WHEREAS, Procedural Rule 11 authorizes the Utilities Board to consider and

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2 LCU Board Resolution No LCU014 Page 2 of 4 WHEREAS, Procedural Rule 11 authorizes the Utilities Board to consider and approve a written stipulation between some or all of the parties to a rate proceeding after notice and hearing; and WHEREAS, Procedural Rule 11 also authorizes the Utilities Board to approve a stipulation if its proponents support the stipulation with sufficient evidence and legal argument to show that the stipulated change in rates results in reasonable rates based on utility cost of service methodology; and WHEREAS, Procedural Rule 17 authorizes the Utilities Board to require all parties of record to file proposed forms of order or to make some other reasonable provisions for the parties to state their positions individually or jointly; and WHEREAS, Procedural Rule 18 requires the Utilities Board to issue its order in writing in every rate proceeding, and permits the Utilities Board in its discretion to issue an oral decision prior to the issuance of its written order; and WHEREAS, on August 8, 2014, the Utilities Board conducted a public evidentiary hearing to take evidence and legal argument in support of Comprehensive Rate Stipulation ( Stipulation ) filed in Utilities Board Case No (SW) by Las Cruces Utilities ( LCU ) and the Ratepayer Advisory Committee ( RAC ) on August 7, 2014, the stipulation modified rates for solid waste service to collected stipulated total gross annual revenues of $11,388,000, which excluded the franchise fee surcharge. The incremental revenue requirement is $1,292,931, excluding the franchise fee surcharge; and WHEREAS, the Stipulation was executed by LCU and the RAC; and

3 LCU Board Resolution No LCU014 Page 3 of 4 WHEREAS, in accordance with Procedural Rule 18(A)(1), after all the evidence was introduced at the August 8, 2014, hearing on the solid waste rate case stipulation, the Utilities Board voted to approve a Stipulation with no revisions to the Stipulation and with the submission of Joint Exhibits 1-5 that were acceptable to LCU and the RAC and that did not alter the stipulated rates and the Utilities Board issued an oral decision to that effect; and WHEREAS, at the close of the hearing the Utilities Board directed LCU to prepare and present a resolution formally approving the Stipulation in that case, as well as all other necessary documents; and WHEREAS, the resolution requests that the Utilities Board approve the stipulated rates attached as Exhibit 1 for bills issued on and after January 1, 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: (I) THAT Las Cruces Utilities should implement the stipulated new solid waste utility rates approved by the Utilities Board during the August 8, 2014, public hearing in Case No (SW) for bills issued on and after January 1, 2015, for service provided in December 2014 and thereafter. (II) THAT Las Cruces Utilities staff is hereby authorized to do all things necessary and appropriate to accomplish the intent of this Resolution.

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6 LCU Board Action Form As a result of those settlement negotiations, LCU and the RAC entered into a Comprehensive Rate Stipulation (the Stipulation ). In the Stipulation, the LCU and the RAC agreed that LCU would modify its rates for solid waste service to collect stipulated total gross annual revenues of $11,388,000, which excludes the franchise fee surcharge. The incremental revenue requirement is $1,292,931, excluding the franchise fee surcharge. In addition, the stipulated revenue requirement assumes that $2.7 million will be borrowed for funding of vehicle purchases. The Board conducted a public evidentiary hearing on August 8, 2014, at which time the Stipulation and admitted Joint Exhibits 1-5 were considered. At the conclusion of the hearing, the Board announced its oral decision to approve the Stipulation. The Utilities Board instructed Utilities staff to prepare a Resolution approving the Stipulation and adopting new rates for solid waste utility services. SUPPORT INFORMATION: 1. LCU Resolution No LCU Comprehensive Rate Stipulation 3. Complete Solid Waste Rate Tariffs BOARD OPTIONS: 1. VOTE YES Will approve the Resolution formally adopting the Comprehensive Rate Stipulation and Adopting New Rates for Solid Waste Utility Service for billings rendered beginning on and after January 1, VOTE NO Will reject the Resolution formally adopting the Comprehensive Rate Stipulation and Adopting New Rate for Solid Waste Utility Service. Staff will require further direction from the Utilities Board in order to comply with its intentions regarding completion of the solid waste utility rate proceeding, Utilities Board Case No (SW). (Continue on additional sheets as required)

