acct Number Reference 609218 GLOVES FOR ALL DEPARTMENTS 51.75 10/20/2025 1010-580-7510 609218 GLOVES FOR ALL DEPARTMENTS 10.36 10/20/2025 5070-800-7510 609218 GLOVES FOR ALL DEPARTMENTS 5.18 10/20/2025 5072-800-7510 609218 GLOVES FOR ALL DEPARTMENTS 51.75 10/20/2025 1010-310-7510 609218 GLOVES FOR ALL DEPARTMENTS 17.76 10/20/2025 5050-700-7510 609218 GLOVES FOR ALL DEPARTMENTS 36.21 10/20/2025 5071-800-7510 Check Total: 173.01
Vendor: UB*01987 SIERRA VISTA CHILD & FAMILY SERVICE Check Sequence: 32 ACH Enabled: False Refund Check 010511-000, 12617 BENTLEY ST 65.76 10/15/2025 5071-000-2010 Check Total: 65.76
Vendor: 209939 DYLAN SNAPP Check Sequence: 33 ACH Enabled: False 402 SECURITY PATROL: OCTOBER 2025 175.00 10/20/2025 5050-700-7300 402 SECURITY PATROL: OCTOBER 2025 100.00 10/20/2025 5070-800-7300 402 SECURITY PATROL: OCTOBER 2025 175.00 10/20/2025 5071-800-7300 402 SECURITY PATROL: OCTOBER 2025 50.00 10/20/2025 5072-800-7300 Check Total: 500.00
Vendor: 146100 STANISLAUS COUNTY AUDITOR-CONTROLLER Check Sequence: 34 ACH Enabled: False 070125-093025 COUNTY IMPACT FEES; 3RD QUARTER 07/01 THRU 09/30/2025 -1,111.43 10/20/2025 1010-410-6560 070125-093025 COUNTY IMPACT FEES; 3RD QUARTER 07/01 THRU 09/30/2025 111,143.93 10/20/2025 2100-000-2100 Check Total: 110,032.50
Vendor: 200708 STANISLAUS COUNTY PUBLIC WORKS Check Sequence: 35 ACH Enabled: False 8388 CNG FUEL FOR STREETS 47.69 10/20/2025 1010-310-7520 Check Total: 47.69
Vendor: 146900 STANISLAUS COUNTY SHERIFF Check Sequence: 36 ACH Enabled: False 2526-08 SHERIFF CONTRACT - AUGUST 2025 218,628.65 10/20/2025 1010-210-7170 Check Total: 218,628.65
Vendor: 149532 TENNYSON ELECTRIC, LLC Check Sequence: 37 ACH Enabled: False 3 PASADENA SIGNALIZATION - 08/01 THROUGH 08/31/2025 99,149.12 10/20/2025 6310-310-8293 AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 7 Invoice No Description Amount Pmt Date Acct Number Reference Check Total: 99,149.12
Vendor: 143300 THATCHER COMPANY, INC. Check Sequence: 38 ACH Enabled: False 2025250105638 CHLORINE: WELL #303 BONNIE BRAE 2,298.02 10/20/2025 5071-800-7510 2025250105639 CHLORINE: WELL #1 & 2 - FOUNTAIN DRIVE, RIVERPOINTE 1,074.08 10/20/2025 5070-800-7510 2025250105640 CHLORINE: WELL #302 - S. REINWAY 763.79 10/20/2025 5071-800-7510 2025250105641 CHLORINE: WELL #286 - N. REINWAY 746.55 10/20/2025 5071-800-7510 2025250105642 CHLORINE: WELL #242 - DORSEY STREET 1,013.75 10/20/2025 5071-800-7510 2025250105643 CHLORINE: WELL #272 - LAKE RD., HICKMAN 815.51 10/20/2025 5072-800-7510 2025250105644 CHLORINE: WELL #309 - 6TH STREET, HICKMAN 1,099.94 10/20/2025 5072-800-7510 Check Total: 7,811.64
Vendor: 152772 UMPQUA BANK COMMERCIAL CARD OPS Check Sequence: 39 ACH Enabled: False 09302025 SEE AP FILE FOR INVOICING BACK UP 503.16 10/20/2025 1010-110-7540 09302025 SEE AP FILE FOR INVOICING BACK UP 33.04 10/20/2025 1010-110-7732 09302025 SEE AP FILE FOR INVOICING BACK UP 34.95 10/20/2025 5072-800-7516 09302025 SEE AP FILE FOR INVOICING BACK UP 13.36 10/20/2025 5070-800-7740 09302025 SEE AP FILE FOR INVOICING BACK UP 243.80 10/20/2025 1010-110-7510 09302025 SEE AP FILE FOR INVOICING BACK UP 244.67 10/20/2025 5071-800-7516 09302025 SEE AP FILE FOR INVOICING BACK UP 194.81 10/20/2025 1010-110-7515 09302025 SEE AP FILE FOR INVOICING BACK UP 46.75 10/20/2025 5071-800-7740 09302025 SEE AP FILE FOR INVOICING BACK UP 418.39 10/20/2025 5050-700-7420 09302025 SEE AP FILE FOR INVOICING BACK UP 69.90 10/20/2025 5070-800-7516 09302025 SEE AP FILE FOR INVOICING BACK UP 82.93 10/20/2025 1010-110-7730 09302025 SEE AP FILE FOR INVOICING BACK UP 6.68 10/20/2025 5072-800-7740 09302025 SEE AP FILE FOR INVOICING BACK UP 1,237.83 10/20/2025 1010-110-7731 09302025 SEE AP FILE FOR INVOICING BACK UP 20.44 10/20/2025 5050-700-7510 Check Total: 3,150.71
Vendor: 101225 UNITED SITE SERVICES COMPANY (A & A PORTABLES) Check Sequence: 40 ACH Enabled: False 114-14138644 HERITAGE DAYS BATHROOMS 506.05 10/20/2025 1010-110-7731 Check Total: 506.05
Vendor: 154141 VERIZON Check Sequence: 41 ACH Enabled: False AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 8 Invoice No Description Amount Pmt Date Acct Number Reference 6125518935 SERVICE PERIOD: 09/09 THROUGH 10/08/25 8.95 10/20/2025 5072-800-7810 6125518935 SERVICE PERIOD: 09/09 THROUGH 10/08/25 62.61 10/20/2025 5071-800-7810 6125518935 SERVICE PERIOD: 09/09 THROUGH 10/08/25 17.90 10/20/2025 5070-800-7810 6125518935 SERVICE PERIOD: 09/09 THROUGH 10/08/25 56.14 10/20/2025 1010-110-7810 6125518935 SERVICE PERIOD: 09/09 THROUGH 10/08/25 89.46 10/20/2025 5050-700-7810 Check Total: 235.06
Total for Check Run:
Total of Number of Checks:
493,546.85
41 AP-Computer Check Proof List by Vendor (10/21/2025 - 2:12 PM) Page 9 User:
Printed: 10/27/2025 - 12:19PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00027.10.2025
Invoice No Description Amount Pmt Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00027.10.2025 FICA Employee Portion 308.29 10/27/2025 1010-000-2240 PR Batch 00027.10.2025 FICA Employee Portion PR Batch 00027.10.2025 Medicare Employee Portion 987.84 10/27/2025 1010-000-2240 PR Batch 00027.10.2025 Medicare Employee Portion PR Batch 00027.10.2025 Federal Income Tax 6,651.46 10/27/2025 1010-000-2220 PR Batch 00027.10.2025 Federal Income Tax PR Batch 00027.10.2025 Medicare Employer Portion 987.84 10/27/2025 1010-000-2240 PR Batch 00027.10.2025 Medicare Employer Portion PR Batch 00027.10.2025 FICA Employer Portion 308.29 10/27/2025 1010-000-2240 PR Batch 00027.10.2025 FICA Employer Portion Check Total: 9,243.72
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00027.10.2025 CALIFORNIA SDI 817.50 10/27/2025 1010-000-2260 PR Batch 00027.10.2025 CALIFORNIA SDI PR Batch 00027.10.2025 STATE UNEMPLOYMENT 17.58 10/27/2025 1010-000-2260 PR Batch 00027.10.2025 STATE UNEMPLOYMENT PR Batch 00027.10.2025 State Income Tax 2,304.78 10/27/2025 1010-000-2230 PR Batch 00027.10.2025 State Income Tax PR Batch 00027.10.2025 EDD TRAINING TAX 1.12 10/27/2025 1010-000-2260 PR Batch 00027.10.2025 EDD TRAINING TAX Check Total: 3,140.98
Vendor: 154101 MISSION SQUARE - 303352 Check Sequence: 3 ACH Enabled: False PR Batch 00027.10.2025 DEFERRED COMP-457 1,070.00 10/27/2025 1010-000-2280 PR Batch 00027.10.2025 DEFERRED COMP-457 PR Batch 00027.10.2025 457 LOAN REPAY 385.27 10/27/2025 1010-000-2280 PR Batch 00027.10.2025 457 LOAN REPAY PR Batch 00027.10.2025 DEFERRED COMP 457 - % 1,032.10 10/27/2025 1010-000-2280 PR Batch 00027.10.2025 DEFERRED COMP 457 - % PR Batch 00027.10.2025 DEFERRED COM-457 - EMPLOYER PD 238.18 10/27/2025 1010-000-2285 PR Batch 00027.10.2025 DEFERRED COM-457 - EM Check Total: 2,725.55
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 4 ACH Enabled: True PR Batch 00027.10.2025 EMPLOYEE PERS CONTRIBUTION 4,583.14 10/27/2025 1010-000-2270 PR Batch 00027.10.2025 EMPLOYEE PERS CONTR PR Batch 00027.10.2025 EMPLOYER PAID PERS 6,176.90 10/27/2025 1010-000-2270 PR Batch 00027.10.2025 EMPLOYER PAID PERS AP-Computer Check Proof List by Vendor (10/27/2025 - 12:19 PM) Page 1 Invoice No Description Amount Pmt Date Acct Number Reference Check Total: 10,760.04
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 5 ACH Enabled: False PR Batch 00027.10.2025 UNION DUES 276.25 10/27/2025 1010-000-2290 PR Batch 00027.10.2025 UNION DUES Check Total: 276.25
Total for Check Run:
Total of Number of Checks:
26,146.54
5 AP-Computer Check Proof List by Vendor (10/27/2025 - 12:19 PM) Page 2 Consent Calendar 3c
November 6, 2025
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held October 2, 2025.
SUMMARY:
Consider approving minutes from the October 2, 2025 Regular City Council meeting.
ANALYSIS:
Approve Minutes of the Regular City Council Meeting held on October 2, 2025.
FISCAL IMPACT:
N/A
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Direct the City Clerk to make amendments to the minutes and bring them back for approval at a future City Council meeting.
2. Take no action.
ATTACHMENTS:
• City Council Regular Meeting Minutes of October 2, 2025.
MINUTES
WATERFORD CITY COUNCIL - REGULAR
MEETING WATERFORD CITY HALL, CITY
COUNCIL CHAMBERS 101 “E” STREET,
WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR GOEKEN AT: 6:30 pm
FLAG SALUTE: Mayor Goeken
INVOCATION: Pastor Dave McGaffee, Assembly of God Church ROLL CALL PRESENT:
Mayor Goeken
Vice Mayor Hilton
Councilmember Harris
Councilmember Gutierrez
Councilmember Talbott
ABSENT: None
STAFF PRESENT:
Michael Pitcock, City Manager
Patricia Krause, City Clerk / Administrative Services Director Lonnie Statzer, Public Works Director
Corbett Browning, City Attorney
Chief David Mullins
ADOPTION OF AGENDA:
ACTION: Moving and seconded by motion (VM Hilton / CM Talbott / 5-0) to adopt the Agenda.
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
WATERFORD CITY COUNCIL REGULAR MEETING – October 2, 2025 - 6:30 PM CONFLICT OF INTEREST DECLARATION:
None.
1. Numerous members of the audience came up and spoke about their dissatisfaction with Councilmember Talbott, regarding the letter written by Mrs. Talbott as a Committee Member of the Stanislaus County Democratic Party.
Many members of the audience shared their support of Councilmember Talbott.
Jamie Franscrlla of 525 Brigadoon Ln. asked to get a letter from the City stating what the issues were on the water billing.
Nathan Alonzo of P.G.&E introduced himself as the representative for Waterford.
2. 3.
3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Adopting Resolution 2025-55, Approving the Warrant Register in the Amount of $831,905.77 for the Period of September 9 to September 23, 2025. 3c: MOTION: Approving Minutes of the Regular City Council and Special Council Meetings held September 18, 2025.
3d: MOTION: Accepting the Treasurer’s Report for the Quarter Ended June 30, 2025.
ACTION: Moving and seconded by motion (VM Hilton/ CM Talbott/ 5-0) to adopt the Consent Calendar.
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
4. COMMUNICATIONS FROM THE AUDIENCE
PRESENTATION
FINAL READINGS
ADOPTION OF CONSENT CALENDAR
5. 6.
6a: RESOLUTION: Approving Resolution 2025-56, Giving Notice of Its Intent to Record a Lot Line Adjustment at the Lot Line Share with the City Owned F Street Basin Lot and 524 N. Western Avenue Property. (Marler)
ACTION: Moving and seconded by motion (CM Talbott / VM Hilton/ 5-0) to Approve Resolution 2025-56, Giving Notice of Its Intent to Record a Lot Line Adjustment at the Lot Line Share with the City Owned F Street Basin Lot and 524 N. Western Avenue Property.
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
6b: RESOLUTION: Approving Resolution 2025-57, Approving Final Year End Budget Adjustments for FY 2024-2025.(Envia)
ACTION: Moving and seconded by motion (VM Hilton / CM Harris 5-0) to Approve Resolution 2025-57, Approving Final Year End Budget Adjustments for FY 2024-2025.
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
6c: MOTION: Awarding Bid and Approving an Agreement with First Serve Productions Inc, in the Amount of $143,240.00 for Project No. 2025-08, “Tennis Court Remodel” and Authorizing the City Manager to Execute the Public Improvement Agreement. (Statzer) ACTION: Moving and seconded by motion (CM Talbott / CM Gutierrez 5-0) to Award Bid and Approve an Agreement with First Serve Productions Inc, in the Amount of $143,240.00 for Project No. 2025-08, “Tennis Court Remodel” and Authorizing the City Manager to Execute the Public Improvement Agreement.
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NAYS: None
ABSENT: None
ABSTAIN: None
Motion passed 5-0.
GENERAL BUSINESS
PUBLIC HEARINGS
7. 8.
8a: City Project List
8b: My Waterford Request Report
9. 9a: City Staff
Public Works Director Statzer gave an update on the Pasadena Signal Project and reminded all that Western Heritage Days was being held this Saturday, October 4 th. Mr. Statzer also addressed the
concerns of mosquitos at the parks.
Chief Mullins had no comments.
City Clerk Krause had no comments.
City Attorney Browning stated there would be no closed session.
City Manager Pitcock had no comments.
9b: City Council
Vice Mayor Hilton commented that he will see everyone at Western Heritage Days.
Councilmember Talbott acknowledge the citizens’ comments and stated that she was sorry if she ever gave the impression that she does not support their belief or faith.
Councilmember Gutierrez encouraged people to attend Western Heritage Days and that there would be over 30 vendors. Ms. Gutierrez informed all that Walk to School day would be happening the following week.
Councilmember Harris thanked citizens for coming to the meeting.
Mayor Goeken thanked citizens for coming to the meeting,
10. ACTION: By motion moved and seconded (CM Talbott / VM Hilton / 5-0) to adjourn the meeting at 7:46 pm.
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NAYS: None
ADJOURNMENT / RECESS
STAFF/COUNCIL COMMENTS AND MEETING REPORTS
INFORMATIONAL ITEMS
SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY ABSENT: None
ABSTAIN: None
Motion passed 5-0.
11. 11a: “CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION” (Pursuant to Government Code Section 54956.9)
- Burciago V. City of Waterford
11b: “CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION” (Pursuant to Government Code Section 54956.9)
- Barker – Claim # 2025-03
12. 12.
PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on October 16th, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF WATERFORD:
________________________
Charlie Goeken, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk
CLOSED SESSION
REPORT OUT OF CLOSED SESSION
Consent 3d
November 6,2025
Tina Envia, Finance Manager
City Council Staff Report
Motion: Accept Compliance with Developer Fees report in accordance with the requirements of Section 66006 of the Government Code.
SUMMARY:
Section 66006(b)(1) of the Government Code requires each local agency to make a public report on developer fees after the close of each fiscal year. The required report consists of a brief description of the fee type in the account or fund, the amount of the fee, the beginning and ending balance of the account or fund, the amount of fees collected, and the interest earned.
The City is also required by State law to spend or commit developer fees within five years of collection.
If fees remain unexpended or uncommitted five years after being collected, the City is to make a finding that there remains a reasonable relationship between the current need for the fees and the purposes for which they were originally collected.
FISCAL IMPACT:
See attached accounting by Fund of the City’s Developer Fees.
ANALYSIS:
The City is in compliance with the requirements of Government Code section 66006 governing the accounting and reporting for Developer Fees.
ATTACHMENTS:
• AB1600 Report
CITY OF WATERFORD
AB1600 REPORT
July 1, 2024- June 30, 2025
Page
Administration and Planning Fee 1
City Facility Fee 2
Water Fee 3
Drainage Fee 4
Wastewater Collection 5
Parks and Recreation Fee 6
Police Fee 7
Traffic Fee 8
Wastewater Treatment 9
TABLE OF CONTENTS
Waterford 24-25 AB1600 report
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for staff and administrative time to review and process projects. (B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $569.78 $455.83 $284.89 $284.89 $284.89 $284.89 $284.89 New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $569.78 $455.83 $284.89 $284.89 $284.89 $284.89 $284.89 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $24,885.65 and an ending balance as of June 2025 in the amount of $26,181.77.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $1,598.41 and interest earned $697.71 for a total of $2,296.12. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
A transfer of $1,000 to the General Fund was made for administrative expenses. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
ADMINISTRATION AND PLANNING FEE
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for needed maintenance and improvements to City Facilities.
(B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Residential
Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $1,405.57 $1,123.91 $702.10 $702.10 $702.10 $702.10 $702.10 New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Residential
Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $1,405.57 $1,123.91 $702.10 $702.10 $702.10 $702.10 $702.10 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $0.00 and an ending balance as of June 2025 in the amount of $0.00.
`
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $3,942.49; and interest earned $42.84 for a total of $3,985.33. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
The new public works building was completed in fiscal 2021 for a total cost of $412,183.90. $3,985.33 of funds were transferred in this fiscal year for these costs. Funds will be allocated as more funds are accumulated. A balance of $267,262.43 is still reimbursable for this Project. (G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
A transfer of $3,985.33 was made to the General Fund for the new public works building costs. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
CITY FACILITY FEE
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for expansion of the water system that is necessary to support new growth (B) THE AMOUNT OF THE FEE.
Existing City Limits & New Annexation
Meter
Size 1 1.5 2 3 4 6
Year
2025 $6,239.82 $15,599.54 $24,959.26 $54,598.39 $93,597.24 $194,994.25 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $0.00 and an ending balance as of June 2025 in the amount of $12,530.78.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $12,479.64 and interest earned $51.14 for a total of $12,530.78. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year, the fund still has $153,952.80to reimburse for the Water Consolidation allowed costs of $812,500.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
WATER FEE
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for facilities necessary to handle storm water run-off to support new growth. (B) THE AMOUNT OF THE FEE.
Existing City Limits
Single Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
New Annexation
Single Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $3,404.24 $851.06 $2,042.54 $2,042.54 $2,042.54 $2,042.54 $2,042.54 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $5,963.80 and an ending balance as of June 2025 in the amount of $6,183.52.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $0.00 and interest earned $219.72 for a total of $219.72. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
AB1600 REPORT
DRAINAGE FEE
CITY OF WATERFORD
2024-2025
WASTEWATER FEE (Collection)
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for expansion of the sewer system that is necessary to support new growth (B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $5,712.65 $5,712.65 $5,712.65 $5,712.65 $5,712.65 $5,712.65 $5,712.65 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $40,135.86 and an ending balance as of June 2025 in the amount of $41,614.67.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $0.00 and interest earned $1,478.81 for a total of $1,478.81. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for maintenance and improvements to the city parks.
(B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $5,610.80 $4,488.64 $0.00 $0.00 $0.00 $0.00 $0.00
New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $5,610.80 $4,488.64 $0.00 $0.00 $0.00 $0.00 $0.00
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $127,657.34 and an ending balance as of June 2025 in the amount of $148,270.49.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $15,739.98 and interest earned $4,873.17 total $20,613.15. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
PARKS AND RECREATION FEE
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for maintenance and improvements to police facilities and equipment (B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $759.71 $607.77 $379.86 $379.86 $379.86 $379.86 $379.86 New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $759.71 $607.77 $379.86 $379.86 $379.86 $379.86 $379.86 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $0.00 and an ending balance as of June 2025 in the amount of $2,154.16.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $2,131.22 and interest earned $22.94 total $2,154.16. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code. 2024-2025
POLICE FEE
CITY OF WATERFORD
AB1600 REPORT
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for street signs and traffic congestion reductions needed (B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $8,564.93 $6,851.95 $6,851.95 $6,851.95 $3,425.97 $2,055.58 $2,055.58 New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $8,564.93 $6,851.95 $6,851.95 $6,851.95 $3,425.97 $2,055.58 $2,055.58 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $781,104.21 and an ending balance as of June 2025 in the amount of $833,858.86.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $24,027.22 and interest earned $28,727.43 for a total of $52,754.65. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
TRAFFIC FEE
WASTEWATER FEE (Treatment)
(A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for expansion of the sewer system that is necessary to support new growth (B) THE AMOUNT OF THE FEE.
Existing City Limits
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $4,007.48 $4,007.48 $4,007.48 $4,007.48 $4,007.48 $4,007.48 $4,007.48 New Annexation
Single
Family Multi Family Commercial Office Industrial Warehouse Other NonResidential Uses
Year (Per Unit) (Per Unit) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) (Per 1000 sq. ft.) 2025 $4,007.48 $4,007.48 $4,007.48 $4,007.48 $4,007.48 $4,007.48 $4,007.48 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2024, there was a beginning balance for this account in the amount of $381,705.48 and an ending balance as of June 2025 in the amount of $403,817.54.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected $8,014.96 and interest earned $14,097.10 for a total of $22,112.06. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF WATERFORD
AB1600 REPORT
2024-2025
Consent Item 3e
November 6, 2025
Tina Envia, Finance Manager
City Council Staff Report
Motion: Accepting the Treasurer’s Report for the Quarter Ended September 30, 2025.
SUMMARY:
Accept the Treasurer’s Report for the Quarter that ended September 30, 2025. The report is provided for informational purposes to keep the City Council informed as to the nature of the City’s investments and cash position.
ANALYSIS:
The City Treasurer is required to report quarterly to the City Council on the status of the cash and investments held by the City of Waterford. Attached is the report for the quarter ended September 30, 2025. Total cash and investments held by the City at September 30, 2025 totaled $6,637,643. The attached report details these amounts by account and Fund. The current investments held by the City of Waterford are in compliance with the Investment Policy and the City has sufficient cash flow to meet the City’s expected expenditures for the next six months.
FISCAL IMPACT:
The report is a disclosure of the cash and investments balance as of September 30, 2025.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Do not accept the Treasurer’s Report. This is not recommended, as Section 53646 of the California Government Code states the Treasurer or Chief Fiscal Officer shall render a report to the City Council and City Manager, at least quarterly, detailing information on all securities, investments and moneys of the City.
2. Provide direction to Staff.
3. Accept the Treasurers Report as presented.
ATTACHMENTS:
• Treasurer’s Quarterly Report for the quarter ended September 30, 2025 Prepared By: Tina Envia
Finance Manager
PORTFOLIO Interest Earned Current Prior Quarter
FINANCIAL INSTITUTION YIELD PERCENT for the Quarter Balance Balance Bank of the West - Checking 0.00% 16.46% $ - $ 1,092,259 $ 2,664,005 Bank of the West - Payroll 0.00% 0.04% $ - $ 2,661 $ 2,657 Chandler Asset Management
CSJVRMA Investment Pool 1.32% 27.64% $ 14,343 $ 1,834,928 $ 1,820,585 State of California - LAIF Funds (PFA) 4.27% 1.21% $ 873 $ 80,550 $ 79,677 State of California - LAIF Funds (City) 4.27% 54.65% $ 39,309 $ 3,627,245 $ 3,587,936 TOTAL FOR THE CITY OF WATERFORD 100% $ 54,525 $ 6,637,643 $ 8,154,860 The current investments held by the City of Waterford are in compliance with the Investment Policy and the City has sufficient cash flow to meet the City's expected expenditures for the next six months. The current balance represents the market value of the investments for all accounts except for the Investments - Bank of the West which are reflected at cost.
Supplemental information is provided concerning the market value of that account.
TREASURER'S QUARTERLY REPORT
September 30, 2025
City of Waterford
Cash Balance By Fund
Treasurers Report 9-30-2025
Fund Fund General/Investments Payroll Laif
Number Description Balance Balance WPFA Total
1010 General Fund 2,554,855 2,661 2,557,516
2005 Special Business Pilot Program 23,076 23,076
2010 Abandoned Vehicle Abatement 37,673 37,673
2030 CDBG Rehab Grant 0 0
2050 Gas Tax 67,254 67,254
2060 Housing Rehab Loans 0 0
2070 HCD Home Program 427,762 427,762
2080 CDBG Consortium (1) (3,792) (3,792)
2091 Impact Fee Admin/Planning 35,563 35,563
2092 Impact Fee City Facilities 21,581 21,581
2093 Impact Fee Water 94,392 94,392
2100 Impact Fees Due to County 111,144 111,144
2110 Impact Fee Drainage 6,225 6,225
2121 Impact Fee Sewer Collection 41,895 41,895
2131 Impact Fee Parks and Rec 226,606 226,606
2151 Impact Fee Police 14,403 14,403
2170 Impact Fee Public Works 0 0
2171 Impact Fee Traffic 957,947 957,947
2191 Impact Fee Wastewater 464,809 464,809
2210 Lighting Landscaping District (3) (18,968) (18,968) 2230 Lighting District 113,244 113,244
2240 CFD 2019-1 17,401 17,401
2270 Local Transportation Fund 0 0
2290 Parks & Recreation Programs 2,682 2,682
2330 RDA Obligation Retirement Fund (3) (51,361) (51,361) 4350 Wastewater Improvements 422,445 422,445
5050 Wastewater Treatment Plant 316,683 316,683
5070 River Pointe Water System (2) (26,598) (26,598)
5071 Waterford Water System 485,257 485,257
5072 Hickman Water System (2) (73,377) (73,377)
5075 Waterford Water CIP 403,917 403,917
5076 Hickman Water CIP (2) (44,356) (44,356)
5090 Waterford Public Financing Authority 294,483 80,550 375,033 6310 CIP Streets (1) (1,038,670) (1,038,670)
6320 CIP Streets Measure L 670,257 670,257
6580 CIP Parks 0 0
$ 6,554,432 $ 2,661 $ 80,550 $ 6,637,643
From Summary: $ 6,637,643
Difference $ -
(1) Grant funds and or Measure L will cover the deficit. (2) Combined Water Funds will cover deficits in Hickman and River Pointe. (3) Assessments/Tax Increment to be collected in January will cover the deficit.
Public Hearing 5a
November 6, 2025
Mike Pitcock, City Manager
City Council Staff Report
Ordinance: First Reading and Introduction of Ordinance 2025-04 Amending Waterford Municipal Code Title 15, Entitled “Building and Construction,” Chapter 15.04 Entitled “California Building Codes,” by Amending Sections 15.04.010 and
15.04.020.
SUMMARY:
The City Council is being asked to Amend the Waterford Municipal Code Ordinance Title 15 entitled “Building and Construction,” Chapter 15.04 entitled “California Building Codes,” by amending Sections
15.04.010 entitled “Definitions” and 15.04.020 entitled “California Building Codes adopted,” and formally adopt the 2025 California Building Codes.
ANALYSIS:
The California Building Codes are reviewed and updated triennially to reflect the latest construction standards and requirements to provide for the health and safety of the public. The City of Waterford ordinance was last updated in December 2022 to reflect the adoption of the 2022 California Building Codes. The 2025 California Building Codes have been adopted by the State of California and will go into effect January 1, 2026. Municipalities, generally, formally adopt the building codes and indicate any modifications they would like to make to the codes. While the California Building Code does allow municipalities to make changes to the codes, any changes shall be more restrictive. A municipality can’t dismiss or choose to reduce standards called for in the California Building Codes.
It is recommended City Council amend Sections 15.04.010 entitled “Definitions” and 15.04.020 entitled “California Building Codes adopted,” to specify the new 2025 California Building Codes. The proposed changes only adopt the 2025 California Building Codes and does not recommend any changes.
FISCAL IMPACT:
The ordinance revision itself does not impact the City financially as the revisions are only adding regulations required by the State of California as it relates to building codes and permitting requirements.
ENVIRONMENTAL REVIEW:
The City finds and determines with certainty that Code Text Amendment 2025-04 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), and that the activity is covered under the general rule that CEQA applies to only projects which have the potential for causing a significant effect on the environment.
PUBLIC NOTICE:
In accordance with the City’s Municipal Code, a Public Notice was published in the Waterford News on October 14, 2025.
ODINANCE REVISION PROCESS:
Ordinance 2025-04 is before the City Council for a public hearing to consider approving the Introduction and First Reading by title only. A summary of the Ordinance will be published in the Waterford News and will come back to the City Council as a public hearing item at the next council meeting to consider the Second Reading by title and Adoption. After adoption, an Ordinance Summary will be published in the Waterford News and will become effective and in full force on and after thirty (30) days of its passage and adoption.
ALTERNATIVES
1. Not approve the ordinance revision. This is not recommended as the proposed ordinance edits and additions are state mandated requirements.
2. Defer approval of the ordinance to a future council date and provide staff direction on council desired changes.
ATTACHMENTS:
• Ordinance 2025-04
• Public Hearing Notice
ORDINANCE 2025-04
ORDINANCE NO. 2025-04
AN ORDINANCE OF THE WATERFORD CITY COUNCIL AMENDING WATERFORD MUNICIPAL CODE TITLE 15 ENTITLED “BUILDING AND CONSTRUCTION,” CHAPTER
15.04 ENTITLED “CALIFORNIA BUILDING CODES,” BY AMENDING SECTIONS 15.04.010 AND 15.04.020
WHEREAS, the City of Waterford is amending Municipal Code Title 15 entitled “BUILDING AND CONSTRUCTION,” Chapter 15.04 entitled “California Building Codes” by amending Sections
15.04.010 and 15.04.020; and
THE CITY COUNCIL OF THE CITY OF WATERFORD, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 15 entitled “Building and Construction” is hereby amended as follows:
Stricken through text represents deletions to the Waterford Municipal Code, and underlined text represents additions to the Waterford Municipal Code.
TITLE 15
BUILDINGS AND CONSTRUCTION
15.04.010 Definitions.
Certain words and phrases are defined in this section to clarify their use in this chapter and in the California Building Codes. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.
A. “Building official” or “building inspector” means and includes the building official and building inspector of the city and authorized representatives.
B. “Building site” means and includes the land occupied or to be occupied by a structure or accessory structure, together with any minimum distance between buildings and property lines required by this chapter or this code.
C. “Chief” or “chief of the fire department” or “fire chief” means and includes the chief of the Stanislaus Consolidated Fire Protection District and authorized representatives.
D. “Chief of police” or “police department” means and includes the chief of police of the city and authorized representatives.
E. “City” or “jurisdiction” or “municipality” means the city of Waterford.
F. “Code” means and includes, depending upon the context of its use, the Waterford Municipal Code, or any statute, or any published compilation of rules, regulations, or standards adopted by the federal government or the state of California, or by any agency of either of them. Code shall include any nationally recognized or approved published compilations
ORDINANCE 2025-04
or proposed rules, regulations, or standards of any private organization or institution that has been in existence for a period of at least three years.
G. “Fire department” means the Stanislaus Consolidated Fire Protection District.
H. “Health officer” means and includes the county health officer for Stanislaus County and his or her authorized representatives.
I. “Primary code” means and includes any code that is directly adopted by reference, in whole or in part, by this chapter.
