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RES 20-21-LCU015 ALL SIGNED LAS CRUCES UTILITIES BOARD RESOLUTION NO. 20-21-LCUOIS A RESOLUTION AUTHORIZING LAS CRUCES UTILITIES STAFF TO MAKE ADMINISTRATIVE REVISIONS TO THE LAS CRUCES UTILITIES WATER RATE TARIFF, TO MEET AMERICANS WITH DISABILITIES ACT REQUIREMENTS. The Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces, is informed that: WHEREAS, on November 8, 2018, the Las Cruces Utilities ("LCU") Board of Commissioners ("Board") approved Resolution No. 18-19-LCU012, which authorized the implementation of the new rates and the tariffs. The Utilities Water Rate Tariff was approved for the three-year phased-in option with the effective dates for that year, that went into effect on December 1, 2018, December 1, 2019, and will go into effect on December 1, 2020; and WHEREAS, LCU recommends approval and authorization to make administrative revisions to the document structure to the Utilities Water Rate Tariff. This revision is needed to meet Americans with Disabilities Act requirements for posting on the City of Las Cruces website; and WHEREAS, LCU staff is recommending the LCU Board approve the implementation of the revised Utilities Water Rate Tariff as attached in Exhibit "A"; and WHEREAS, the Utilities Water Rate Tariff will be effective on December 1, 2020. NOW, THEREFORE, Be it Resolved by the Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces: M THAT the proposed Utilities Water Rate Tariff, attached hereto as Exhibit "A", LCU FY20 06/20 Rev. 4 LCU Board Resolution No. 20-21-LCU015 Page 2 of 2 "A", and made part of this Resolution is hereby accepted and approved. (II) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this 12th day of November 2020. APPROVED: By Board Chair ATTEST: Secretary VOTE: Chair Little: Moved by Vice-Chair Archuleta: Commissioner Bencomo: Seconded by Commissioner Carmichael: Commissioner Hardee: Commissioner Johnson: Commissioner Sorg: APPROVED AS TO FORM: Sr. Assists t City Attorney LCU FY20 06/20 Rev. 4 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2018 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER TABLE OF CONTENTS Residential Service--------------------------------------------------------------------------------Sheet NV-2021.1 (Page 2) Small Commercial Service ---Sheet W-2021.1 (Page 3) ----------------------------------------------------------------- Large Commercial Service--------------------------------------------------------------------Sheet W-2021.1 (Page 4) Large Multi-Unit Service Sheet W-2021.1 (Page 5) Industrial Service----------------------------------------------------------------------------- -----Sheet W-2021.1 (Page 6) Paz Well Municipal Parks Irrigation—Non-Potable---------------------------Sheet W-2021.1 (Page 7) Bulk Water Service—Hydrant Metered-----------------------------------------------Sheet W-2021.1 (Page 8) Parks/Golf Courses/Large Community Spaces-_----_----------------------------Sheet W-2021.1 (Page 9) Interruptible Time of Use------ ---------------------------------------------------------------Sheet W-2021.1 (Pages 10-11) Reclaimed Water Service......................................................................Sheet W-2021.1 (Page 12) Landscape Meter------------------------------------------------------------------------------------Sheet W-2021.1 (Page 13) Connection Charges-------------------------------------------------------------------------------Sheet W-2021.4 (Page 14-15) Litigation Cost Recovery Rate Rider....................................................Sheet W-2021.1 (Page 16) Development Rate Rider.......................................................................Sheet W-2021.1 (Page 17) Temporary Lease of Groundwater- Rights--------------------------------------------Sheet W-2021.1 (Pages 18-19) Water Rights-------------------------------------------------------------------------------------------Sheet W-2021-17 (Page 20) Water Outside City Service Area Surcharge........................................Sheet W-2021-18 (Page 21) Page 1 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER _ RESIDENTIAL SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for the exclusive use of a single metered family residence for domestic purposes. Service to buildings attached to the residence, including garages and other minor buildings for the use of the residents, may also be through the residential meter. Service to a residence,which is used in part for commercial purposes but predominantly for residential purposes, shall be served under this rate schedule. Landscape water meter available per Landscape Meter schedule terms and conditions. RATE The Bills are the sum of: Domestic Meter Access Charge Per month $13.60 ------------------------------------------------------------------------------------------------------------ The first 3,000 gallons of consumption are included in the monthly access charge. Volume Charge 3,001 — 13,000 gallons--- -------------------- ----------- ...........................................$2.85 13,001 —23,000 gallons----------------- - ----------------- ---------------------------------$3.73 Over23,000 gallons-------------------------------------------------------------------------------------------$5.23 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 2 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER SMALL COMMERCIAL SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for any establishment engaged in the operation of a business, or institution, whether or not for profit. Such enterprises shall include, but not be limited to, clubs, hotels, motels, schools, hospitals, multi-unit complexes, churches, and municipal, county, state and federal bill Idings. This rate applies to such customers whose consumption is less than 50,000 gallons for three or more of the twelve months of the rate classification review period. The rate classification is a period of twelve consecutive billing months that Las Cruces Utilities will review annually to determine the customer's appropriate rate classification. A customer's rate classification will not be changed in the absence of at least twelve consecutive months of billing history. Landscape water meter available per Landscape N leter schedule terms and conditions. RATE The bills are the sum of. Access Charge Per month $15.75 Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$1.99 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 3 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER LARGE COMMERCIAL SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for any establishment engaged in the operation of a business, or institution, whether or not for profit. Such enterprises shall include, but not be limited to, clubs, hotels, motels, schools, hospitals, multi-unit complexes, churches, and municipal, county, state and federal buildings. This rate applies to customers whose consumption equals or exceeds 50,000 gallons within the billing cycle during at least ten months of the twelve months within the rate classification review period. Customers whose usage is equal to or greater than 1.250.000 gallons within any month of the twelve month review period shall receive service under the Industrial schedule unless the customer can demonstrate to the satisfaction of Customer Service that the measured usage was the result of a nonrecurring circumstance. The rate classification is a period of twelve consecutive billing months that Las Cruces Utilities will review annually to determine the customer's appropriate rate classification. A customer's rate classification will not be changed in the