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8 proposed to remove from base rates the expenses it incurs as revenue-based franchise fees charged to LCU by the City of Las Cruces ( City ) and to collect those costs through a franchise fee surcharge on customers' bills, as LCU does with water, wastewater, and gas rates, and to implement a Landfill Tipping Rider and a Fuel Rider to collect or refund the differences between test period costs for those expense items and actual future year costs for those items. 2. LCU requested approval of rates calculated to generate gross revenues of $11,932,221, excluding LCU s proposed franchise fee surcharge. Including the effect of LCU s proposed removal of recycling related charges from base rates but excluding the effect of the franchise fee surcharge, LCU proposed an overall increase in base revenues of 27.4% above its adjusted revenues for the twelve months ending June 30, Including the effect of the franchise fee surcharge as well, LCU s overall proposed increase in revenues was 29.9%. 3. LCU s Application focused particularly on two aspects of the solid waste utility s operations and services. LCU proposed a cash allowance in rates to allow it to fund a multi-year program of vehicle and equipment replacement in order to replace its aged fleet of solid waste collection vehicles and other major equipment. LCU also proposed several changes in its rate design, primarily implementation of Pay As You Throw ( PAYT ) rates. On the residential side, LCU sought to introduce PAYT rates by eliminating the current residential Senior discounted rate and replacing it with a new Compact Saver service that would give all residential customers, not just Seniors, the option of paying a lower rate for collection of a single, smaller trash container. On the commercial side, LCU proposed implementing volume-based PAYT rates and 2

9 simplifying the service offerings to include low, intermediate, and high volume dumpster service with a limited number of weekly pick-ups available to the small and intermediate classes. LCU also proposed reducing residential grappler service from every other week to once per month. 4. On December 19, 2013, the Chair of the Board of Commissioners for the City of Las Cruces Utilities ( Utilities Board ), who also serves as Procedural Master for this rate proceeding in accordance with Rule 19(B) of the Rules Governing Rate Proceedings Before the Board of Commissioners for the City of Las Cruces Utilities and Appeals Pursuant to City Council Resolution No ( Procedural Rules ), issued an Initial Procedural Order. Among other things, that order provided for the publication and internet posting of a Notice to Solid Waste Service Customers of LCU and required interested parties to file motions for leave to intervene by no later than January 22, No motions to intervene were filed in this case. Pursuant to Rule 4(B) of the Procedural Rules, the RAC is a party to every LCU rate proceeding before the Utilities Board. 6. On February 13, 2014, the Utilities Board conducted a Special Meeting for the purpose of a formal hearing on motions to intervene and other motions and for consideration of a procedural schedule for this case. On February 20, 2014, the Procedural Master issued an Order Regarding Motions to Intervene and Second Procedural Order ( Second Procedural Order ) that delineated a procedural deadline and procedural details agreed upon by the Utilities Board, LCU, and the RAC, and required the publication and internet posting of notice of the same. 3