J. “Published” means issued in print, lithographed, multigraphed, mimeographed, or similar form.
K. “Secondary code” means and includes any code that is incorporated by reference, directly or indirectly, in any primary code or in any secondary code.
L. “California Administrative Code” means that certain document in book form entitled “California Administrative Code, 2022 2025 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
M. “California Building Code” means that certain document in book form entitled “California Building Code, 2022 2025 Edition,” published by the International Code Council, copyright by California Building Standards Commission. “California Building Code” shall include all appendices thereof.
N. “California Building Code Standards” means that certain document in book form entitled “California Building Code Standards, 2013 Edition California Code of Regulations Title 24, 2022 2025 Edition of the California Buildings Standards Code, including all appendices thereof,” published by the International Code Council, copyright by California Building Standards Commission.
O. “California Building Codes” means and includes all of the following primary codes:
1. 2022 2025 California Administrative Code, Part 1;
2. 2022 2025 California Building Code, Part 2;
3. 2022 2025 California Residential Code, Part 2.5;
4. 2022 2025 California Electrical Code, Part 3;
5. 2022 2025 California Mechanical Code, Part 4;
6. 2022 2025 California Plumbing Code, Part 5;
7. 2022 2025 California Energy Code, Part 6;
8. 2025 California Wildland-Urban Interface Code, Part 7;
ORDINANCE 2025-04
9. 2025 California Historical Building Code, Part 8;
10. 2022 2025 California Fire Code, Part 9;
11. 2022 2025 California Existing Building Code, Part 10;
12. 2022 2025 California Green Building Standards Code (CALGreen), Part 11.
P. “California Fire Code” means that certain document in book form entitled “California Fire Code, 2022 2025 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
Q. “California Fire Code Standards” means that certain document in book form entitled “California Fire Code Standards, 2022 2025 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
R. “California Mechanical Code” means that certain document in book form entitled “California Mechanical Code, 2022 2025 Edition,” published by the International Code Council, copyright by California Building Standards Commission.
S. “California Plumbing Code” means that certain document in book form entitled “California Plumbing Code, 2022 2025 Edition,” published by the California Building Standards Commission.
15.04.020 California Building Codes adopted.
The 2022 2025 California Administrative Code, Part 1; 2022 2025 California Building Code, Part 2; 2022 2025 California Residential Code, Part 2.5; 2022 2025 California Electrical Code, Part 3; 2022 2025 California Mechanical Code, Part 4; 2022 2025 California Plumbing Code, Part 5; 2022 2025 California Energy Code, Part 6; 2022 California Historical Building Code, 2025 California Wildland-Urban Interface, Part 7; 2022 2025 California Historical Building Code, Part 8; 2022 2025 California Fire Code, Part 9; 2022 2025 California Existing Building Code, Part 10; 2022 2025 California Green Building Standards Code (CALGreen), Part 11; and California Referenced Standards Code, part 12.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to the authority granted by the California Constitution and State law.
SECTION 3. CEQA. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision
ORDINANCE 2025-04
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. To the extent the provisions of the Waterford Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 6. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of adoption and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
SECTION 7. ENACTMENT: Prior to the expiration of fifteen (15) days from the passage and adoption thereof, this ordinance shall be published in a newspaper of general circulation printed and published in the County of Stanislaus, State of California, together with names of the members of the City Council voting for and against the same.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Waterford this 6
th day of November 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF WATERFORD
CHARLIE GOEKEN, Mayor
ATTEST: APPROVED AS TO FORM:
PATRICIA KRAUSE, CMC, City Clerk CORBETT J. BROWNING, City Attorney
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the City Council of the City of Waterford in the Council Chambers at a regular meeting thereof on November 6, 2025 at or about 6:30pm.
The city council will consider and ordinance amending Waterford Municipal Code title 15 entitled “Building and Construction,” Chapter 15.04 entitled “California Building Codes,” by amending Sections 15.04.010 and 15.04.020.
Copies and a complete text of the Ordinance are available at City Hall, 101 E Street, Waterford, CA for review.
The Waterford City Council Chambers are located inside the Waterford Community Center located at 101 E Street, Waterford, CA. For further information, please contact Patricia Krause, City Clerk, at (209) 874- 2328 ext. 101.
Published: October 14th, 2025
General Business 6a
November 6
th 2025
Tina Envia, Finance Manager
City Council Staff Report
Resolution: Adopting Resolution 2025-59, Authorizing a Resolution of Intention of the City Council of the City of Waterford to Annex Property into Community Facilities District No. 2019-1 (Maintenance Services) and to Authorize the Levy of Special Taxes Therein
SUMMARY:
In response to petitions submitted on behalf of David J. Hendrick, Trustee of the David J. Hendrick Trust Under Trust Agreement Dated April 20, 1981, Finneman Contracting Inc., a California Corporation, and PropCenValley LLC, a California Limited Liability Company to annex property the City of Waterford Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD”). Staff is asking the Council to Authorize a Resolution of Intention of the City Council of the City of Waterford to Annex Property to a Community Facilities District.
ANALYSIS:
The developer/owners of the developments (maps attached to resolution) wish to annex property into the current CFD, known as “City of Waterford Community Facilities District 2019-1 (Maintenance Services) (the “CFD”) as Annexation No. 2. Staff is requesting the City Council adopt the Resolution of Intention to annex the property to the district. Once adopted, the public hearing and election will be set for December 18, 2025. The services and rate structure of the district will be the same as those for the CFD. The services, rates, and methods are included in the Resolution. At the public hearing on December 18, 2025, the results of the election of the landowners will be declared and the first reading of the Ordinance levying the special tax be declared. Following the public hearing the Special Tax Lien will be recorded, and a second reading of the Ordinance Levying the Special Tax will be held. Thereafter the parcels will be subject to the Annual Levy of the special assessment.
FISCAL IMPACT:
The District’s intention is to pay in whole or in part for all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of Community Facilities District 2019-1 and the areas adjacent to or in the vicinity of such areas. The services shall include: the maintenance of: (i) streets and street tress; (ii) street lighting; (iii) landscaping in public areas and medians including turf, trees, shrubs and associated irrigation systems; as well as the provision of other public services authorized to be funded under Section 53313(d) or (e) of the California Government Code. The base rate per parcel on creation of the original District was $210.12 per single family detached property. That rate has an annual escalation factor of 3%. The Fiscal Year 2025/2026 maximum rate per single family detached property is $250.89.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
If the City does not wish to authorize the annexation of property into the existing CFD, then the full maintenance and infrastructure costs of the area involved would be the responsibility of the City’s General Fund rather than the individual property owners.
ATTACHMENTS:
1. Resolution 2025-59 – A Resolution of the City Council of the City of Waterford Declaring its Intention to Annex Territory to the City of Waterford Community Facilities District No. 2019-1 (Maintenance Services) and Adopting a Map of the Area Proposed to be Annexed Thereto (Annexation No. 2 to CFD 2019-1)
RESOLUTION 2025-59
WATERFORD CITY COUNCIL
RESOLUTION NO. 2025-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERFORD DECLARING ITS
INTENTION TO ANNEX TERRITORY TO THE CITY OF WATERFORD COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AND ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 2 TO CFD 2019-1 WHEREAS, the City Council (the “City Council”) of the City of Waterford (the “City”) has established Community Facilities District No. 2019-1 (Maintenance Services), County of Stanislaus, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHERAS it is necessary that certain parcels of property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS petitions were submitted on behalf of David J. Hendrick, Trustee of the David J. Hendrick Trust Under Trust Agreement Dated April 20, 1981, Finnman Contracting Inc., a California Corporation, and PropCenValley LLC, a California Limited Liability Company, the City Council requesting to annex property to the District within the City; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter
2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “MelloRoos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5; and
NOW, THEREFORE BE IT RESOLVED,
1. The above recitals are true and correct and are hereby incorporated into this resolution.
2. The name of the existing Community Facilities District is “Community Facilities District No. 2019- 1 (Maintenance Services), City of Waterford, County of Stanislaus, State of California.
3. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
4. The territory which is included in the District is described on the map of the District recorded on April 29, 2019, at 8:33 a.m. as Document Number 2019-0025772-00 in Book 5 of Assessment and Community Facilities Districts at Page 84 in the official records of the Office of the County Recorder of the County of Stanislaus, State of California. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof (the “Annexation Area”). Such territory is also shown and described on the map thereof entitled “Annexation Map No. 2 of City of Waterford Community Facilities District No. 2019-1 (Maintenance Services), City of Waterford, County of Stanislaus, State of California,” which is on file with the City Clerk (the “Annexation Map”).
5. A general description of the services (the “Services”) which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is set forth in Exhibit “B” attached hereto and by reference made a part hereof. The District shall also RESOLUTION 2025-59
2 finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of the District and the territory proposed to be annexed thereto.
All owners of taxable parcels of property within the District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the District and the territory proposed to be annexed thereto.
6. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 6 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “C” attached hereto and by this reference made a part hereof.
As set forth in the rate and method of apportionment, the Act allows the CFD to levy the Special Tax against Assessor’s Parcel of Developed Property within the CFD and increase the amount of such Special Tax up to 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2020-1. However, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property within the Annexation Area be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within the Annexation Area. The CFD shall not levy any additional amounts against any Assessor’s Parcel of Developed Property as a consequence of delinquency or default by the owner of any Assessor’s Parcel outside of the Annexation Area.
7. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Stanislaus no later than 15 days prior to the date of the hearing specified in Section 8 hereof.
8. A public hearing on the proposed annexation of said territory to the District shall be held at 6:30 p.m. on Thursday, December 18, 2025, at the City of Waterford, City Council, 101 E. Street, Waterford, California.
9. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.
10. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a RESOLUTION 2025-59
3 date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election.
(b)If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service. (4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the District. (6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot RESOLUTION 2025-59
4 and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
11. This resolution shall take effect upon its adoption.
The foregoing Resolution was passed and adopted by the City Council of the City of Waterford at a regular meeting thereof held on the 6
th day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF WATERFORD
CHARLIE GOEKEN
Mayor
ATTEST: APPROVED AS TO FORM:
PATRICIA KRAUSE CORBETT J. BROWNING
City Clerk City Attorney
RESOLUTION 2025-59
5 EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF WATERFORD, IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
APN: 080-023-031-000, 080-031-031-000, 080-049-002-000, 134-017-032-000 RESOLUTION 2025-59
6 EXHIBIT B
DESCRIPTION OF SERVICES
Services:
The services to be funded, in whole or in part, by the community facilities district (the "CFD") include all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of the CFD and areas adjacent to or in the vicinity of such areas. More specifically, the services shall include, but not be limited to, the maintenance of: (i) streets and street tress; (ii) street lighting; (iii) landscaping in public areas and medians including turf, trees, shrubs and associated irrigation systems; as well as the provision of other public services authorized to be funded under Section 53313(d) or (e) of the California Government Code. The CFD may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created.
Administrative Expenses:
The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Stanislaus related to the CFD or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.
Other:
The incidental expenses that may be funded by the CFD include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the CFD.
RESOLUTION 2025-59
7 EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF WATERFORD
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in City of Waterford Community Facilities District No. 2019- 1 (Maintenance Services) (the “District”) each Fiscal Year, in an amount determined by the application of the procedures described below. All of the Taxable Property (as defined below) in the District, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size (e.g., granny cottage, second unit) that shares a Parcel with a Unit of Single Family Detached Property. "Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map or calculated using available spatial data and GIS. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of the District: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in the District. Administrative Expenses shall also include costs related to the formation of the District and of annexing territory to the District as well as any amounts advanced by the City for any administrative purposes of the District and an allocable share of the salaries of City staff and an allocable portion of City overhead costs relating to the foregoing, or costs of the City in any way related to the establishment or administration of the District. “Affordable Housing Property” means, in any Fiscal Year, all or a portion of any Assessor’s Parcel within the boundaries of the District that is subject to a deed restriction, resale restriction, or regulatory agreement recorded in favor of the City that restricts Unit rents or prices chargeable to lower income households.
“Affordable Multi-Family Property” means Multi-Family Property that is also Affordable Housing Property.
RESOLUTION 2025-59
8 “Affordable Single Family Property” means Single Family Property that is also Affordable Housing Property.
“Annual Services Costs” means the amounts required to fund services authorized to be funded by the District.
“Annual Special Tax Requirement” means that amount with respect to the District determined by the Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with the District, and (4) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. “Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on April 29, 2019 in Book 5 at Page 84 as Document Number 2019-0025772-00.
“City” means the City of Waterford, County of Stanislaus. “Council” means the City Council of the City, acting as the legislative body of the District. “County” means the County of Stanislaus, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in the District for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year, but not prior to June 1, 2019.
“District” means the City of Waterford Community Facilities District No. 2019-1 (Maintenance Services). “District Administrator” means an official of the City, or designee or agent or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment. “Exempt Property” means all property located within the boundaries of the District which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year” means the period from July 1
st of any calendar year through June 30th of the following calendar year.
“Maximum Special Tax Rate” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, RESOLUTION 2025-59
9 and cannot be purchased by individual homebuyers.
“Non-Residential Property” means all property that is not used for people to live in, and does not include Public Property.
“Proportionately” means, in any Fiscal Year, that the ratio of the actual Special Tax to the Maximum Special Tax Rate is equal for all Assessor’s Parcels authorized to be levied in that Fiscal Year. “Public Property” means any property within the boundaries of the District owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency. “Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means a factor of 3 percent that will be applied annually after Fiscal Year 2019/20 to increase the Maximum Special Tax Rates shown in Section III. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within the District at the time of its formation is within a Tax Zone as specified on the District Boundary Map.
Additional Tax Zones may be created when property is annexed to the District, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to the District shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all Parcels within the boundary of the District that are not Exempt Property, exempt from the Special Tax pursuant to the Act or Section V below. “Unit” means an individual single family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit that shares a Parcel with a Unit of Single Family Detached Property shall not be considered a separate Unit for purposes of calculating the Special Tax.
II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within the District. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the District Administrator shall determine the new RESOLUTION 2025-59
10 Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. The District Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property;
(iii) the number of Units each Parcel contains; and (iv) the Annual Special Tax Requirement for the Fiscal Year.
III. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT All Taxable Property shall be subject to a Special Tax defined as follows.
The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel of Developed Property within the District by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax Rate described in the tables below to satisfy the Annual Special Tax Requirement.
RESOLUTION 2025-59
11 TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2019/20*
Property Type Special Tax
Rate
Per
Single Family Detached Property $210.12 Unit
*On each July 1, commencing on July 1, 2019, the Maximum Special Tax Rate for each Tax Zone shall be increased by 3%, the Tax Escalation Factor.
IV. A different Maximum Special Tax Rate may be identified in Tax Zones added to the District as a result of future annexations.In some instances, an Assessor’s Parcel of Developed Property may contain more than one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.
V. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS The Special Tax may not be prepaid.
VI. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.
VII. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.
Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
VIII. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of the District, and may collect delinquent Special Taxes through foreclosure or other available methods. A Special Tax shall continue to be levied and collected within the District, as needed to fund the Annual Special Tax Requirement, in perpetuity.
IX. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the District Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.
RESOLUTION 2025-59
12 The appeal must specify the reasons why the appellant claims the Special Taxes are in error.
The District Administrator shall review the appeal, meet with the appellant if the District Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the District Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the District Administrator or subsequent decision by the City Council requires the Special Taxes to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit future Special Taxes.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
General Business 6b
November 6th, 2025
Tina Envia, Finance Manager
City Council Staff Report
Motion: Receive Information from Lechowicz + Tseng Municipal Consultants (LTMC) on the proposed Water Rate Fee Study Options and Provide Staff Direction SUMMARY:
The City Council is being asked to review the proposed Water Rate Fee Study options and provide staff direction on the preferred option to be brought back for Council consideration at a latter date. The information will be presented by the City’s consultant, Alison Lechowicz with the firm Lechowicz + Tseng Municipal Consultants.
ANALYSIS:
Waterford’s water distribution system was founded in 1913 by the Waterford Land and Development Company and later purchased by the Del Este Water Company in 1938. The system was originally permitted by the State Department of Health Services in 1956. In 1995 the City of Modesto purchased the water systems owned by Del Este, including the independent systems serving the City of Waterford and Hickman, and includes eight wells, with approximately 2,400 connections. The City of Waterford purchased the Waterford and Hickman systems from the City of Modesto in July of 2015. The River Pointe System went into service in 2005. The three areas make up the Waterford Water System. The Waterford System is 100% ground water supply. It is made up of 8 wells in the City of Waterford and 2 wells in the community of Hickman. The wells range in age from 80 to 19 years.
A rate study was done after acquiring the Waterford System in 2015 and included rate adjustments for 5 years ending in 2021. The 2016 study anticipated capital needs just over 14 million. Since 2015 the City has invested over 11 million dollars in capital improvements primarily for infrastructure improvements to the system and consolidation costs. In addition, the City has paid debt service in the amount of 2.6 million and has just over 1 million to pay on the system acquisition loan which matures in 2030. The System came to the City in a state of neglect, and it has been a constant source of financial pressure on the System to address the planned and unplanned needs that come up. In recent years the Water System has incurred several hundred thousand dollars in repairs to the Hickman service area, which relies on only two wells, one of which has been down on and off. In addition, severe water quality issues in Hickman were addressed in 2025. The strains of previous neglect and extensive cost of capital needs are the driving forces in the need for a review of water rates. The City’s consultant, Lechowicz + Tseng Municipal Consultants (LTMC) has prepared an initial proposal for a 5-year rate structure that will help address the needs of the Water System.
LTMC used operating cash flow and capital improvement plan projections (Water Cash Flows -attached) to develop a 5-year rate structure that would support the needs of Water System and maintain adequate debt coverage for the existing and proposed new debt obligations of the Water System. The Water Cash Flows anticipates that the City will take on new debt in 2026/2027 in the amount of 4.25 million. The new debt will address the cost of the Surface Water Project and a new well at Well Site 244.
The proposed rates were developed with the following projected capital improvement plan:
No. Project 2026/27 2027/28 2028/29 2029/30 2030/31
5-Year
Total
Rate Funded Projects
3 Downtown Pipe Replacement 750,000 750,000 750,000 750,000 750,000 3,750,000 7 Misc. Well Improvements-Existing 287,500 287,500 287,500 287,500 287,500 1,437,500 8 New Equipment / Supplies 175,000 175,000 175,000 175,000 175,000 875,000 9 Master Plan and Rate Study 0 0 0 0 262,500 262,500
Total Rate Funded Projects 1,212,500 1,212,500 1,212,500 1,212,500 1,475,000 6,325,000 Debt Funded Projects [1]
2 Well 244 Replacement 375,000 2,125,000 0 0 0 2,500,000 6 Surface Water Project 91,875 520,625 0 0 0 612,500
Total Debt Funded Projects 466,875 2,645,625 0 0 0 3,112,500 Total Capital Projects 1,679,375 3,858,125 1,212,500 1,212,500 1,475,000 9,437,500 1 - It is anticipated that the City will take on new debt in 2026/27, with payments beginning in 2028/29. The total loan amount will be $4.25M, reflecting the full cost of the Surface Water Project of $1.75M plus $2.5M for the Well 244 Replacement. 65% of the project costs for the Surface Water Project will later be repaid by impact fees as new development occurs.
The proposed rates needed to support the operations and capital improvement plan are as follows:
Options Current 2026/27 2027/28 2028/29 2029/30 2030/31 Revised CIP; New
Debt
% Rate
Increase 47% 23% 6% 3% 3%
Average
Bill $64.86 $95.34 $117.16 $124.55 $128.48 $132.60
FISCAL IMPACT:
The implementation of the rates as proposed would support the continued operation and maintenance of the Waterford Water System. It would allow the system to support the debt needed to move forward with the Surface Water Project and the building of a new well at Well Site 244.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. The City Council can direct staff to move forward with the process of adopting new rates as proposed above. The process would include all required Proposition 218 requirements.
2. The City Council can direct staff to make changes to rate structure as proposed. This would require adjustment of costs in either the area of operations or the capital improvement plan.
3. The City Council can elect not to impose any new rates on the Water System. This would require adjustments of either operational costs or capital costs to keep the system operating with the required net income to support the System’s debt service obligations.
ATTACHMENTS:
• Water Draft Tables
1 WATER DRAFT TABLES
City of Waterford
Water Rate and Fee Study
October 22, 2025
Table 1: Current Rates (same for all systems)
Water System FY2022
3/4" $34.14
1" $54.30
1.5" $133.66
2" $212.71
3" $465.09
4" $801.99
6" $1,655.86
Use Charge per HCF $1.92
Table 2: Cash Balance of Water Operations
Water System
Beginning Cash Balance
(June 30, 2025)
River Pointe (16,550)
Waterford 378,456
Hickman (43,179)
Total Water Operations 318,727
Table 3: Cash Balance of Capital Reserves
CIP Account
Beginning Cash Balance
(June 30, 2025)
CIP Waterford 444,788
CIP Hickman (44,356)
Total Capital Reserves 400,432
2 Table 4: Estimated Annual Service Charge Revenues, 2024/25
BASE CHARGES
Meter Size No. of Meters
Monthly
Rate
Estimated Annual
Revenue % of Total
Waterford
3/4" 2,052 $34.14 $840,663 66%
1" 3 $54.30 $1,955 0%
1.5" 8 $133.66 $12,831 1%
2" 28 $212.71 $71,471 6%
3" 3 $465.09 $16,743 1%
4" 6 $801.99 $57,743 5%
6" 3 $1,655.86 $59,611 5%
Subtotal Waterford 2,103 $1,061,018 83%
River Pointe
3/4" 323 $34.14 $132,327 10%
Subtotal River Pointe 323
Hickman
3/4" 171 $34.14 $70,055 5%
1" 0 $54.30 $0 0%
1.5" 1 $133.66 $1,604 0%
2" 3 $212.71 $7,658 1%
3" 0 $465.09 $0 0%
4" 1 $801.99 $9,624 1%
6" 0 $1,655.86 $0 0%
Subtotal Hickman 176 $88,941 7%
Total Fixed Revenues 2,602 $1,282,285 100%
USE CHARGES
All Customers
Annual Consumption
(HCF)
Rate per
HCF
Estimated Annual
Revenue % of Total
Waterford 466,014 $1.92 $894,746 76%
River Pointe 94,621 $1.92 $181,672 15%
Hickman 50,338 $1.92 $96,650 8%
Total Use Charges 610,973 $1,173,068 100%
TOTAL WATER SERVICE CHARGE REVENUES
All Customers
Estimated Annual
Revenue % of Total
Fixed Charges $1,282,285 52%
Use Charges $1,173,068 48%
Total Water Service Charge Revenues $2,455,353 100%
3 Table 5: Comparison of Estimated Revenues to Actuals
LT Estimated City's Estimates [1] % Difference
Hickman Only $185,590 $188,514 1.6%
River Pointe Only $313,999 $290,800 -7.4%
Waterford Only $1,955,763 $1,943,750 -0.6%
$2,455,353 $2,423,064 -1.3%
1 - From Base Financial Information spreadsheet dated September 17, 2025 4 Table 6: Long Term Debt Obligations
The City entered into a Loan Agreement with Umpqua Bank to fund the acquisition of the Waterford and Hickman Water Systems. The total amount financed is $2,934,900. Bi-Annual payments of principal and interest are due through June 1, 2030. Payments total approximately $262,000 per year and include interest of 3.13%.
Table 7: Revised Capital Improvement Plan (includes new debt) No. Project 2026/27 2027/28 2028/29 2029/30 2030/31 5-Year Total Rate Funded Projects
3 Downtown Pipe Replacement 750,000 750,000 750,000 750,000 750,000 3,750,000 7 Misc. Well Improvements-Existing 287,500 287,500 287,500 287,500 287,500 1,437,500 8 New Equipment / Supplies 175,000 175,000 175,000 175,000 175,000 875,000 9 Master Plan and Rate Study 0 0 0 0 262,500 262,500
Total Rate Funded Projects 1,212,500 1,212,500 1,212,500 1,212,500 1,475,000 6,325,000 Debt Funded Projects [1]
2 Well 244 Replacement 375,000 2,125,000 0 0 0 2,500,000 6 Surface Water Project 91,875 520,625 0 0 0 612,500
Total Debt Funded Projects 466,875 2,645,625 0 0 0 3,112,500 Total Capital Projects $1,679,375 $3,858,125 $1,212,500 $1,212,500 $1,475,000 $9,437,500 1 - It is anticipated that the City will take on new debt in 2026/27, with payments beginning in 2028/29. The total loan amount will be $4.25M, reflecting the full cost of the Surface Water Project of $1.75M plus $2.5M for the Well 244 Replacement. 65% of the project costs for the Surface Water Project will later be repaid by impact fees as new development occurs.
Lender Project Fund Payment Account Payment 2025-26
Principal Balance
July 1, 2025 Maturity Date
Umpqua Bank Water CIP Debt Service: Principal 193,242 $1,028,560 FY 2030 (Waterford 86% and Debt Service: Interest 32,194
Hickman 14%) Debt Service: Principal 31,458 $167,440
Debt Service: Interest 5,241
Water System
Acquisition
5 Table 8: Operating Cash Flow
Budget Projected: Years 1 - 5 (Prop 218 Period)
2025/26 2026/27 2027/28 2028/29 2029/30 2030/31
Rate Increase % 45% 25% 8% 5% 5%
Rate Increase Effective Date Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 BEGINNING CASH BALANCE $318,700 $125,200 $125,800 $363,100 $516,800 $717,900
REVENUES
Service Charges 2,396,800 3,475,400 4,344,300 4,691,800 4,926,400 5,172,700 Delinquency (2.5%) (59,900) (86,900) (108,600) (117,300) (123,200) (129,300) Interest Earnings 18,100 3,800 3,800 10,900 15,500 21,500 Other Water Revenue 63,000 64,900 66,800 68,800 70,900 73,000 Subtotal Operations Revenue 2,418,000 3,457,200 4,306,300 4,654,200 4,889,600 5,137,900
EXPENSES
Operating Expenses
Salaries & Benefits 940,000 997,300 1,052,100 1,104,000 1,152,100 1,201,600 Maintenance & Operations 789,600 809,300 829,600 850,300 871,600 893,400 Professional Fees 201,200 207,200 213,400 219,800 226,400 233,200 Materials & Supplies 236,800 243,900 251,200 258,700 266,500 274,500 Subtotal Operating 2,167,600 2,257,700 2,346,300 2,432,800 2,516,600 2,602,700 Net Operating Revenues 250,400 1,199,500 1,960,000 2,221,400 2,373,000 2,535,200 Non-Operating Expenses
Transfer to CIP 443,900 1,198,900 1,722,700 2,067,700 2,171,900 2,276,400 Subtotal Non-Operating 443,900 1,198,900 1,722,700 2,067,700 2,171,900 2,276,400 Total Expenses 2,611,500 3,456,600 4,069,000 4,500,500 4,688,500 4,879,100 Total Net Revenues (193,500) 600 237,300 153,700 201,100 258,800 Ending Cash Balance $125,200 $125,800 $363,100 $516,800 $717,900 $976,700 Target Reserve Balance 541,900 564,400 586,600 608,200 629,200 650,700 Target Met? (25% of O&M) no no no no yes yes
See capital cash flow on next page
6 Table 9: Capital Cash Flow
Budget Projected: Years 1 - 5 (Prop 218 Period)
2025/26 2026/27 2027/28 2028/29 2029/30 2030/31
BEGINNING CASH BALANCE $400,400 $556,700 $44,200 $51,700 $59,200 $166,700
REVENUES
Interest Earnings 7,500 7,500 7,500 7,500 7,500 7,500
Transfers In from Operations 443,900 1,198,900 1,722,700 2,067,700 2,171,900 2,276,400 Other Transfers 267,500 0 0 0 0 0
Total Revenues 718,900 1,206,400 1,730,200 2,075,200 2,179,400 2,283,900
EXPENSES
Professional Services 50,000 51,500 53,000 54,600 56,200 57,900 Maintenance & Repairs 75,000 77,300 79,600 82,000 84,500 87,000 Capital Purchases 60,000 1,212,500 1,212,500 1,212,500 1,212,500 1,475,000 Total Expenses 185,000 1,341,300 1,345,100 1,349,100 1,353,200 1,619,900 Umpqua Loan 262,100 262,100 262,100 262,100 262,200 0
New IBank Loan 115,500 115,500 115,500 115,500 115,500 115,500 Future Debt Service [1] 0 0 0 341,000 341,000 341,000
Debt Service 377,600 377,600 377,600 718,600 718,700 456,500 Net Revenues 156,300 (512,500) 7,500 7,500 107,500 207,500 Ending Cash Balance 556,700 44,200 51,700 59,200 166,700 374,200 1 - $4.25M loan to fund the Well 244 Replacement and Surface Water Project over 20 years at 5% interest.
Table 10: Debt Service Coverage Calculation
Budget Projected: Years 1 - 5 (Prop 218 Period)
2025/26 2026/27 2027/28 2028/29 2029/30 2030/31
Net Operating Revenues 250,400 1,199,500 1,960,000 2,221,400 2,373,000 2,535,200 Umpqua Loan 262,100 262,100 262,100 262,100 262,200 0
New IBank Loan 115,500 115,500 115,500 115,500 115,500 115,500 Future Debt Service [1] 0 0 0 341,000 341,000 341,000
Total Debt Service 377,600 377,600 377,600 718,600 718,700 456,500 Coverage Ratio (Target is >1.2) 0.66 3.18 5.19 3.09 3.30 5.55 1 - $4.25M loan to fund the Well 244 Replacement and Surface Water Project over 20 years at 5% interest. 7 Table 11: Cost Allocation
Projected BASE CHARGE USE CHARGE
2026/27 Total
Meters &
Services
Customer
Service Base + Extra
Operating Expenses
Salaries & Benefits $997,300 90.0% 10.0% 0.0% 100%
Maintenance & Operations $809,300 25.0% 0.0% 75.0% 100% Professional Fees $207,200 100.0% 0.0% 0.0% 100%
Materials & Supplies $243,900 25.0% 0.0% 75.0% 100%
Subtotal Operating $2,257,700 $1,368,070 $99,730 $789,900 $2,257,700 Allocation % 60.6% 4.4% 35.0% 100.0%
Non-Operating Expenses
Capital Expenses [1] $1,401,700 10.0% 0.0% 90.0% 100%
Debt Service [1] $529,800 100.0% 0.0% 0.0% 100%
Subtotal Non-Operating $1,931,500 $669,970 $0 $1,261,530 $1,931,500 Allocation % 34.7% 0.0% 65.3% 100.0%
TOTAL EXPENSES $4,189,200 $2,038,040 $99,730 $2,051,430 $4,189,200 Total Allocation % 48.7% 2.4% 49.0% 100.0%
1 - Average 5-year costs
Table 12: Allocation of Annual Service Charge Revenue Requirement Cost
Allocation %
PROJECTED
2026/27 2027/28 2028/29 2029/30 2030/31
Total Revenue
Requirement [1] $3,475,400 $4,344,300 $4,691,800 $4,926,400 $5,172,700
BASE CHARGES
Meters & Services 48.7% $1,690,782 $2,113,502 $2,282,561 $2,396,694 $2,516,519 Customer Service 2.4% $82,715 $103,394 $111,665 $117,248 $123,110 Total Base Charges 51.0% $1,773,497 $2,216,896 $2,394,226 $2,513,942 $2,639,629
USE CHARGES
Base + Extra 49.0% $1,701,903 $2,127,404 $2,297,574 $2,412,458 $2,533,071 Total Use Charges 49.0% $1,701,903 $2,127,404 $2,297,574 $2,412,458 $2,533,071 TOTAL 100.0% $3,475,400 $4,344,300 $4,691,800 $4,926,400 $5,172,700 1 - From Cash Flow; Total Service Charges revenue requirement per year 8 Table 13: Proposed Meter Equivalents
Meter Size
Number of
Meters [1]
Maximum Flow
Rate (gpm) [2]
Meter
Ratio
Proposed Meter
Equivalents
Base Residential (Up to 1") [3] 2,643 25 1.00 2,643
1.5" 9 100 4.00 36
2" 33 160 6.40 211
3" 3 350 14.00 42
4" 7 600 24.00 168
6" 3 1,250 50.00 150
Total 2,698 3,250
1 - The number of meters is taken from the City's billing data for all three systems for July 2025. 2 - From 2018 Water Rate Study, Table A-17. Intermittent maximum flow rates, AWWA, M6 Water Meters - Fifth Edition, pages 63-65.