absence of at least twelve consecutive months of billing history. Landscape water meter available per Landscape Meter schedule terms and conditions. RATE The bills are the sum of: Access Charge Per month $37.00 Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$2.24 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 4 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 20208 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER LARGE MULTI-UNIT SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for the exclusive use of multiple dwelling, master metered, residential units such as apartment complexes,townhomes, and mobile home parks, for domestic purposes. This rate applies to customers whose consumption equals or exceeds 50,000 gallons within the billing cycle during at least ten months of the twelve months within the rate classification review period. Customers whose usage is equal to or greater than 1,250,000 gallons within any month of the twelve month review period shall receive service under the Industrial schedule unless the customer can demonstrate to the satisfaction of Customer Central that the measured usage was the result of a nonrecurring circumstance. The rate classification is a period of twelve consecutive billing months that Las Cruces Utilities will review annually to determine the customer's appropriate rate classification. A customer's rate classification will not be changed in the absence of at least twelve consecutive months of billing history. Landscape water meter available per Landscape TN Teter schedule terms and conditions. RATE The bills are the sum of-. Access Charge Per month $37.00 ------------------------------------------------------------------ Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$2.24 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure I-or calculating the volume charge shall be 1,000 gallons. Page 5 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER INDUSTRIAL AVAILABILITY Available in the Las Cruces Utilities water service area for any establishment engaged in the operation of a business, or institution, whether or not for profit. Such enterprises will include, but not be limited to, industrial installations, schools, hotels, motels, multi- unit complexes, and municipal, county, state and federal buildings. This rate applies to such customers whose consumption within the billing cycle equals or exceeds 1,250,000 gallons within any month of the twelve-month rate class review period. The rate classification is a period of twelve consecutive billing months that Las Cruces utilities will review annually to determine the customer's appropriate rate classification. A customer-s rate classification will not be changed in the absence of at least twelve consecutive months of billing history. Landscape water meter available per Landscape Meter schedule terms and conditions. RATE The bills are the sum of- Access Charge Per month ---------------------------------------------$1,000.00 --------------------------------------------------------------- Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$1.79 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 6 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER PAZ WELL MUNICIPAL PARKS IRRIGATION —NON-POTABLE AVAILABILITY Available in the Las Cruces Utilities water service area for any niunicipally owned parks where non- potable water wells are located and used for the purpose of landscape in-igation. RATE The bills are the sum of- Access Charge Per month $46.59 ------------------------------------------------------------------------------------------------------------ Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$2.15 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 7 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution No. 20-21-LCU015 WATER _ BULK WATER-HYDRANT METERED AVAILABILITY Available in the Las Cruces Utilities water service area for use in connection with the construction, alteration or repair of buildings or other similar activities requiring temporary service through hydrant meters. To protect the water system from contamination,a backflow device(reduced pressure principle assembly) shall be required to be installed on the hydrant meter. The backflow device shall be provided by Las Cruces Utilities. Testing of the backflow device shall be procured by the customer from Las Cruces Utilities or a certified backflow device testing provider that is accepted and recognized by the City of Las Cruces Pollution Prevention Program. Customer is responsible for any stolen or lost meter and/or backflow device and a separate charge will be imposed on customer for each stolen, lost, or relocated bulk water meter and/or backflow device. RATE The bills are the sum of: Access Charge Per month $23.50 ------------------------------------------------------------------------------------------------------------ Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$3.32 Bulk Hydrant Meter Service -Activation or Relocation Charge Per new service set-up or relocation of hydrant meter____________________ $150.00 Backflow Device Fee $50.00 Stolen or Lost Equipment Charge Charge per meter and.%or backflow device that is stolen or lost HydrantMeter--------------------------------------------------------------------------------------------------- $600.00 Backflow Device $150.00 ------------------------------------------------------------------------------------------------ Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 8 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER PARKS/GOLF COURSES/LARGE COMMUNITY SPACES AVAILABILITY Available in the Las Cruces Utilities water service area for parks, golf courses. and large community spaces for the purpose of irrigation. All other related uses will be billed as per the appropriate Commercial rates. RATE The bills are the sum of- Access Charge Per month $88.14 Volume Charge Per 1,000 gallons----------------------------------- --------------------------------------------$3.04 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 9 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER INTERRUPTIBLE TIME OF USE AVAILABILITY Available in the Las Cruces Utilities (LCU) water service area for golf courses, parks, and large community space for the purpose of irrigation. This will only apply to golf courses having ponding facilities to meet interruption of service events, and parks and large communi t1, spaces that will meet the operational demands of the utility. Metering will be installed to measure use by time-of-day during on-peak(6:00 a.m. to 6:00 p.m.) and off- peak (6:00 p.m. to 6:00 a.m.) hours. The Off-Peak rate will apply to water used during off-peak period (6:00 p.m. to 6:00 a.m.)or any alternate period determined by the utility.All other water use not measured during the off-peak period will be billed at the On-Peak rate. Service under this schedule shall be subject to interruption as determined by the Utilities Director or designee in response to system operational needs. The customer must cease water consumption upon notification to interrupt service. Customers shall receive notification from the Utilities Director or designee when an interruption of service event has been terminated and consumption of water can be resumed. A single interruption of service notification by LCU shall not exceed ten continuous hours in duration. A customer's failure to cease water consumption upon notification or during an interruption of service event shall be deemed as a non-compliance event. Customers who fail to comply with interruption of service notification will be billed at the On-Peak rate for service taken during the interruption period and will be subject to a penalty as set forth below. The Utilities Director or designee has the option to cancel service under this schedule when a customer fails to comply with interruption of service notification. A condition of service under this schedule is signing a contract to include designation of a person responsible for ceasing water consumption. RATE The bills are the sum of Golf Courses/Parks/Large Community Space Access Charge Per month $82.00 ------------------------------------------------------------------------------------------------------------ Volume Charge On-Peak Rate Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$4.32 Page 10 of 21 EXHIBIT "A" Off-Peak Rate Volume Charge Per 1,000 gallons................. ................................................. ...