10 7. On April 4, 2014, the RAC filed a Motion to Compel Answers, Production, and Responses to Interrogatories Propounded by the Rate Payer Advisory Committee to City of Las Cruces Utilities. On April 7, 2014, LCU filed an Expedited Motion for Leave to Withdraw Certain Pre-filed Direct Testimony and Exhibits, seeking permission to withdraw the pre-filed direct testimony of Patrick Peck, the Director of SCSWA, and a proposed SCSWA Recycling Service tariff sheet that described recycling services at the unspecified charges authorized by SCSWA. On April 8, 2014, the RAC filed a response to LCU s motion, and on April 9, 2014, LCU filed a Response to the RAC s motion that included a motion by LCU for a protective order. The Utilities Board conducted a special hearing on April 10, 2014, to hear argument and to rule upon the motions. On May 1, 2014, it issued an Order granting the RAC s motion, granting LCU s motion to withdraw testimony and exhibits pursuant to the stipulation of the parties, and denying LCU s motion for a protective order pursuant to a stipulation by the RAC to limit its discovery requests. 8. Pursuant to the deadline established by the Second Procedural Order, the RAC filed direct testimony and exhibits on May 2, Instead of an increase, the RAC proposed to decrease the solid waste utility s revenues by $286,648, or 2.64%, based on operating revenues and expenses projected for an adjusted test period ending on December 31, The RAC proposed setting rates to collect gross revenues of $10,578,704, exclusive of franchise fee expenses, and opposed LCU s proposed Landfill Tipping and Fuel rate riders. 9. The RAC opposed LCU s proposal to include in rates a cash allowance for vehicle replacement and instead recommended that LCU borrow $3 million to fund a 4

11 reduced level of vehicle purchases. It concurred in LCU s proposal to reduce the frequency of residential grappler service and did not oppose LCU s proposed franchise fee surcharge. The RAC concurred with LCU s proposed elimination of the current residential Senior rate, but opposed LCU s proposal to implement PAYT rates, including Compact Saver service for all residential customers. 10. On June 25, 2014, LCU filed rebuttal testimony. LCU adopted some of the RAC s cost of service adjustments in whole or in part and proposed to increase its gross base rates by $2,023,307, or 20.6%, reflecting revised gross revenues of $11,828,740, exclusive of franchise fee expenses. LCU disagreed with the RAC s approach to the rate case, however, particularly the RAC s preference for financing vehicle replacement and its opposition to PAYT rates and the Compact Saver service option. 11. Formal discovery between the parties continued after LCU s rebuttal testimony was filed. The Parties exchanged written settlement proposals before holding meetings on July 29, August 4, and August 5, 2014, between LCU s representatives and a settlement subcommittee appointed by the RAC, during which they reached an agreement in principle whose terms, as further refined, are reflected in the agreement that is stated in this Stipulation. This Stipulation was approved by the RAC in an open meeting held on August 7, AGREEMENT 12. LCU will modify its rates for solid waste service to collect stipulated total gross annual revenues of $11,388,000, which excludes the franchise fee surcharge. The incremental revenue requirement is $1,292,931, excluding the franchise fee surcharge. 5

12 13. Additionally, LCU will implement a surcharge, separate from the cost of service rates addressed in Paragraph 12 above, for the recovery of franchise fees paid by LCU to the City, as proposed at pages 27 through 30 of the direct testimony of LCU witness Jose F. Provencio filed on December 19, LCU will not implement the new Landfill Tipping and Fuel rate riders proposed in Mr. Provencio s direct testimony at pages 30 through The stipulated revenue requirement reflects resolution of the overall level of revenues for this case, but does not reflect agreement on specific items of cost of service or revenue. The Parties have agreed, however, on certain aspects of the rate filing that are encompassed in the revenue requirement and in the agreed-upon revenue requirement and class rates for solid waste services. Those agreements are set forth in the following paragraphs 15 through In order to assure that LCU is able to replace its collection vehicles and other major equipment in the manner proposed in LCU s Exhibit Mercer-1, which was attached to the direct testimony of LCU witness Stephen D. Egan, Jr., modified to reflect the expectation that LCU s need for reserve vehicles will decline once a substantial number of its current, aged vehicles are replaced, the Parties agree that $378,761 of the stipulated revenue requirement should be treated as an allowance dedicated to vehicle and equipment replacement. As stated at page 22 of the direct testimony of Dr. Jorge A. Garcia, LCU s Utilities Director, LCU commits to segregate any future revenues it receives under that allowance in the solid waste utility s equipment reserve fund to be used only for the purchase of necessary asset replacements. The stipulated revenue requirement also assumes that $2.7 million will be borrowed for funding of vehicle 6