3 - The majority of base residential customers have a 3/4" meter. All single family residential customers with a 1" meter are currently billed at the 3/4" rate. The 3/4" and 1" categories are proposed to be combined into one category for billing purposes. 9 Table 14: Projected Customer Growth & Water Consumption
CURRENT PROJECTED - RATE STUDY PERIOD
2025/26 2026/27 2027/28 2028/29 2029/30 2030/31
NUMBER OF METERS
Growth Increase % [1] 3.0% 3.0% 3.0% 3.0% 3.0%
Total Water Meters 2,698 2,779 2,862 2,948 3,036 3,127
Total Meter Equivalents 3,250 3,331 3,414 3,500 3,588 3,679
WATER CONSUMPTION
Annual Increase % 1.0% 1.0% 1.0% 1.0% 1.0%
Total Consumption (HCF) [2] 532,717 538,044 543,424 548,858 554,347 559,890 1 - Per input from City staff, it is estimated that there will be 3% growth in the customer base each year. To be conservative, it is estimated that all new customers connecting to the system will be served by a 1" meter.
2 - Based on average billed consumption from 2022/23, 2023/24, and 2024/25. Reflects estimated conservation + some delinquency of 2.5%.
10 Table 15: Base Charge Derivation
PROJECTED
2026/27 2027/28 2028/29 2029/30 2030/31
REVENUE REQUIREMENT
Meters & Services $1,690,782 $2,113,502 $2,282,561 $2,396,694 $2,516,519 Customer Service $82,715 $103,394 $111,665 $117,248 $123,110 Total Base Charge Revenue $1,773,497 $2,216,896 $2,394,226 $2,513,942 $2,639,629
METER EQUIVALENT CHARGE
Meters & Service Rev. Req. 7.8% $1,690,782 $2,113,502 $2,282,561 $2,396,694 $2,516,519 Number of Meter Equivalents 3,331 3,414 3,500 3,588 3,679 Meter Equivalent Charge $42.30 $51.59 $54.35 $55.66 $57.00 Meter Equiv. Charge by Size
Meter Size
Meter
Ratio
Up to 1" 1.0 $42.30 $51.59 $54.35 $55.66 $57.00
1.5" 4.0 $169.20 $206.36 $217.40 $222.64 $228.00
2" 6.4 $270.72 $330.18 $347.84 $356.22 $364.80
3" 14.0 $592.20 $722.26 $760.90 $779.24 $798.00
4" 24.0 $1,015.20 $1,238.16 $1,304.40 $1,335.84 $1,368.00 6" 50.0 $2,115.00 $2,579.50 $2,717.50 $2,783.00 $2,850.00
CUSTOMER SERVICE CHARGE
Customer Service Rev. Req. 7.8% $82,715 $103,394 $111,665 $117,248 $123,110 Number of Meters 2,779 2,862 2,948 3,036 3,127
Cust. Service Charge per Acct. $2.48 $3.01 $3.16 $3.22 $3.28 TOTAL MONTHLY BASE CHARGE [1]
Current
Meter Size Rates
Up to 1" $34.14 $44.78 $54.60 $57.51 $58.88 $60.28
1.5" $133.66 $171.68 $209.37 $220.56 $225.86 $231.28
2" $212.71 $273.20 $333.19 $351.00 $359.44 $368.08
3" $465.09 $594.68 $725.27 $764.06 $782.46 $801.28
4" $801.99 $1,017.68 $1,241.17 $1,307.56 $1,339.06 $1,371.28 6" $1,655.86 $2,117.48 $2,582.51 $2,720.66 $2,786.22 $2,853.28 1 - Total Monthly Base Charge is the sum of the "Meter Equivalent Charge" by meter size plus the "Customer Service Charge per Account"
11 Table 16: Use Charge Derivation
PROJECTED
2026/27 2027/28 2028/29 2029/30 2030/31
REVENUE REQUIREMENT
Base + Extra $1,701,903 $2,127,404 $2,297,574 $2,412,458 $2,533,071
USE CHARGE DERIVATION
Revenue Requirement $1,701,903 $2,127,404 $2,297,574 $2,412,458 $2,533,071 Projected Consumption (HCF) [1] 538,044 543,424 548,858 554,347 559,890 Use Charge per HCF $3.16 $3.91 $4.19 $4.35 $4.52
* 1 HCF = 748 gallons
1 - Based on average consumption over the past three fiscal years, less 2.5% for estimated conservation and delinquency
Table 17: Proposed Monthly Water Rates
PROPOSED
Current 2026/27 2027/28 2028/29 2029/30 2030/31
Effective Date Jul 1, 2021 Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030
BASE CHARGE
Meter Size
3/4" [1] $34.14 $44.78 $54.60 $57.51 $58.88 $60.28
1" [1] $54.30 $44.78 $54.60 $57.51 $58.88 $60.28
1.5" $133.66 $171.68 $209.37 $220.56 $225.86 $231.28
2" $212.71 $273.20 $333.19 $351.00 $359.44 $368.08
3" $465.09 $594.68 $725.27 $764.06 $782.46 $801.28
4" $801.99 $1,017.68 $1,241.17 $1,307.56 $1,339.06 $1,371.28 6" $1,655.86 $2,117.48 $2,582.51 $2,720.66 $2,786.22 $2,853.28
USE CHARGE
per HCF [2] $1.92 $3.16 $3.91 $4.19 $4.35 $4.52
1 - The 3/4" and 1" meters are currently billed at different rates, but are proposed to be combined into one category going forward.
2 - 1 HCF = 748 gallons
12 Table 18: Sample Residential Monthly Water Bill Impacts, 3/4" Meters Monthly Current PROPOSED
Use (HCF) Bill Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 9 HCF (Winter Bill)
Base Charge - 3/4" $34.14 $44.78 $54.60 $57.51 $58.88 $60.28 Use Charge 9 $17.28 $28.44 $35.19 $37.71 $39.15 $40.68
Monthly Water Bill $51.42 $73.22 $89.79 $95.22 $98.03 $100.96 $ Change $21.80 $16.57 $5.43 $2.81 $2.93
% Change 42.4% 22.6% 6.0% 3.0% 3.0%
16 HCF (Average Bill)
Base Charge - 3/4" $34.14 $44.78 $54.60 $57.51 $58.88 $60.28 Use Charge 16 $30.72 $50.56 $62.56 $67.04 $69.60 $72.32 Monthly Water Bill $64.86 $95.34 $117.16 $124.55 $128.48 $132.60 $ Change $30.48 $21.82 $7.39 $3.93 $4.12
% Change 47.0% 22.9% 6.3% 3.2% 3.2%
24 HCF (Summer Bill)
Base Charge - 3/4" $34.14 $44.78 $54.60 $57.51 $58.88 $60.28 Use Charge 24 $46.08 $75.84 $93.84 $100.56 $104.40 $108.48 Monthly Water Bill $80.22 $120.62 $148.44 $158.07 $163.28 $168.76 $ Change $40.40 $27.82 $9.63 $5.21 $5.48
% Change 50.4% 23.1% 6.5% 3.3% 3.4%
13 Figure 1: Single Family Residential Water Bill Survey, 3/4" Meters 14 Figure 2: Single Family Residential Water Bill Survey, 1" Meters Both the City’s current 3/4” and 1” average bills are included in the chart for comparison purposes because single family residential customers with a 1” meter are currently billed the 3/4” rate. A number of local agencies bill all single family residential customers or all meters 1” and smaller at the same rates. Therefore, the monthly bills shown for many agencies are the same as those shown on the 3/4” bill survey chart.
15 The table below demonstrates the hypothetical rates that customers of the Hickman system would be proposed to be billed if Hickman were operated as a fully separate system. The Hickman rates are designed to recover the full cost of service for the Hickman service area only.
Table 19: Hypothetical Rates for Hickman Customers if Hickman were Billed as a Separate System Current Proposed
Bill Jul 1, 2026 Jul 1, 2027 Jul 1, 2028 Jul 1, 2029 Jul 1, 2030 Hickman Only
% Rate Increase 110% 55% 8% 5% 5%
Average Bill (16 HCF) $64.86 $136.21 $211.13 $228.02 $239.42 $251.39 All Three Systems Combined
% Rate Increase 45% 25% 8% 5% 5%
Average Bill (16 HCF) $64.86 $94.05 $117.56 $126.96 $133.31 $139.98 1 Water Rate Study
City of Waterford
November 6, 2025
Background
In 2015, the City of Waterford acquired the Waterford and Hickman water systems. The City has provided service to River Pointe since 2005. Currently the City serves about 2,600 customers made up of:
2,100 customers in the City of Waterford
175 customers in Hickman
325 customers in River Pointe
The City last conducted a water rate study in 2016 and rates were last increased in 2021
Since 2015, the City has invested over $11M in consolidating and making improvements to the system, but additional investment is needed to continue addressing previous neglect from before the City acquired the systems This rate update is a 5-year plan with new rates proposed to go into effect each March 1 from 2026 through 2030
2 1
2 2
Legal Requirements: Proposition 218
3 Governs how water service charges can be calculated and adopted Rates can be adopted over a maximum 5-year period with a single study Rates must be based on the reasonable cost of providing service Rates must proportionally recover costs based on how customers take service Procedural requirements for adopting rate adjustments: mail a notice of hearing and conduct hearing at least 45 days later
Ratepayers can block the increase with a 50% protest
Current Monthly Rates – All Areas
4 Fee Description Monthly Charge [1]
BASE CHARGE (fixed)
Meter Size
3/4" $34.14
1" $54.30
1.5" $133.66
2" $212.71
3" $465.09
4" $801.99
6" $1,655.86
USE CHARGE
per HCF [2] $1.92
1 – The most recent rate increase was July 1, 2021
2 – HCF = one hundred cubic feet; 1 HCF = 748 gallons
3 4
3 Current Financial Standing
5 The goal of the rate study is to collect sufficient funds to cover the full cost of providing service
This includes operations and maintenance, infrastructure (capital) improvements, debt payments, and maintaining prudent reserves
Current rates are sufficient to fund operating costs; cash balance is low (about $700,000)
Rates must be increased to keep up with inflation, meet debt coverage obligations, and fund critical capital improvements
The water system has major capital needs
The proposed Capital Improvement Plan consists of about $1.2M in annual funding for pipe replacements, improvements to existing wells, supplies, and equipment A proposed new debt issuance in 2026/27 will fund a new well at Well Site 244 ($2.5M) and the Surface Water Project ($1.75M)
Financial Projection
6 *Not every customer will receive exactly the % increases show here due to different cost increases to the meter fees and volume rate. Rate revenue increases shown above include revenues from new customers projected to connect to the system
5 6
4 Proposed Monthly Rates
7 PROPOSED Current 2026/27 2027/28 2028/29 2029/30 2030/31 Effective Date Jul 1, 2021 Mar 1, 2026 Mar 1, 2027 Mar 1, 2028 Mar 1, 2029 Mar 1, 2030
BASE CHARGE
Meter Size
3/4“ [1] $34.14 $44.78 $54.60 $57.51 $58.88 $60.28
1“ [1] $54.30 $44.78 $54.60 $57.51 $58.88 $60.28
1.5" $133.66 $171.68 $209.37 $220.56 $225.86 $231.28
2" $212.71 $273.20 $333.19 $351.00 $359.44 $368.08
3" $465.09 $594.68 $725.27 $764.06 $782.46 $801.28
4" $801.99 $1,017.68 $1,241.17 $1,307.56 $1,339.06 $1,371.28 6" $1,655.86 $2,117.48 $2,582.51 $2,720.66 $2,786.22 $2,853.28
USE CHARGE
per HCF [2] $1.92 $3.16 $3.91 $4.19 $4.35 $4.52
1 - The 3/4” and 1” meters are proposed to be combined into one category. 2 - HCF = one hundred cubic feet; 1 HCF = 748 gallons
Proposed
to be
combined
Sample Residential Bill Impacts
8 AVERAGE RESIDENTIAL BILL (16 HCF*)
PROPOSED
Current 2026/27 2027/28 2028/29 2029/30 2030/31
Mar 1,
2030
Mar 1,
2029
Mar 1,
2028
Mar 1,
2027
Mar 1,
2026 Effective Date Jul 1, 2021
Base Charge - Up to 1” $34.14 $44.78 $54.60 $57.51 $58.88 $60.28 Use Charge per HCF $17.28 $50.56 $62.56 $67.04 $69.60 $72.32 Monthly Bill $51.42 $95.34 $117.16 $124.55 $128.48 $132.60 $ Change $30.48 $21.82 $7.39 $3.93 $4.12
% Change 47.0% 22.9% 6.3% 3.2% 3.2%
* HCF = one hundred cubic feet; 1 HCF = 748 gallons
7 8
5 Survey
9 Hypothetical – Hickman Standalone
10 PROPOSED Current 2026/27 2027/28 2028/29 2029/30 2030/31 Mar 1,
2030
Mar 1,
2029
Mar 1,
2028
Mar 1,
2027
Mar 1,
2026 Effective Date Jul 1, 2021
HICKMAN STANDALONE COST OF SERVICE RATES
% Rate Increase 110% 55% 8% 5% 5%
Average Bill (16 HCF) $64.86 $136.21 $211.13 $228.02 $239.42 $251.39
ALL THREE SYSTEMS COMBINED
% Rate Increase 45% 25% 8% 5% 5%
Average Bill (16 HCF) $64.86 $94.05 $117.56 $126.96 $133.31 $139.98 $ Difference $0.00 $42.16 $93.57 $101.06 $106.11 $111.41 Hickman has negative cash of about $90,000
Very high maintenance costs
Poor economy of scale with only about 175 customers
9 10
6 Tentative Schedule
11 November 6, 2025: Present draft rates to City Council December 4, 2025: Present final rates to City Council; Initiate Proposition 218 process
December 30, 2025: Mail Proposition 218 notice of public hearing February 19, 2026: Proposition 218 Hearing
March 19, 2026: Proposition 218 Hearing (Back-Up Date) March 1, 2026: New rates go into effect
April 1, 2026: New rates go into effect (Back-Up date) Wrap Up
12 11
12 General Business 6c
November 6th, 2025
Tina Envia, Finance Manager
City Council Staff Report
Motion: A Motion of the City Council of the City of Waterford authorizing the City Manager to execute the final Installment Sale Agreement with the California Infrastructure and Economic Development Bank as previously authorized by the Waterford City Council Resolution No. 2025-40 in the amount of $1,200,000.00.
SUMMARY:
On July the 3rd 2025 the City Council authorized the submission of an application to the California Infrastructure and Economic Development Bank (Ibank) for the financing of costs for the HickmanWaterford Consolidation Project and authorized the City Manager to enter into the agreement with Ibank. The Installment Sale Agreement (Agreement) with the California Infrastructure and Economic Development Bank has been finalized and is ready for acceptance by the City of Waterford.
ANALYSIS:
The final Agreement is for a loan of $1,200,000 for a 20-year term at a 4.37% rate of interest. The proceeds will be used to complete the Hickman-Waterford Consolidation Project and related costs. The loan is estimated to cost the Water Fund $624,303 in interest over the 20-year life of the loan. Annual payments are estimated at $91,215. Amounts financed with the loan proceeds are as follows:
Pipeline Pigging in the Hickman System $208,323
City Engineering for the project $114,108
Consolidation Construction $796,885
Contingency and other costs $80,684
Total Amount Financed $1,200,000
FISCAL IMPACT:
The loan is estimated to cost the Water Fund $624,303 in interest over the 20-year life of the loan.
Annual payments are estimated at $91,215. Payments will be made from the Water CIP Fund 5075.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
1. Council can elect to authorize the City Manager to execute the final Agreement and obtain the financing as outlined above.
2. Council can elect not to authorize the City Manager to execute the final Agreement and obtain the financing as outlined above; which would require obtaining the funds from another source.
3. Council can elect to not authorize the City Manager to execute the final Agreement and obtain the financing as outlined above; and not proceed with the intertie project.
ATTACHMENTS:
1. Installment Sale Agreement with the California Infrastructure and Economic Development Bank
INSTALLMENT SALE AGREEMENT
by and between the
THE CITY OF WATERFORD,
as Purchaser
and the
CALIFORNIA INFRASTRUCTURE AND
ECONOMIC DEVELOPMENT BANK,
as Seller
Dated as of November XX, 2025
Agreement No. 26-152
$1,200,000.00
1 INSTALLMENT SALE AGREEMENT
THIS INSTALLMENT SALE AGREEMENT, is dated as of November XX, 2025 (the “Agreement”), by and between the CITY OF WATERFORD, a California municipal corporation, as purchaser (the “Purchaser” or the “City”), duly organized and validly existing under the laws of the State of California, and the CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK, as seller (“IBank”), duly organized and validly existing pursuant to the Bergeson-Peace Infrastructure and Economic Development Bank Act (the “Act”).
IBank and the Purchaser are hereinafter at times collectively referred to as the “Parties” and individually as a “Party.” Terms and words used herein with their initial letter, or letters, capitalized shall have the meanings set forth in Section 1.01 of this Agreement, or the meanings set forth in this paragraph, as applicable.
W I T N E S S E T H:
WHEREAS, the City’s water enterprise serves the community of Hickman as well as the City of Waterford, and the City identified a need to connect two isolated water systems located in the communities of Hickman and Waterford in order to ensure the residents of Hickman have access to clean drinking water, which requires constructing and installing a 5,500 foot connector pipe at an estimated cost of $1,200,000.00;
WHEREAS, the Purchaser sought financing for the Project payable from and secured by Net System Revenues and legally available amounts in the Enterprise Fund, from IBank and IBank wishes to provide such financing;
WHEREAS, on July 3, 2025, the Purchaser adopted Resolution No. 2025-40, a copy of which is attached hereto as Exhibit A, authorizing the purchase from IBank of the Facility, as evidenced by this Agreement;
WHEREAS, the Purchaser’s staff issued Proposition 218 notices necessary for the rates and charges increases required to support the Purchaser’s System, including the Facility; WHEREAS, IBank has issued, or intends to issue, its tax-exempt Proceeds Bonds, the proceeds of which may be used to provide all or a portion of the Facility Funds; WHEREAS, IBank may pledge its rights, including the rights to receive payments, under this Agreement to secure certain Secured Bonds that it has issued, or intends to issue, for the benefit of its programs, and the Purchaser acknowledges that the issuance or existence of both the Proceeds Bonds and the Secured Bonds impacts its rights and obligations as described herein; and
NOW, THEREFORE, in consideration of these premises and the mutual agreements herein contained, the parties do hereby agree as follows:
2 ARTICLE I
DEFINITIONS, RULES OF CONSTRUCTION, AND CONDITIONS PRECEDENT SECTION 1.01. Definitions. Unless the context clearly otherwise requires, the capitalized terms in this Agreement shall have the respective meanings set forth below. “‘2015 IPA” means the Installment Purchase Agreement (2015 Water System Improvement Project) reflecting the financing for the acquisition and improvement of an existing water system through a credit facility, with installment payments to be made by the City of Waterford to Umpqua Bank and secured by Net System Revenues. “2015 IPA Instrument” means, collectively, any instrument evidencing, securing, or governing the 2015 IPA, including, without limitation, the Installment Purchase Agreement by and between the City of Waterford and Umpqua Bank.
“Act” means the Bergeson-Peace Infrastructure and Economic Development Bank Act, constituting Division 1 of Title 6.7 of the California Government Code (commencing at section 63000 thereof) as now in effect and as it may from time to time hereafter be amended. “Additional Payments” means the payments made pursuant to Section 2.06. “Agreement” means this Installment Sale Agreement, between IBank and the Purchaser, as originally entered into and as amended from time to time pursuant to the provisions hereof. “Amortization Schedule” means that certain amortization schedule attached hereto as Exhibit E.
“Amortization Terms” shall have the meaning set forth in Section 2.03(d). “Authorized Prepayment Period” has the meaning set forth in Section 2.08(b). “Business Day” means any day, Monday through Friday, which is not a legal holiday of the State or the Trustee.
“Certificate of the Purchaser” means a written request or certificate signed by a duly authorized representative of the Purchaser.
“Code” means the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder.
“Criteria” means the “Criteria, Priorities, and Guidelines for the Selection of Projects for Financing under the ISRF Program” dated November 16, 2022, as may thereafter be amended from time to time.
“Current Guidelines” has the meaning set forth in Section 5.07(g). 3 “Current Revenues” means revenues that are both received by the Purchaser and utilized for the payment of the Purchase Price under this Agreement within a six-month period. “Debt Service” means, for any Fiscal Year, the sum of interest, and principal due and payable under this Agreement during such Fiscal Year, the IBank Annual Fee for such Fiscal Year, and any Parity Debt Service for such Fiscal Year. “Effective Date” means the date on which this Agreement is last executed, as set forth on the signature page hereto, and is the date this Agreement becomes effective and binding on the Purchaser and IBank, subject to this Agreement’s terms and conditions. “Enterprise Fund” means the water enterprise fund, separate and apart from the Purchaser’s general operating funds, established by the Purchaser into which all System Revenues are deposited and maintained by the Purchaser pursuant to Section 3.02 and in which IBank has a certain security interest pursuant to the terms of this Agreement. The Purchaser’s Enterprise Fund is composed of the funds received from water transmission, distribution, and sales services provided to the Purchaser’s customers.
“Event of Default” means any of the events described in Section 7.01. “Facility” means those improvements financed with the Facility Funds provided by IBank and to be sold by IBank to the Purchaser pursuant to terms and conditions of this Agreement as more particularly described in Exhibit B, hereto. “Facility Costs” means the costs of the activities set forth in Exhibit B hereto for the construction, acquisition and/or installation of the Facility, all as approved by IBank in its sole and absolute discretion.
“Facility Delivery” has the meaning set forth in Section 2.02. “Facility Funds” means the money provided by IBank to the Purchaser, as agent for IBank, pursuant to this Agreement to purchase and/or construct the Facility as set forth in Section 2.05. The amount of Facility Funds equals the total principal component of the Purchase Price set forth in Section 2.03(b)(1).
“Facility Funds Reduction” means the reduction of the total Facility Funds amount by all or a portion of the Facility Funds not disbursed previously. “Facility Funds Reduction Request” means a written request of the Purchaser to reduce the amount of total Facility funds by all or a portion of the Facility Funds not disbursed previously.
“Fiscal Year” means any twelve-month period extending from July 1 in one calendar year to June 30 of the succeeding calendar year, both dates inclusive, or any other twelve month period selected and designated by the Purchaser as its official fiscal year period and approved by IBank.
4 “IBank Annual Fee” means the fee payable to IBank pursuant to Section 2.06 and calculated, including for any pro rata portion, pursuant to Section 2.03. “IBank Fiscal Year” means any twelve month period extending from July 1 in one calendar year to June 30 of the succeeding calendar year, both dates inclusive. “Independent Accountant” means any certified public accountant or firm of certified public accountants duly licensed or registered or entitled to practice and practicing as such under the laws of the State, appointed by the Purchaser who, or each of whom:
(a) Is in fact independent and not under the direct or indirect control of the Purchaser or IBank;
(b) Does not have any substantial interest, direct or indirect, in the Purchaser, IBank, or the Facility; and
(c) Is not connected with the Purchaser or IBank as a member, officer, or employee of the Purchaser or IBank, but who may be regularly retained to make reports to the Purchaser or IBank.
“Independent Consultant” means any consultant or firm of such consultants judged by the Purchaser to have experience in matters relating to the collection of System Revenues or other experience with respect to the financing of System projects, as appropriate, appointed and paid by the Purchaser who, or each of whom:
(a) Is in fact independent and not under the direct or indirect control of the Purchaser or IBank;
(b) Does not have any substantial interest, direct or indirect, in the Purchaser or IBank; and
(c) Is not connected with the Purchaser or IBank as a member, officer or employee of the Purchaser or IBank, but who may be regularly retained to make reports to the Purchaser or IBank.
“Installment Payments” means the principal and interest payments to be made by the Purchaser to IBank in payment of the Purchase Price hereunder. “Interest Payment Date” means February 1 and August 1 of every year in which the Purchase Price remains unpaid.
“Investment Property” means any security or obligation, any annuity contract, or any other investment-type property, but does not include any Tax Exempt Obligation unless such obligation is a “specified private activity bond” within the meaning of section 57(a)(5)(C) of the Code.
“IRS” has the meaning set forth in Section 5.07(g).
5 “Liquidated Damages Charge” has the meaning set forth in Section 2.06(a)(4). “Liquidated Damages Period” has the meaning set forth in Section 5.03(f). “Maximum Annual Debt Service” means as of the date of calculation, the greatest total Debt Service payable in any Fiscal Year during which this Agreement is in effect. “Maximum Rate” has the meaning set forth in Section 8.23. “Net System Revenues” means, for any Fiscal Year, all System Revenues received by the Purchaser for such Fiscal Year less the Operations and Maintenance Costs for such Fiscal Year. “Nongovernmental Persons” means any person or entity other than any state, or political subdivision of a state, but excludes the United States and its agencies or instrumentalities. “Operations and Maintenance Costs” means the reasonable and necessary costs paid or incurred by the Purchaser for maintaining and operating the System, determined in accordance with generally accepted accounting principles, consistently applied, including all reasonable expenses of management, costs of repair, acquisition of material, equipment, electricity, fuel, or water, and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all administrative costs of the Purchaser that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits and licenses to operate the System and insurance premiums, and including all other reasonable and necessary costs of the Purchaser or charges required to be paid by it to comply with the terms hereof; but excluding in all cases depreciation, replacement and obsolescence charges or reserves therefor and amortization of intangibles. “Opinion of Counsel” means a written opinion of counsel of recognized national standing in the field of law relating to municipal bonds, appointed by the Purchaser and approved by IBank, or appointed by IBank, and in all cases paid for by the Purchasers and acceptable to IBank in its sole and absolute discretion.
“Origination Fee” means a payment in the amount of twenty-five thousand dollars ($25,000.00) that shall be due and payable by the Purchaser on the Effective Date. “Parity Debt” means to the extent outstanding, the obligations associated with the 2015 IPA, together with the obligation to pay money established or evidenced by any Parity Debt Instrument, including any loan, bond, note, advance, installment sale agreement, capital lease or other indebtedness or agreement to incur or pay indebtedness, payable from and/or secured by a lien on the Net System Revenues and/or legally available amounts in the Enterprise Fund, on parity with the lien established by this Agreement securing the Installment Payments and Additional Payments, issued or incurred pursuant to and in accordance with the provisions of Section 2.11.
“Parity Debt Instrument” means, collectively, any instrument establishing, evidencing, governing, or securing Parity Debt, including without limitation any indenture, lease, installment sale agreement, or loan agreement relating to such Parity Debt, as applicable, and specifically including the 2015 IPA.
6 “Parity Debt Service” means, for any Fiscal Year, the sum of: (1) the principal and interest due and payable during such Fiscal Year for all outstanding Parity Debt, and (2) annual fees, if any, under Parity Debt or established by a Parity Debt Instrument. “Payment Account” means the funds or accounts (or any portions of any funds or accounts), established pursuant to Section 2.03(c) hereof, that will hold monies that the Purchaser expects to use to pay the Purchase Price under this Agreement. “Phase I Environmental Site Assessment” means an investigation of the environmental condition of the Facility, including all improvements and real property as well as surrounding improvements and real property, to determine the possibility of contamination, based on visual observation, interviews with knowledgeable persons, and the review of records and databases, in a manner consistent with the current standards and practices employed typically by State Registered Environmental Assessors, or other professionals licensed in the State as engineers or geologists, performing environmental assessments in the same general geographic location as the Facility.
“Phase II Environmental Site Assessment” means the in-situ sampling and laboratory analysis of any contamination discovered in connection with a Phase I Environmental Site Assessment, in a manner consistent with the current standards and practices employed typically by State Registered Environmental Assessors, or other professionals licensed in the State as engineers or geologists, performing environmental assessments in the same general geographic location as the Facility.
“Preliminary Costs” means architectural, engineering, surveying or soil testing costs, reports such as environmental impact reports, Phase I or Phase II Environmental Site Assessments, feasibility studies, rate studies and CEQA reports, and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of a project, but not land acquisition, site preparation or similar costs incident to the commencement of construction.
“Prepayment Agreement” has the meaning set forth in Section 2.08(f). “Prepayment Request” means any written request of the Purchaser to prepay all or a portion of the principal component of the Purchase Price. “Prior Guidelines” has the meaning set forth in Section 5.07(g). “Proceeds Bonds” means bonds issued, or to be issued, by IBank the proceeds of which may be used, in whole or part, to provide the Facility Funds. “Prohibited Prepayment Period” has the meaning set forth in Section 2.08(a)(2). “Prop 218 Law” means, collectively, the California Constitution article XIII D, the statutes implementing it, and the published California Appellate Court and Supreme Court decisions interpreting it in effect on the Effective Date and as such law may be amended or interpreted from time to time.
7 “Purchase Price” means the principal amount plus the interest thereon owed by the Purchaser to IBank under the conditions and terms hereof for the payment of the costs of the Facility, and the incidental costs and expenses related thereto paid by IBank. “Purchaser Representative” shall have the meaning set forth in Section 8.10 hereto. “’Rate Challenge’ shall have the meaning set forth in Section 5.26 hereto. “Replacement Agreement Covenant” shall have the meaning set forth in Section 5.11. “Report” means a written document signed by an Independent Consultant or an Independent Accountant, and including:
(a) A statement that the person or firm making or giving such Report has read the pertinent provisions of this Agreement to which such Report relates; (b) A brief statement as to the nature and scope of the examination or investigation upon which the Report is based; and
(c) A statement that, in the opinion of such person or firm, sufficient examination or investigation was made as is necessary to enable said consultant to express an informed opinion with respect to the subject matter referred to in the Report. “Reporting Covenants” shall have the meaning set forth in Section 5.03(f). “Revised Amortization Schedule” shall have the meaning set forth in Section 2.03(f). “Secured Bonds” means bonds of one or more series issued, or to be issued, by IBank to which certain rights of IBank under this Agreement, including the right to receive the Installment Payments, may be from time to time pledged or assigned directly or indirectly as security for such bonds.
“Senior Debt” means the obligation to pay money established or evidenced by any Senior Debt Instrument, including any loan, bond, note, advance, installment sale agreement, capital lease or other indebtedness or agreement to incur or pay indebtedness, payable from and/or secured by a lien on the Net System Revenues and/or legally available amounts in the Enterprise Fund, which is senior to the lien established by this Agreement securing the Installment Payments and Additional Payments. As of the date of this Agreement, the City has not issued any outstanding Senior Debt.
“Senior Debt Instruments” means, collectively, any instrument establishing, evidencing, governing, or securing Senior Debt, including without limitation any indenture, lease, installment sale agreement, or loan agreement relating to such Senior Debt, as applicable. “Service Contract” has the meaning set forth in Section 5.07(g). “State” means the State of California.
8 “Subordinate Debt” means the obligation to pay money established or evidenced by any Subordinate Debt Instrument, including any loan, bond, note, advance, installment sale agreement, capital lease or other indebtedness or agreement to incur or pay indebtedness, payable from and/or secured by a lien on Net System Revenues and/or legally available amounts in the Enterprise Fund, which is subordinate to the lien established by this Agreement securing the Installment Payments and Additional Payments.
“Subordinate Debt Instruments” means, collectively, any instrument establishing, evidencing, governing, or securing Subordinate Debt, including without limitation any indenture, lease, installment sale agreement, or loan agreement relating to such Subordinate Debt, as applicable.
“Subordinate Debt Service” means, for any Fiscal Year, the sum of: (1) the principal and interest due and payable during such Fiscal Year for all outstanding Subordinate Debt, and (2) annual fees, if any, under Subordinate Debt or established by a Subordinate Debt Instrument. “System” means the entire water supply system owned or operated by the Purchaser, including but not limited to all facilities, real and personal property, works, improvements, rights, or entitlements at any time owned, operated or determined to be part of the System by the Purchaser for the delivery of potable water within the service area of the Purchaser, together with any necessary lands, rights, entitlements and other property useful in connection therewith, together with all extensions thereof and improvements or additions thereto hereafter acquired, constructed or installed by the Purchaser.