$1.44 Non-Compliance Penalty Penalty for each non-compliance event...................................35%of Total Bill for billing cycle Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authotity and are not included in Cost of Service rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1.000 gallons. Page 11 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER RECLAIMED WATER SERVICE AVAILABILITY Available in the Las Cruces Utilities reclaimed water service area for the exclusive use of golf courses, parks,medians,large community space,construction,irrigation,non-potable purposes,or other authorized use through regulations. The customer must execute a reclaimed water use agreement. RATE The bills are the sum of: Access Charge Per month $22.43 ---------------------------------------------------------------- Volume Charge Per1,000 gallons------------------------------------------------------ ----- -----------------------------------$0.83 Stolen or Lost Equipment Charge Charge per meter that is stolen or lost HydrantMeter--------------------------------------------------------------------------------------------------- $600.00 Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 12 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER LANDSCAPE METER AVAILABILITY Available in the Las Cruces Utilities service area to Residential, Commercial, and Industrial customers who already have a domestic water service for landscape irrigation purposes. The applicable Access and Volume Charges will be billed pursuant to the service schedule determined by the rate classification review process conducted annually to determine the appropriate rate classification. Customers requesting landscape metering shall contact New Connections section to review requirements and all expenses associated with the installation. RATE The bills are the sum of: Access Charge Per month ___________________ _____ _50% of applicable Access Charge Volume Charge Per 1,000 gallons.......................................................................Applicable rate Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculatinv the volume charge shall be 1,000 gallons. Page 13 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER CONNECTION CHARGES Service Pavement Line Cut NALlin Mainline Line Service Meter Additional Pavement (Over Line Water Size Line Charge Feet Manifold Cut 25') F.xaension Size Tap Fee 1/," $1,020 $187 $20 $100 $750 $30 $40 F $1,020 $246 $20 $100 $750 S 30 $40 1 %/" $1,160 $408 $20 $100 $750 $30 $40 2" $1,360 $627 $20 $100 $750 $30 $40 3" $1,340 $1,644 $20 $100 5750 S30 $40 4" $1,340 $2,317 1 $25 $100 $750 $30 $50 4" $1,245 6" $1,590 $2,614 $25 $100 $750 $30 $50 6" $1,245 Based on 8" Cost *Special metering equipment required to serve a customer, including time of use meters, may cost more than the amounts set forth on this schedule.In such cases,the customer will be responsible for the actual cost of meter installation, including the meter itself, any other equipment or facilities, labor taxes, etc. Meter Relocation Charge: Same applicable charge or charges as a new connection. $150 Unable to Connect Service Charge This charge shall be made when Las Cruces Utilities (LCU) is notified by the customer or customer's representative that the service site is ready for service and connection and utility personnel have been scheduled to physically connect service,but are unable to connect the service due to, among other things, work site obstructions or incomplete service installation necessary for the utility to perform the necessary and appropriate connection. TERMS AND CONDITIONS FOR NEW WATER SERVICE CONNECTION When a permit for new construction is requested, this initiates the service connection process for water services. A Work Order for a new water connection shall not be scheduled until all pertinent impact fees as defined in the Development Impact Fee schedule and connection fees are paid. Fees are paid when a utility account is established with LCU Customer Service. The new connection for the residential construction site will be coordinated by LCU New Connection personnel and establish the final location of the water meter. Page 14 of 21 EXHIBIT "A" New residential construction sites that are found connected to the water system without establishing a utility account and bypassing payment of fees and charges for new connection, shall be deemed as theft of service and illegally connected to the water system. Per Las Cruces Municipal Code 28-6, the City shall have the right to disconnect or refuse to connect or reconnect any utility service where there is evidence that theft of utility service i.e. water connection)has occurred. LCU shall immediately disconnect water services and assess the customer or customer's representative an assessment of $500.00 per instance of illegal connection. The illegal connection assessment shall be paid in full plus any and all unpaid fees and charges for new connection services and the establishment of a utility account. Page 15 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER LITIGATION COST RECOVERY RATE RIDER APPLICABILTY All water service with the exception of Bulk Water-Hydrant Metered and Reclaimed Water Service sales provided by Las Cruces Utilities shall be subject to the terms of this rider schedule. Additionally, the periodic review and calculation of this rider charge will also exclude Bulk Water - Hydrant Metered and Reclaimed Water Service sales volumes. LITIGATION COST RECOVERY RATE RIDER(LCRR) Applicable Litigation Cost Recovery Rate Rider established by order of the Las Cruces Utilities Board. The LCRR shall enable Las Cruces Utilities to recover or refund litigation expenses exceeding or falling below the level approved in LCUB Case No. 2009-001 (W) and defined as the Baseline Litigation Costs (BLC). A recovery or refund shall be based on the positive or negative difference between the latest fiscal year litigation expenditures and the BLC. The recovery or refund factor shall be calculated based on the total water consumption for the reconciled fiscal year and shall be reflected on customer bills as a charge in dollars and/or cents per 1,000 gallons billed. Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculatin-the volume charge shall be 1,000 gallons. Page 16 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER DEVELOPMENT RATE RIDER APPLICABILTY All water service with the exception of Bulk Water-Hydrant Metered and Reclaimed Water Service sales provided by Las Cruces Utilities shall be subject to the terms or this rider schedule. Additionally, the periodic review and calculation of this rider charge will also exclude Bulk Water - Hydrant Metered and Reclaimed Water Service sales volumes. DEVELOPMENT RATE RIDER(DRR) Applicable Development Rate Rider established by order of the Utilities Board enabling Las Cruces Utilities to recover or refund Development expenses for whicli ratepayers are responsible exceeding those expenses not included in base rate charges. The recovery or refund factor shall be calculated based on the total water consumption for the reconciled fiscal year and shall be reflected on customer bills as a charge in dollars and/or cents per 1,000 gallons billed. Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 17 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER TEMPORARY LEASE OF GROUNDWATER RIGHTS APPLICABILITY For the purpose of leasing water rights owned by the City of Las truces and p;irstiant to NMSA 1978, § 72-6-3 (2003)allows the owner of a water right to lease all or any portion "of the water use due him under his water right, and the owner's water right shall not be affected by the lease of the use." A Lessee contracting with the City of Las Cruces to temporai-11y lease water rights shall file an application with the Office of the State Engineer (OSE) to temporarily expand the place of use, purpose of use, and point of diversion of some of the City's groundwater right, subject to aLithorization from the Office of the State Engineer and in compliance with NMSA 1978, § 72-6-3 et al. (2003). The Lessee shall pay the City for the lease of water rights pursuant to the Temporary Lease of Groundwater Rights tariff based on water usage recorded by a water meter approved by the OSE. The Lessee will supply the City with the initial meter reading associated with the initial pumping of the leased water use. The lessee will also supply the City with a copy of the monthly well pumpage report submitted to the OSE, which the City will use for billing purposes. The City shall prepare an invoice based on said report and will submit it to lessee pursuant to normal business practices for billing. All payments due hereunder may be made by check, cashier's check, wire or electronic funds transfer. Payments will be made to the City within fifteen days of receipt of the invoices. The City reserves the right to inspect the meter installation and operation in coordination with the lessee. The Lessee shall pay all costs associated with the Application before the OSE ("the Application") for the temporary transfer of the City's %ater rights to accomplish this lease transaction. The Lessee shall be represented by its own attorney in all matters concerning the Application. The Lessee will pay all costs incurred in filing the Application and in defending any protest to the Lessee's Application,or in otherwise prosecuting the Application. The Lessee shall pay all administrative and legal costs incurred by the City as a result of the filing of the Application. A condition of service under this tariff requires an executed Temporary Lease of Groundwater Rights Agreement between the Lessee and the City of Las Cruces which shall define all the terms and conditions of the lease. Service under the tariff schedule requires Resolution approval by the Board of Commissioner for the City of Las Cruces Utilities. RATE The bills are the sum of Processing Charge Per month----------------------------------------------------------100% of applicable Bulk Water Access Charge Page 18 of 21 EXHIBIT "A" Volume Charge Per 1,000 gallons____ ................................... .....40% of applicable Water Bulk Water Volume Charge Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons Page 19 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER WATER RIGHTS APPLICABILITY All water services provided by Las Cruces Utilities shall be subject to germs of this fee schedule, except bulk and reclaimed water meter sales. RATE The bills are the sum of-. Volume Charge Per1,000 gallons------------------------------------------------------------------------------------------------$0.11 Tax Applicable Tax assessed by a Governmental Authority and are not included in Cost of Service Rates. Not subject to Franchise Fee. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 gallons. Page 20 of 21 EXHIBIT "A" LAS CRUCES UTILITIES Sheet Number: W-2021.1 Approval Date: November 12, 2020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 20-21-LCU015 WATER OUTSIDE CITY SERVICE AREA SURCHARGE APPLICABILITY Applicable to all customers with a backup meter who are outside the Las Cruces Utilities service area. RATE Outside City Service Area Charge Surcharge on access and volume charges, before franchise tee and governmental gross receipts tax 35.8% Page 21 of 21 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Numbe Approval Date: Nov,_nber ;'2, 2018 Effective Billing Date: Dece, ',er i, 2020 LCUB Resolution No-.umber: 18 19 r C mt220-21-LCU015 WATER TABLE OF CONTENTS Residential Service Sig. ,+ W2.021--2.1 (Page 4-2) --------------------------------------------------------------------------------- Small Commercial Service____________________________________________________________________ — Jhee+ W-2021-3.1 (Page 4-3) Large Commercial Service _ S..eet W-2021.1-4(Page 44) Large Multi-Unit Service______________________________________________________________________ Sheet W-2021-5.1 (Page 45) Industrial Service ...... Sheet W-2021-6.1 (Page 4-0 Paz Well Municipal Parks Irrigation-Non-Potable_ _______ ____________ Sheet W-2021.1--7(Page 4-7) Bulk Water Service-Hydrant Metered___________________________________________ Sheet W-20214.1 (Page 4-8) Parks/Golf Courses/Large Community Spacc _____ ________________________ Sheet W-2021-9.1 (Page 94) Interruptible Time of Use____________________________ ____ ------------------------ Sheet W-20214-0.1 (Pages 4- 210-11) Reclaimed Water Service______________________________________________________________________ Sheet W-202144.1 (Page 1� Landscape Meter______________________ _____ Sheet W-20214-2.1 (Page 13) Connection Charges______________ ________ --------------------------------------------------- Sheet W-2021--3.4(Page 14- 15) Litigation Cost Recc -ry h. Rider____________________________________________________ Sheet W-2021-4-4.1 (Page 10 Development Rs . Rider_______________________________________________________________________ Sheet W-2021--1-5.1 (Page 17) Temporary T se of Groandwater Rights____________________________________________ Sheet W-20214-6.1 (Pages 4- -218-19 Water k.,'1ts------------------------------------------------------------------------------------------- Sheet W-2021-17 (Page 4-2O) Water -)utside City Service Area Surcharge________________________________________ Sheet W-2021-18 (Page 214) Pagel of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No.umbe. Approval Date: Noven:'_�r 9 1_': _204520 Effective Billing Date: Dece.