13 purchases. The ultimate level of borrowing will be determined pursuant to Utilities Board recommendation and City Council authorization. 16. The stipulated revenue requirement assumes that LCU will hire three additional employees and will defer the hiring of the next new employee until such time as future growth produces revenues to support the addition of that position. Actual hiring will depend on budget authorization as recommended by the Utilities Board and approved by the City Council. 17. The Parties agree that as a substitute for the current Senior discount, all residential customers should be given the opportunity to receive Compact Saver service, utilizing a single, 64-gallon container with no option for a second container of any size. The monthly rate for Compact Saver service will be $11.25, excluding the franchise fee surcharge, while the monthly rate for standard residential service using a 96-gallon container will be $13.25, excluding the franchise fee surcharge. The Parties agree that this change in residential service options implements PAYT principles while giving customers who currently receive discounted Senior citizen service an opportunity to maintain lower cost solid waste service. 18. The Parties agree to reduce Grappler service for residential customers from once every other week to once per month. 19. The Parties agree that LCU s proposal to set rates for commercial dumpster service by grouping dumpster customers into low volume, intermediate volume, and high volume classifications for rate purposes should not be adopted. Instead, PAYTbased rates for each dumpster size will be implemented. The Parties agree, however, that the number of pick ups per week available to commercial dumpster customers should be 7

14 limited in the manner proposed in Mr. Provencio s direct testimony at pages 22 to 23. Accordingly, low volume customers with 1.5 or 2.0 cubic yard dumpsters will receive one pick up service per week; intermediate volume customers with 3.0 or 4.0 cubic yard dumpsters may schedule pick ups once, twice, or three times per week; and high volume customers with 6.0 or 8.0 cubic yard dumpsters may schedule pick ups from one to six times per week. All commercial dumpster customers will be able to request a larger dumpster, at the appropriate rate, to accommodate their needs under the new, simplified schedule, or may request an additional pick-up on an as-needed basis under the Extra Services rate schedule. 20. The stipulated changes in base rates for each class of service, excluding the franchise fee surcharge, are summarized on Exhibit A attached hereto, which shows current rates, the rates proposed by LCU in its direct and rebuttal testimony and by the RAC in its direct testimony, and the stipulated rates. The stipulated rates do not reflect agreement on a specific rate design methodology but, instead, a compromise between the Parties that they agree incorporates PAYT principles and otherwise results in reasonable and fair rates. 21. The stipulated revenue requirement and other stipulated figures, and the stipulated rates described herein, represent a compromise between LCU's and the RAC's positions. The Parties agree that approval of this Stipulation would comply with the City Council's mandate, in the Second Revised By-Laws of the Utilities Board approved on March 18, 2013 in Council Resolution No , that the Utilities Board set City utility rates based on an industry-accepted methodology recommended by LCU staff, even though no agreement has been reached on specific methodologies. 8

15 22. The Parties understand that LCU currently charges its non-senior residential customers the sum of $3.09 per month including franchise fees for recycling, which amount is paid by LCU to SCSWA. That $3.09 charge will terminate upon implementation of the stipulated rates for solid waste provided for in this Stipulation. LCU shall continue to collect from residential customers the sum of $2.59 per month for curbside recycling, which is paid by LCU to SCSWA each month. The RAC hereby withdraws its Motion for Temporary Injunction to Enjoin the Collection of a $2.59 Recycling Charge Made to Residential Customers as moot. 23. The Parties further agree that the Utilities Board should recommend to the City Council that it take the steps necessary to authorize the current RAC to participate in discussions between the Utilities Board and LCU regarding changes in the ratemaking procedures that govern rate proceedings for LCU in order for the RAC to make suggestions on changes or to oppose any proposed changes in ratemaking procedures. If the City Council does not expressly modify the mandate of the RAC to include such participation, LCU will not oppose efforts by individual members of the RAC to participate in any public proceedings before the Utilities Board or the City Council relating to changes in the ratemaking procedures for the City of Las Cruces Utilities and will not oppose efforts by individual members of the current or former RAC to participate in any such public proceedings before the Utilities Board after termination of the RAC pursuant to City Council Resolution No Attached hereto as Exhibit B is a summary of the dollar effect of the settlement between the Parties. Exhibits A and B together constitute the reconciliation statement required by Procedural Rule 11(C)(1). 9