“System Revenues” means, for each Fiscal Year, all gross income and revenue received or receivable by the Purchaser from the ownership or operation of the System, determined in accordance with generally accepted accounting principles, consistently applied, including all rates, fees and charges (including connection fees and charges) received by the Purchaser for the services of the System, and all other income and revenue howsoever derived by the Purchaser from the ownership or operation of the System or arising from the System, and also including all legally available income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund, and the proceeds of any taxes, but excluding in all cases any refundable deposits made to establish credit, and advances or contributions in aid of construction.
“Tax Exempt Obligation” means any obligation the interest on which is excluded from gross income for federal income tax purposes pursuant to section 103 of the Code, and Title XIII of the Tax Reform Act of 1986, as amended, as well as stock in a regulated investment company to the extent at least ninety-five percent (95%) of income to the stockholder is treated as interest that is excludable from gross income under section 103 of the Code. “Trustee” means the trustee acting in its capacity as such in connection with any Proceeds Bonds or Secured Bonds, or any successor or assignee as therein provided, including IBank.
SECTION 1.02. Rules of Construction.
Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, and pronouns inferring the masculine gender shall 9 include the feminine gender and vice versa. All references herein to particular articles or sections are references to articles or sections of this Agreement. The headings, subheadings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meanings, construction or effect. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
SECTION 1.03. Conditions Precedent.
IBank shall have no obligation under this Agreement until the following conditions precedent have, in IBank’s reasonable discretion, been satisfied fully. (a) IBank shall have received a copy of this Agreement bearing the Purchaser’s original signature and IBank shall have counter-signed this Agreement and provided a copy of this Agreement bearing its signature to the Purchaser. (b) IBank shall have received a copy of a resolution duly adopted by the Purchaser’s governing body approving entry into this Agreement in form and content acceptable to IBank, a copy of which shall be attached hereto as Exhibit A. (c) IBank shall have received an originally executed copy of an opinion of the Purchaser’s legal counsel in form and content substantially similar to the Form of Opinion of Legal Counsel to the Purchaser attached hereto as Exhibit D. (d) The Purchaser shall have paid to IBank the Origination Fee. (e) The Purchaser shall have provided satisfactory evidence that it has expended fully its funds, or has immediately available committed funds to expend, for each of the items in Exhibit F, Schedule of Sources and Uses of Facility Funds, denoted to be the responsibility of the Purchaser, if any.
ARTICLE II
TERMS OF SALE
SECTION 2.01. Purchase and Sale.
IBank hereby agrees to sell to the Purchaser, and the Purchaser hereby agrees to purchase from IBank, the Facility under and subject to the terms of this Agreement. This Agreement constitutes a continuing agreement between the Purchaser and IBank to secure the full and final payment of the Purchase Price, subject to the covenants, agreements, provisions and conditions herein contained.
SECTION 2.02. Design, Acquisition, Construction, and Sale of the Facility. (a) IBank hereby agrees to perform all necessary acts, including but not limited to acquisition, entitlement, permitting, installation, design, remediation and improvement, to construct and deliver an operational Facility (“Facility Delivery”) for the benefit of, and to sell 10 the Facility to, the Purchaser. In order to implement this provision, IBank hereby appoints the Purchaser as its agent for the purpose of performing all necessary acts to achieve Facility Delivery; and the Purchaser hereby accepts such appointment and agrees to perform all acts necessary to achieve Facility Delivery, including, but not limited to, entry into such engineering, design and construction contracts and purchase orders as may be necessary, as agent for IBank, to achieve Facility Delivery. The Purchaser hereby agrees that as such agent it will cause the Facility Delivery to be diligently pursued and completed as soon as reasonably possible given the nature of, and inherent challenges in connection with, the construction of the Facility and prevailing market conditions. IBank hereby agrees to sell, and hereby sells, the Facility to the Purchaser. The Purchaser hereby agrees to purchase, and hereby purchases, the Facility from IBank. Notwithstanding the foregoing, it is hereby expressly understood and agreed that IBank shall have no obligations whatsoever for Facility Delivery and shall, except for providing the Facility Funds pursuant to the terms of this Agreement, be under no liability of any kind or character whatsoever for the payment of any costs or expenses incurred by the Purchaser (whether as agent for IBank or otherwise) for any of the actions associated with the Facility Delivery and that all such costs and expenses shall be paid by the Purchaser, regardless of whether Facility Funds are sufficient to cover all such costs. (b) The Purchaser represents and warrants that all construction contracts and subcontracts necessary for Facility construction have been or will be awarded pursuant to all public contracting requirements applicable to the Purchaser for similar construction contracts and subcontracts.
(c) The Purchaser agrees to achieve Facility Delivery on or before September 24, 2027.
(d) In the event IBank is served with a stop payment notice in connection with the Facility, the Purchaser shall within sixty (60) days cause such stop payment notice to be discharged or released, whether by payment of the sum requested in such stop payment notice, by procurement of a stop payment notice release bond, or by any other legally available means.
IBank shall withhold from the Purchaser amounts sufficient to pay the claim stated in the stop payment notice, and to otherwise comply with applicable law, until such stop payment notice is released and/or discharged to IBank’s satisfaction, in its sole and absolute discretion.
SECTION 2.03. Payment of Purchase Price; Term; Interest Rates. (a) The Purchase Price to be paid by the Purchaser to IBank hereunder is the sum of the principal amount of the Purchaser’s obligation hereunder plus interest, subject to prepayment as provided in Section 2.08. Interest shall accrue on the entire principal balance, whether or not disbursed, as set forth in the Amortization Schedule.
(b) For purposes of this Agreement:
(1) The total principal amount of the Purchase Price to be paid by the Purchaser to IBank hereunder is one million, five hundred thousand dollars ($1,200,000.00). 11 (2) The term of this Agreement commences on the Effective Date and ends on [Insert specific final maturity/final payment date], except as sooner terminated as set forth herein or otherwise extended.
(3) The interest rate is four and thirty-seven hundredths percent (4.37%) per annum.
(c) For purposes of compliance with federal tax laws applicable to IBank’s Proceeds Bonds and/or Secured Bonds, the Purchaser hereby establishes a “Payment Account” within the Enterprise Fund and agrees to deposit monies intended for paying such Installment Payments in the Payment Account until the time that such Installment Payments become due and payable whereupon the Purchaser would take steps to pay Installment Payments as provided herein. (d) The Purchaser shall make Installment Payments of principal and interest as set forth in the Amortization Schedule. IBank shall calculate the Amortization Schedule based on (i) the initial principal amount of the Purchase Price as set forth in Section 2.03(b)(1) hereto, (ii) the term of this Agreement as set forth in Section 2.03(b)(2) hereto, and (iii) the interest rate as set forth in Section 2.03(b)(3) hereto (collectively, the “Amortization Terms”), and shall attach the Amortization Schedule as Exhibit E hereto upon the Effective Date. Interest shall commence to accrue hereunder on [Insert Hard Date], as set forth in the Amortization Schedule. All payments of interest and the IBank Annual Fee shall be computed on the basis of a 360-day year of 12 30-day months. In the absence of manifest error, the Amortization Schedule shall be final, conclusive, and binding on the Purchaser.
(1) The first principal payment shall be due , as set
forth in the Amortization Schedule.
(2) Interest only payments will be based upon the total outstanding principal component of the Purchase Price, including the amounts not disbursed, using an interest rate of four and thirty-seven hundredths percent (4.37%) per annum. (3) Interest shall accrue on the entire outstanding principal balance of the Purchase Price, whether or not Facility Funds have been disbursed, all as set forth in the Amortization Schedule. Provided, however, as an offset against interest paid on undisbursed Facility Funds, the Purchaser shall receive payment following the end of each IBank Fiscal Year on any undisbursed portions of the Facility Funds (excepting any undisbursed Facility Funds subject to a Facility Funds Reduction, as set forth in this Agreement) of the lesser of: (i) the actual interest earned by IBank during such IBank Fiscal Year on the undisbursed portions of the Facility Funds, or (ii) the interest that would have accrued during such IBank Fiscal Year on the undisbursed portions of the Facility Funds calculated using the interest rate of this Agreement.
Said reimbursement shall be in the form of a check payable to the order of the Purchaser at the address set forth in Section 8.09 of this Agreement on or about the ninetieth (90th) calendar day following the end of the IBank Fiscal Year.
(e) Commencing on the day following the end of the interest only period (if any), the principal component of the Purchase Price shall be fully amortized over the remaining term of this Agreement.
12 (f) IBank may, in its sole and absolute discretion, revise the Amortization Schedule (a “Revised Amortization Schedule”) subsequent to the Effective Date to (i) correct any computational error in the prior Amortization Schedule, (ii) account for any partial prepayment permitted under Section 2.08, or (iii) account for any Facility Funds Reduction permitted under Section 2.08. Any Revised Amortization Schedule shall be calculated (i) such that IBank will receive the aggregate sum of all principal and interest Installment Payments it would have received had the Amortization Schedule been calculated correctly based on the Amortization Terms and interest commenced to accrue on [Insert hard date], (ii) to account for any partial prepayment, or (iii) to account for any Facility Funds Reduction, as applicable. The Revised Amortization Schedule shall be incorporated herein automatically upon its completion by IBank, and in the absence of manifest error, any such Revised Amortization Schedule will be final, conclusive, and binding on the Purchaser.
(g) The obligation of the Purchaser to pay the Purchase Price by paying the Installment Payments and Additional Payments is, subject to Section 5.10, absolute and unconditional; and until such time as the Purchase Price shall have been paid in full, the Purchaser shall not discontinue or suspend any Installment Payments or Additional Payments required to be paid by it under this Agreement when due, whether or not the Facility or any part thereof is operating or operable, or its use is suspended, interfered with, reduced, curtailed or terminated in whole or in part; and such payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party to any agreement for any cause whatsoever.
SECTION 2.04. Payment on Business Days.
Whenever in this Agreement any amount is required to be paid on a day that is not a Business Day, such payment shall be required to be made on the Business Day immediately following such day.
SECTION 2.05. Disbursement of Facility Funds.
(a) IBank shall disburse Facility Funds solely for the purposes set forth in Exhibit H hereto. The aggregate sum of disbursements for each category set forth in Exhibit H shall not exceed the corresponding amounts set forth in Exhibit H. Upon compliance with disbursement conditions set forth herein and receipt of a written request for disbursement, IBank will disburse a portion of the Facility Funds to the Purchaser for Facility Costs in amounts of at least five thousand dollars ($5,000), up to a total aggregate amount not to exceed the Facility Funds. All requests for payment shall be accompanied by information and documentation as may be requested by IBank to determine the amount of Facility Funds to be disbursed. (b) Each disbursement request shall specify one or more of the following for Facility Funds sought in the disbursement request:
(1) The Purchaser previously paid the Facility Costs and is requesting reimbursement; or
(2) The Purchaser will pay the Facility Costs directly upon receipt of funds from IBank.
13 (c) By submitting to IBank a disbursement request of the type set forth in subparagraph (b)(1), above, the Purchaser represents and warrants that it has previously paid the Facility Costs indicated in such disbursement request. By submitting to IBank a disbursement request of the type set forth in subparagraph (b)(2), above, the Purchaser represents and warrants that it will pay the Facility Costs indicated in such request directly upon receipt of funds from IBank.
(d) No Facility Funds shall be disbursed unless and until IBank receives documentation, satisfactory to IBank, demonstrating that the Purchaser has incurred costs that constitute both reasonable and necessary Facility Costs and which are consistent with the cost categories, amounts and requirements described in this Agreement. (e) Unless otherwise consented to in writing by IBank, the Purchaser must: (1) begin Facility construction no later than six months after the Effective Date; (2) achieve Facility Delivery and commence occupation and use of the Facility by the date set forth in paragraph
2.02(c); and (3) submit final invoices to IBank for the entire amount of the Facility Funds no later than thirty-five (35) months after the Effective Date. If the Purchaser fails to meet any of these conditions, IBank may, among other legally available remedies, elect to withhold any and all undisbursed Facility Funds pursuant to Section 2.14 herein. (f) Notwithstanding any contrary provisions of this Agreement or any related documents, under no circumstances will IBank be obligated to make disbursements in excess of the lesser of (i) actual Facility Costs incurred or (ii) the amount of the Facility Funds. (g) Not more than ninety-five percent (95%) of each invoice payable from Facility Funds designated for construction shall be disbursed until IBank receives a recorded notice of completion for the Facility or other evidence of completion satisfactory to IBank and the Purchaser has met all conditions precedent to final disbursement set forth herein.
SECTION 2.06. Additional Payments.
(a) The Purchaser shall pay Additional Payments to IBank as follows:
(1) A payment of the IBank Annual Fee on August 1st of each year during the term of this Agreement in an amount equal to three tenths of one percent (0.3%) of the outstanding principal component of the remaining Installment Payments as set forth in the Amortization Schedule; and
(2) Amounts in each year as shall be required by IBank for the payment of extraordinary expenses of IBank in connection with any amendment or modification of this Agreement requested by the Purchaser, any Event of Default, or the enforcement of this Agreement or any amendments hereto, including all expenses, fees and costs of accountants, trustees, and attorneys, litigation costs, insurance premiums and all other extraordinary costs of IBank. Extraordinary expenses and extraordinary costs are those expenses and costs related to this Agreement that IBank determines in its reasonable discretion to be in excess of ordinary and customary expenses and costs incurred as part of the IBank Annual Fee pursuant to this Section
2.06. IBank shall from time-to-time submit invoices to the Purchaser for such Additional 14 Payments, together with any appropriate supporting documents for such extraordinary costs or expenses. The Purchaser shall pay such invoices within 45 calendar days of receipt; (3) The Purchaser shall deposit the IBank Annual Fee with IBank not later than August 1st of each year and the Purchaser shall pay to IBank the amount billed pursuant to subsection (2) within thirty (30) days from the date of the invoice. Any amounts not promptly paid shall accrue interest at the lesser of twelve percent (12%) per annum or the Maximum Rate; and
(4) Unless expressly waived by IBank in writing, in the event the Purchaser fails to cure any Reporting Covenants noncompliance as set forth in Section 5.03(f) or fails to cure any Replacement Agreement Covenant noncompliance within sixty (60) days after receipt by the Purchaser of the replacement agreement from IBank as set forth in Section 5.11 of this Agreement, an amount equal to $1,000 shall automatically be imposed monthly as liquidated damages charged to the Purchaser and not as a penalty (the “Liquidated Damages Charge”), and shall continue to be imposed throughout the Liquidated Damages Period. The Purchaser shall be obligated to pay the Liquidated Damages Charge as Additional Payments. Such Additional Payment shall be reflected in an IBank invoice to the Purchaser. The Purchaser agrees that, under the circumstances existing as of the date of this Agreement, such Liquidated Damages Charge represents a reasonable estimate of the costs and expenses IBank will incur as a result of the Purchaser’s noncompliance with the Reporting Covenants and/or the Replacement Agreement Covenant. Nothing herein shall be construed as an express or implied agreement by IBank to forbear on its exercise of any other rights or remedies provided by this Agreement, as a waiver of such rights or remedies, or as a waiver of any default or Event of Default under this Agreement.
SECTION 2.07 Reserved.
SECTION 2.08. Limitations on Prepayment and Facility Funds Reductions. (a) Limitation on Early Prepayment. The Purchaser is not permitted to prepay all or a portion of the outstanding principal component of the Purchase Price during the period commencing with the Effective Date and ending with the date that is ten (10) years after the Effective Date (the “Prohibited Prepayment Period”).
(b) Authorized Prepayment Period. At any time, after ten (10) years from the Effective Date (the “Authorized Prepayment Period), the Purchaser, upon satisfaction of the conditions of this Section 2.08, may prepay all or a portion of the outstanding principal amount of the Purchase Price. The Purchaser shall pay to IBank all interest accrued and unpaid on the prepayment amount through the date of prepayment, plus any Additional Payments, plus the pro rata portion of the IBank Annual Fee.
(c) Facility Funds Reduction. During the Prohibited Prepayment Period the amount of undisbursed Facility Funds will not be reduced and will continue to accrue interest and other charges as set forth in this Agreement. During the Authorized Prepayment Period, upon satisfaction of the conditions of this Section 2.08, the Purchaser may obtain a Facility Funds Reduction. The Purchaser shall pay to IBank all interest accrued and unpaid on the Facility 15 Funds Reduction amount through the date of the Facility Funds Reduction, plus any Additional Payments, plus the pro rata portion of the Annual Fee.
(d) Written Request Required. The Purchaser must provide IBank with its Prepayment Request or Facility Funds Reduction Request in writing and at least ninety (90) days prior to the requested prepayment or reduction date. IBank will not accept any prepayment funds from the Purchaser, or implement a Facility Funds Reduction, unless and until all applicable requirements of this Section 2.08 have been met.
(e) Amendment for Partial Prepayment or Facility Funds Reduction. If during the Authorized Prepayment Period the Purchaser prepays a portion of the outstanding principal component of the Purchase Price or makes a Facility Funds Reduction, then IBank and the Purchaser shall enter into an amendment to this Agreement reflecting the terms of the prepayment or Facility Funds Reduction, including a Revised Amortization Schedule, and the Purchaser shall pay to IBank all interest accrued and unpaid on the prepayment amount or Facility Funds Reduction amount through the date of prepayment or Facility Funds Reduction, plus the portion of the outstanding principal component of the Installment Payments approved for prepayment, plus any Additional Payments, plus the pro rata portion of the Annual Fee.
IBank will not accept any prepayment, and any Facility Funds Reduction will not take effect, until the Parties have executed such amendment to this Agreement. (f) Prepayment Agreement for Full Prepayment. In the event the Purchaser elects to prepay the entire outstanding amount of the Purchase Price as set forth in paragraph 2.08(b), the Parties shall enter into a prepayment agreement (a “Prepayment Agreement”) in form and content acceptable to IBank in its sole and absolute discretion. IBank will not accept a full prepayment, and the Purchaser’s obligations under this Agreement will not terminate as set forth in Section 8.05 of this Agreement, until the Parties have executed a Prepayment Agreement.
SECTION 2.09. Validity of Pledge and First Lien.
The pledge of the Net System Revenues and all legally available amounts in the Enterprise Fund, pursuant to Section 3.01, constitutes a valid pledge of and first position lien on all of the Net System Revenues and all legally available amounts in the Enterprise Fund on parity with the lien(s) securing the Parity Debt.
SECTION 2.10. Limited Obligation.
The Purchaser’s obligation to make Installment Payments is a special obligation of the Purchaser payable solely from Net System Revenues or other legally available amounts in the Enterprise Fund as provided herein and does not constitute a debt of the Purchaser or the State of California or of any political subdivision thereof within the meaning of any constitutional or statutory debt limit or restriction.
SECTION 2.11. Permitted Additional Parity Debt.
(a) The Purchaser may, after the Effective Date, issue or incur Parity Debt in such principal amount as shall be determined by the Purchaser subject to the requirements for 16 additional obligations as set forth in all existing Parity Debt Instruments and the following specific conditions, which are hereby made conditions precedent to the Purchaser’s issuance and delivery of such Parity Debt, provided that to the extent that an existing Parity Debt Instrument conflicts with any of the requirements set forth in this Section 2.11, the more restrictive provision shall prevail:
(1) No Event of Default hereunder or under any other instrument secured by System Revenues shall have occurred and be continuing, and the Purchaser shall otherwise be in compliance with all covenants set forth in this Agreement; and (2) Net System Revenues calculated pursuant to generally accepted accounting principles, consistently applied, and excluding the proceeds of any taxes and also excluding any balances in any fund at the beginning of the period of the computation, as shown by the books of the Purchaser for the latest Fiscal Year, or any more recent twelve month period selected by the Purchaser ending not more than sixty (60) days prior to the adoption of the resolution pursuant to which instrument such Parity Debt is issued or incurred, as shown by the books of the Purchaser, plus, at the option of the Purchaser, either or both of the items below designated in subsections (b)(1) and (b)(2), shall have amounted to at least 1.20 times the Maximum Annual Debt Service taking into consideration the maximum annual debt service payable in any Fiscal Year on the proposed Parity Debt, as set forth in the Report of an Independent Accountant or Independent Consultant delivered to IBank; provided, however, that where the proposed Parity Debt is with IBank, no Report of an Independent Accountant or Independent Consultant shall be required.
(b) Either or both of the following allowances may be added to Net System Revenues for the purpose of meeting the condition contained in subsection (a)(2) above:
(1) An allowance for increased System Revenues from any additions to or improvements or extensions of the System to be made with the proceeds of such proposed Parity Debt, and also for System Revenues from any such additions, improvements, or extensions which have been made from moneys from any source but which, during all or any part of such Fiscal Year or any more recent twelve month period, were not in service, all in an amount equal to ninety percent (90%) of the estimated additional average annual System Revenues to be derived from such additions, improvements, and extensions for the first thirty six (36) month period following closing of the proposed Parity Debt, all as shown in the Report of an Independent Accountant or Independent Consultant delivered to IBank; provided however, that in those instances where the proposed Parity Debt is with IBank, no Report of an Independent Accountant or Independent Consultant shall be required; and/or (2) An allowance for increased System Revenues arising from any increase in the charges made for service from the System which has become effective prior to the incurring of such proposed Parity Debt but which, during all or any part of such Fiscal Year or any more recent twelve (12) month period, was not in effect in an amount equal to one hundred percent (100%) of the amount by which System Revenues would have been increased if such increase to charges had been in effect during the whole of such time period and any period prior to the incurring of such proposed Parity Debt, as shown in the Report of an Independent Accountant or Independent Consultant delivered to IBank; provided however, that where the proposed Parity 17 Debt is with IBank, no Report of an Independent Accountant or Independent Consultant shall be required.
(c) For purposes of making the calculations set forth in subsection (a)(2):
(1) If any Parity Debt includes capital appreciation bonds, then the accreted value payment thereof shall be deemed a principal payment and interest that is compounded and paid as accreted value shall be deemed due on the scheduled redemption or payment date of such capital appreciation bond;
(2) If any Parity Debt includes interest payable pursuant to a variable interest rate formula, the variable interest rate portion of such Parity Debt for periods when the actual interest rate cannot yet be determined, shall be assumed to be the maximum interest rate under the Parity Debt.
(d) The Purchaser shall deliver to IBank, prior to incurring or issuing such proposed Parity Debt, a copy of the proposed Parity Debt Instrument and Certificate of the Purchaser certifying that the conditions precedent to the issuance of such Parity Debt set forth in subsections (a) and (b) above have been satisfied and, as applicable, the Report required by subsections (a) and (b) above has been delivered; provided however, that where the proposed Parity Debt is with IBank, no copy of the proposed Debt Instrument nor Report shall be required and the certification required by this Section 2.11(d) may be made as part of the Parity Debt Instrument for the new IBank Parity Debt.
(e) Notwithstanding subsections (a)(2), (b), (c), and (d) above, proposed Parity Debt to be issued for the purpose of refunding outstanding Parity Debt may be issued without compliance with subsections (a)(2), (b), (c) and (d) above, so long as such refunding results in lower Parity Debt Service in each Fiscal Year after such refunding and the final maturity date of the refunding Parity Debt is no later than the final maturity date of the refunded Parity Debt. The Purchaser shall deliver to IBank the Parity Debt Instrument for such refunding within 30 days of such Parity Debt issuance.
SECTION 2.12. The Purchaser’s Obligation for Other Facility Costs.
The Purchaser acknowledges and agrees that the amount of IBank’s obligations under this Agreement is limited to the amount of the Facility Funds. As such, it is the Purchaser’s obligation to pay all other costs associated with or needed for completion of the Facility in excess the Facility Funds amount.
SECTION 2.13. Project and Facility Descriptions.
For the purposes of this Agreement, the description of each of the Facility shall be as set forth in Exhibit B hereto.
SECTION 2.14. Withholding of Facility Funds.
(a) IBank may withhold all or any portion of the Facility Funds in the event that:
18 (1) The Purchaser has violated any of the material terms, provisions, conditions, commitments, representations, warranties, or covenants of this Agreement, as determined by IBank in its reasonable discretion, or if an Event of Default has occurred; or (2) The Purchaser is unable to demonstrate, to the satisfaction of IBank in its reasonable discretion, the ability to complete the Facility or to maintain adequate progress toward completion thereof.
(b) In the event that Facility Funds are withheld from the Purchaser, IBank shall notify the Purchaser of the reasons, identify any conditions the Purchaser must satisfy in order to resume disbursements, and advise the Purchaser of the time in which to remedy the failure or violation or satisfy the applicable conditions.
(c) If Facility Funds are withheld pursuant to this section, the Purchaser remains obligated to repay the entire amount of the Purchase Price but to the extent applicable, the Purchaser may submit to IBank a Facility Funds Reduction Request pursuant to Section 2.08.
SECTION 2.15. Reserve Account.
There is no reserve account required under this Agreement except as further described in this Section 2.15. In the event that (i) the Purchaser incurs Parity Debt after the Effective Date in accordance with the requirements of Section 2.11; and (ii) such Parity Debt requires the Purchaser to establish a reserve fund or account, unless waived in writing by IBank, the Purchaser shall establish, fund, and maintain, so long as any obligations under this Agreement remain outstanding, a reserve account in favor of IBank in an amount equal to the reserve requirement of such Parity Debt multiplied by the proportion of the outstanding principal balance of the Purchase Price of this Agreement to the Parity Debt Amount, not to exceed the maximum annual debt service established under this Agreement. Said reserve account shall be established and funded immediately upon the closing of the Parity Debt transaction.
SECTION 2.16. Permitted Subordinate Debt.
The Purchaser may issue or incur Subordinate Debt following the Effective Date in such principal amount as shall be determined by the Purchaser subject to the following specific conditions precedent to the issuance or incurrence of such Subordinate Debt. (a) No Event of Default hereunder, and no default under any other obligation or instrument secured by Net System Revenues, shall have occurred and be continuing, and the Purchaser shall be in compliance with all covenants of this Agreement and any other instrument securing, evidencing, governing, or relating to other obligations secured by, Net System Revenues.
(b) Net System Revenues calculated pursuant to generally accepted accounting principles, consistently applied, and excluding the proceeds of any taxes and also excluding any balances in any fund at the beginning of the period of the computation, as shown by the books of the Purchaser for the latest Fiscal Year, or any more recent twelve (12) month period selected by the Purchaser ending not more than sixty (60) days prior to the adoption of the resolution pursuant to which instrument such Subordinate Debt is issued or incurred, as shown by the books 19 of the Purchaser, shall have amounted to at least 1.0 times the aggregate sum of the Maximum Annual Debt Service of all debt secured by Net System Revenues and/or legally available amounts in the Enterprise Fund and the maximum annual debt service payable in any Fiscal Year on all Subordinate Debt, including the proposed Subordinate Debt, as set forth in the Report of an Independent Accountant or Independent Consultant delivered to IBank.
ARTICLE III
PLEDGE OF REVENUES; APPLICATION OF FUNDS
SECTION 3.01. Pledge of Net System Revenues.
The Installment Payments and Additional Payments and all Parity Debt shall be equally secured by a pledge of and first lien on all of the Net System Revenues and all legally available amounts in the Enterprise Fund, without preference or priority for series, issue, number, dated date, sale date, date of execution or date of delivery. The Net System Revenues and all legally available amounts in the Enterprise Fund are hereby pledged in their entirety to the payment of Installment Payments and Additional Payments. The Net System Revenues and all legally available amounts in the Enterprise Fund shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Purchaser.
Neither the Installment Payments, the Additional Payments nor this Agreement is a debt of IBank, the State or any of its political subdivisions (other than the Purchaser) and neither IBank, the State nor any of its political subdivisions (other than the Purchaser) is liable thereon.
Pursuant to Section 5451 of the State Government Code of the State, the pledge of the Purchaser’s Net System Revenues for the repayment of the principal of, premium, if any, and interest components of the Installment Payments constitutes a first lien and security interest which immediately attaches to such Net System Revenues, and is effective and binding against the Purchaser and its successors and creditors and all others asserting rights therein irrespective of whether those parties have notice of the pledge, irrespective of whether such amounts are or may be deemed to be a fixture and without the need for physical delivery, recordation, filing or further act.
SECTION 3.02. System Revenues to be Deposited in the Enterprise Fund.
In order to carry out its obligation to pay the Installment Payments and Additional Payments, the Purchaser agrees and covenants that it shall maintain the Enterprise Fund as a distinct fund separate and apart from the Purchaser’s other funds. All System Revenues received by it shall be deposited when and as received in trust in the Enterprise Fund and shall be applied and used only as and in the order provided herein: The Purchaser shall pay all Operations and Maintenance Costs (including amounts reasonably required to be set aside in contingency reserves for Operations and Maintenance Costs the payment of which is not then immediately required) from the Enterprise Fund as they become due and payable, and all remaining money on deposit in the Enterprise Fund shall then be used to pay Section 3.03 amounts. After making all the set asides and payments hereinabove required to be made in each Fiscal Year, the Purchaser may expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful 20 purpose of the Purchaser. The Purchaser agrees and covenants to maintain the Enterprise Fund so long as any portion of the Purchase Price remains unpaid.
SECTION 3.03. Priority of Payments Made from the Enterprise Fund.
The Purchaser shall promptly pay the following amounts in the following order and at the following times:
(a) Installment Payments and Additional Payments.
(1) The Purchaser shall promptly pay to (A) IBank (i) the principal portion of the Installment Payments, together with the IBank Annual Fee, which is due at IBank by August 1 st of each year, as set forth on the Amortization Schedule, and (ii) the interest portions of Installment Payments, which are due at IBank by each Interest Payment Date, as set forth in the Amortization Schedule; and (B) the trustee(s) or holder(s) of any Parity Debt, payment of Parity Debt Service as it becomes due and payable, all on a pro rata basis. (2) The Purchaser shall promptly pay to (A) IBank Additional Payments due pursuant to Section 2.06, and (B) the trustee(s) or holder(s) of any other Parity Debt, payment of any payments due under the applicable Parity Debt Instrument that are not Parity Debt Service, all on a pro rata basis.
(b) Reserve Accounts.
Any amounts needed to replenish reserve accounts, if any, established hereunder or for any Parity Debt, all on a pro rata basis
(c) Approved Subordinate Debt Payments.
Payment of Subordinate Debt Service as it becomes due and payable on Subordinate Debt pursuant to Subordinate Debt issued or incurred in accordance with Section
2.16 hereof.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF THE PURCHASER
SECTION 4.01. Organization; Authority.
The Purchaser is duly organized and existing as a municipal corporation under the laws of the State and has all necessary power and authority to enter into and perform its duties (including, but not limited to, the authority to set rents, fees, rates and charges without the approval of any other governing body and to pledge the Net System Revenues or those certain amounts on deposit in the Enterprise Fund) under this Agreement. 21 SECTION 4.02. Agreement Valid and Binding.
This Agreement has been duly authorized, executed and delivered by the Purchaser and constitutes the legal, valid and binding obligation of the Purchaser, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors’ rights generally.
SECTION 4.03. No Conflict in Execution of Agreement.
The execution and delivery by the Purchaser of this Agreement and compliance with the provisions hereof will not conflict with or constitute a breach of or default by the Purchaser under any law, administrative regulation, court decree, resolution, charter, by-law, or any agreement to which the Purchaser is subject or by which it is bound or by which its properties may be affected.
SECTION 4.04. No Litigation.
There is no action, suit, proceeding or investigation at law or in equity before or by any court or governmental agency or body pending or threatened against the Purchaser to restrain or enjoin the execution or delivery of this Agreement, or in any way contesting or affecting the validity of this Agreement, or contesting the powers of the Purchaser to enter into or perform its obligations under this Agreement, or that would affect the Purchaser’s ability to perform its obligations under this Agreement, including, but not limited to, the pledge of Net System Revenues and legally available amounts on deposit in the Enterprise Fund.
SECTION 4.05. No Breach or Default.
The Purchaser is not in breach of or in default under any applicable law or administrative regulation of the State or the United States, the Constitution of the State (including article XVI, section 18 thereof), any applicable judgment or decree, any agreement, indenture, bond, note, resolution, agreement or other instrument to which the Purchaser is a party or is otherwise subject which, if not resolved in favor of the Purchaser, would have a material adverse impact on the Purchaser’s ability to perform its obligations under this Agreement and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument.
SECTION 4.06. No Consent, Approval, or Permission Necessary.