- 'per 1, 2020 LCUB Resolution No. 18 19 r G 41- Number: 20-21-�_CU015 WATER _ RESIDENTIAL SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for the exclusiv: use "'a s: igle metered family residence for domestic purposes. Service to buildings attached to the resid once, acluding garages and other minor buildings for the use of the residents, may also be throug the resid,-.itial meter. Service to a residence, which is used in part for commercial purposes but predominan, .,fo,:residential purposes, shall be served under this rate schedule. Landscape water meter available per Landscape Meter schedule tt_ -is and conditions. RATE The Bills are the sum of: Domestic Meter Access Charge Per month $13.60 The first 3,000 gallons of consumption are .lclua,,—in the monthly access charge. Volume Charge 3,001 — 13,000 gallons--------------- -------- ----------------------------------------------------------- $2.85 13,001 —23,000 gallons---------- ----------------------------------------------------- $3.73 Over 23,000 gallons----------------- ------------------------------------------------------- $5.23 Tax and Franchise Fee Applicable Tax and Fr, ::: _ are assessed by a Governmental Authority and are not included in Cost of Service Rate, BILLING UNIT The unit of rr--sure for calculating the volume charge shall be 1,000 gallons. Page 2 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No:Um� r: H-'021-3.1 Approval Date: November 4i 24i-92020 Effective Billing Date: December 1, 2020 LCUB Resolution Number: 4' 'roz'L220 i-LCU015 WATER SMALL COMMERCIAL SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for any establi_ame, I engaged in the operation of a business, or institution, whether or not for profit. Such enterprises shall include, but not be limited to, clubs, hot is, rr schools, hospitals, multi-unit complexes, churches, and municipal, county, state and federal bt.'Y_ngs. This rate applies to such customers whose consumption is '-ss than 50,000 gallons for three (3)-or more of the twelve44-2) months of the rate classification review The rate classification is a period of twelve (I,) consecutive billing months that Las Cruc:: T'.ilities will review annually to determine the customer's appropriate rate classification. A custc.ner's : 4P classification will not be changed in the absence of at least twelve (12-�consecutive mon& _"billing history. Landscape water meter available per Landscape . 4eter schedule terms and conditions. RATE The bills are the sum of. Access Charge Per month $15.75 Volume Charge Per 1,000 gallons----------------- ----------------------------------------------------------- $1.99 Tax and Franchise Fe Applicable Tax and Franca'ce Fee are assessed by a Governmental Authority and are not included in Cost of Service Ra',�s. BILLING UN' t'S The unit of measure for alculating the volume charge shall be 1,000 gallons. Page 3 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No.umbe:-- 'VV-.4Uz..1__r.1 Approval Date: Noven.' -!r Si:. 20-IS20 Effective Billing Date: Dece�= 'per i, 2020 LCUB Resolution Nommber: 18 19 r CI O 20-21-LCU015 WATER _ LARGE COMMERCIAL SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for any establisr aent e,_,-ap_;d in the operation of a business, or institution, whether or not for profit. Such enterprises shall include, but not be limited to, clubs, hotel-, otel�,, -c tools, hospitals, multi-unit complexes, churches, and municipal, county, state and federal r_:ildir-s. This rate applies to customers whose consumption equals or exce '- 50,000 gallons within the billing cycle during at least ten(W months of the twelve(1_ mo:_ ' s within the rate classification review period. Customers whose usage is equal to or greater than 1,250,000 ;; '.Ions within any month of the twelve" month review period shall receive service under 1, dustriul schedule unless the customer can demonstrate to the satisfaction of Customer Ser- ice i._ + the measured usage was the result of a nonrecurring circumstance. The rate classification ., a perioa of twelve (12)-consecutive billing months that Las Cruces Utilities will review annually to detem_ ne the customer's appropriate rate classification. A customer's rate classification will not be cli; ,ged in ttie absence of at least twelve (12)-consecutive months of billing history. Landscape water meter available per Lann. tap,; ' Ater schedule terms and conditions. RATE The bills are the sum of: Access Charge Per month $37.00 Volume Charge Per 1,000 gallons................ --------------- $2.24 Tax and Franch,.,e Fee Applicable Tax An,- franchise Fee are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UN" t S The un�'of measurr_ for calculating the volume charge shall be 1,000 gallons. Page 4 of 22 i EXHIBIT "B" LAS CRUCES UTILITIES Sheet Number:c: Approval Date: Noven.' �r gi:'. 204-208 Effective Billing Date: Dece,. ',er i, 2020 LCUB Resolution No-.Number: 18 19 1 G rn,220-21-,_CU015 WATER _ LARGE MULTI-UNIT SERVICE AVAILABILITY Available in the Las Cruces Utilities water service area for the exclusive-ise c.7mulf )le dwelling, master metered,residential units such as apartment complexes,townhomes, ap motile h,-..1e parks,for domestic purposes. This rate applies to customers whose consumption equals or ey,eec, 50,0�.j gallons within the billing cycle during at least ten O*months of the twelve 0-?-months ithir classification review period. Customers whose usage is equal to or greater than 1,250,000 gallu ;within any month of the twelve{1-2} month review period shall receive service under the industrial s;:iedule unless the customer can demonstrate to the satisfaction of Customer Ser-v-iee Central ',at the measured usage was the result of a nonrecurring circumstance. The rate classification is a perk .i o.' `welve (12-) consecutive billing months that Las Cruces Utilities will review annually to dete-ml. -_ the customer's appropriate rate classification. A customer's rate classification will not be chant_ _,d in the _'1sence of at least twelve ('�-consecutive months of billing history. Landscape water meter available per Landsc; -)e i._Ater schedule terms and conditions. RATE The bills are the sum of Access Charge Per month $37.00 Volume Charge Per1,000 gallons------------------- -------- --------------------------------------------------------------- $2.24 Tax and Franchise Ft; Applicable Tax and''cinch: Fee are assessed by a Governmental Authority and are not included in Cost of Service R: .es. BILLING UN..TS The unit of r - :sure for calculating the volume charge shall be 1,000 gallons. Page 5 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Numbe,-. Approval Date: Novembc:-_9,12, _"2020 Effective Billing Date: Dece,_ '-er i, 2020 LCUB Resolution No.-Number: 18 19 T C1 01-' 20-21-LCU015 WATER _ INDUSTRIAL AVAILABILITY Available in the Las Cruces Utilities water service area for any establishr-.ent. -aagc.i in the operation of a business, or institution, whether or not for profit. Such enterprises will include, but not be limited to, industrial install-tioi,, scl- ;ols, hotels, motels, multi- unit complexes, and municipal, county, state and federal buildinr_s. This rate applies to such customers whose consumption withit. 'he billing cycle equals or exceeds 1,250,000 gallons within any month of the twelve—={-1- month r4_e class review period. The rate classification is a period of twelve 0-2)-consecutive billing :_ -)nths that Las Cruces Utilities will review annually to determine the customer's appropriate rate -lassi':cau -i. A customer's rate classification will not be changed in the absence of at least twelve(1-2-) ,on,_.-utive months of billing history. Landscape water meter available per Landscape -vlett- schedule terms and conditions. RATE The bills are the sum of Access Charge Permonth---------------------------------------------------------- -------------------------------------------- $1,000.00 Volume Charge Per 1,000 gallons--------------------- ----------------------------------------------------- $1.79 Tax and Franchise Fee Applicable Tax and Franchise r, are assessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNIT` The unit of mea, a_ for calculating the volume charge shall be 1,000 gallons. Page 6 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No Numbe.