16 GENERAL PROVISIONS 25. Except as specifically stated in this Stipulation, the provisions of this Stipulation have no precedential effect and the Parties do not waive rights they may have in any other pending or future proceeding and will not be deemed to have approved, accepted, agreed to or consented to the application of any concept, principle, theory or method in any future proceeding. In accordance with Rule 11(E) of the Procedural Rules, by approving this Stipulation, the Utilities Board is neither granting any approval nor creating any precedent regarding any principle or issue in this or any other proceeding, except as explicitly provided in its written final order. 26. Any statements, admissions or offers of settlement made or positions taken by the Parties during the course of negotiating this Stipulation will not be admissible as evidence in any public hearing before any regulatory agency or court unless agreed to by the Parties. 27. This Stipulation contains the full intent and understanding and the entire agreement of the Parties, and no implication should be drawn on any matter not addressed in the Stipulation. There are not and have not been any representations, warranties or agreements other than those specifically set forth above. 28. This Stipulation reflects a negotiated settlement and is void if not executed by the Parties or if not approved by the Utilities Board in its entirety, unless the Parties agree to any additions, deletions or other modifications desired by the Utilities Board. 29. This Stipulation may be executed in a number of counterparts, each of which will be deemed to be an original and all of which will constitute one of the same agreement. 10

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18 Rate Class Residential Service Standard Senior Compact Saver Extra Container (each) Commercial Service Poly Container Service One 96 gal. container Two 96 gal. container Commercial Service (multiplied by number of weekly pickups) 1.5 cu. yd. (Low Volume 2.0 cu. yd. (Low Volume) 3.0 cu. yd. (Intermediate Volume) 4.0 cu. yd. (Intermediate Vol.) 6.0 cu. yd. (High Volume) 8.0 cu. yd. (High Volume) 2.0 cu. yd. compactor 4.0 cu. yd. compactor Locked Access Fee Commercial Roll-Off (Clean Fill) Pull Fee Disposal Fee ( per ton) Commercial Roll-Off (Non-Clean Fill) Open Top/Roll Off/Compactor Container Pull Fee Disposal Fee (per ton per SCSWA Tariff) Relocation Fee Extra Service Extra Poly Container Pickup ¼ Grappler Truck Load (5 CY) ½ Grappler Truck Load (11 CY) Full Grappler Load (22 CY) Extra Dumpster Pickup LAS CRUCES UTILITIES SOLID WASTE UTILITY CASE NO (SW) SUMMARY OF RATES Current Charges 1 $11.77 $11.07 N/A $3.65 $24.18 $64.02 $64.02 $64.02 $71.69 $79.98 $90.21 $ $64.02 $79.98 $4.20 $ $3.50 $ $33.80 $30.00 $14.80 $93.91 $ $ /4 of next block rate LCU Direct $15.90 N/A $12.50 $9.30 $31.40 $62.80 $65.30 $65.30 $85.05 $85.05 $ $ $75.05 $ N/A $ $4.50 $ $33.80 $30.00 $15.90 $ $ $ % of 1X per week charge RAC Direct $11.28 N/A N/A $3.62 $25.18 $50.36 $62.19 $62.19 $69.64 $77.69 $87.63 $97.56 $62.19 $77.69 N/A $ $3.50 $ $33.80 $29.14 $14.38 $91.22 $ $ LCU Rebuttal $14.75 N/A $11.75 $7.50 $30.70 $61.50 $65.30 $65.30 $81.75 $81.75 $ $ $71.75 $ N/A $ $4.40 $ $33.80 $30.00 $14.75 $ $ $ % of 1X per week charge Stipulation $13.25 N/A $11.25 $9.00 $27.80 $55.60 $64.00 $75.00 $85.00 $95.00 $ $ $75.00 $ N/A $ $3.96 $ $33.80 $30.00 $13.25 $ $ $ % of 1X per week charge Commercial Yard Processing Commercial Yard Waste Disposal Yard Waste Disposal Fee/Tipping Charge (per ton) $20.00 $25.50 $20.00 $24.90 $22.70 Clean Fill Clean Fill Disposal/Clean Fill Tipping Fee (per ton) $3.50 $4.50 $3.50 $4.40 $ Rates exclusive of franchise fees. In most instances, charges are monthly. EXHIBIT A