No consent or approval of any trustee or holder of any indebtedness of the Purchaser, and no consent, permission, authorization, order or licenses of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of this Agreement or the consummation of any transaction contemplated herein, except as have been obtained or made and as are in full force and effect.
22 SECTION 4.07. Accuracy and Completeness of Information Submitted to IBank.
The information relating to the Purchaser and its System submitted by the Purchaser to IBank, including, but not limited to, all information in the application for Facility Funds was true at the time submitted to IBank and, as of the Effective Date, remains true and correct in all material respects; and such information did not and does not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein not misleading in light of the circumstances under which they were made.
SECTION 4.08. Financial Statements of the Purchaser.
The Purchaser’s financial statements that have been furnished to IBank were prepared in conformity with generally accepted accounting principles, consistently applied, and fairly present in all material respects the financial condition of the Purchaser as of the date thereof and the results of its operations for the period covered thereby. There has been no material adverse change in the business, condition (financial or otherwise), or operations of the Purchaser since the date of such financial statements.
SECTION 4.09. Licenses, Permits, and Approvals for Completion of Facility.
The Purchaser has obtained, or has applied for and will obtain within a timeframe that will allow the Purchaser to achieve Facility Delivery and to operate the Facility by the date set forth in paragraph 2.02(c), all licenses, entitlements, certificates, authorizations, permits and approvals from any governmental agency or authority having jurisdiction over the Purchaser or the Facility required to commence construction of the Facility, for Facility Delivery, and to commence operations of the Facility.
SECTION 4.10. Authority to Operate the System.
The Purchaser has obtained all licenses, entitlements, certificates, authorizations, permits, and approvals from any governmental agency or authority having jurisdiction over the Purchaser or the System required for the operation of the System.
SECTION 4.11. Valid Title; No Conflict.
(a) The Purchaser, upon completion of the Facility, will have good and valid title to the Facility sufficient to carry out the purposes of this Agreement. (b) To the best of the Purchaser’s knowledge no officer, member of the Board of Directors, or official of IBank has any material interest in the Facility, the Purchaser, or in the transactions contemplated by this Agreement.
SECTION 4.12. Other Liens; No Lien Senior to IBank Lien.
Except as may otherwise be described herein, as of the Effective Date, there is no other debt or obligation that places a lien on or in any way encumbers the Purchaser’s Net System Revenues and/or legally available amounts in the Enterprise Fund other than the first lien established by Section 3.01 of this Agreement, and, to the extent outstanding, the lien established 23 by the 2015 IPA Instrument. Further, the Purchaser represents and warrants that the lien on Net System Revenues and legally available amounts on deposit in the Enterprise Fund established by Section 3.01 of this Agreement is not junior to any lien and is on parity with, to the extent outstanding, the lien on Net System Revenues and certain amounts on deposit in the Enterprise Fund established by the 2015 IPA Instrument.
SECTION 4.13. Purchaser’s Compliance with Prop 218 Law.
The Purchaser hereby represents and warrants that, as of the Effective Date, the rates, fees and charges it imposes on its System customers are legal, valid, and comply with the Prop 218 Law. The Purchaser further specifically warrants and represents that (i) the rates, fees and charges it imposes on its System customers do not exceed, in the aggregate, the funds required to operate the System, and (ii) its method of allocating rates, fees and charges among users of the System complies with the proportionality requirements of the Prop 218 Law.
SECTION 4.14. No Challenge to Purchaser’s Rates, Fees and Charges.
The Purchaser hereby represents and warrants that, as of the Effective Date, there is no action, suit, proceeding or investigation at law or in equity before or by any court or governmental agency or body pending or threatened challenging Purchaser’s compliance with the Prop 218 Law as it applies to Purchaser’s rates, fees and charges.
SECTION 4.15. Water Sources.
As of the Effective Date the Purchaser holds legally valid and binding rights to obtain water in sufficient volume and quality to meet the projected demand of its customers throughout the term of this Agreement.
SECTION 4.16. Continuing Validity of Representations and Warranties.
Unless the representations and warranties set forth in this Article IV are limited by their express terms to a specific time period or a point in time, the foregoing representations and warranties are true, accurate, and correct as of the Effective Date and shall continue to be true, accurate, and correct throughout the term of this Agreement.
ARTICLE V
AFFIRMATIVE COVENANTS OF THE PURCHASER
SECTION 5.01. Punctual Payment.
The Purchaser hereby covenants to punctually pay, or cause to be paid, all payments required hereunder when due and in all other respects in strict conformity with the terms of this Agreement, and to faithfully observe and perform all of the conditions, covenants, and requirements of this Agreement.
24 SECTION 5.02. Payment of Claims.
The Purchaser hereby covenants that, from time to time, it will pay and discharge, or cause to be paid and discharged, any and all lawful claims for labor, materials or supplies, which, if unpaid, might become liens or charges upon the System and all personal and real property related thereto, or upon the System Revenues or any part thereof, or upon any funds in the hands of IBank, or which might impair the security for the payment of the Installment Payments or Additional Payments. Provided, however, nothing herein contained shall require the Purchaser to make any such payment so long as the Purchaser in good faith shall contest the validity of said claims and shall act promptly to remove any liens or charges arising from said claims, by, among other things, obtaining surety bonds to cause the release of such liens or charges.
SECTION 5.03. Books and Accounts; Financial Statements. (a) The Purchaser hereby covenants that it will keep proper books of record and accounts in which complete and correct entries shall be made of all transactions relating to the System Revenues. Such books of record and accounts shall at all times during business hours be subject to the inspection of IBank or its designee.
To the extent that any continuing disclosure certificates entered into by the Purchaser in connection with other debt or obligations require the information required in subsections (b) through (e), the Purchaser may submit a copy of the information and materials required by such continuing disclosure certificate instead of providing separate statements setting forth the required information.
(b) The Purchaser shall prepare and file with IBank annually as soon as practicable, but in any event not later than one hundred eighty (180) days after the close of each Fiscal Year, so long as this Agreement has not been discharged by IBank, an audited financial statement of the Purchaser relating to the System Revenues and the Enterprise Fund for the preceding Fiscal Year, prepared by an Independent Accountant under generally accepted accounting procedures, consistently applied; provided, however, that in the event that such audited financial statement is not available by the above-referenced filing date, an unaudited financial statement may be substituted therefore. In the event an unaudited financial statement is submitted, the Purchaser shall file the audited financial statement with IBank as soon as it becomes available. The Purchaser will furnish to IBank such reasonable number of copies of such audited financial statements as may be required by IBank for distribution (at the expense of the Purchaser).
Alternatively, the Purchaser may furnish electronic copies of such audited financial statements to IBank in portable document format, or other format acceptable to IBank in its sole and absolute discretion.
(c) Simultaneously with the delivery of the annual financial statements, or more frequently following forty-five (45) calendar days’ written notice by IBank, as IBank shall determine in its sole and absolute discretion, the Purchaser shall deliver to IBank a Certificate of the Purchaser stating the following:
(1) The number of System users as of the end of the Fiscal Year, or as of any other date specified in writing by IBank in its reasonable discretion; 25 (2) Calculation of the coverage ratios described in Section 5.06 for the Fiscal Year most recently ended, or for any other 12-month period as specified in writing by IBank in its reasonable discretion, together with a certification that adopted rates and charges comply with the requirements of that section;
(3) Notification of the withdrawal of any System user generating four percent (4%) or more of System Revenues since the last reporting date; (4) Any significant System facility retirements or expansions planned or undertaken since the last reporting date;
(5) Notification of any Parity Debt or Subordinate Debt incurred since the last reporting date and certification that there has been no default or noncompliance under any obligation secured by System Revenues;
(6) Certification that (i) no Event of Default has occurred or is continuing and no other event has occurred or is continuing, which, with the passing of time or the giving of notice or of both, would constitute an Event of Default, or (ii) describing in detail any Event of Default that has occurred and/or any event that has occurred which, with the passing of time or giving or giving of notice, would constitute an Event of Default; (7) Certification that the Purchaser is in compliance with the terms of this Agreement, including without limitation the Tax Covenants set forth in Section 5.07 hereof, or if the Purchaser has breached any such covenant, a detailed description of such breach; (8) Notification of any other event or circumstance that would materially affect completion of the Facility, or the payment of the Purchase Price; (9) To the extent the 2015 IPA Instrument continues to impose a lien on Net System Revenues and/or legally available amounts in the Enterprise Fund, certification that the Purchaser has complied with, kept, observed, and performed, and continues to comply with, keep, observe, and perform, all requirements, conditions, covenants, duties, and terms under the 2015 IPA Instrument for the lien on Net System Revenues and/or legally available amounts in the Enterprise Fund created by this Agreement to be on parity with the lien on Net System Revenues and/or legally available amounts in the Enterprise Fund created under the 2015 IPA Instrument, including, but not limited to, satisfying any debt service coverage and reserve account requirements; and
(10) Such other information as IBank may request in its reasonable discretion. (d) The Purchaser shall, upon request, furnish to IBank, in a format provided by IBank, information concerning employment and other public benefits connected to the Facility. (e) The Purchaser agrees to notify IBank, immediately, by telephone, promptly confirmed in writing, if (i) any representation made in this Agreement or any representation made in the application for financing to IBank shall at any time so long as this Agreement is outstanding, prove untrue, or incorrect in any manner that could adversely affect the Purchaser’s ability to perform its obligations under this Agreement, (ii) there is a stop payment notice, 26 litigation or any other legal proceeding which may materially adversely impact the completion of the Facility, or (iii) the Purchaser breaches any covenant set forth in this Agreement. (f) The Purchaser’s covenants set forth in paragraphs 5.03(b) through (d) hereof are hereinafter referred to as the “Reporting Covenants.” In the event the Purchaser fails to comply timely with the Reporting Covenants, starting on the date that is the first day (1st day) after the applicable due date of any Reporting Covenant and continuing until the date the Purchaser actually cures its noncompliance (the “Liquidated Damages Period”), the Purchaser shall be obligated to pay to IBank the Liquidated Damages Charge in accordance with Section 2.06(a)(4) hereof.
SECTION 5.04. Protection of IBank’s Security and Rights.
The Purchaser will preserve and protect the security for payment of the Installment Payments, Additional Payments, and the rights of IBank. From and after the Effective Date, the Agreement shall be incontestable by the Purchaser.
SECTION 5.05. Payments of Taxes and Other Charges.
The Purchaser will pay and discharge, or cause to be paid and discharged, all taxes, service charges, assessments and other governmental charges, or charges in lieu thereof, which may hereafter be lawfully imposed upon the Purchaser, the System, or the System Revenue when the same shall become due. Nothing herein contained shall require the Purchaser to make any such payment so long as the Purchaser in good faith shall contest the validity of said taxes, assessments, or charges and shall have adequate funds for the payment thereof. The Purchaser will duly observe and conform to all valid requirements of any governmental authority relative to the System or any part thereof.
SECTION 5.06. Maintenance of System Revenues; Rate Covenant. (a) The Purchaser hereby covenants that, to the fullest extent permitted by law, it will fix, prescribe, charge, and collect, or cause to be fixed, prescribed, charged, and collected, in each Fiscal Year, such rates, fees, and charges for the use of and for the service furnished by the System so that Net System Revenues realized, together with any amounts on deposit in a rate stabilization fund held by the Purchaser, are in an amount which will be sufficient to be at least equal to one hundred twenty percent (120%) of annual Debt Service, and at least equal to one hundred percent (100%) of the sum of annual Debt Service and annual Subordinate Debt Service for such Fiscal Year.
(b) The Purchaser further covenants that, to the fullest extent permitted by law, it will fix, prescribe, charge, and collect, or cause to be fixed, prescribed, charged, and collected, in each Fiscal Year, such rates, fees, and charges for the use of and for the service furnished by the System so that System Revenues realized are in an amount which will be sufficient to pay the following amounts in the following order or priority:
(1) All Operations and Maintenance Costs estimated by the Purchaser to become due and payable in such Fiscal Year;
27 (2) The Installment Payments, the IBank Annual Fee, and the principal and interest on any outstanding Parity Debt as they become due and payable during such Fiscal Year, without preference or priority;
(3) All amounts, if any, required to restore the balance of any reserve fund required under this Agreement or any reserve fund or accounts required under any Parity Debt Instrument including the 2015 IPA Instrument, for any outstanding Parity Debt, to the full amount of any such reserve requirement; and
(4) All payments required to meet any other obligations of the Purchaser which are charges, liens, or encumbrances upon, or with are otherwise payable from, the System Revenues or the Net System Revenues during such Fiscal Year, including any Additional Payments.
(c) If for any reason Net System Revenues, or System Revenues, as applicable, prove insufficient to comply with the requirements of subsections (a) and (b), the Purchaser first will engage an Independent Consultant to recommend revised rents, rates, fees, charges, savings, or assessments, or any combination thereof, and the Purchaser will, subject to any applicable requirements and restrictions imposed by law, including, but not limited to, the Prop 218 Law, and subject to the good faith determination of the Purchaser that such recommendations, in whole or in part, are in the best interests of the Purchaser, take all actions necessary to increase System Revenues through any combination of increased rents, rates, fees, charges, savings, or assessments and that it will do so not later than one hundred eighty (180) days following the date on which Net System Revenues first fail to meet the requirements of this Section 5.06. The Purchaser may make adjustments from time to time in such rents, rates, fees, and charges and may make such classification thereof as it deems necessary, but shall not reduce the rents, rates, fees, and charges then in effect unless the Net System Revenues from such reduced rents, rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
Notwithstanding the foregoing, in lieu of taking the preceding actions with respect to the Purchaser’s failure to comply with subsection (a), the Purchaser may within one hundred eighty (180) days following the date Net System Revenues first fail to meet the requirements of subsection (a) either establish and fund a rate stabilization fund, or increase monies held in an existing rate stabilization fund, in an amount sufficient to satisfy the requirements of subsection (a). If the Purchaser elects to proceed accordingly, it shall provide to IBank within such one hundred eighty (180) day period evidence satisfactory to IBank in its reasonable discretion that the amounts held in such rate stabilization fund are sufficient to satisfy the requirements of subsection (a)
SECTION 5.07. Tax Covenants.
The Purchaser recognizes that the Facility Funds may be derived from the proceeds of, or payments made hereunder may be pledged to secure, bonds issued or to be issued by IBank, the interest on which is excluded from gross income for federal income tax purposes under Section 103 of the Code. In order to maintain the tax-exempt status of, and perform its obligations with respect to, the Proceeds Bonds and Secured Bonds, the Purchaser will not take any action, or fail to take any action, if such action or failure to take such action would adversely affect the exclusion from gross income of the interest on the Proceeds Bonds or Secured Bonds under the 28 Code, and the Purchaser specifically agrees to comply with all terms and conditions contained herein and to provide annual certification of its compliance with the tax covenants set forth in this Section 5.07. The Purchaser will not directly or indirectly use or make any use of the Facility Funds or any other funds of the Purchaser, or take or omit to take any action, if such use or action would cause the Proceeds Bonds or Secured Bonds to be “arbitrage bonds” subject to federal income taxation by reason of section 148 of the Code. In addition, the Purchaser covenants and agrees that it, and/or any party related to it, will not acquire Proceeds Bonds or Secured Bonds in an amount related to the amount of the Facility Funds. The provisions of this Section 5.07 shall survive the discharge of the Purchaser’s obligations hereunder and shall apply to the Trustee or any other successor or assignee described in Section 8.02. (a) Eligible Uses of Facility Funds. Unless otherwise agreed to by IBank, Facility Funds shall be used exclusively for the following purposes: (i) to pay or reimburse the Purchaser for capital expenditures paid with respect to the Facility that meet the requirements of subsection (b) of this Section 5.07; and (ii) initial operating expenses directly associated with the Facility (in aggregate amount not exceeding five percent (5%) of the amount of the Facility Funds). (b) Allocation of Facility Funds to Expenditures. On July 3, 2025, the Purchaser adopted a resolution stating its official intent to be reimbursed from the proceeds of a borrowing to finance costs of the Facility (the "Reimbursement Resolution"). Absent written agreement by IBank, all expenditures of Facility Funds will be used to pay or reimburse the Purchaser for capital expenditures with respect to the Facility that are either:
(1) costs that are Preliminary Costs incurred with respect to the Facility prior to the start of construction and in an aggregate amount not exceeding twenty percent 20% of the Facility Funds;
(2) costs paid by the Purchaser no earlier than the date which is sixty (60) days prior to the date of the adoption of the Reimbursement Resolution; or (3) costs paid by the Purchaser on or after the Effective Date.
In addition, Facility Funds shall be allocated to paying or reimbursing the Purchaser for capital expenditures no later than eighteen months after the later of the date the expenditure was paid or the date the Facility is placed in service, but in the case of costs described in clause (2), above, such allocations must be made in all events no later than three years after the cost was paid.
(c) Prohibited Uses of Facility Funds. The Purchaser will not loan any of the Facility Funds to any other person or entity. The Purchaser will not use Facility Funds directly or indirectly to make principal, interest, or premium payments with respect to any bond, note, certificate of participation or other obligation of the Purchaser or any person or entity that is a related party to the Purchaser within the meaning of Treasury Regulation Section 1.150-1(b). (d) Expectations Regarding Facility Funds and Facility; No Change in Use. The Purchaser reasonably expects and consistent with this Section 5.07 hereof to use all Facility Funds and all of the Facility for the entire stated term to maturity of this Agreement. The Purchaser does not expect that the Facility or any part thereof will be sold or otherwise disposed 29 of so long as the Purchaser’s obligations under this Agreement are not discharged. Absent written agreement by IBank, the Purchaser hereby agrees that it will use all Facility Funds and all of the Facility as set forth in this Section 5.07.
(e) Funds for Making Installment Payments. All amounts used to fund the Payment Account will be deemed to have been made from the Purchaser’s funds by using a last-in, firstout accounting method, and amounts in the Payment Account will be treated as used to pay the Installment Payments by using a first-in, first-out accounting method. The Purchaser agrees that the amounts used to pay Installment Payments shall be both received by the Purchaser and utilized for the payment of Installment Payments within a ninety (90) day period. The Payment Account will be used primarily to achieve a proper matching of revenues and Installment Payments within each year; a matching of revenues means that revenue and Installment Payments come in and go out at approximately the same level and the Payment Account is cleared out to a very low balance at least one time during the year. Current Revenues in the Payment Account shall be invested without regard to yield so long as the Purchaser complies with this section.
(f) Nongovernmental Use of Facility Funds and Facility. The Purchaser understands that the Facility Funds and the Facility are subject to certain restrictions on the use of the Facility Funds or the Facility by any Nongovernmental Person, other than use as a member of the general public. For this purpose a Nongovernmental Person will be treated as “using” Facility Funds to the extent the Nongovernmental Person:
(1) borrows Facility Funds;
(2) acquires an ownership or lease interest with respect to any portion of the Facility;
(3) uses any portion of the Facility (e.g., as a service provider, operator, or manager), except pursuant to a contract that meets the requirements of subsection (g) of this Section 5.07; or
(4) in the case of a Facility that provides water, electricity, or natural gas, acquires such output from the Facility (except pursuant to generally applicable and uniformly applied rates that are available to the general public).
The Purchaser hereby represents and covenants that it will not allow more than five percent (5%) of the Facility Funds or more than five percent (5%) of the Facility to be used directly or indirectly by any Nongovernmental Person, other than as a member of the general public.
(g) Management Contracts. The Purchaser understands that an arrangement with any person or organization (other than a state or local governmental unit) which provides for such person or organization to manage, operate, maintain or provide services with respect to the Facility (a “Service Contract”) can give rise to use by a Nongovernmental Person that is subject to the limitations of Section 5.07(f) of this Agreement. However, as of the Effective Date the Internal Revenue Service (“IRS”) has issued two sets of guidelines that describe 30 situations in which the IRS would rule that a Service Contract will not be treated as giving rise to a Nongovernmental Person’s use of the Facility: (i) the guidelines set forth in Revenue Procedure 97-13, as amended by Revenue Procedure 2001-39, and as amplified by Notice 2014- 67 (the “Prior Guidelines”); and (ii) the guidelines set forth in Revenue Procedure 2017-13 (the “Current Guidelines”). The Purchaser may apply the Prior Guidelines to any Service Contract entered into before August 18, 2017 that is not modified materially or extended on or after that date (other than pursuant to a renewal option as defined in Treasury Regulation Section 1.141- 1(b)). The Purchaser may apply the Current Guidelines to Service Contracts entered into at any time.
Commencing with the Effective Date, at least thirty (30) days prior to the execution of any modification to, extension or renewal of, or new operations and maintenance agreement relating to the Facility, the Purchaser shall (i) ensure that any such instrument meets the requirements for qualified management contracts under the Code, and (ii) provide IBank a copy of any such instrument together with an explanation of the basis for its conclusion that such instrument meets the requirements for qualified management contracts under the Code.
Provided, however, the Purchaser is not obligated to provide to IBank contracts for services that are solely incidental to the primary governmental function, or functions, of the Facility (e.g., contracts for janitorial services, landscaping services, office equipment repair, escalator repair, elevator repair, auditing services, legal services, or similar services). (h) No Other Replacement Proceeds. The Purchaser is not using any Facility Funds and hereby agrees that it will not use any Facility Funds to replace funds of the Purchaser which are or will be used to acquire Investment Property reasonably expected to produce a yield that is materially higher than the yield on the Installment Payments under this Agreement. (i) Federal Guarantee. The Purchaser will not directly or indirectly use or permit the use of any Facility Funds or take or omit to take any action that would cause the Proceeds Bonds or Secured Bonds to be obligations that are “federally guaranteed” within the meaning of section 149(b) of the Code. In furtherance of this covenant, the Purchaser will not allow the payment of principal or interest under this Agreement to be guaranteed (directly or indirectly) in whole or in part by the United States or any agency or instrumentality thereof. (j) No Hedge Bonds. The Purchaser reasonably expects that more than eightyfive percent (85%) of the Facility Funds will be expended for the purposes of this Agreement within three years of the Effective Date.
SECTION 5.08. Maintenance and Operation of System.
The Purchaser hereby covenants that, so long as any portion of the Purchase Price is unpaid, it will at its own cost and expense maintain, preserve, keep, and operate the System, and every portion thereof, in good condition, repair and working order as necessary to operate the System for its intended purpose in compliance with all laws, rules, regulations, codes, and ordinances, subject only to normal wear and tear and that it will from time to time make or cause to be made all necessary and proper repairs, replacements, and renewals necessary to maintain the System in such a condition. The Purchaser will maintain in full force and effect all licenses, permits, and approvals required by any governmental agency or authority having jurisdiction 31 over the Purchaser or the System at any time required for the operation of the System, and will obtain any licenses, permits, or approvals that may be required in the future by any governmental agency or authority having jurisdiction over the Purchaser or the System, all in a timely manner so as to prevent any interruption in System activities. IBank will have no responsibility or obligation for any of these matters. The Purchaser further covenants that it will operate the System in an efficient and economical manner, and will pay all Operations and Maintenance Costs as they become due and payable.
SECTION 5.09. Assumption of Obligations.
The obligations of the Purchaser under this Agreement may not be assumed by another entity except in connection with a transfer of the entire System by the Purchaser and only upon prior written approval of IBank and receipt by IBank of:
(a) an Opinion of Counsel experienced in matters relating to the tax-exempt status of interest on any Proceeds Bonds or Secured Bonds, and approved by IBank, to the effect that such transfer would not cause interest on the Proceeds Bonds or Secured Bonds to be included in gross income of the holders thereof for federal income tax purposes; (b) a Report signed by an Independent Consultant or Independent Accountant concluding that such transfer would not materially adversely affect the security for the Installment Payments, Additional Payments, or the rights of IBank; and (c) evidence satisfactory to IBank that the entity assuming the Purchaser’s obligation hereunder is eligible pursuant to the Act.
SECTION 5.10. Damage, Destruction, Title Defect, and Condemnation; Use of Net Proceeds.
(a) If prior to the termination of the term hereof (i) the System or any part thereof is damaged or destroyed (each of which is hereinafter called “Damaged Improvements”) by a peril covered by a policy of insurance described in Section 5.22 hereof (an “Insured Peril”); or (ii) title to, or the right to possession, use, or occupancy, whether permanent or temporary, of, the System or any portion thereof or the estate of the Purchaser in the System or any portion thereof is defective or shall be taken under the exercise of the power of eminent domain by any governmental body or by any person or firm or corporation acting under governmental authority, then the Purchaser will cause the net proceeds of any loss or claim paid by an insurer under an insurance policy, or condemnation award, resulting from any damage, destruction, loss of use, loss of possession, or impairment of title to the System or any part thereof, (the “Net Proceeds”) to be transferred to IBank and applied as follows:
(1) Net Proceeds Exceeding Costs. Within one hundred twenty (120) days of the date of said Insured Peril, the Purchaser shall obtain written estimate(s) of the (i) cost of the repair, replacement, and reconstruction of the Damaged Improvements (collectively referred to herein as the “Reconstruction”), and (ii) Net Proceeds available to pay such costs. Copies of such estimate(s) shall be provided to IBank. If the one hundred twenty (120) day period is insufficient to obtain said estimates, the period may be reasonably extended by the Purchaser upon the approval of IBank, in its reasonable discretion. If the Net Proceeds exceed the 32 estimated costs of Reconstruction, the Damaged Improvements shall be repaired, replaced, and reconstructed to the same or better quality as existed before the damage occurred. The Purchaser shall commence and manage the Reconstruction and shall complete the Reconstruction as soon as reasonably possible after the occurrence of such damage. Any balance of Net Proceeds remaining after the Reconstruction has been completed shall be transferred to IBank for the payment of unpaid Purchase Price and Additional Payments. Net Proceeds remaining after payment of the amounts specified in the previous sentence shall be transferred to the Purchaser. (2) Costs Exceeding Net Proceeds. If the estimated costs of Reconstruction exceed the Net Proceeds the Purchaser, in its sole discretion, may elect to budget and appropriate to the Reconstruction the amount of such excess, and to manage the Reconstruction as set forth in Section 5.10(a)(5). The Purchaser shall exercise this election by written notice thereof delivered to IBank within thirty (30) days after the Purchaser obtains the written estimate(s). (3) Net Proceeds Sufficient to Prepay All Unpaid Installment Payments. If the Purchaser does not exercise the election to reconstruct pursuant to the above subsection and Net Proceeds are at least sufficient to prepay all unpaid amounts of the Purchase Price and any due and owing Additional Payments, such Net Proceeds shall be transferred to IBank to prepay such Purchase Price and any due and owing Additional Payments. If the Net Proceeds exceed the amount necessary to prepay the unpaid Purchase Price and any due and owing Additional Payments, the Purchaser shall be entitled to the amount of proceeds remaining after such prepayment.
(4) Net Proceeds Insufficient to Prepay All Unpaid Installment Payments. If the Purchaser does not exercise the election to reconstruct pursuant to Section 5.10(a)(2) and Net Proceeds are insufficient to prepay the unpaid Purchase Price hereunder, the Purchaser, in its sole discretion, may elect to budget and appropriate funds to cause the prepayment of the Purchase Price and due and owing Additional Payments and the Net Proceeds, together with such funds, shall be transferred to IBank with directions to apply the proceeds to the prepayment of the Purchase Price and due and owing Additional Payments; provided, that if the Purchaser elects not to appropriate funds for such prepayment, the Purchaser shall apply Net Proceeds to the Reconstruction. If the Purchaser, in its sole discretion, elects to budget or appropriate funds for the prepayment of the unpaid Purchase Price and due and owing Additional Payments, the Purchaser shall transfer such funds to IBank for the prepayment of Purchase Price and due and owing Additional Payments.
(5) Management of Reconstruction. If the System or any part thereof becomes Damaged Improvements, the Purchaser shall promptly cause, manage, and supervise the Reconstruction.
SECTION 5.11. Entry into Replacement Agreement.
The Purchaser acknowledges that IBank intends to issue, has issued, or may issue, Secured Bonds or Proceeds Bonds subsequent to the Effective Date of this Agreement, and that one requirement of the Secured Bonds and/or Proceeds Bonds will be the re-entry by the Purchaser into an agreement to replace this Agreement. So long as the terms of the replacement agreement are substantially identical to the terms of this Agreement, the Purchaser hereby 33 covenants and agrees to execute the replacement agreement and any related documents and to provide required certifications in a timely manner. The Purchaser understands and acknowledges that time is of the essence with respect to entry into such replacement agreement as such timing is mandated by federal tax laws applicable to IBank’s Proceeds Bonds and/or Secured Bonds. The Purchaser’s covenant set forth in this Section 5.11 is hereinafter referred to as the “Replacement Agreement Covenant.”
SECTION 5.12. Further Assurances.
The Purchaser will adopt, make, execute, and deliver any and all such further resolutions, instruments, and assurances as may be reasonably required by IBank as necessary or proper to carry out the intention or to facilitate the performance of this Agreement and for the better assuring and confirming unto IBank of the rights, remedies, and benefits provided in this Agreement.
SECTION 5.13. Agreement to Complete Facility Delivery.
(a) The Purchaser agrees that it will perform all acts necessary to complete Facility Delivery, and construct, acquire, improve or install other facilities and real and personal property deemed by the Purchaser necessary for the operation of the Facility. The Purchaser may supplement or amend the Facility description with written approval from IBank from time to time, provided that no such supplement or amendment shall (1) cause the Facility or any portion thereof to fail to constitute an eligible project under the Act, or (2) in any way affect the taxexempt status of any Proceeds Bonds or Secured Bonds. (b) At any time, upon request of IBank, the Purchaser agrees to make available to IBank for review and copying all then current plans and specifications for the Facility. The Purchaser may identify any proprietary information in such plans and specifications and, to the extent legally permissible, IBank agrees to keep such information confidential. Provided, however, for the avoidance of doubt, and not by limitation of the foregoing, IBank may disclose any such confidential information in connection with any Proceeds Bonds or Secured Bonds or in the event IBank is served with a subpoena, a valid discovery request, a notice to appear and produce documents, or a valid California Public Records Act request, seeking, or that could be construed reasonably as seeking, such confidential information. (c) As soon as the Facility is completed, the Purchaser shall evidence such completion by providing a certificate to IBank stating that (i) construction of the Facility has been completed substantially in accordance with the final plans and specifications therefor and all labor, services, materials, and supplies used in construction have been paid for, and (ii) all other facilities necessary in connection with the Facility have been constructed, acquired, and installed in accordance with the final plans and specifications therefor, and all costs and expenses incurred in connection therewith have been paid. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights of the Purchaser against third parties for the payment of any amount not then due and payable which exist at the date of such certificate or which may subsequently exist.
34 (d) The Purchaser shall notify IBank forthwith upon the filing of a stop payment notice in connection with the Facility, the tender of a claim against any payment or performance bond related to the Facility, the recordation of a mechanics lien against Facility, the filing of litigation in connection with the Facility, the issuance of a mandatory or prohibitory injunction related to the Facility, or any other legal proceeding which may impact the completion of the Facility.
SECTION 5.14. Collection of Rates, Fees and Charges.
The Purchaser will have in effect at all times rules and regulations requiring each user of the System to pay the rates, fees, and charges applicable to the services provided by the System to each user. The Purchaser will not permit any part of the System or any facility thereof to be used or taken advantage of free of charge by any corporation, firm, or person, or by any public agency (including the United States of America, the State, and any city, county, district, political subdivision, public corporation, or agency of any thereof); provided, that the Purchaser may without charge use the services provided by the System.
SECTION 5.15. The Purchaser’s General Responsibility.
The Purchaser is solely responsible for the Facility Delivery and the operation and maintenance of the Facility. Any review or approval of plans, specifications, bid documents, or other construction documents by IBank is solely for the purpose of proper administration of Facility Funds by IBank and shall not be deemed to relieve or restrict the Purchaser’s responsibility or result in any duty, obligation, or responsibility on the part of IBank or the officers and agents thereof.
SECTION 5.16. The Purchaser’s Assurances and Commitments. (a) Compliance with Laws, Regulations and the Criteria.
The Purchaser shall at all times comply, and require its direct contractors, and their subcontractors, to comply with all State prevailing wage laws, all applicable federal and State laws, rules and regulations, the Criteria, and all local ordinances applicable to the Facility. This specifically includes, but is not limited to environmental, procurement and safety laws, rules, regulations and ordinances. The Purchaser acknowledges and agrees that under no circumstances would its failure to act in accordance with the provisions of this subsection (a) result in any duty, obligation or responsibility on the part of IBank or the officers and agents thereof.