-. Approval Date: Novembc:-_912, 'NS2020 Effective Billing Date: Dece, ',er i, 2020 LCUB Resolution No-.Number: 18 19 r GUO 220-21-L,CU015 WATER _ PAZ WELL MUNICIPAL PARKS IRRIGATION— NON-POTALLE AVAILABILITY Available in the Las Cruces Utilities water service area for any munic-pall. -)wn%J parks where non- potable water wells are located and used for the purpose of landscape i :igat:on. RATE The bills are the sum of. Access Charge Per month $46.59 Volume Charge Per1,000 gallons--------------------------------------------------------- ----------------------- $2.15 Tax and Franchise Fee Applicable Tax and Franchise Fee are assesses:'-v a Gove:.imental Authority and are not included in Cost of Service rates. BILLING UNITS The unit of measure for calculating the volu..,e charge shall be 1,000 gallons. Pa,e 7 2-22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Numbe► Approval Date: Novena­�r.81_' _204-920 Effective Billing Date: Dece�_'-er i, 2020 LCUB Resolution No. 'Q 'O r G m i 220-21-L,CU015 WATER _ BULK WATER— HYDRANT METERED AVAILABILITY Available in the Las Cruces Utilities water service area for use in cc,inee,:-n w ,h the construction, alteration or repair of buildings or other similar activities requiring tc.npo"ary s-vice through hydrant meters. To protect the water system from contamination,a backflow devi.:z(rccluced pressure principle assembly) shall be required to be installed on the hydrant meter. The b ckflc u.;,,ice shall be provided by Las Cruces Utilities. Testing of the backflow device shall be procm_a by the customer from Las Cruces Utilities or a certified backflow device testing provider that is accepteu and recognized by the City of Las Cruces Pollution Prevention Program. Customer is responsible for any stolen or lost meter ici oackflow device and a separate charge will be imposed on customer for each stolen, lost, or reloc .ced bulk Ater meter and/or backflow device. RATE The bills are the sum of: Access Charge Per month $23.50 ----------------------------------------------- ------------------------------------------------------------ Volume Charge Per 1,000 gallons---------------------- ---------------------------------------------------------- $3.32 Bulk Hydrant Meter Service �ctivatif a or Relocation Charge Per new service set-up or rc. ­cath__ _ nydrant meter_______ _____________________________ $150.00 Backflow Device Fee $50.00 Stolen or Lost Equi, -ieni -barge Charge per meter , ad/or : .cktiow device that is stolen or lost HydrantMeter------- I ----------------------------------------------------------------------------------------- $600.00 Backflow Devi.;e $150.00 Tax and F ,-anc' :3. Fee Applicable i::x and .'ranchise Fee are assessed by a Governmental Authority and are not included in Cost of 6 --vice -Laes. BIL,1,;V(; UNITS The uni. of measure for calculating the volume charge shall be 1,000 gallons. Page 8 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No.Sheet Numbe. Approval Date: Novembc__912, _:`"2020 Effective Billing Date: Dece.-'der i, 2020 LCUB Resolution No Number: 18 19 r rr O1- 20-21-L,CU015 WATER _ PARKS/GOLF COURSES/LARGE COMMUNITY SPACE, AVAILABILITY Available in the Las Cruces Utilities water service area for parks, go]'cou,_-s, e A large community spaces for the purpose of irrigation. All other related uses will be billed ..s pe, the ar propriate Commercial rates. RATE The bills are the sum of- Access Charge Per month $88.14 Volume Charge Per1,000 gallons----------------------------------------------------- ------------------------------------ $3.04 Tax and Franchise Fee Applicable Tax and Franchise Fee are assess, 1 by . Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the vu.- -~- charge shall be 1,000 gallons. Page 9 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Number. Lv JL4v.1 Approval Date: Novembc:'_9112, -""2020 Effective Billing Date: Dece._ 'ler 1, 2020 LCUB Resolution No-.Number: 18 19 r rr 01- 20-21-LCU015 WATER _ INTERRUPTIBLE TIME OF USE AVAILABILITY Available in the Las Cruces Utilities (LCU) water service area for -Yoli curs,.s, parks, and large community space for the purpose of irrigation. This will only appl- to r_-)lf c,arses having ponding facilities to meet interruption of service events, and parks and large c. mrn..nity paces that will meet the operational demands of the utility. Metering will be installed to measure use by time-of-day durin- .)n-r:a.k,::00 a.m. to 6:00 p.m.)and off- peak (6:00 p.m. to 6:00 a.m.) hours. The Off-Peak rate will appi) -o water used during off-peak period (6:00 p.m. to 6:00 a.m.)or any alternate period determined by the utilit .All other water use not measured during the off-peak period will be billed at the On-Peak rate. Service under this schedule shall be subject to intc-rul; .,n as determined by the Utilities Director or designee in response to system operational needy. The cus, -mer must cease water consumption upon notification to interrupt service. Customers sh:.11 r: ­Pive notification from the Utilities Director or designee when an interruption of service eve_ ` has beef. terminated and consumption of water can be resumed. A single interruption of service not:1caL n by LCU shall not exceed ten {10}continuous hours in duration. A customer's failure to cease water consu-nption upon notification or during an interruption of service event shall be deemed as a non--w_.->iu-ce event. Customers who fail to comply with inter,-u.-Iik_l of service notification will be billed at the On-Peak rate for service taken during the interruption period and will be subject to a penalty as set forth below. The Utilities Director or designee hP «ie option to cancel service under this schedule when a customer fails to comply with interruption of ,ervic n,. 'ification. A condition of service un� - tt,: Aedule is signing a contract to include designation of a person responsible for ceasing water cu_ 7umption. RATE The bills are the s,-.n of: Golf Courses/Parks/Large Community Space Access Cha s. Per month $82.00 Volume :''larg_ On-Pk:.ik Rat- 17olume Charge per 1 ,( Yn nallons $4.32 Page 10 of 22 EXHIBIT "B" Off-Peak Rate Volume Charge Per 1,000 gallons----------------------------------------------------------------------- $1.44 Non-Compliance Penalty Penalty for each non-compliance event----------------------------------- 35% of Total Bill for billing ;ycle Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authori, and are not included in Cost of Service rates. BILLING UNITS The unit of measure for calculating the volume charge shall be Ij 00 Qalluns. Page 11 of 22 EXHIBIT "B" m.... and Page 12 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Number: Approval Date: Novembe._.9,12, "2020 Effective Billing Date: Decei-:'ler i, 2020 LCUB Resolution Number: 20-21-LCU015 WATER _ RECLAIMED WATER SERVICE AVAILABILITY Available in the Las Cruces Utilities reclaimed water service area for tl-,� ex:',isive ase of golf courses, parks,medians,large community space,construction,irrigation,non-pe.able nurpu ;s,or other authorized use through regulations. The customer must execute a reclaimed watt_ use agree .lent. RATE The bills are the sum of-. Access Charge Per month $22.43 Volume Charge Per 1,000 gallons------------------------------------------------------ ---------------- -------------------- $0.83 Stolen or Lost Equipment Charge Charge per meter that is stolen or lost Hydrant Meter ------------------------------------------ $600.00 Tax and Franchise Fee Applicable Tax and Franchise Fee are as,,, ce,' by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculL ing the,, -)lume charge shall be 1,000 gallons. Page 13 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet Numb,-: W--:921 f2.1 Approval Date: November '12, J4-920 Effective Billing Date: Decembc. 