19 LAS CRUCES UTILITIES SOLID WASTE UTILITY Summary of Allocation of the Settlement Revenue Requirement Class of Service Revenue at Current Rates Settlement Revenue Settlement Revenue Increase 1 Residential $4,448,786 $4,725,060 $276,274 2 Commercial $4,092,987 $4,995,113 $902,126 3 OT/Compact/Roll Off $971,374 $1,084,404 $113,030 4 Extra Services $10,174 $11,526 $1,352 5 Subtotal $9,523,321 $10,816,103 $1,292,782 6 Miscellaneous Revenue 571, , TOTAL REVENUE $10,095,069 $11,387,851* $1, 292,782** * Target Total Revenue Requirement $11,388,000; Rounding ($149) **Target Incremental Revenue Requirement $1,292,931; Rounding ($149) EXHIBIT B

20 LAS CRUCES UTILITIES SOLID WASTE TABLE OF CONTENTS Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) Residential Service... Commercial Poly Container Service... Commercial Dumpster Service... Commercial Roll-Off Container Clean Fill Service... Commercial Open Top/Roll-Off/Compactor Container Service. Extra Service.. Commercial Yard Waste Disposal.. Commercial Clean Fill Disposal.. Sheet SW Sheet SW Sheet SW Sheet SW Sheet SW Sheet SW Sheet SW Sheet SW

21 LAS CRUCES UTILITIES SOLID WASTE RESIDENTIAL SERVICE Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) AVAILABILITY Available in the Las Cruces Utilities (LCU) solid waste service area for the exclusive use of individual customer domestic use only. Solid waste service under this schedule is provided and continuously billed in conjunction with any active city gas, water, or wastewater service except as provided in LCU Billing and Service Regulations Sheet RUS-1. Service to a residence which is used in part for commercial purposes shall be served under this rate schedule only if the predominant use is for residential purposes. Service under this rate schedule shall be provided by one (1) or more standard 96 gallon poly container(s) or, upon request, only one (1) 64 gallon poly container for Compact Saver trash disposal service. Customers receiving standard (96 gallon poly container) service may request one, two, three, or four additional 96 gallon containers for the additional monthly charge set forth below; customers who choose Compact Saver (64 gallon poly container) service may not obtain additional containers of either size. On the designated pick up day, poly containers must be placed on curb by 6:00 AM to be serviced and removed from the curb by 7:00 PM. The container shall not be over serviced (lid unable to close and/or trash not in container). Residential containers will be serviced once per week and supplemented by grappler service once per month. Grappler Service is not to exceed two (2) level ½ ton pickup truck loads of a total of approximately 5 cubic yards. Larger loads set out for grappler pick-up must use the Extra Service fee schedule (SW ). Excess loads above the grappler capacity that are left on the curb must be cleared by the customer or will be cited by codes enforcement. RATE Monthly Residential container billing shall be the sum of: Standard Service-one 96 gallon container. $13.25 Additional 96 gallon container (Per additional container) $9.00 or Compact Saver Service-one 64 gallon container... $11.25 Available only upon customer request. In the event the Compact Saver container is over serviced (lid unable to close or trash not in container) for two service pickups during any period of twelve consecutive months, the container will be automatically replaced with a Standard Service container and billed accordingly, and the customer may not request reinstatement of Compact Saver service for a period of at least twelve billing months after the container has been replaced. In the event a customer who has requested Compact Saver service submits a request to voluntarily deactivate utility service, LCU will reset and replace the solid waste service to Standard Service configuration and billing. plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