(b) Facility Construction Activities.
The Purchaser shall ensure that adequate supervision and inspection of Facility construction activities are maintained. IBank, either by itself or through its designee, reserves the right to conduct an audit of the Purchaser’s construction expenditures during construction and for up to three years following receipt by IBank of notice of completion or other evidence of completion satisfactory to IBank. IBank, at its discretion, may require the Purchaser to conduct an interim and/or a final audit at the Purchaser’s expense, such audit to be conducted by and a Report prepared by an Independent Accountant.
35 SECTION 5.17. Facility Access.
The Purchaser shall ensure that IBank or its designee have suitable access to the Facility site at all reasonable times so long as the Purchase Price remains unpaid, and at any time in the event of an IRS audit directly or indirectly related to the Facility, and shall include provisions ensuring such access in all contracts and subcontracts relating to the Facility.
SECTION 5.18. Operation and Maintenance of the Facility.
The Purchaser agrees to commence operation of the Facility upon the completion thereof.
The Purchaser covenants and agrees that it will, at its own cost and expense, operate and maintain the Facility, and every portion thereof, in accordance with all governmental laws, ordinances, approvals, rules, codes, regulations, and requirements including, without limitation, such zoning, sanitary, pollution and safety ordinances and laws, and such rules and regulations thereunder as may be binding upon the Purchaser. The Purchaser further covenants and agrees that it will, at its own cost and expense, maintain, preserve, keep, and operate the Facility and will maintain, keep, preserve, and operate the same, now or hereafter at any time constituting part of the Facility, in good repair, working order and condition as necessary to operate the Facility for their intended purposes, subject only to normal wear and tear, and that it will from time to time make or cause to be made all needful and proper replacements, repairs, renewals, and improvements, in each case to the extent necessary so that the efficiency and value of the Facility shall not be impaired. IBank shall have no responsibility or obligation for any of these matters or for the making of additions or improvements to the Facility.
SECTION 5.19. Performance and Payment Bonds.
(a) The Purchaser shall require its direct contractor(s) for the Facility to certify under penalty of perjury, and provide the Purchaser with a copy of such certification, which shall be available for IBank’s inspection, if requested, that, in connection with the construction of the Facility, it has obtained a bond or bonds by one or more authorized surety companies satisfactory to the Purchaser; such surety companies must be authorized to do business in California, be an admitted surety insurer, and have an agent for service of process in California. (b) Said bonds shall be in the following amounts and for the following purposes: (i) a performance bond(s) in an amount not less than one hundred percent (100%) of the total amount of the construction agreement(s) for the Facility, guaranteeing the faithful performance of the terms of the Facility construction agreement(s), including the maintenance of the work required under the Facility construction agreement(s) for a period of one year from the date of the Purchaser’s final acceptance, and the prompt correction of any defective work or labor done, or defective materials furnished, pursuant to the Facility construction agreement(s) and (ii) a payment bond(s) in an amount not less than one hundred percent (100%) of the total amount of the Facility construction agreement(s), securing payment to the subcontractors and to persons renting equipment or furnishing labor or materials to such subcontractors or to the Purchaser’s direct contractors, or to any other claimant as defined in Civil Code Section 8004, under the Facility construction agreement(s).
36 SECTION 5.20. Continuing Disclosure.
If requested by IBank, the Purchaser hereby covenants and agrees to furnish certain financial and operating data pertaining to the Purchaser that may be required to either: (i) enable IBank to issue any, or perform its obligations under existing, Proceeds Bonds or Secured Bonds; or (ii) enable any underwriter of any Proceeds Bonds or Secured Bonds to comply with Rule 15c2-12(b)(5) of the Securities and Exchange Commission.
SECTION 5.21. Notice of Purchaser Event of Default.
The Purchaser covenants that it will deliver to IBank, immediately after the Purchaser shall have obtained knowledge of the occurrence of an Event of Default or a failure as described in Section 7.01, the written statement of an authorized officer of the Purchaser setting forth the details of such Event of Default or failure, and the action which the Purchaser proposes to take with respect thereto.
SECTION 5.22. Maintenance of Insurance.
(a) The Purchaser will procure and maintain or cause to be procured and maintained insurance on the System with responsible insurers, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systemssimilar to the System. Provided, however,such insurance shall be in an amount at least equal to the full replacement value of the Facility. Such insurance may be subject to a deductible clause of not to exceed one hundred thousand dollars ($100,000.00). (b) The Purchasershall procure and maintain, or cause to be procured and maintained a standard commercial general liability insurance policy in protection of the Purchaser, the IBank and their directors, officers and employees and, when requested by the IBank, the Trustee, indemnifying and defending such parties against direct or contingent loss or liability for damages for personal injury, death or property damage related to the possession, operation or use of the Facility, with a minimum combined single limit of one million dollars($1,000,000.00) for personal injury or death of one or more persons, and for property damage, in each accident or event (subject to a deductible clause of not to exceed one hundred thousand dollars($100,000.00) orsuch greater amount as may be covered by any self-insurance or self-funding method or plan permitted by this Section). IBank shall be named as an additional insured, and when requested by IBank the Trustee shall also be named as an additional insured.
(c) The Purchaser will cause to be procured and maintained a standard, commercially reasonable, commercial general liability policy of the direct contractor(s) for the Facility with a minimum combined single limit of one million dollars($1,000,000.00) for personal injury or death of one or more persons, and for property damage, in each accident or event (subject to a deductible clause of not to exceed one hundred thousand dollars($100,000.00). The Purchaser and IBank shall be named as an additional insured undersuch insurance policy. The Purchasershall also cause to be procured and maintained a standard, commercially reasonable, worker’s compensation insurance policy of the direct contractor(s) for the Facility in an amount equal to at least the required statutory minimum. The Purchaser and IBank shall be named as an additional insured under such insurance policy.
37 (d) The Purchaser will cause to be procured and maintained by its direct contractor(s) a builder’s risk insurance policy in an amount equal to the lesser of the Facility Funds or the amount of the Purchaser’s direct contract(s) for the construction of the Facility. (e) The Purchaser shall on the Effective Date, and annually on each anniversary of the Effective Date thereafter, provide a Certificate of the Purchaser to IBank certifying that the insurance required under this Section 5.22 isin effect, together with copies of the declarations pages for each policy required hereunder and each additional insured endorsement required hereunder.
SECTION 5.23. Facility Construction.
(a) The Facility is described in Exhibit B and the Purchaser shall make no changes thereto or the operation thereof without the prior written consent of IBank, which consent shall be granted or denied in IBank’s reasonable discretion. Further, IBank may condition any such consent upon receipt of an Opinion of Counsel to the effect that any such changes will not affect the qualification of the Facility for tax exempt financing under the Code. (b) The Purchaser shall not enter into a contract for the construction of the Facility unless it is in the form of a fixed price construction contract. (c) Included within the Facility Funds are construction contingency funds in the amount of one hundred two thousand, five hundred fifty-two dollars ($102,552.00). Said construction contingency funds are included in Exhibit H under the line item “Construction Contingency.” Absent IBank’s express prior written consent, which consent shall be granted or denied in IBank’s sole and absolute discretion, said construction contingency funds shall be utilized solely for the purpose of paying any reasonably unforeseen increased Facility Costs in connection with the construction of the Facility. It is expressly understood that the Purchaser shall have no obligation to replenish or otherwise restore the contingency funds to their original amount as they are used to cover reasonably unforeseen increased Facility Costs. All such increased Facility Costs shall be documented by a change order (or change orders) executed pursuant to the fixed price construction contract between the Purchaser and the direct contractor(s) for the Facility.
SECTION 5.24. Compliance with Contracts.
The Purchaser will comply with, keep, observe, and perform all agreements, conditions, covenants, and terms, express or implied, required to be performed by it contained in all contracts for the use of the System, and all other contracts affecting or involving the System to the extent that the Purchaser is a party thereto.
SECTION 5.25 Maintenance of Lien Parity.
(a) To the extent the 2015 IPA Instrument continues to impose a lien on Net System Revenues and/or legally available amounts in the Enterprise Fund, the Purchaser will at all times comply with, keep, observe, and perform all requirements, conditions, covenants, duties, and terms set forth in the 2015 IPA Instrument for the lien on Net System Revenues and legally 38 available amounts in the Enterprise Fund created by this Agreement to be on parity with the lien on Net System Revenues, and legally available amounts in the Enterprise Fund, created by the 2015 IPA Instrument, including, but not limited to, satisfying any debt service coverage and reserve requirements.
SECTION 5.26 Covenant to Comply with Prop 218 Law.
The Purchaser shall at all times ensure that the rates, fees and charges imposed on its System customers comply with the Prop 218 Law. In the event any party (or parties) institutes litigation or an administrative proceeding challenging the Purchaser’s rates and charges or any other aspect of its compliance with Prop 218 Law (collectively, a “Rate Challenge”), the Purchaser shall as soon as practicable, but no later than 30 days after the Purchaser becomes aware of the Rate Challenge, provide IBank with written notice of such Rate Challenge. Further, the Purchaser will expeditiously take steps to (i) diligently defend against the Rate Challenge; or (ii) conform its rates or other practices in a manner that fully addresses the deficiencies underlying the Rate Challenge. The Purchaser shall provide IBank with a second written notice indicating its chosen course of action as soon as practicable.
SECTION 5.27 Acquisition of Water in Sufficient Quantity and Quality to Meet Customer Demands.
In the event that at any time from the Effective Date until the termination of this Agreement the Purchaser does not have the right or ability to obtain a sufficient volume or quality of water to meet the demand of its System customers, the Purchaser shall exercise all commercially reasonable efforts, and shall take all actions required under the law, to obtain water in sufficient quality and volume to meet the demand of its System customers.
ARTICLE VI
NEGATIVE COVENANTS OF THE PURCHASER
SECTION 6.01. Limitation on Additional Obligations; No Senior Debt.
The Purchaser hereby covenants that, until the Purchase Price has been paid in full and this Agreement has been discharged pursuant to Section 8.05, the Purchaser shall not after the date of this Agreement issue any Senior Debt and shall not issue any bonds, notes, or other obligations, enter into any agreement or otherwise incur any loans, advances, or obligations, which are in any case secured by a lien on all or any part of Net System Revenues or on those legally available amounts on deposit in the Enterprise Fund that is on parity with the lien established hereunder for the security for the payment of the Installment Payments and Additional Payments, excepting only Parity Debt meeting the requirements of Section 2.11 herein. The Purchaser may issue or incur Subordinate Debt upon compliance with the requirements of Section 2.16 herein.
SECTION 6.02. Disposition of Property.
The Purchaser hereby covenants that it will not authorize or effect the disposition of real or personal property constituting more than ten percent (10%) of the value of the System unless 39 the Purchaser first obtains and provides a copy to IBank, of: (i) a Report of an Independent Consultant concluding that such disposition will not substantially adversely affect the security for the payment of the Installment Payments and Additional Payments; and (ii) an Opinion of Counsel concluding that such disposition will not cause the interest on any Secured Bonds or Proceeds Bonds to no longer be excluded from federal gross income. The Purchaser hereby covenants that it will not dispose of any portion of the Facility while the Purchase Price is unpaid except for property that is not operating or is worn out, and for the dedication of public streets and public and private utility easements.
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
SECTION 7.01. Events of Default and Acceleration.
(a) Each of the following events shall constitute an Event of Default hereunder:
(1) Failure by the Purchaser to pay any Installment Payment, accrued interest, or any Additional Payment when and as the same shall become due and payable; (2) Failure by the Purchaser to observe and perform any of the covenants, agreements or conditions on its part contained in this Agreement, other than as referred to in the preceding subsection (1), or if any representation or warranty fails to be true and correct in all material respects, for a period of sixty (60) days after written notice has been given to the Purchaser by IBank, or to the Purchaser and IBank, specifying such failure and requesting that such failure be remedied; provided, however, that if the failure stated in such notice can be corrected, but not within such sixty (60) day period, IBank may consent to an extension of such time if corrective action is instituted by the Purchaser within such sixty (60) day period and diligently pursued until such failure is corrected;
(3) The filing by the Purchaser of a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Purchaser, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Purchaser or of the whole or any substantial part of its property; (4) Any representation or other written statement made by the Purchaser contained in this Agreement, the application for financing or in any instrument furnished in compliance with or in reference thereto shall prove to have been incorrect in any material respect;
(5) An unexcused failure by the Purchaser to pay amounts due under any bond, note, installment sale agreement, capital lease, or other agreement or instrument to which it is a party relating to the borrowing of money, if such unpaid amount shall exceed fifty thousand dollars ($50,000); or
40 (6) The occurrence of an event of default with respect to any Parity Debt or any Subordinate Debt which causes all principal of such Parity Debt or Subordinate Debt to become due and payable immediately;
(b) If an Event of Default has occurred and is continuing, IBank may (i) declare the principal of the Purchase Price, together with the accrued interest on all unpaid installments thereof, to be due and payable immediately, and upon any such declaration the same shall become immediately due and payable, anything in this Agreement to the contrary notwithstanding, and (ii) exercise any other remedies available to IBank in law or at equity.
Immediately upon becoming aware of the occurrence of an Event of Default, IBank shall give notice of such Event of Default to the Purchaser by telephone, telecopier, facsimile or other telecommunication device, promptly confirmed in writing. This provision, however, is subject to the condition that if, at any time after the principal of the Purchase Price shall have been so declared due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered, the Purchaser shall deposit with IBank a sum sufficient to pay all installments of principal of the Purchase Price due prior to such declaration and all accrued interest thereon, with interest on such overdue Installment Payments at the rate of the lesser of twelve percent (12%) per annum or the maximum rate permitted by law, and the reasonable expenses of IBank (including but not limited to attorney’s fees and costs), and any and all other defaults known to IBank (other than in the payment of principal of and interest on the Purchase Price due and payable solely by reason of such declaration), including the payment of Additional Payments due and owing, shall have been made good or cured to the satisfaction of IBank or provision deemed by IBank to be adequate shall have been made therefor, then, and in every such case, IBank may, by written notice to the Purchaser, rescind and annul such declaration and its consequences. However, no such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon.
SECTION 7.02. Remedies.
Upon the occurrence of an Event of Default IBank shall have the following rights, in addition to its rights under Section 7.01:
(a) By mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the Purchaser or any member, officer, or employee thereof, and to compel the Purchaser or any such member, officer, or employee to perform and carry out its or his duties under law and the agreements and covenants required to be performed by it or him contained herein;
(b) By suit in equity to enjoin any acts or things which are unlawful or violate the rights of IBank; or
(c) By suit in equity to require the Purchasers and its members, officers, and employees to account as the trustee of an express trust. 41 SECTION 7.03. Application of Funds upon Default.
All amounts received by IBank pursuant to any right given or action taken by IBank under provisions of this Agreement, or otherwise held by IBank upon the occurrence of an Event of Default, shall be applied by IBank in the following order:
(a) First, to the payment of the costs and expenses of IBank, including reasonable compensation to their agents and attorneys, including IBank employees, as set forth in Section
2.06; and
(b) Second, to the payment of the whole amount of Installment Payments then due and unpaid, with interest on overdue Installment Payments at the rate of the lesser of twelve percent (12%) per annum or the Maximum Rate; provided, however, that in the event such amounts shall be insufficient to pay in full the amount of such Installment Payments, then such amounts shall be applied in the following order of priority:
(1) First, to the payment of all installments of interest on the Purchase Price then due and unpaid, on a pro rata basis in the event that the available amounts are insufficient to pay all such interest in full;
(2) Second, to the payment of principal of all installments of the Purchase Price then due and unpaid, other than principal having come due and payable solely by reason of acceleration pursuant to Section 7.01, on a pro rata basis in the event that the available amounts are insufficient to pay all such principal in full;
(3) Third, to the payment of principal of the Purchase Price then due and unpaid and having come due and payable solely by reason of acceleration pursuant to Section
7.01, on a pro rata basis in the event that the available amounts are insufficient to pay all such principal in full; and
(c) Third, to the payment to IBank of other Additional Payments as described in Section 2.06.
SECTION 7.04. No Waiver.
Nothing in this Article VII or in any other provision of this Agreement shall affect or impair the obligation of the Purchaser, which is absolute and unconditional, to pay from the Net System Revenues and other amounts pledged hereunder, all payments due hereunder, or affect or impair the right of action, which is also absolute and unconditional, of IBank to institute suit to enforce such payment by virtue of the contract embodied in this Agreement.
A waiver of any default by IBank shall not affect any subsequent default or impair any rights or remedies on the subsequent default. No delay or omission of IBank to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default, or an acquiescence therein, and every power and remedy conferred upon IBank by this Article VII may be enforced and exercised from time to time and as often as shall be deemed expedient by IBank. 42 If a suit, action, or proceeding to enforce any right or exercise any remedy shall be abandoned or determined adversely to IBank, the Purchaser and IBank shall be restored to their former positions, rights, and remedies as if such suit, action, or proceeding had not been brought or taken.
SECTION 7.05. Remedies Not Exclusive.
No remedy herein conferred upon or reserved to IBank is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by law.
ARTICLE VIII
MISCELLANEOUS
SECTION 8.01. California Law; Venue.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State. Any action or proceeding arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California, unless otherwise expressly agreed to by IBank in its sole and absolute discretion.
SECTION 8.02. Assignment of IBank’s Rights.
The Purchaser hereby agrees and acknowledges that IBank’s rights under this Agreement, collectively or severally, may in IBank’s sole and absolute discretion be assigned by IBank, or by the State, to any party for any purpose, including to the Trustee for the purpose of securing the payment of any bonds, notes, or other obligations issued by IBank and secured by this Agreement and the Installment Payments and Additional Payments, without the need for consent by the Purchaser. Accordingly, the Purchaser agrees to make all payments due hereunder to the Trustee when so directed by IBank, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach hereof or otherwise) that the Purchaser may have from time to time against IBank. The Purchaser agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements, which IBank or the Trustee may request, in their sole and absolute discretion, in connection with any such assignment by IBank.
SECTION 8.03. Third Party Beneficiaries.
The Trustee is hereby expressly designated as a third party beneficiary hereunder for the purpose of enforcing any of the rights hereunder assigned to said Trustee and for the purpose of said Trustee enforcing its own rights. Nothing in this Agreement, expressed or implied, is intended to give to any person other than IBank, the Purchaser, and the Trustee, any right, remedy, or claim under or by reason of this Agreement. All covenants, stipulations, promises, or 43 agreements contained in this Agreement by and on behalf of the Purchaser shall be for the sole and exclusive benefit of IBank, the Trustee, and their permitted assigns.
SECTION 8.04. Successor Entities.
Whenever in this Agreement either the Purchaser or IBank is named or referred to, such reference shall be deemed to include the permitted successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the Purchaser or IBank shall bind and inure to the benefit of the respective permitted successors and assigns thereof, whether so expressed or not. The Trustee will be IBank’s initial assignee.
SECTION 8.05. Discharge of Agreement.
Upon the Purchaser’s payment of the outstanding principal of, and outstanding interest on the Purchase Price, together with all Additional Payments, pursuant to this Agreement, then all obligations of IBank under this Agreement, all obligations of the Purchaser under this Agreement with respect to the Purchase Price, and, at the written election of the Purchaser, the pledge of and lien upon the Net System Revenues and all legally available amounts in the Enterprise Fund provided for in this Agreement, shall cease and terminate, excepting only the obligations of the Purchaser pursuant to the tax covenants herein, including but not limited to Section 5.07, indemnification obligations, including but not limited to Section 8.14, and the choice of law and venue provisions under Section 8.01. Notice of such election shall be filed with IBank.
SECTION 8.06. Amendment.
No term or provision of this Agreement may be waived or otherwise modified except by a written agreement signed by the Parties. The Parties acknowledge and agree that the previous sentence shall be interpreted, enforced, and adhered to strictly, notwithstanding any legal doctrine, rule, statute, or case law that may permit oral modification of this Agreement, or that may find under certain circumstances the portion of this Section 8.06 requiring all modifications to this Agreement be in writing is waived orally or by the Parties’ conduct. To the greatest extent permissible under the law, the Parties hereby agree to waive any legal doctrine, rule, statute, or case law that permits, or could be construed to permit, modification of this Agreement by means other than a writing signed by both Parties.
SECTION 8.07. Waiver of Personal Liability.
No member, officer, agent, or employee of the Purchaser shall be individually or personally liable for the payment of the principal of, or the interest under this Agreement; but nothing herein contained shall relieve any such member, officer, agent, or employee from the performance of any official duty provided by law.
SECTION 8.08. Arm’s Length Transaction.
The Purchaser acknowledges and agrees that IBank is acting solely as seller under this Agreement and not an advisor to the Purchaser, including that: (i) the transaction contemplated by this Agreement is an arm’s-length commercial transaction, (ii) in connection therewith and with the financing discussions, undertakings and procedures leading up to the consummation of 44 such transaction, IBank is and has been acting solely as a principal and is not acting as the agent or fiduciary of or in any way advising the Purchaser, including, without limitation, a “Municipal Advisor” as such term is defined in Section 15B of the Securities and Exchange Act of 1934, as amended, and the related final rules, (iii) IBank has not provided any advice or assumed an advisory or fiduciary responsibility in favor of the Purchaser with respect to the financing contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether IBank, or any party related to IBank, has provided other services, or advised, or is currently providing other services, or advising, the Purchaser on other matters) and IBank has no obligation to the Purchaser with respect to the financing contemplated hereby except the obligations expressly set forth in this Agreement, (iv) IBank has financial and other interests that differ from those of the Purchaser , and (v) the Purchaser has consulted its own legal, financial and other advisors to the extent it has deemed appropriate.
SECTION 8.09. Notices.
All written notices to be given under this Agreement shall be given by first-class mail or personal delivery to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other party in writing from time to time, except that notices from the Purchaser to IBank shall be given by registered mail, or by telecommunication confirmed in writing. Notice shall be effective forty-eight (48) hours after deposit in the United States mail, postage prepaid or, in the case of any notice to IBank, or in the case of personal delivery to any person, upon actual receipt at the address set forth below:
If to IBank:
California Infrastructure and Economic Development Bank Attn: Loan Servicing Manager, Agreement Number 26-153
1325 J Street, Suite 1300
Sacramento, CA 95814
With a copy to the General Counsel of IBank at the same address.
If to the Purchaser:
City of Waterford
Attn: City Manager
101 E Street
Waterford, CA 95386
Or to such other address as may be designated in writing by the Purchaser.
SECTION 8.10. Contact Persons.
(a) The Executive Director of IBank or such other person as designated in writing by IBank shall manage this Agreement for IBank and shall have authority to make determinations and findings with respect to each controversy arising under or in connection with the interpretation, performance, or payment for work performed under this Agreement. 45 (b) The Purchaser’s contact person shall be its City Manager, or such other person as may be designated in writing by the Purchaser (the “Purchaser Representative”). The Purchaser’s City Manager shall be the Purchaser Representative for the administration of this Agreement and shall have full authority to act on behalf of the Purchaser and may designate in writing another person or persons authorized to request disbursement of Facility Funds. All communications given to the Purchaser’s City Manager shall be as binding as if given to the Purchaser.
SECTION 8.11. Partial Invalidity.
The illegality, unenforceability, or invalidity of any provision of this Agreement with regard to any Party or circumstance shall not render that provision illegal, unenforceable, or invalid with regard to any other Party or circumstance. All provisions of this Agreement, in all other respects, shall remain legal, enforceable, and valid to the fullest extent permitted by law. If any provision of this Agreement is held to be illegal, unenforceable, or invalid by a court of competent jurisdiction, then such provision shall be deemed severed from this Agreement and this Agreement shall be construed and enforced as if such illegal, unenforceable, or invalid provision had never been part hereof.
SECTION 8.12. Binding Effect.
This Agreement shall inure to the benefit of and shall be binding upon IBank and the Purchaser and their respective successors and assigns.
SECTION 8.13. Entire Agreement.
Except as expressly stated herein, this Agreement, together with the exhibits and attachments hereto, constitutes the entire agreement among the Parties. Except as expressly stated herein, there are no understandings, agreements, representations or warranties, express or implied, not specified herein or therein regarding this Agreement or the Facility financed hereunder. Any terms and conditions of any purchase order or other document submitted by the Purchaser in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on IBank and will not apply to this Agreement.
SECTION 8.14. Indemnification.
The Purchaser shall, to the fullest extent permitted by law, indemnify, protect, hold harmless, save and keep harmless IBank and its members, directors, officers, attorneys, advisors, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all liability, obligations, losses, claims, demands, damages, actions, causes of action, liens, stop payment notices, or costs whatsoever, regardless of the cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses as incurred, penalties and interest (collectively, a “Claim”), arising out of, related to or as the result of entering into this Agreement, and the acquisition, construction, operation, use, condition, or possession of the Facility and any portion thereof, including without limitation:
46 (a) any accident in connection with the operation, use, condition, or possession of the Facility resulting in damage to property or injury to or death to any person including, without limitation, any claim alleging latent and other defects, whether or not discoverable by the Purchaser or IBank;
(b) patent, trademark or copyright infringement, or similar claims as a consequence of the operation, use, occupancy, or maintenance of the Facility; (c) strict liability in tort as a consequence of the operation, use, occupancy, or maintenance of the Facility;
(d) any Claim based upon any environmental law or regulation relating to the Facility; (e) any Claim of any nature directly arising from or related to the Facility or the Project, which Claim is based upon the operation of the Facility from and after the Effective Date; (f) the existence, placement, delivery, storage, or release of hazardous materials on or from the Facility or contamination of property, arising therefrom; (g) either (a) the application of the Facility Funds, or other amounts treated as “gross proceeds” of the Proceeds Bonds or Secured Bonds in such manner that any portion of the Proceeds Bonds or Secured Bonds becomes an “arbitrage bond” within the meaning of Code sections 103(b)(2) and 148, with the result that interest on the Proceeds Bonds or Secured Bonds is or becomes subject to federal income taxation of the holder of the Proceeds Bonds or Secured Bonds; or (b) if as a result of any act, failure to act, or use of the proceeds of any portion of the Facility Funds or the Facility, or any misrepresentation or inaccuracy in any of the representations, warranties, or covenants contained in this Agreement or the enactment of any federal legislation or the promulgation of any federal rule or regulation after the date of this Agreement, all or any portion of the interest on any portion of the Proceeds Bonds or Secured Bonds becomes subject to federal income taxation;
(h) the consummation or carrying out of any of the transactions contemplated by this Agreement or any related document; and
(i) information provided by the Purchaser which is used in connection with the Proceeds Bonds or the Secured Bonds.
The indemnification arising under this Section 8.14 shall continue in full force and effect notwithstanding the full payment of all obligations hereunder and shall survive the termination of this Agreement for any reason. Any party seeking indemnity hereunder shall promptly give notice to the Purchaser of any Claim or liability hereby indemnified against upon learning of any circumstances giving rise to any such Claim or liability. The Purchaser’s obligation to indemnify, defend, protect, hold harmless, save, and keep harmless the Indemnified Parties as provided in this Section 8.14 shall arise immediately upon any Claim covered under this Section
8.14 being asserted against an Indemnified Party, whether orally, in writing, or in any court or administrative action or proceeding.
47 SECTION 8.15. Expectations.
The undersigned is an authorized representative of the Purchaser acting for and on behalf of the Purchaser in executing this Agreement. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates or circumstances that would materially change the expectations as set forth herein, and said expectations are reasonable.
SECTION 8.16. Section Headings.
All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision hereof.
SECTION 8.17. Time of the Essence.
Subject to the remainder of this Section 8.17, time is of the essence with respect to this Agreement and the performance of each obligation contained in this Agreement. Whenever the time for performance of any obligation under this Agreement, or if under this Agreement a Party must act by a particular time or date, or if an act is effective only if done by a particular time or date, and the last date for performance of such obligation or the doing or effectiveness of such act falls on a Saturday, Sunday, or legal holiday in the State, the time for performance of such obligation or the doing or effectiveness of such act shall be extended to the next day that is not a Saturday, Sunday, or a legal holiday in the State. The first day shall be excluded and the last day shall be included when computing the time in which an obligation is to be performed or an act is to be done under this Agreement. Unless otherwise provided herein all time periods shall end at 5:00 p.m. California time.
SECTION 8.18. Form of Documents.
The form and substance of all documents and instruments to be delivered to IBank under the terms of this Agreement, if any, shall be at all times subject to IBank’s approval, in its reasonable discretion. No document or instrument delivered to IBank, or to be delivered to IBank, or which is subject to the approval of IBank, shall be amended, modified, superseded, or terminated in any respect whatsoever without IBank’s prior written approval.
SECTION 8.19. Waiver of Consequential Damages.
To the fullest extent permitted by law, the Purchaser shall not assert, and hereby waives, any claim against IBank on any theory of liability for special, indirect, consequential, or punitive damages (as opposed to direct actual damages) arising from, or in connection with, this Agreement.
SECTION 8.20. Nondiscrimination.
(a) During the performance of this Agreement, the Purchaser shall ensure that any direct contractor and its subcontractors constructing the Facility shall not deny the contracts’ benefits to any person on the basis of race, color, religion, ancestry, national origin, ethnic group 48 identification, marital status, gender, sex, sexual orientation, age, medical condition, physical handicap or disability, mental disability, political affiliation, or position in a labor dispute, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, color, religion, national origin, ethnic group identification, ancestry, physical handicap or disability, mental disability, medical condition, marital status, age, gender, sex, sexual orientation, political affiliation, or position in a labor dispute. The Purchaser shall ensure that any direct contractor and its subcontractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. (b) The Purchaser shall ensure that any direct contractor and its subcontractors constructing the Facility shall comply with the applicable provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), the regulations promulgated thereunder (Title 2, California Code of Regulations, section 7285.0 et seq.) the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) and any regulations promulgated thereunder.
(c) The Purchaser shall ensure that any direct contractor and its subcontractors constructing the Facility shall not knowingly give preferential treatment of any kind whatsoever in connection with any business transaction related to the construction or operation of the Facility to any of its affiliates or to any business enterprise in which the Purchaser has any financial interest, but in such business transactions shall deal at all times with such affiliates and enterprises on the same basis as though dealing with any other parties. (d) The Purchaser shall ensure that any direct contractor and its subcontractors constructing the Facility shall, with respect to the Facility, give written notice of their obligations under this section to labor organizations representing employees of the Purchaser and any contractor or subcontractor performing work on the Facility which have a collective bargaining or other contract with the Purchaser, such contractor or subcontractor. (e) The Purchaser shall ensure that any direct contractor and its subcontractors constructing the Facility shall include the provisions of this section in all subcontracts to perform work with respect to the Facility.
SECTION 8.21. Execution in Counterparts.
This Agreement shall become enforceable upon its execution and delivery. This Agreement may be executed and entered into in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument.
SECTION 8.22. Disclaimer of Warranties.
IBank makes no warranty or representation, either express of implied, as to the value, design, condition, merchantability, or fitness for any particular purpose or fitness for the use contemplated by the Purchaser for the Facility, or any item thereof, or any other representation or warranty with respect to the Facility or any item thereof.
SECTION 8.23. Usury Savings.
49 Nothing herein shall be construed as entitling IBank to charge, receive, or collect interest in a sum greater than the maximum interest rate permitted to be charged by IBank to the Purchaser under applicable law (the “Maximum Rate”). The Parties intend that this Agreement shall comply with applicable law and that the rate or rates of interest charged hereunder shall not exceed the Maximum Rate. If the occurrence of any circumstance, event or contingency should cause such interest to exceed interest at the Maximum Rate, any such excess amount shall be applied to the reduction of the unpaid principal component of the Installment Payments. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a different permissible rate of interest, then this Agreement shall be governed by such new law as of its effective date. 50 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by their respective officers on the dates set forth below.