1, 2020 LCUB Resolution No-.Number: 'Q '��--220- LCU015 WATER LANDSCAPE METER AVAILABILITY Available in the Las Cruces Utilities service area to Residential, Comr.ercial, nd industrial customers who already have a domestic water service for landscape irrigation p!:.posc . The applicable Access and Volume Charges will be billed pursuant to the service schedule deg: -.. ;ned -jy the rate classification review process conducted annually to determine the appropriate r- 'lassi Lion. Customers requesting landscape metering shall contact New C6. -e:dons section to review requirements and all expenses associated with the installation. RATE The bills are the sum of- Access Charge Permonth----------------------------------------------------------------------------- ----- 50% of applicable Access Charge Volume Charge Per 1,000 gallons--------------------------------------- ---------------------------------------------- Applicable rate Tax and Franchise Fee Applicable Tax and Franchise Vje are .�sessed by a Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for c^'c111fa+11 _ the volume charge shall be 1,000 gallons. Page 14 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Number: Approval Date: Novembe_812, 741-82020 Effective Billing Date: Dect- -ber i, 2020 LCUB Resolution No.-Number: 18 19 T GUQ1-'20-2i--:,CU015 WATER CONNECTION CHARGES Service Pavement Line Cut ''lir Mainline Line Service Meter Additional Pavement (01, r Line Water Size Line Charge Feet Manifold Cut 2- ` Ext nsion Size TapFee -1/," $1,020 $187 $20 $100 $750 $ ) $40 1" $1,020 $246 $20 $100 $750 _ �� $40 1 %," $1,160 $408 $20 $100 $750 90 $40 2" $1,360 $627 $20 $100 $7rg $3,, $40 3" $1,340 $1,644 $20 $100 $750 $30 $40 4" $1,340 $2,317 $25 $100 S75P $30 $50 4" $1,245 6" $1,590 $2,614 $25 $100 $; $30 $50 6" $1,245 Based on 8" Cost *Special metering equipment required to se.­e a customer, including time of use meters, may cost more than the amounts set forth on this -t_ -4n. In such cases,the customer will be responsible for the actual cost of meter installatiop.. inck.,ding the meter itself, any other equipment or facilities, labor taxes, etc. Meter Relocation Charge: Same pplicable charges)or charges as a new connection. $150 Unable to Connect Serv.'-e Char,e This charge shall be made -hen cruces Utilities (LCU) is notified by the customer or customer's representative that the service is ready for service and connection and utility personnel have been scheduled to physically ::1,unuct scivice, but are unable to connect the service due to, among other things, work site obstructiori: nr in.: -m. plete service installation necessary for the utility to perform the necessary and appropriate cc inecti. TERMS AND CON_TTIONS FOR NEW WATER SERVICE CONNECTION When a pert_ _ for new construction is requested, this initiates the service connection process for water services. �. Wor' der for a new water connection shall not be scheduled until all pertinent impact fees as defined 1_: one D,velopment Impact Fee schedule and connection fees are paid. Fees are paid when a utility a%�-.,)unt established with LCU Customer Service. The new connection for the residential const, _action c'�e will be coordinated by LCU New Connection personnel and establish the final location of the eater meter. Page 15 of 22 EXHIBIT "B" New residential construction sites that are found connected to the water system without establishing a utility account and bypassing payment of fees and charges for new connection, shall bed °� a : ft of service and illegally connected to the water system. Per Las Cruces Municipal Code 28-6, the City shall have the right to disconnect or refuse to cc nnect or reconnect any utility service where there is evidence that theft of utility service(i.e. w.11-er cony:°-ction)has occurred. LCU shall immediately disconnect water services and assess the custome.- c.- customer's representative an assessment of $500.00 per instance of illegal connection, The illegal connection assessment shall be paid in full plus any and all unpaid fees and charges for _.ew co-section services and the establishment of a utility account. Page 16 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet Number: W-::�'?144.1 Approval Date: November 81 1.4-92020 Effective Billing Da`e: December 1, 2020 LCUB Resolution No-.Number: 1 Q 'moo, '?2_0-'-1-LCU0l5 WATER LITIGATION COST RECOVERY RATE APPLICABILTY All water service with the exception of Bulk Water-Hydrant Metered, .id R_clain-wd Water Service sales provided by Las Cruces Utilities shall be subject to the terms of tl,: ri,---r sc' odule. Additionally, the periodic review and calculation of this rider charge will also exch, '- Bui.. W ,er - Hydrant Metered and Reclaimed Water Service sales volumes. LITIGATION COST RECOVERY RATE RIDER(LCRR) Applicable Litigation Cost Recovery Rate Rider establisl',A by order of the Las Cruces Utilities Board. The LCRR shall enable Las Cruces Utilities to recover or rei' d litigation expenses exceeding or falling below the level approved in LCUB Case No. 2009-00' (W', and L..;fined as the Baseline Litigation Costs (BLC). A recovery or refund shall be based on the p-sitiv,� ,-r negative difference between the latest fiscal year litigation expenditures and the BLC. The rec.- �ery or re.'and factor shall be calculated based on the total water consumption for the reconciled fiscal year a -!1 shall be reflected on customer bills as a charge in dollars and/or cents per 1,000 gallons billed. Tax and Franchise Fee Applicable Tax and Franchise Fee are asse.-seu Governmental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calcula':ng tb -volume charge shall be 1,000 gallons. Page 17 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Number: Approval Date: Novembe:_912, -4IS2020 Effective Billing Date: Decu. her .,, 2020 LCUB Resolution No-.-Number: 18 19 r C O I- 20-2 i___.CU015 WATER _ DEVELOPMENT RATE RIDER APPLICABILTY All water service with the exception of Bulk Water- Hydrant Metered and Re:'-imee. Water Service sales provided by Las Cruces Utilities shall be subject to the terms of thiF eider sch,-_'ale. Additionally, the periodic review and calculation of this rider charge will also exclude sulk Nate.-- Hydrant Metered and Reclaimed Water Service sales volumes. DEVELOPMENT RATE RIDER(DRR) Applicable Development Rate Rider established by order of the +,ltilities Board enabling Las Cruces Utilities to recover or refund Development expenses for which ratepay;.s are responsible exceeding those expenses not included in base rate charges. The recovery or .;Fund factor shall be calculated based on the total water consumption for the reconciled fiscal year and sY..all G reflected on customer bills as a charge in dollars and/or cents per 1,000 gallons billed. Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed',v a Gove:.mental Authority and are not included in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volu.,e charge shall be 1,000 gallons. Page 18 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Number: .1 Approval Date: Novembc-_9,12, _N S2020 Effective Billing Date: Dece,_.',er i, 2020 LCUB Resolution No-.Number: 18 19 r r+i r0M0-21-LCU015 WATER _ TEMPORARY LEASE OF GROUNDWATER RIGHTS APPLICABILITY For the purpose of leasing water rights owned by the City of Las Cruces and _ -rsua .t to NMSA 1978, § 72-6-3 (2003)allows the owner of a water right to lease all or any porti, .i"orthe w..ter use due him under his water right, and the owner's water right shall not be affected by t:_.- le.