22 LAS CRUCES UTILITIES SOLID WASTE COMMERCIAL POLY CONTAINER SERVICE Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) AVAILABILITY Available in the Las Cruces Utilities (LCU) solid waste service area for any establishment engaged in the operation of a business or institution, whether or not for profit or government entities. Solid waste service under this schedule is provided and continuously billed in conjunction with any active city gas, water or wastewater service. This solid waste service is only available if LCU Solid Waste section determines there is no location on the property for the safe pickup and servicing of a standard dumpster container, or if the commercial customer disposes trash at a sufficiently low volume to be accommodated by a 96 gallon poly container and is in proximity to a route that services poly containers. The container shall not be over serviced (lid unable to close and/or trash not in container). In the event the container is over serviced for two service pickups during any period of twelve consecutive months, the customer may be automatically transferred to a higher level of Commercial Poly Container Service (i.e., two 96 gallon containers instead of one) or Commercial Dumpster Service (i.e., Low Volume Disposal Plan) and billed accordingly, and the customer may not request reinstatement of the prior level of service for a period of at least twelve billing months. On the designated pick up day, poly containers must be placed on curb by 6:00 AM to be serviced and removed from the curb by 7:00 PM. Upon approval by LCU Solid Waste section, a commercial customer may be supplied with a maximum of two (2) 96 gallon poly containers for trash service. Commercial customers must be billed to a commercial account and not a residential account. RATE Monthly Commercial 96 gallon poly container billing shall be the sum of: One (1) 96 gallon Poly Container serviced once a week.. $27.80 or Two (2) 96 gallon Poly Containers serviced once a week... $55.60 plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

23 LAS CRUCES UTILITIES SOLID WASTE COMMERCIAL DUMPSTER SERVICE Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) AVAILABILITY Available in the Las Cruces Utilities (LCU) solid waste service area for any establishment engaged in the operation of a business or institution, whether or not for profit or government entities. Solid waste service under this schedule is provided and billed uninterrupted in conjunction with active city gas, water, or wastewater service. Such enterprises will include, but not be limited to, clubs, hotels, motels, schools, hospitals, churches, and municipal, county, state and federal buildings. Standard commercial service is provided by dumpster containers and serviced under one of the disposal service plans listed below. Customer will remain under the selected disposal plan for minimum of twelve (12) consecutive months. Requests for change in Disposal Plans must be reviewed and approved by Solid Waste Operations. In the event the dumpster container is over serviced (lid unable to close or trash not in container) for two service pickups during any period of twelve consecutive months, however, the customer will be placed on the next higher disposal plan and billed accordingly, and the customer may not request reinstatement of the lower disposal plan service for a period of at least twelve billing months after the container has been replaced. RATE Monthly Commercial Dumpster billing shall be the sum of: Unit Rate Per Pickup Low Volume Disposal Plan 1.5 cubic yard container pickup service once per week.. $ cubic yard container pickup service once per week $75.00 or Intermediate Volume Disposal Plan 3.0 cubic yard container pickup service up to three (3) times per week $ cubic yard container pickup service up to three (3) times per week $95.00 This amount will be multiplied by the number of services per week requested by the customer. or High Volume Disposal Plan 6.0 cubic yard container pickup service up to six (6) times per week $ cubic yard container pickup service up to six (6) times per week $ This amount will be multiplied by the number of services per week requested by the customer. or Compactor Service 2.0 cubic yard compactor service.... $ cubic yard compactor service.... $ This amount will be multiplied by the number of services per week requested by the customer. plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

24 LAS CRUCES UTILITIES Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) SOLID WASTE COMMERCIAL ROLL-OFF CONTAINER CLEAN FILL SERVICE AVAILABILITY Available in the Las Cruces Utilities solid waste service area for any establishment engaged in the operation of a business or an institution, whether or not for profit. Such enterprises will include, but not be limited to, clubs, hotels, motels, schools, hospitals, churches, municipal, county, state and federal buildings, and construction sites. For disposal of clean fill materials at the Las Cruces Utilities Foothills Landfill, which consist of materials such as concrete, asphalt, rock, bricks, or dirt. If concrete has rebar, the rebar must be cut to extend no farther than two (2) inches beyond the face of the concrete. Trash, tree branches, or any kind of green waste or wood is not to be placed in clean fill containers. Landfill attendant will refuse disposal of any truckload containing unauthorized and non-clean fill debris and will route truck to South Central Solid Waste Authority Transfer Station for disposal of contents and charged SCSWA's disposal fees. The maximum container size will be 15 cubic yards. RATE The billing is the sum of: Pull Fee Per Service pull per container $ A minimum of one (1) pull will be charged per month to the customer account. plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