CALIFORNIA INFRASTRUCTURE AND
ECONOMIC DEVELOPMENT BANK, as Seller
By
Andrew Nakahata
Executive Director
Date
CITY OF WATERFORD, as Purchaser
By
Michael Pitcock
City Manager
Date
RESOLUTION 2025-40 A-1
Docusign Envelope ID: 4D9D521C-C55C-4C78-902C-E3F5BF11B78A
EXHIBIT A
APPROVING RESOLUTION OF THE PURCHASER
WATERFORD CITY COUNCIL
RESOLUTION NO. 2025-40
A RESOLUTION OF THE CITY OF WATERFORD AUTHORIZING THE SUBMISSION
OF AN APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (“IBANK”) FOR FINANCING OF THE HICKMANWATERFORD WATER CONSOLIDATION PROJECT, AUTHORIZING THE
INCURRING OF AN OBLIGATION PAYABLE TO IBANK FOR THE FINANCING OF
THE HICKMAN-WATERFORD WATER CONSOLIDATION PROJECT IF IBANK
APPROVES SAID APPLICATION, DECLARATION OF OFFICIAL INTENT TO
REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF AN
OBLIGATION, AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of eligible projects in accordance with Section 63000 et seq. of the California Government Code (the “Act”); and WHEREAS, IBank created the Infrastructure State Revolving Fund Program (“ISRF Program”) pursuant to the provision of the Act; and
WHEREAS, IBank has instituted an application process for financing under its ISRF Program; and
WHEREAS, IBank’s Criteria, Priorities and Guidelines for the Selection of Projects for Financing under the ISRF Program, dated June 28, 2023, and as may thereafter be amended from time to time (the “Criteria”), establishes requirements for the financing of projects under the ISRF Program; and WHEREAS, the City of Waterford (“Applicant”) desires to submit an application (“Financing Application”) to IBank under the ISRF Program for financing and refinancing the costs of the HickmanWaterford Water Consolidation Project (“Project”) in an amount not to exceed $1,500,000; and WHEREAS, the Act and the Criteria require the Applicant to make, by resolution of its governing body, certain findings prior to a project being selected for financing by IBank; and WHEREAS, the Applicant expects to incur or pay certain expenditures in connection with the Project from its Water Enterprise Fund that are reimbursable with the proceeds of tax exempt bonds or other tax exempt securities under Federal Tax Law (defined below) prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long-term basis (the “Reimbursement Expenditures”); and
WHEREAS, the Applicant reasonably expects that a financing arrangement (“Obligation”) in an amount not expected to exceed $1,200,000 will be entered into under and memorialized by one or more financing agreements and related documents (collectively, the “Financing Agreement”) and that certain proceeds of such Obligation will be used to reimburse the Applicant for Reimbursement Expenditures incurred or paid prior to incurring the Obligation; and WHEREAS, the Applicant acknowledges that IBank funds the ISRF Program, in part, with the proceeds of tax exempt bonds and, as such, has certain compliance obligations that may require it to have the Applicant enter into one or more new financing agreements to replace the Financing Agreement (collectively, the “Replacement Agreement”) on terms and conditions substantially identical to the original Financing Agreement.
RESOLUTION 2025-40 A-2
Docusign Envelope ID: 4D9D521C-C55C-4C78-902C-E3F5BF11B78A NOW, THEREFORE, be it resolved by the City Council of the City of Waterford as follows:
Section 1. The City Council hereby approves confirms, ratifies, and affirms all actions of the Applicant’s representatives, employees and officers heretofore taken in connection with, or with respect to, submitting the Financing Application, and the consideration and approval of the Obligation and the Financing Agreement, if IBank approves the Financing Application and the Obligation, and in connection therewith the City Council finds and certifies:
a. The Project facilitates the effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources; b. The Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities;
c. That the Project is consistent with the General Plan of the City of Waterford and the General Plan of the County of Stanislaus;
d. The proposed financing is appropriate for the Project; e. The Project is consistent with the Criteria; and
f. It has considered (i) the impact of the Project on California’s land resources and the need to preserve such resources; (ii) whether the Project is economically or socially desirable; and (iii) whether the project is consistent with, and in furtherance of the State Environmental Goals and Policy Report (as defined in the Criteria).
Section 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for the Reimbursement Expenditures with the proceeds of tax exempt bonds or other tax exempt securities issued under the provisions of the Internal Revenue Code of 1986, as amended, and those Treasury Regulations implementing such provisions (collectively, “Federal Tax Law”). This declaration is made solely for purposes of establishing compliance with applicable requirements of Federal Tax Law and its date is controlling for purposes of reimbursement under Federal Tax Law. This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project.
Section 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Resolution. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure was paid or the date the Project was placed in service or abandoned, but in no event more than three (3) years after the original expenditure was paid.
Section 4. The City Manager and his or her designee is hereby authorized and directed to act on behalf of the Applicant in all matters pertaining to the Financing Application, and if IBank approves the Financing Application and the Obligation, the execution of related financial documents, including but not limited to: (i) pledge the revenues of the Water Enterprise Fund and all legally available amounts in the Water Enterprise Fund, on a parity basis with the Applicant’s obligations in connection with the Umpqua Bank installment Purchase Agreement, to the repayment of the Obligation, (ii) provide covenants relating to, among other things, maintaining the debt service coverage ratio required by IBank, rates and charges to be pledged, and as to any other security or collateral securing the Obligation, and (iii) take any other action necessary or desirable to enable the Applicant to enter into the Financing Agreement and incur the Obligation.
Section 5. If the Financing Application and the Obligation is approved by IBank, the City Manager and his or her designee is authorized to negotiate, enter into and sign financing documents and any amendments thereto, including, but not limited to the Financing Agreement and the Replacement Agreement, with IBank for the purposes of financing the Obligation.
Section 6. This Resolution shall become effective immediately upon adoption.
RESOLUTION 2025-40 A-3
Docusign Envelope ID: 4D9D521C-C55C-4C78-902C-E3F5BF11B78A The foregoing Resolution was passed and adopted by the City Council of the City of Waterford, County of Stanislaus, State of California, at a regular meeting thereof held on the 3rd day of July 2025, by the following vote:
AYES: Goeken, Gutierrez, Harris, Hilton, Talbott
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF WATERFORD,
Charlie Goeken, Mayor
ATTEST: APPROVED AS TO FORM:
Patricia Krause, CMC Corbett J. Browning
City Clerk City Attorney
B-1
EXHIBIT B
DESCRIPTION OF FACILITY
Generally, the Hickman Consolidation Project involves the acquisition, construction and equipping of facilities that are part of the Borrower’s water system. The Project includes, but is not limited to, design, engineering, architecture, construction, construction contingency, demolition, removal, resurfacing, restoration, landscaping, permitting, construction management, project administration, and general project development activities.
Specifically, the Project includes the following components:
• Construction of 5,500 linear feet of connector pipeline. • Cutting and removal of existing asphalt as well as trench patching. • Other components necessary or desirable in connection with an infrastructure project of this type and that are consistent with the applicable requirements of the IBank Act and the Criteria.
C-1
EXHIBIT C
CONDITIONS PRECEDENT TO DISBURSEMENT
A. Conditions Precedent to Initial Disbursement
No Facility Funds shall be disbursed pursuant to this Agreement until and unless the Purchaser has submitted the following to IBank:
(1) Insurance Certificate of the Purchaser required by Section 5.22; and (2) Either (i) [evidence satisfactory to IBank, in its reasonable discretion, that all conditions to the obligations of this Agreement being on parity with the 2015 IPA and the obligations under the 2015 IPA Instrument have been satisfied, including the conditions set forth in Section 6.2 of the Installment Purchase Agreement dated July 1, 2015 by and between the Purchaser and Umpqua Bank, to the effect that (a) no default shall have occurred and be continuing under the 2015 IPA Instrument.
B. Conditions Precedent to Disbursement for Construction Costs No Facility Fundsshall be disbursed for construction costsfor the Facility until and unless the Purchaser has submitted the following to IBank:
(1) A copy of the Purchaser’s direct contractor(s)’ builder’s risk, commercial general liability, and worker’s compensation insurance policies satisfying the requirements of Section 5.22, unless specifically waived by IBank; (2) A copy of the Purchaser’s direct contractor’s payment and performance bonds satisfying the requirements set forth in Section 5.19 of this Agreement; and (3) A copy of the executed direct contract(s) for the Facility between the Purchaser and its direct contractor(s), including any exhibits, attachments, or change orders, if and when applicable.
C. Conditions Precedent to Final Disbursement
The final disbursement of Facility Funds shall not be made until the Purchaser has provided the following to IBank:
(1) Recorded notice of completion for the Facility or other evidence of completion satisfactory to IBank;
(2) Lien waivers for the Facility, or evidence of the passage of the applicable statutory time periods for filing mechanics and other similar liens; and (3) Certification by the Purchaser that the Facility has been completed according to its approved final plans and specifications, that the completed Facility is consistent with the definition of Facility in this Agreement and is acceptable to IBank.
D-1
EXHIBIT D
FORM OF OPINION OF LEGAL COUNSEL TO PURCHASER
Attorney letterhead
To be signed and dated as of the Effective Date
City of Waterford
101 E Street
Waterford, CA 95386
California Infrastructure and Economic Development Bank 1325 J St. Suite 1300
Sacramento, CA 95814
RE: Installment Sale Agreement, By and Among the City of Waterford and the California Infrastructure and Economic Development Bank (“IBank”), dated as of , 2025.
Ladies and Gentlemen:
In my capacity as legal counsel to the City of Waterford, (the “City”) and in connection with the above described financing agreement (the “Financing Agreement”), I have examined the laws pertaining to the City; copies of the Financing Agreement; the Waterford City Council Resolution No. 2025-40 (the “Resolution”); the 2015 IPA, the rate and fee structure for the City’s water system, and such other information and documents as I considered necessary to render this opinion.
Based upon the foregoing, it is my opinion that:
(i) the City is a municipal corporation and a public instrumentality of the State of California duly organized and validly existing pursuant to the laws of the State of California; (ii) the Resolution and other actions of the City approving and authorizing the execution and delivery of the Financing Agreement were duly adopted at a meeting of the governing body of the City which was called and held pursuant to law, in accordance with all public notice required by law and at which a quorum was present and acting throughout and such approval and authority is continuing and in full force and effect as of the date hereof;
(iii) the City has the full right and lawful authority to execute and deliver the Financing Agreement and the Financing Agreement has been duly authorized and executed on behalf of the City and the Financing Agreement is the legal, valid and binding obligations of the City enforceable in D-2
accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium, or similar laws, or by legal or equitable principles relating to or limiting creditors' rights generally;
(iv) to the best of my knowledge, after due inquiry, the execution and delivery of the Financing Agreement and compliance with the provisions thereof, under the circumstances contemplated thereby, does not and will not, in any material respect, conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party including the 2015 IPA, or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject;
(v) the obligations of the City under the Financing Agreement constitutes permitted parity obligations under the 2015 IPA and 2015 IPA Instrument and are on parity with the obligations of the City under the 2015 IPA and 2015 IPA Instrument;
(vi) the rates, fees and charges the City imposes on its water system customers are legal, valid and comply with California Constitution article XIIID, the statues implementing it, and the published California Appellate Court and Supreme Court decisions interpreting it; (vii) to the best of my knowledge, after due inquiry, there is no action, suit, proceeding, inquiry or investigation before or by any court or public body pending or threatened against or affecting the City: (1) challenging or questioning the transactions contemplated by the Financing Agreement or any other agreement, document or certificate related to such transactions; (2) challenging or questioning the creation, organization, existence or powers of the City; (3) seeking to enjoin or restrain the execution of the Financing Agreement or the construction of the Facility (as defined in the Financing Agreement) or the collection of any of the revenues used for making payments under the Financing Agreement; (4) in any way questioning or affecting any authority for the execution of the Financing Agreement or the validity or enforceability of the Financing Agreement; or (6) in any way questioning or affecting any other agreement or instrument relating to the Financing Agreement to which the City is a party.
Sincerely,
[Insert attorney name]
City Attorney, Waterford
E-1
EXHIBIT E
AMORTIZATION SCHEDULE
Payment
Date
Ending
Principal
Balance
Principal
Payment
Interest
Payment
Total Principal
& Interest Annual Fee Total Payment
Total Payment
Fiscal Year
Ending June 30
7-Nov-2025 1,200,000.00
1-Feb-2026 12,236.00 12,236.00 - $12,236.00 $12,236.00
1-Aug-2026 1,161,224.88 38,775.12 26,220.00 64,995.12 1,800.00 $66,795.12 1-Feb-2027 25,372.76 25,372.76 $25,372.76 $92,167.88
1-Aug-2027 1,120,755.28 40,469.60 25,372.76 65,842.36 1,741.84 $67,584.20 1-Feb-2028 24,488.50 24,488.50 - $24,488.50 $92,072.70
1-Aug-2028 1,078,517.16 42,238.12 24,488.50 66,726.62 1,681.13 $68,407.75 1-Feb-2029 - 23,565.60 23,565.60 - $23,565.60 $91,973.35 1-Aug-2029 1,034,433.24 44,083.92 23,565.60 67,649.52 1,617.78 $69,267.30 1-Feb-2030 - 22,602.37 22,602.37 - $22,602.37 $91,869.67 1-Aug-2030 988,422.85 46,010.39 22,602.37 68,612.76 1,551.65 $70,164.41 1-Feb-2031 - 21,597.04 21,597.04 - $21,597.04 $91,761.45 1-Aug-2031 940,401.81 48,021.04 21,597.04 69,618.08 1,482.63 $71,100.71 1-Feb-2032 - 20,547.78 20,547.78 - $20,547.78 $91,648.49 1-Aug-2032 890,282.25 50,119.56 20,547.78 70,667.34 1,410.60 $72,077.94 1-Feb-2033 - 19,452.67 19,452.67 - $19,452.67 $91,530.61 1-Aug-2033 837,972.46 52,309.79 19,452.67 71,762.46 1,335.42 $73,097.88 1-Feb-2034 - 18,309.70 18,309.70 - $18,309.70 $91,407.58 1-Aug-2034 783,376.73 54,595.73 18,309.70 72,905.43 1,256.96 $74,162.39 1-Feb-2035 - 17,116.78 17,116.78 - $17,116.78 $91,279.17 1-Aug-2035 726,395.17 56,981.56 17,116.78 74,098.34 1,175.07 $75,273.41 1-Feb-2036 - 15,871.73 15,871.73 - $15,871.73 $91,145.14 1-Aug-2036 666,923.52 59,471.65 15,871.73 75,343.38 1,089.59 $76,432.97 1-Feb-2037 - 14,572.28 14,572.28 - $14,572.28 $91,005.25 1-Aug-2037 604,852.96 62,070.56 14,572.28 76,642.84 1,000.39 $77,643.23 1-Feb-2038 - 13,216.04 13,216.04 - $13,216.04 $90,859.27 1-Aug-2038 540,069.91 64,783.05 13,216.04 77,999.09 907.28 $78,906.37 1-Feb-2039 - 11,800.53 11,800.53 - $11,800.53 $90,706.90 1-Aug-2039 472,455.84 67,614.07 11,800.53 79,414.60 810.10 $80,224.70 1-Feb-2040 - 10,323.16 10,323.16 - $10,323.16 $90,547.86 1-Aug-2040 401,887.04 70,568.80 10,323.16 80,891.96 708.68 $81,600.64 1-Feb-2041 - 8,781.23 8,781.23 - $8,781.23 $90,381.87
1-Aug-2041 328,234.38 73,652.66 8,781.23 82,433.89 602.83 $83,036.72 1-Feb-2042 - 7,171.92 7,171.92 - $7,171.92 $90,208.64
1-Aug-2042 251,363.10 76,871.28 7,171.92 84,043.20 492.35 $84,535.55 1-Feb-2043 - 5,492.28 5,492.28 - $5,492.28 $90,027.83
1-Aug-2043 171,132.55 80,230.55 5,492.28 85,722.83 377.04 $86,099.87 1-Feb-2044 - 3,739.25 3,739.25 - $3,739.25 $89,839.12
1-Aug-2044 87,395.92 83,736.63 3,739.25 87,475.88 256.70 $87,732.58 1-Feb-2045 - 1,909.60 1,909.60 - $1,909.60 $89,642.18
1-Aug-2045 (0.00) 87,395.92 1,909.60 89,305.52 131.09 $89,436.61 Total Payments: 1,200,000.00 610,318.44 1,810,318.44 21,429.13 $1,831,747.57 $1,742,310.96 F-1
EXHIBIT F
SCHEDULE OF SOURCES AND USES OF FACILITY FUNDS
SOURCES and USES
Uses Sources
IBank City Total
Construction Contingency $1,200,000 $0 $1,200,000
IBank Origination Fee $0 $25,000 $25,000
Total $1,200,000 $25,000 $1,225,000
i
TABLE OF CONTENTS
Page
[NOTE – TABLE MAY NEED REVISION DUE TO OPTIONAL PROVISIONS AND HEADING TITLE CHAGNES]
ARTICLE I DEFINITIONS, RULES OF CONSTRUCTION, AND CONDITIONS PRECEDENT................................................................................................................................. 2 SECTION 1.01. Definitions............................................................................................. 2 SECTION 1.02. Rules of Construction. ........................................................................... 8 SECTION 1.03 Conditions Precedent ............................................................................. 9 ARTICLE II TERMS OF SALE ................................................................................................... 9 SECTION 2.01. Purchase and Sale .................................................................................. 9 SECTION 2.02. Design, Acquisition, Construction, and Sale of the Facility.................. 9 SECTION 2.03. Payment of Purchase Price; Term; Interest Rates................................ 10 SECTION 2.04. Payment on Business Days.................................................................. 12 SECTION 2.05. Disbursement of Facility Funds........................................................... 12 SECTION 2.06. Additional Payments............................................................................ 13 SECTION 2.07. Reserved .............................................................................................. 14 SECTION 2.08. Limitations on Prepayment and Facility Funds Reductions ................ 14 SECTION 2.09. Validity of Pledge and First Lien......................................................... 15 SECTION 2.10. Limited Obligation .............................................................................. 15 SECTION 2.11. Permitted Additional Parity Debt ........................................................ 15 SECTION 2.12. Purchaser’s Obligation for Other Project Costs................................... 17 SECTION 2.13. Project and Facility Description .......................................................... 17 SECTION 2.14. Withholding of Facility Funds............................................................. 17 SECTION 2.15. Reserve Account.................................................................................. 18 SECTION 2.16. Permitted Subordinate Debt..................................................................18 ARTICLE III PLEDGE OF REVENUES; APPLICATION OF FUNDS................................... 19 SECTION 3.01. Pledge of Net System Revenues.......................................................... 19 SECTION 3.02. Sytem Revenues to be Deposited in the Enterprise Fund.................... 19 SECTION 3.03. Priority of Payments Made from the Enterprise Fund......................... 20 ARTICLE IV REPRESENTATIONS AND WARRANTIES OF THE PURCHASER ............. 20 SECTION 4.01. Organization; Authority....................................................................... 20 SECTION 4.02. Agreement Valid and Binding............................................................. 21 SECTION 4.03. No Conflict in Execution of Agreement.............................................. 21 SECTION 4.04. No Litigation........................................................................................ 21 SECTION 4.05. No Breach or Default........................................................................... 21 SECTION 4.06. No Consent, Approval, or Permission Necessary ................................ 21 SECTION 4.07. Accuracy and Completeness of Information Submitted to IBank ................................................................................................... 22 SECTION 4.08. Financial Statements of the Purchaser................................................. 22 SECTION 4.09. Licenses, Permits, and Approvals for Completion of the Facility....... 22 SECTION 4.10. Authority to Operate the System ......................................................... 22 SECTION 4.11. Valid Title; No Conflict....................................................................... 22 SECTION 4.12. Other Liens; No Lien Senior to IBank Lien. ....................................... 22 ii
TABLE OF CONTENTS
Page
SECTION 4.13. Purchaser's Compliance with Prop 218 Law.......................................23 SECTION 4.14. No Challenge to Purchaser's Rates, Fees and Charges........................23 SECTION 4.15. Water Sources .....................................................................................23 SECTION 4.16. Continuing Validity of Representations and Warranties.....................23 ARTICLE V AFFIRMATIVE COVENANTS OF THE PURCHASER .................................... 23 SECTION 5.01. Punctual Payment ................................................................................ 23 SECTION 5.02. Payment of Claims .............................................................................. 24 SECTION 5.03. Books and Accounts; Financial Statements......................................... 24 SECTION 5.04. Protection of IBank’s Security and Rights .......................................... 26 SECTION 5.05. Payments of Taxes and Other Charges................................................ 26 SECTION 5.06. Maintenance of System Revenues; Rate Covenant ............................. 26 SECTION 5.07. Tax Covenants..................................................................................... 27 SECTION 5.08. Maintenance and Operation of System................................................ 30 SECTION 5.09. Assumption of Obligations.................................................................. 31 SECTION 5.10. Damage, Destruction, Title Defect, and Condemnation; Use of Net Proceeds........................................................................................ 31 SECTION 5.11. Entry into Replacement Agreement..................................................... 32 SECTION 5.12. Further Assurances.............................................................................. 33 SECTION 5.13. Agreement to Complete Facility Delivery........................................... 33 SECTION 5.14. Collection of Rates, Fees and Charges................................................ 34 SECTION 5.15. The Purchaser’s General Responsibility.............................................. 34 SECTION 5.16. The Purchaser’s Assurances and Commitments.................................. 34 SECTION 5.17. Facility Access..................................................................................... 35 SECTION 5.18. Operation and Maintenance of the Facility.......................................... 35 SECTION 5.19. Performance and Payment Bonds........................................................ 35 SECTION 5.20. Continuing Disclosure ......................................................................... 36 SECTION 5.21. Notice of Purchaser Event of Default.................................................. 36 SECTION 5.22. Maintenance of Insurance.................................................................... 36 SECTION 5.23. Facility Construction ........................................................................... 37 SECTION 5.24. Compliance with Contracts.................................................................. 37 SECTION 5.25. Maintenance of Lien Parity ................................................................. 37 SECTION 5.26. Covenant to Comply with Prop 218 Law ............................................ 38 SECTION 5.27. Acquisition of Water in Sufficient Quantity and Quality to Meet Customer Demands ............................................................................. 38 ARTICLE VI NEGATIVE COVENANTS OF THE PURCHASER.......................................... 38 SECTION 6.01. Limitation on Additional Obligations; No Senior Debt....................... 38 SECTION 6.02. Disposition of Property........................................................................ 38 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES...................................................... 39 SECTION 7.01. Events of Default and Acceleration..................................................... 39 SECTION 7.02. Remedies ............................................................................................. 40 SECTION 7.03. Application of Funds upon Default ..................................................... 41 SECTION 7.04. No Waiver ........................................................................................... 41 iii
TABLE OF CONTENTS
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SECTION 7.05. Remedies Not Exclusive...................................................................... 42 ARTICLE V MISCELLANEOUS .............................................................................................. 42 SECTION 8.01. California Law; Venue ........................................................................ 42 SECTION 8.02. Assignment of IBank’s Rights............................................................. 42 SECTION 8.03. Third Party Beneficiaries..................................................................... 42 SECTION 8.04. Successor Entities................................................................................ 43 SECTION 8.05. Discharge of Agreement...................................................................... 43 SECTION 8.06. Amendment ......................................................................................... 43 SECTION 8.07. Waiver of Personal Liability................................................................ 43 SECTION 8.08. Arm’s Length Transaction................................................................... 43 SECTION 8.09. Notices................................................................................................. 44 SECTION 8.10. Contact Persons.....................................................................................44 SECTION 8.11. Partial Invalidity .................................................................................. 45 SECTION 8.12. Binding Effect ..................................................................................... 45 SECTION 8.13. Entire Agreement..................................................................................45 SECTION 8.14. Indemnification.................................................................................... 45 SECTION 8.15. Expectations..........................................................................................47 SECTION 8.16. Section Headings ................................................................................. 47 SECTION 8.17. Time of the Essence ..............................................................................47 SECTION 8.18. Form of Documents............................................................................. 47 SECTION 8.19. Waiver of Consequential Damages......................................................47 SECTION 8.20. Nondiscrimination…............................................................................47 SECTION 8.21. Execution in Counterparts ................................................................... 48 SECTION 8.22. Disclaimer of Warranties..................................................................... 48 SECTION 8.23. Usury Savings...................................................................................... 48 EXHIBIT A APPROVING RESOLUTION OF THE PURCHASER............................. A-1 EXHIBIT B DESCRIPTION OF FACILITY AND PROJECT....................................... B-1 EXHIBIT C CONDITIONS PRECEDENT TO DISBURSEMENT ............................... C-1 EXHIBIT D FORM OF OPINION OF LEGAL COUNSEL TO PURCHASER ............ D-1 EXHIBIT E AMORTIZATION SCHEDULE ..................................................................E-1 EXHIBIT F SCHEDULE OF SOURCES AND USES OF FACILITY FUNDS.............F-1 Payment
Date
Ending Principal
Balance
Principal
Payment Interest Payment Total Principal &
Interest Annual Fee Total Payment
Total Payment
Fiscal Year
Ending June 30
7-Nov-2025 1,200,000.00
1-Feb-2026 12,236.00 12,236.00 - $12,236.00 $12,236.00
1-Aug-2026 1,179,892.89 20,107.11 26,220.00 46,327.11 1,800.00 $48,127.11 1-Feb-2027 25,780.66 25,780.66 $25,780.66 $73,907.77
1-Aug-2027 1,158,907.10 20,985.79 25,780.66 46,766.45 1,769.84 $48,536.29 1-Feb-2028 25,322.12 25,322.12 - $25,322.12 $73,858.41
1-Aug-2028 1,137,004.23 21,902.87 25,322.12 47,224.99 1,738.36 $48,963.35 1-Feb-2029 - 24,843.54 24,843.54 - $24,843.54 $73,806.89 1-Aug-2029 1,114,144.21 22,860.02 24,843.54 47,703.56 1,705.51 $49,409.07 1-Feb-2030 - 24,344.05 24,344.05 - $24,344.05 $73,753.12 1-Aug-2030 1,090,285.20 23,859.01 24,344.05 48,203.06 1,671.22 $49,874.28 1-Feb-2031 - 23,822.73 23,822.73 - $23,822.73 $73,697.01 1-Aug-2031 1,065,383.56 24,901.64 23,822.73 48,724.37 1,635.43 $50,359.80 1-Feb-2032 - 23,278.63 23,278.63 - $23,278.63 $73,638.43 1-Aug-2032 1,039,393.71 25,989.85 23,278.63 49,268.48 1,598.08 $50,866.56 1-Feb-2033 - 22,710.75 22,710.75 - $22,710.75 $73,577.31 1-Aug-2033 1,012,268.11 27,125.60 22,710.75 49,836.35 1,559.09 $51,395.44 1-Feb-2034 - 22,118.06 22,118.06 - $22,118.06 $73,513.50 1-Aug-2034 983,957.12 28,310.99 22,118.06 50,429.05 1,518.40 $51,947.45 1-Feb-2035 - 21,499.46 21,499.46 - $21,499.46 $73,446.91 1-Aug-2035 954,408.94 29,548.18 21,499.46 51,047.64 1,475.94 $52,523.58 1-Feb-2036 - 20,853.84 20,853.84 - $20,853.84 $73,377.42 1-Aug-2036 923,569.50 30,839.44 20,853.84 51,693.28 1,431.61 $53,124.89 1-Feb-2037 - 20,179.99 20,179.99 - $20,179.99 $73,304.88 1-Aug-2037 891,382.38 32,187.12 20,179.99 52,367.11 1,385.35 $53,752.46 1-Feb-2038 - 19,476.71 19,476.71 - $19,476.71 $73,229.17 1-Aug-2038 857,788.68 33,593.70 19,476.71 53,070.41 1,337.07 $54,407.48 1-Feb-2039 - 18,742.68 18,742.68 - $18,742.68 $73,150.16 1-Aug-2039 822,726.94 35,061.74 18,742.68 53,804.42 1,286.68 $55,091.10 1-Feb-2040 - 17,976.58 17,976.58 - $17,976.58 $73,067.68 1-Aug-2040 786,133.00 36,593.94 17,976.58 54,570.52 1,234.09 $55,804.61 1-Feb-2041 - 17,177.01 17,177.01 - $17,177.01 $72,981.62 1-Aug-2041 747,939.91 38,193.09 17,177.01 55,370.10 1,179.20 $56,549.30 1-Feb-2042 - 16,342.49 16,342.49 - $16,342.49 $72,891.79 1-Aug-2042 708,077.78 39,862.13 16,342.49 56,204.62 1,121.91 $57,326.53 1-Feb-2043 - 15,471.50 15,471.50 - $15,471.50 $72,798.03 1-Aug-2043 666,473.67 41,604.11 15,471.50 57,075.61 1,062.12 $58,137.73 1-Feb-2044 - 14,562.45 14,562.45 - $14,562.45 $72,700.18 1-Aug-2044 623,051.46 43,422.21 14,562.45 57,984.66 999.71 $58,984.37 1-Feb-2045 - 13,613.67 13,613.67 - $13,613.67 $72,598.04 1-Aug-2045 577,731.70 45,319.76 13,613.67 58,933.43 934.58 $59,868.01 1-Feb-2046 - 12,623.44 12,623.44 - $12,623.44 $72,491.45 1-Aug-2046 530,431.47 47,300.23 12,623.44 59,923.67 866.60 $60,790.27 1-Feb-2047 - 11,589.93 11,589.93 - $11,589.93 $72,380.20 1-Aug-2047 481,064.22 49,367.25 11,589.93 60,957.18 795.65 $61,752.83 1-Feb-2048 - 10,511.25 10,511.25 - $10,511.25 $72,264.08 1-Aug-2048 429,539.62 51,524.60 10,511.25 62,035.85 721.60 $62,757.45 1-Feb-2049 - 9,385.44 9,385.44 - $9,385.44 $72,142.89
1-Aug-2049 375,763.40 53,776.22 9,385.44 63,161.66 644.31 $63,805.97 1-Feb-2050 - 8,210.43 8,210.43 - $8,210.43 $72,016.40
1-Aug-2050 319,637.15 56,126.25 8,210.43 64,336.68 563.65 $64,900.33 1-Feb-2051 - 6,984.07 6,984.07 - $6,984.07 $71,884.40
1-Aug-2051 261,058.19 58,578.96 6,984.07 65,563.03 479.46 $66,042.49 1-Feb-2052 - 5,704.12 5,704.12 - $5,704.12 $71,746.61
1-Aug-2052 199,919.33 61,138.86 5,704.12 66,842.98 391.59 $67,234.57 1-Feb-2053 - 4,368.24 4,368.24 - $4,368.24 $71,602.81
1-Aug-2053 136,108.70 63,810.63 4,368.24 68,178.87 299.88 $68,478.75 1-Feb-2054 - 2,973.98 2,973.98 - $2,973.98 $71,452.73
1-Aug-2054 69,509.54 66,599.16 2,973.98 69,573.14 204.16 $69,777.30 1-Feb-2055 - 1,518.78 1,518.78 - $1,518.78 $71,296.08
1-Aug-2055 0.00 69,509.54 1,518.78 71,028.32 104.26 $71,132.58 $71,132.58
Total Payments: 1,200,000.00 962,429.20 2,162,429.20 33,515.35 $2,195,944.55 $2,195,944.55
EXHIBIT E
AMORTIZATION SCHEDULE
E-1
General business 6d
November 6, 2025
Lonnie Statzer Public Works Director
City Council Staff Report
Motion: Awarding Bid and Approving an Agreement with Mountain Cascade Inc, in the Amount of $796,885.00 for Project No. 2025-09, “Hickman Water Consolidation Project” and Authorizing the City Manager to Execute the Public Improvement Agreement SUMMARY:
City Council is being asked to award a bid and approve an agreement with Mountain Cascade Inc, in the amount of $796,885.00 for Project No. 2025-09, “Hickman Water Consolidation Project” and authorizing the City Manager to execute the Public Improvement Agreement.
ANALYSIS:
The project will take place on Hickman Road, encompassing the segment from the south side of the Tuolumne River bridge to Lake Road.
The proposed project consists of installing a new 14-inch water transmission main to establish a direct connection between the City of Waterford’s water distribution system and the Hickman Community Services District’s water system. This interconnection is intended to improve water reliability, increase system capacity, and provide redundancy for both communities in the event of an emergency or supply interruption.
The work will include trench excavation, installation of the transmission pipeline, backfilling, trench paving, and the application of new roadway striping to restore the affected areas to their original condition. All construction activities and improvements will occur entirely within Stanislaus County’s existing public right-of-way, minimizing the need for additional property acquisition. Traffic control measures will be implemented throughout the construction period to ensure public safety and maintain access for residents and businesses.