--e of�-..e use." A Lessee contracting with the City of Las Cruces to temporarily'.lase cater rights shall file an application with the Office of the State Engineer (OSE) to temporarily ex, ind ' ., piu,e of use, purpose of use, and point of diversion of some of the City's groundwater right, subjeci authorization from the Office of the State Engineer and in compliance with NMSA 1978, § 72-6-3 et al. (2-03). The Lessee shall pay the City for the lease of water righ*s pure_can,:-)the Temporary Lease of Groundwater Rights tariff based on water usage recorded by a wate mu:_ approved by the OSE. The Lessee will supply the City with the initial meter reading associated lith the i. '+ial pumping of the leased water use. The lessee will also supply the City with a copy of f.e m. -thly well pumpage report submitted to the OSE, which the City will use for billing purposes. T',e City sri,.1 prepare an invoice based on said report and will submit it to lessee pursuant to normal bu.:nes:; -ractices for billing. All payments due hereunder may be made by check, cashier's check, wire or ele,:�roniu Funds transfer. Payments will be made to the City within fifteen 0-5-)-days of receipt of ti:, i.: . .)i,,s. The City reserves the right to inspect the meter installation and operation in coordination w:'h the iessee. The Lessee shall pay all costs associated with the Application before the OSE ("the Application") for the temporary transfer of the City'-- Water rights to accomplish this lease transaction. The Lessee shall be represented by its own attorne in a' ni tters concerning the Application. The Lessee will pay all costs incurred in filing the Applicatic , and in _efending any protest to the Lessee's Application, or in otherwise prosecuting the Application. The ;�e shall pay all administrative and legal costs incurred by the City as a result of the filing of the Af;-lication. A condition of servi<- unu: • this tariff requires an executed Temporary Lease of Groundwater Rights Agreement betwec i the i__--see and the City of Las Cruces which shall define all the terms and conditions of the lease. Ser-•._-under trie tariff schedule requires Resolution approval by the Board of Commissioner for the City of Las Cr: -es Utilities. RATE The bills are uie sur of- Procr.�sing C._Arge hPr mr nth --- -------------------------------------------------------------------------------------------100% of applicable Bulk Water i ccess Charge Page 19 of 22 EXHIBIT "B" Volume Charge Per 1,000 gallons................................................................................................40%of appli,�".ble ' ter Bulk Water Volume Charge b Tax and Franchise Fee Applicable Tax and Franchise Fee are assessed by a Governmental Authority and are not "aded in Cost of Service Rates. BILLING UNITS The unit of measure for calculating the volume charge shall be 1,000 go'.ons Paize 20 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet No-.Numbt;. W- 1147.1 Approval Date: November, , 204-920 Effective Billing Date: December 1, 2020 LCUB Resolution No-.Number: 'Q ' ; '2-20-'i-LCU015 WATER WATER RIGHTS APPLICABILITY All water services provided by Las Cruces Utilities shall be subject tc �en-r of this fee schedule, except bulk and reclaimed water meter sales. RATE The bills are the sum of- Volume Charge Per1,000 gallons------------------------------------------------------------------------ ---------------- $0.11 Tax Applicable Tax assessed by a Governmental Auth -`ty and arc not included in Cost of Service Rates. Not subject to Franchise Fee. BILLING UNITS The unit of measure for calculating the volume ,'large shall be 1,000 gallons. Paae 21 of 22 EXHIBIT "B" LAS CRUCES UTILITIES Sheet Number: Approval Date: Novembc:_M 2, '`482020 Effective Billing Date: Dece�-tier i, 2020 LCUB Resolution Number: 18 19 r C 01- 20-21-L CU015 WATER OUTSIDE CITY SERVICE AREA SURCHARGE APPLICABILITY Applicable to all customers with a backup meter who are outside the L? : CruceS '_T':iities service area. RATE Outside City Service Area Charge Surcharge on access and volume charges, before franchise fee :..id gr --ntal gross receipts tax 35.8% Paae 22 of 22 City of Las Cruces MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD OF COMMISSIONERS ACTION FORM For Meeting of November 12, 2020 (Adoption Date) TITLE: A RESOLUTION AUTHORIZING LAS CRUCES UTILITIES STAFF TO MAKE ADMINISTRATIVE REVISIONS TO THE LAS CRUCES UTILITIES WATER RATE TARIFF, TO MEET AMERICANS WITH DISABILITIES ACT REQUIREMENTS. BACKGROUND: On November 8, 2018, the Las Cruces Utilities ("LCU") Board of Commissioners ('Board") approved Resolution No. 18-19-LCU012, which authorized the implementation of the new rates and the tariffs. The Utilities Water Rate Tariff was approved for the three-year phased- in option with the effective dates for that year, that went into effect on December 1, 2018, December 1, 2019, and will go into effect on December 1, 2020. LCU recommends approval and authorization to make administrative revisions to the document structure to the Utilities Water Rate Tariff. This revision is needed to meet Americans with Disabilities Act requirements for posting on the City of Las Cruces website. LCU staff is recommending the LCU Board approve the implementation of the revised Water Tariff as attached in Exhibit "A."The Utilities Water Rate Tariff will be effective on December 1, 2020. SUPPORT INFORMATION: 1. LCU Resolution No. 20-21-LCU015. 2. Exhibit "A" - Proposed Utilities Water Rate Tariff, effective December 1, 2020. 3. Exhibit "B" - Existing Utilities Water Rate Tariff with red line. Continue on additional sheets as required Name of Drafter: J�� Department: Phone: Jose F. Provencio Utilities 575 528-3508 Account Number: Amount of Expenditure: Budget Amount: N/A N/A N/A Strategic Plan Goal / Objective / Strategy Addressed: N/A Performance Bud et Goal / Objective Addressed: N/A Department Signature—,, Phone Department Signature Phone Utilities -528-3512 Bud e% )6CZ14i)+) ; ;'(_LL 541-2300 Assistant Legal L 541-2128 CityManager �X �rI.�XS� 541-2271 City - Manager (�. r1��'�— 541-2076 LCU 5/18 Rev.4 4V /� I,li, LCU Board Action Form Page 2 BOARD OPTIONS: 1. VOTE "YES" - Will approve Resolution No. 20-21-LCU015 and approve the Utilities Water Rate Tariff. These changes will become effective on December 1, 2020. 2. VOTE `"NO" - Will not approve Resolution No. 20-21-LCU015 and the Utilities Water Rate Tariff will not be approved. Staff will require strategic guidance. (Continue on additional sheets as required) r City of Las Cruces° MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD ACTION FORM AND RESOLUTION ROUTING SLIP The purpose of this Routing Slip will help ensure the highest quality of work is presented to the LCU Board of Commissioners for action on the Resolution. As the drafter of a Las Cruces Utilities (LCU) Board Action Form (BAF) and Resolution (RES) you are responsible to ensure all documents submitted for the Utilities Director's approval are without errors. Please identify a Utility associate to review the entire BAF/RES packet, including any Exhibits and/or Attachments; followed by your Deputy Director. The FINAL COMPLETE BAF/RES packet is required no later than 8:00am IS- working days before the Board Meeting. The additional time is required to obtain all final signatures from City Hall and create the agenda packet in order to distribute to the Board Members. For Meeting of: November 12, 2020 Resolution: 20-21-LCUOIS (Date) UTILITY STAFF REVIEWERS PRINT NAME INITIALS DATE ret/1 W h� 1. Drafter Jill F Summerlin 2. Selected by Drafter Domoni ue Rodriguez 3. Deputy Director Jose Provencio to —2,v - 2 4. Budget Verification by Rate & Economic Analysis Domoni ue Rodriguez �� �� 26 5. Senior Office Manager Alma Ruiz rim Utilities Director Delila Wl`15 I GRJU CRY of Las Cruces' LCU BAF/RES ROUTING SLIP FY21 9/2020 Rev.1