25 LAS CRUCES UTILITIES Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) SOLID WASTE COMMERCIAL OPEN TOP/COMPACTOR CONTAINER SERVICE AVAILABILITY Available in the Las Cruces Utilities solid waste service area for municipal solid waste by an establishment or residence engaged in the operation of a business or an institution, whether or not for profit. Such enterprises will include, but not be limited to, clubs, hotels, motels, schools, hospitals, homes, churches, construction sites or residences, and municipal, county, state and federal buildings. RATE The billing is the sum of: Pull Fee Per Service pull per container $ Service charge to pull container and dispose of contents at customer request. A minimum of one (1) pull will be charged per month to the customer account. Maximum container size will be 30 cubic yards. plus Landfill Tipping Charge (Per SCSWA Tariff) Contents will be weighted and charged the SCSWA disposal fee per ton Charges as authorized by SCSWA Relocation Fee Per Container relocation $30.00 (Charge for relocating a roll-off container at customer request when scheduled outside of a disposal service request.) plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

26 LAS CRUCES UTILITIES Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) SOLID WASTE EXTRA SERVICE AVAILABILITY Available in the Las Cruces Utilities solid waste service area for any establishment within the service area. RATE The billing is the sum of: Extra Poly Container Service Pickup Charge $13.25 Extra Grappler Service Charges: Quarter Grappler Truck load (approximately 5 cubic yards).... $ Half Grappler Truck load (approximately 11 cubic yards). $ Full Grappler Truck load (approximately 22 cubic yards)... $ Extra Grappler charges apply for additional service requests outside the once a month, scheduled residential service pick-up at no charge. Extra Dumpster Service Charge (see SW ).. 50% of the current monthly rate for a single weekly pick up of the subscribed disposal service plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

27 LAS CRUCES UTILITIES SOLID WASTE COMMERCIAL YARD WASTE DISPOSAL Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) AVAILABILITY Available to commercial customers for the disposal of yard waste at the Las Cruces Utilities Foothills Landfill. Landfill attendant will refuse disposal of any yard waste material contaminated with unauthorized debris and route the vehicle to South Central Solid Waste Authority Transfer Station for disposal of contents. Commercial customers will be required to set up an account for billing on a monthly basis. RATE The billing is the sum of: Yard Waste Tipping Charge (per ton).... $22.70 plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.

28 LAS CRUCES UTILITIES Sheet No. SW Approval Date: September 11, 2014 Effective Billing Date: January 1, 2015 Case. No.: (SW) SOLID WASTE COMMERCIAL CLEAN FILL DISPOSAL AVAILABILITY Available at Las Cruces Utilities Foothills Landfill for disposal of clean fill materials only, which consist of material such as concrete, asphalt, rock, bricks, or dirt. If concrete has rebar, the rebar must be cut to extend no farther than two (2) inches beyond the face of the concrete. Trash, tree branches, or any kind of green waste or wood is not to be placed in clean fill containers. Landfill attendant will refuse disposal of any truckloads containing unauthorized debris and route vehicle to South Central Solid Waste Authority Transfer Station for disposal of contents at SCSWA's disposal fees. Commercial customers will be required to set up an account for billing on a monthly basis. RATE The billing is the sum of: Clean Fill Tipping Charge (per ton)... $3.96 (Minimum charge of 1 ton) plus Tax & Fee Applicable Taxes & Franchise Fee assessed by a Governmental Authority and not included in Cost of Service Rates.