Upon completion, this project will enhance regional water infrastructure, support long-term sustainability, and strengthen the resiliency of both water system On October 22, 2025, staff received 10 bids as follows:
Bid Company City and State Amount
1 Mountain Cascade Inc Livermore, CA 94550 $796,885.00
2 West Valley Construction Company Inc Campbell, CA 95008 $852,301.10 3 Rolfe Construction Inc. Atwater, CA 95301 $857,702.00 4 United Pavement Maintenance Inc Hughson, CA 95326 $862,936.94 5 MID Cal Pipeline & Utilities Inc Merced, CA 95341 $915,528.00 6 Garney Pacific Inc Tracy, CA 95391 $973,169.00
7 Taylor Backhoe Service Inc Merced, CA 95341 $976,928.87 8 Machado & Sons Construction Inc Turlock, CA 95380 $1,153,999.00 9 Lawarence Backhoe Service Inc Atwater, CA 95301 $1,395,046.00 10 Seirra Communications & Construction
Inc
Catheys Valley, CA 95306 $1,698,327.95
FISCAL IMPACT
The project will be paid for with a loan from Ibank. The final loan amount will cover the cost of the project and some other related items for the Hickman Water System. The loan will be a 20-year loan at
4.37% interest. The loan will be secured with the revenues of the Water Fund. The final financing package will be brought before Council.
Engineers Estimate of Project Costs
Total Project Cost Construction
Contract
Construction
Contingency
Construction
Engineering &
Inspection
Preliminary
Engineering
$956,262.00 $796,885.00 $79,688.50 $39,844.25 $39,844.25 Project Revenue Included in FY 2024/2025 Budget
Fund Fund Number Amount
Water CIP 5075-800-8022 $956,262.00
Total $956,262.00
ENVIRONMENTAL REVIEW:
This project is categorically exempted according to Title 14, Chapter 3, Article 19 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), in accordance with Section 15301 “Existing Facilities.”
ALTERNATIVES:
1. Council could choose to not award the bid for the “Hickman Water Consolidation Project”. However, the loan funds, as authorized, are only for this specific project and cannot be used for alternative projects.
ATTACHMENTS:
• Notice of Award
• Agreement
• Bid Opening Log
NOTICE OF AWARD
HICKMAN WATER CONSOLIDATION PROJECT, PROJECT NO. 2025-09 To: Mountain Cascade Inc..
(Contractor)
555 Exchange Court
(Address)
Livermore, CA 94550
(City, State, Zip)
The City of Waterford, (Owner), represented by the undersigned has considered the proposal submitted by you for the above described work in response to its Notice to Contractors dated November, 2025.
It appears that it is to the best interest of said Owner to accept your Proposal in the amount of:
Seven Hundred and Ninety-Six Thousand, Eight Hundred and Eighty-Five Dollars ($796,885.00).
You are hereby notified that your Proposal has been accepted.
If you fail to execute said contract and to furnish bonds and certificates within 10 calendar days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to readvertise the work or otherwise dispose thereof as the Owner may see fit.
Dated this 6
th day of November, 2025.
OWNER: City of Waterford ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is
hereby acknowledged
This ___ day of __________, 2025
_______________________ By: _________________________
Michael G. Pitcock
City Manager Title: ________________________
2025-09 – Hickman Water Consolidation Project
1 AGREEMENT
FOR
PUBLIC IMPROVEMENT
PROJECT NO. 2025-09
“HICKMAN WATER CONSOLIDATION PROJECT”
THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called ‘City”, and, Mountain Cascade Inc., herein called “Contractor”, on
RECITALS
(a) City has taken appropriate proceedings to authorize construction of the public work an improvements herein provided, and execution of this Agreement.
(b) A notice was duly published for bids for the contract for the improvement hereinafter described. (c) On (Date), after notice duly given, the City Council of said City awarded the contract for the construction of the improvements hereinafter described to Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements.
(d) City and Contractor desire to enter into this Agreement for the construction of said improvements.
IT IS AGREED AS FOLLOWS:
1. Scope of Work
Contractor shall perform the work described briefly as follows:
All work as specified on the Plans and in the Special Provisions, dated November 2025 for the project, Hickman Water Consolidation Project.
The aforesaid improvements are further described in the plans, specifications and technical requirements for such project, copies of which are on file in the office of the City Engineer, previously provided to Contractor, and which are incorporated herein by reference as if set forth fully herein.
2. The Contract
The complete contract consists of the following documents: This Agreement, the notice to contractors, the Contractor's accepted proposal, general conditions, special provisions, plans and detailed drawings, faithful performance bond and labor and materials bond and any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a satisfactory and acceptable manner. The Current Edition of the "City of Waterford Standard Specifications and Drawings" is hereby incorporated as a part of the contract. Federal Highway Administration Form 1273: Required Contract Provisions Federal-Aid Construction Contracts, and the current Federal wage rates are included as attachments and are made a part hereof.
All rights and obligations of City and Contractor are set forth and described in the contract.
All of the above named documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the "contract". In case of any dispute, the decision of the City Engineer shall be final. 2025-09 – Hickman Water Consolidation Project
2 3. Schedule
All work shall be performed in accordance with the schedule provided by City Engineer, and under his direction.
4. Equipment & Performance of Work:
Contractor shall furnish all tools, equipment, facilities, labor and materials necessary to perform and complete in good workmanlike manner the work of general construction as called for and in the manner designated in and in strict conformity with the plans and specifications for said work, which said specifications are entitled, "General Conditions and Special Provisions for:
“Tennis Court Remodel”
The equipment, apparatus, facilities, labor and material shall be furnished, and said work performed and completed as required in said plans and specifications under the direction and supervision, and subject to the approval, of the City Engineer of said City, or his designated agent.
5. Contract Price:
City shall pay, and Contractor shall accept in full payment for the work above agreed to be done, the sum of:
Seven Hundred and Ninety-Six Thousand, Eight Hundred and Eighty-Five Hundred Dollars. ($796,885.00). Said price is determined by the unit prices contained in Contractor's bid. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, said work and materials will be paid for at the unit price therein contained. Said amount shall be paid in installments as hereinafter provided.
6. Time for Performance
The time fixed for the commencement of such work is ten (10) calendar days after the "Notice to Proceed" has been issued. The work on this project shall be completed on or before Thirty (30) calendar days after the date of the "Notice to Proceed".
7. Rights of City to Increase Working Days:
If such work is not completed within such time, the City Council shall have the right to increase the number of working days in the amount it may determine will best serve the interests of the City, and if it desires to increase said number of working days, it shall have the further right to charge the Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension except that the cost of the final service and preparation of the final estimates shall not be included in such charges; provided, however, that no extension of time for completion of such work shall ever be allowed unless requested by Contractor at least twenty (20) calendar days prior to the time herein fixed for the completion thereof, in writing, with the City Clerk, addressed to the City Council. In this connection, it is understood that the City Clerk shall not transmit any such request to the City Council if not filed within the time herein prescribed.
2025-09 – Hickman Water Consolidation Project
3 8. Option of City to Terminate Agreement in Event of Failure to Complete Work:
If Contractor shall have refused or failed to prosecute the work, or any severable part thereof, with such diligence as will insure its completion within the time specified or any extensions thereof, or shall have failed to complete said work within such time if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor or any subcontractor should violate any of the provisions of this Agreement, the City Engineer or the City Council may give written notice to Contractor and Contractor's sureties of its intention to terminate this Agreement, and unless within five (5) days after the serving of such notice such violation shall cease and satisfactory arrangements for the correction thereof made, this Agreement may, at the option of City, upon the expiration of said time, cease and terminate.
9. Liquidated Damages:
In the event Contractor for any reason shall have failed to perform the work herein specified within the time herein required and to the satisfaction of the City Engineer, City may, in lieu of any other of its rights authorized by paragraph 8 of this Agreement, deduct from payments or credits due Contractor after such breach, a sum equal to one thousand ($1,000) Dollars as liquidated damages for each calendar day beyond the date herein provided for the completion of such work.
10. Performance by Sureties:
In the event of any termination as herein‐before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement; provided, however, that if the sureties within five (5) days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) days after notice to the City of such election, City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account, and at the expense of Contractor and the Sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefore.
11. Disputes Pertaining to Payment for Work:
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to contractor during the performance of this contract, such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive.
12. Permits, Compliance with Law:
Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law.
13. Superintendence by Contractor:
Contractor shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress, with authority to act for him.
2025-09 – Hickman Water Consolidation Project
4 14. Inspection by City:
Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation.
15. Extra and/or Additional Work and Changes:
Should City at any time during the progress of said work request any alterations, deviations, additions, or omissions from said specifications or plans or other contract documents, it shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of said contract price as the case may be, by fair and reasonable valuation. Request for such change must be made in writing signed by the City Engineer, shall be accompanied by plans and specifications for such propose, shall be accepted in writing by Contractor and Contractor's surety.
16. Inspection and Testing of Materials:
Contractor shall notify City a sufficient time in advance of the manufacture of production materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same, as required by the City.
Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the job of said improvement.
Contractor shall also furnish City, in triplicate, certified copies of all factory and mill test reports upon request.
17. Permits and Care of Work:
Contractor has examined the site of the work and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.
18. Other Contracts:
City may award other contracts for additional work, and Contractor shall fully cooperate with such other Contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor.
19. Payments to Contractor:
Payments are to be made to the Contractor in accordance with the provisions of Section of the General Conditions of said specifications in legally executed and regularly issued warrants of the City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.
2025-09 – Hickman Water Consolidation Project
5 20. Contract Security:
Concurrently with the execution hereof, Contractor shall furnish on the forms provided (1) a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract. Sureties on each of said bonds thereof shall be satisfactory to the City Manager.
21. Indemnity:
Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence, sole negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
22. Contractor’s Insurance:
a. Minimum Limits of Insurance
i. General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A combination of a general liability policy and excess liability policies may be utilized to achieve these limits. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. ii. Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
iii. Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
b. Deductibles and Self-Insured Retention:
Any deductible or self‐insured retention must be declared to and approved by the City. At the option of 2025-09 – Hickman Water Consolidation Project
6 the City, either: the insurer shall reduce or eliminate such deductible for self‐insured retention as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall post a security (including but not limited to cash, letter of credit, etc.) guaranteeing payment of losses and related investigations, claim administration, and defense expenses. c. Other Insurance Provisions:
The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverage
1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.
2. The Contractor's insurance shall apply separately to each insured against whom claim is made for suit is brought, except with respect to the limits of the insurer's liability. ii. All Coverage:
1. Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
2. The Contractor shall require the subcontractors, if any, to take out and maintain similar Commercial General Liability and Property Damage Insurance.
3. In case any of the work under this Contract is to be performed on, or at, the site of the project by the subcontractor, the contractor shall take out and maintain such contractor's Contingent or Protective Insurance as will protect him, the Owner, and the Engineer from damage claims arising from the operations of any subcontractor. d. Acceptability of Insurer:
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
In the event the form of any policy or certificate, or the amount of the insurance or the companies writing same are not satisfactory to the City, the Contractor shall furnish other policies or certificates in form and amount, and with companies satisfactory to the City. The Contractor shall not cause any policies to be canceled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the City stating when, not less than ten (10) days thereafter, such cancellation or reduction shall be effective. All certificates of insurance, authenticated by the proper officer of the insurer, shall state in particular those insured, the extent of the insurance, the location and operations to which the insurance applies, the expiration date, and the above‐mentioned notice of cancellation clause.
The Contractor shall furnish to the City at the date of delivering the signed contracts and bonds, certificates or riders duly executed on behalf of the surety company, certifying as to the amounts of insurance carried, and providing for the coverage therein of the City, its officers, agents, and employees, within all risks arising out of the project.
23. Proof of Carriage of Insurance:
Contractor shall furnish City on City Forms, through the City Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and that each carrier shall give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract. 2025-09 – Hickman Water Consolidation Project
7 24. Wage & Hours of Employment:
In the performance of this contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this Agreement shall be the current prevailing scale of wages determined by the U.S. Secretary of Labor for the community and on file with the City Engineer.
The Contractor shall forfeit as penalty to the City, Twenty‐Five Dollars ($25) to be paid to the City of Waterford for each workman employed in the execution of this Agreement by him or by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Article 3, Chapter 1, Part 7, a Division 2, of the Labor Code of the State of California, and all amendments thereto.
25. Emergency – Additional Time for Performance – Procurement of Materials:
If, because of war or other declared national emergency, the Federal or State Government restricts, regulates, or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, contractor is through no fault of the contractor, unable to perform this Agreement, or the work is thereby suspended or delayed, any of the following steps may be taken. a. City may, pursuant to resolution of the Council, grant Contractor additional time for the performance of this Agreement, sufficient to compensate in time, for delay or suspension.
To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify City Engineer in writing thereof, and give specific reasons therefore; City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this Agreement, or permit substitution, or provide for changes in the work in accordance with other provisions of this Agreement. Substituted materials, or changes in the work, or both, shall be ordered in writing by City Engineer, and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or
b. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days' written notice to the other, terminate this Agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost‐plus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided the Contractor shall take all steps possible to minimize this obligation; or c. City Council, by resolution, may suspend this Agreement until the cause of inability to perform is removed but for a period of not to exceed sixty (60) days.
If this Agreement is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Agreement may have been suspended, as hereinabove provided, City Council may further suspend this Agreement, or either party hereto may, without incurring any liability, elect to declare this Agreement terminated upon the ground of impossibility of performance. In the event City declares this Agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Agreement rate for such portion of the Agreement as may have been performed, or
d. City may terminate this Agreement, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Agreement as may have been performed. Such termination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in 2025-09 – Hickman Water Consolidation Project
8 writing to Contractor, and this Agreement shall be terminated upon receipt by Contractor of such notice.
In the event of the termination provided in this sub‐paragraph (d), none of the covenants, conditions or provisions hereof shall apply to the work not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
26. Provisions Cumulative:
The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.
27. Notices:
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
CITY MANAGER, CITY OF WATERFORD, P. O. BOX 199, WATERFORD, CA 95386 Notices required to be given to Contractor shall be addressed as follows:
Mountain Cascade Inc.
555 Exchange Court
Livermore, CA 94550
Phone 925-373-8370
Fax -925-373-0940_______________________________________ ________________________________________
________________________________________
Notices required to be given sureties of Contractor shall be addressed as follows:
City of Waterford
101 E. Street
Waterford, Ca 95386
Phone 209-874-2328
Fax 209-874-9656
28. Interpretation:
As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
2025-09 – Hickman Water Consolidation Project
9 29. Anti-Trust Claims:
The Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning anti‐trust claims.
IN WITNESS WHEREOF, four identical counterparts of this Agreement, consisting of a total of 12 pages, each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. (Attach Contractor’s Notary CITY OF WATERFORD,
Seal Here) A MUNICIPAL CORPORATION
By:________________________________ By:_____________________________ Contractor Michael G. Pitcock, City Manager
Address: APPROVED AS TO FORM:
__________________________________ By: _____________________________ __________________________________ Corbett Browning, City Attorney Federal Tax ID # APPROVED AS TO SUFFICIENCY:
__________________________________ MCR ENGINEERING
OR
Social Security # By: _____________________________
__________________________________ Rob Marler, City Engineer ATTEST:
By: _____________________________
Patricia Krause, City Clerk
OPENED
3:00pm
COMPANY NAME / BIDDERS BOND
CONTACT NAME AMOUNT OF BID BOND COMPANY CITY/STATE/ZIP
MOUNTAIN CASCADE INC
PO BOX 5050 $ 796,885.00 LIBERTY MUTUAL MONTGOMERY
LIVERMORE CA 94550 INSURANCE COMPANY PENNSYLVANIA
WEST VALLEY CONSTRUCTION COMPANY INC
PO BOX 5639 $ 852,301.10 LIBERTY MUTUAL MONTGOMERY
SAN JOSE CA 95150 INSURANCE COMPANY PENNSYLVANIA
ROLFE CONSTRUCTION INC
3573 SOUTHERN PACIFIC AVE $ 857,702.00 TRAVELERS CASUALTY & SURETY HARTFORD ATWATER CA 95301 COMPANY OF AMERICA CONNETICUT
UNITED PAVEMENT MAINTENANCE INC
PO BOX 1017 $ 862,936.94 ATLANTIC SPECIALTY HENNEPIN
HUGHSON CA 95326 INSURANCE COMPANY MINNESOTA
MID CALL PIPELINE & UTILITIES INC
PO BOX 2406 $ 915,528.00 U.S. SPECIALTY LOS ANGELES
MERCED CA 95344 INSURANCE COMPANY CALIFORNIA
GARNEY PACIFIC INC
17510 W BETHANY RD $ 973,169.00 THE CONTINENTAL MINNEHAHA TRACY CA 95391 INSURANCE COMPANY SOUTH DAKOTA
TAYLOR BACKHOE SERVICE INC
1605 E GERARD AVE $ 976,928.87 THE OHIO MONTGOMERY
MERCED CA 95341 CASUALTY INSURANCE COMPANY PENNSYLVANIA
MACHADO & SONS CONSTRUCTION INC
1000 S KILROY RD $ 1,153,999.00 CONTRACTORS BONDING CUYAHOGA TRACY CA 95380 AND INSURANCE COMPANY PENNSYLVANIA
LAWRENCE BACKHOE SERVICE INC
2985 A ST - CASTLE AIRPORT $ 1,395,046.00 THE OHIO MONTGOMERY ATWATER CA 95301 CASUALTY INSURANCE COMPANY PENNSYLVANIA
SIERRA COMMUNICATIONS & CONSTRUCTION INC
PO BOX 308 $ 1,698,327.95 MERCHANTS DALLAS
CATHEYS VALLEY CA 95306 BONDING COMPANY IOWA
BID SHEET OPENING LOG
2025-09 - Hickman Water Consolidation Project
BID OPENING: October 22, 2025 @ 3pm
Informational Items 8
November 6, 2025
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Informational Items.
SUMMARY:
Items included in this section provide City Council with updates on business not requiring a full report.
FISCAL IMPACT:
N/A
ANALYSIS:
All items under this category are considered for informational purpose only.
ENVIRONMENTAL REVIEW:
N/A
ALTERNATIVES:
N/A
ATTACHMENTS:
8a: City Project List
8b: MyWaterford Report
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (Caltrans) Michael Pitcock Lonnie Statzer High $6,000,000 (SHOPP) Complete
F Street Overlay Michael Pitcock
Lonnie Statzer High $1,500,000 (Measure L) Complete
F Street Improvements at Western Michael Pitcock
Lonnie Statzer High $300,000 (STBG and CMAQ) Complete
Dorsey, Pecan and Western Pedestrian and Roadway Improvements Michael Pitcock Lonnie Statzer High $300,000 (CDBG) Complete
Yosemite Pedestrian Improvements Reinway to Eucalyptus Michael Pitcock Lonnie Statzer High $946,000 (ATP) In Construction
Yosemite at Pasadena Signal Improvements Michael Pitcock Lonnie Statzer High $600,000 (CMAQ) In Construction
Skyline Road Improvements Michael Pitcock
Lonnie Statzer High $450,000 (STBG) Complete
E Street Improvements Michael Pitcock
Lonnie Statzer High $600,000 (SB1) In Construction
G Street Improvements Michael Pitcock
Lonnie Statzer High $600,000 (CDBG) In Construction
Measure L Cape Seal Project Michael Pitcock
Lonnie Statzer High $960,000 (Measure L In Construction Tim Bell Pedestrian Improvements Michael Pitcock
Lonnie Statzer High $1,993,000 (ATP) Grant was approved/awarded to Waterford Housing Development
Name Owner Priority Estimated Cost Update
Bentley Estates Michael Pitcock High NA Property was listed for sale.
Reinway North of Moon School Annexation Michael Pitcock High NA Application received. The developer is looking at a potential 95 homes
Waterstone A Michael Pitcock High NA Final Map for 27 Single Family Homes Approved. Homes in Construction
City Projects
Waterstone C Michael Pitcock High NA
Tentative Map Approve for 52 Single Family
Homes. Public Improvements are in
Construction
Waterstone D Michael Pitcock High NA Tentative Map Application received for 37 Single Family Homes
Waterstone E Michael Pitcock High NA In Discussions with Developer Moe Jawad Michael Pitcock High NA Tentative Map for 53 Single Family Homes Approved
Lake Pointe Michael Pitcock High NA Application for Phase 1 received. The developer is looking at a potential 217 homes
Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Fuel Station Michael Pitcock High N/A Complete E Street Public Storage Michael Pitcock High N/A In Construction Facilities / Property
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Varies Ongoing Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A Complete Council Chambers Equipment Upgrade Patricia Krause High $52,000 Complete Public Safety
Name Owner Priority Estimated Cost Update
License Plate Reader Program Michael Pitcock High
$10,000 up front and $3,300
monthly for maintenance and
monitoring.
Complete
Utilities
Name Owner Priority Estimated Cost Update
Water Rate Study Lonnie Statzer
Tina Envia High $40,000 In Progress
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant
Michael Pitcock
Lonnie Statzer High $500,000 Unfunded Completed
Water System Consolidation - Hickman Michael Pitcock
Lonnie Statzer High $3,000,000 Unfunded City was approved for a loan up to $1.5 million. Project currently out to bid.
Biosolids Removal 2024 Michael Pitcock
Lonnie Statzer High $250,000 Complete
Drying Bed Monitoring Well Michael Pitcock
Lonnie Statzer High $50,000 Complete
Tim Bell Water and Sewer Extension to Vineyard Michael Pitcock Lonnie Statzer High $2,500,000 (ARPA) Complete
WWTP Road Repair Michael Pitcock
Lonnie Statzer High $1,100,000 (FEMA) Complete
Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Lonnie Statzer Low Unknown Application Submitted S. Reinway Sports Complex Lonnie Statzer Low Unfunded On hold (No Funding) Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $250,000 Grant and Park Impact Fees Complete
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer Low $1,000,000 Million Unfunded Grant Denied. Waiting to see if another cycle to apply is available.
Tennis (Pickle Ball) Court Remodel Lonnie Statzer High $200,000 Budgeted Bids received. Award scheduled for 10/2/25 Community Center Remodel Michael Pitcock
Lonnie Statzer High $800,000 (General Fund) Complete
Other Projects
Name Owner Priority Estimated Cost Update
Adding Cameras at Community Center Lonnie Statzer High Undetermined at this time Complete Request # Topic Status Date Entered Description
352 Water - Other Issue Closed 9/25/2025
Customer called in complaining of high billing. Meter #34683478 - went from 26 units to 40 unit. Please check for correct reading and leaks and advise customer. (209)874-2801 Name on the account Hector Garlardo. Thank You
353 Water - Other Issue Closed 9/25/2025
Can you guys check this meter read again. Sorry, her usage went from 5 units to 158. I want to verify if it was a misread, leak or just due to reads being estimated low. Her meter couldn't be found for a few months. Thank you!
354 Water - Other Issue Closed 9/26/2025
Please verify meter read. Customer says his usage went up a lot, says he has no leak. May also be due to his meter not being found for about 3 months and then found this month. Thank you!
355 Other Closed 9/26/2025
Citizen complained that resident is parking vehicles perpendicular on the street and that they are buidling something in the backyard (Permit??)
356 Water - Other Issue Closed 9/26/2025
Customer called: her usage went from 20 units to 225. Please confirm meter read, leak indicator. Thank you!
357 Water - Other Issue Closed 9/29/2025
Customer came into lobby complaining his meter box has water in it.
Meter#19167061 Customer name Jose Jimenez (209)874-2727 358 Water - Other Issue Closed 9/29/2025 Please check meter for any leaks, bill is high again per customer. 359 Facility / Park Maintenance Closed 9/30/2025 mow grass under batting cages 360 Water leaks Closed 9/30/2025
Customer came in and said there has been water coming up from the street for a while now, says its green and slimy.
361 Other Closed 9/30/2025
Customer came in and said his neighbors across the street have been parking in front of his driveway and the mailbox for the street even though the curb has been painted red.
362 Traffic Closed 10/1/2025
resident called and was concerned about the construction on Yosemite and the corner of Eucalyptus, states its hard to see anything when pulling out from Eucalyptus because the trucks are blocking the vision and someone has already been hit because of this. 363 Water - Other Issue Closed 10/3/2025
PLEASE VERIFY METER READ. USAGE IS VERY DIFFERENT SOME
MONTHS. THANK YOU!
364 Water leaks Closed 10/3/2025
Resident called to report a leak at her meter. Please verify if it is on City or resident side. Customer's contact info: (209)484-7428 Jessica 365 Street lighting (Metal Poles) Open 10/3/2025 street lights is out 366 Overgrown Weeds Closed 10/4/2025 tree branches blocking sidewalk 367 Park Rentals (staff) Closed 10/6/2025 entered by Samuel Lee 368 Street repair Closed 10/6/2025 remove red curb where bus stop used to be. 369 Water - Other Issue Closed 10/6/2025
Customers states the water is not running at this address, could you make sure its good on our side please. David Methzen (209) 330-3054 370 Community Center Rentals Closed 10/6/2025 ENTERED BY SAMUEL LEE 371 Community Center Rentals Closed 10/6/2025 ENTERED BY SAMUEL LEE 372 Street trees Closed 10/6/2025 Tree branches make it difficult to turn onto F Street from Bonnie Brae 373 Street trees Closed 10/6/2025 Please trim tree up to improve visibility from Blarney to F street. 374 Water leaks Closed 10/7/2025
There is another leak in the same area of repair done on 10/06/25.
Leak coming up from pavement area and flooding into gutter. Bill - (209)985-8361
375 Community Center Rentals Closed 10/7/2025 ENTERED BY SAMUEL LEE 376 Other Open 10/8/2025
this issue is at 12116 Kadota Avenue in Waterford. it was reported by Neil Povio 209-918-4266 - neglected pool with mosquito issues. 377 Water leaks Closed 10/9/2025
Paul with Joslin Real Estate called in and said the christy box west of his building in the alley way is leaking. (209)872-0026 378 Water leaks Closed 10/9/2025
Paul with Joslin Real Estate called in and said the christy box west of his building in the alley way is leaking. (209)872-0026 379 Water leaks Open 10/9/2025
MR. LARRY DIAZ (510)695-7275 CALLED TO REPORT A LEAK IN THE ALLEY OF THE ABOVE ADDRESS. THANK YOU!
380 Facility / Park Maintenance Closed 10/10/2025
the bathrooms need to be cleaned extremely the bathroom are gross and needs improvements
381 Facility / Park Maintenance Closed 10/10/2025 large dog side water fountain fills out bowls reach 382 Water leaks Closed 10/11/2025 water leak at this address - street 383 Community Center Rentals Closed 10/13/2025
Bianca and her group will be meeting every Wednesday available for the rest of the year. Samuel Lee
384 Water - Other Issue Closed 10/14/2025
CUSTOMER CAME IN AND ASKED IF THE TEMPORARY CUTBACK DONE
TO REPAIR THE WATER LEAK WOULD BE FILLED BACK IN, HE
MENTIONED IT WAS SINKING IN A BIT
385 Storm drains Closed 10/14/2025
Customer called and said the storm drain is backed up and the rain is flooding his front yard and the street.
386 Water - Other Issue Closed 10/14/2025
Debbie/Resident (209)874-3726 called to report the Post Office truck is stuck in a hole at the meter box. She says water dept repaired a pipe, dug up and repaired area months ago. Is asking if we can go take the PO truck out. I let her know that is not something we do. Spoke with Lonnie; advise customer to have Post Office contact a tow truck. Water Dept will need to make sure there was no damage to water meter. 387 Street lighting (Metal Poles) Open 10/14/2025
Street light at the corner of my house and the walkway to the park is out
388 Street lighting (Metal Poles) Open 10/15/2025
Resident Frank (209)484-4170 called to report a street light out at the corner of Brigadoon and Flora. Says it is really dark out there. 389 Water - Other Issue Closed 10/15/2025
Customer called and stated the road repair that was done previously is sinking in and needs to be filled back in or replaced.
390 Other Closed 10/16/2025 Barbed wire strewn all over the sidewalk. very hazardous 391 Street lighting (Metal Poles) Open 10/17/2025
Resident claimed that there are street lights out at end of D st, corner of La Gallina and Summers St
392 Water - Other Issue Closed 10/20/2025
Customer states there was a meter dug out in the yard by his house and the hole was not filled back in or covered. He is just concerned because kids from the school walk through there and he does not want them to get hurt.
393 Water - Other Issue Closed 10/21/2025
Customer called in complaining her billing was high. Please go and check meter for leakage and advise customer. Maria Phillips (209)988- 1204 Meter#241622522
394 Water leaks Closed 10/21/2025
Customer called in saying there is a leak in the roadway in front of his house it's now causing water to run in the gutter and puddle up. Manuel (209)531-6097
395 Water - Other Issue Closed 10/21/2025
Customer called in and said where we did pipeline work in the past the area is sinking. Its in the dirt median next to the roadway. Dayna (209)818-9813
396 Facility / Park Maintenance Closed 10/22/2025
community member said lights don’t turn on at night at brethren park. can staff go check the lights, please?
397 Water - Other Issue Closed 10/22/2025
Customer called and said the water pressure had been acting weird since the water was shut off and back on, can you guys check it out for any leaks. customer # (209) 853-5062
398 Street lighting (Metal Poles) Open 10/22/2025
Customer called in and said the light at the intersection of S Reinway & Washington Rd stays on 24/7. He said he called in several times. I explained our boom truck has been down and we would put it on the list. Francisco Anjos (209)484-4170
399 Water - Other Issue Closed 10/22/2025
Resident feels her usage was too high. Please check for leaks and meter read. Gloria (209)241-7347 Spanish - I can call her back. Thank you!
400 Water - Other Issue Closed 10/22/2025
Customer called in and said there has been water coming up from the road in front of the apartments on Timbell Road.
401 Water leaks Closed 10/22/2025
Customer called and is wondering why their consumption made such a huge jump this month, could you check for a possible leak or if the meter may have been read incorrectly. Thank you. Customer # (605) 842-5987
402 Water - Other Issue Closed 10/22/2025
Customer called in complaining about his bill. His usage is up 13 units so could someone please go check meter for leak. Please call customer if leak found. Thank you. Mike (209)402-6656
Meter#230408192
403 Water leaks Closed 10/22/2025
customer called and was concerned about a high consumption on her water bill, could you please check for any possible leaks. Thank you. 404 Water - Other Issue Closed 10/22/2025
Please check meter for any leaks. Resident says bill is high - only change is usage. I will call Mr. Ruben Martinez back (209)214-1112 Spanish. Thank you!
405 Street repair Open 10/22/2025
The canal bridge on Oakdale Waterford highway is such a rough patch it causes a lot of noise from traffic at ALL hours and is a huge nuisance.
The diesel trucks with trailers are terribly loud and wake my household throughout the night, every night. Can this be fixed?
406 Water leaks Closed 10/23/2025
Customer usage extremely high. Please check meter for leakage and advise customer. Meter#44105339 Customer Name: Roberta Gray (209)605-3175
407 Water - Other Issue Closed 10/23/2025
Customer called in bill is high this month. Meter shows usage up 11 units. Could someone please go check meter for leakage and advise customer. Meter#16320971 Customer Name: Lori (209)606-1867 Thank you
408 Water - Other Issue Closed 10/23/2025
Could you make sure there are no leaks on our side, the customer thought the consumption was too high.
409 Water - Other Issue Open 10/23/2025
customer called and noticed the consumption made a huge jump, can you guys go out and check out the meter. may be a dog on the property. customer # (209) 857-1253
410 Water - Other Issue Open 10/24/2025
Please check meter for leaks. Customer came in; his usage doubled in one month. Enrique (209)232-9270. Thank you!
411 Water - Other Issue Closed 10/24/2025
Please check meter for leaks and correct meter read. Customer came in due to his bill being higher than usual - the only change was water usage. He says he does not have any leaks that he knows of. Thank you!
412 Water - Other Issue Closed 10/24/2025
Customer Russell (209)985-9357 called about his bill being higher than usual - only change is water usage. Please check for leaks and current meter read. I can call him back with results. Thank you! 413 Water - Other Issue Closed 10/24/2025
Resident called concerned about his water usage. Please check meter for leaks, he said he may have a water heater leak. Robert at (209)681- 8339. He will be back from out of town on 10/31. Thank you!