Ordinance No. 502-08 - Superseded
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ORDINANCE NO. 502-08
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
SETTING SEWER CAPACITY CHARGES
AND AMENDING ADMINISTRATIVE CODE SECTION 4.5.7 AND
SUPERSEDING ORDINANCE NO. 472-99 IN ITS ENTIRETY
The Board of Directors of the South Tahoe Public Utility District, EI Dorado
County, State of California, makes the following findings:
SECTION 1 - DEFINITIONS
For the purposes of this Ordinance, the terms used herein are defined as follows:
A.
B.
The District - The South Tahoe Public Utility District.
The Board - The Board of Directors of the South Tahoe Public Utility
District.
General Manager - The General Manager of the South Tahoe Public
Utility District.
Sewer Unit - An estimated measurement of flow and strength of
wastewater discharged to the District's sewer system. A sewer unit is
used for the purposes of determining the assessment of sewer capacity
charges.
c.
D.
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SECTION II - FINDINGS
The Board of Directors of the South Tahoe Public Utility District, EI Dorado
County, State of California, makes the following findings:
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1. Notice of Hearing of this Ordinance was duly given, authorized, posted,
and published, as required by law and specifically, that said Notice fixing the time and
place of hearing on said Ordinance was duly given, posted, and published, as required by
Government Code of California.
2. Pursuant to said Notice of Hearing, a hearing by the South Tahoe Public
Utility District on this proposed Ordinance was held February 7,2008,2:30 p.m. at the
place specified in said Notice of Hearing.
3. The Notice oftime and place of said meeting, including a general
explanation of the matters to be considered at said meeting was published on January 30,
2008 and February 7,2008.
4. At least ten (10) days prior to said public meeting, the data indicating the
basis for sewer capacity charges proposed for adoption in this Ordinance was available to
the public.
5. The existing charges for providing sewer capacity are less than the cost of
providing such capacity as determined by a comprehensive study authorized by the
Board.
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6. The charges adopted by this Ordinance will then reflect the actual cost of
providing the services for which charges are imposed.
SECTION III - SEWER CONNECTIONS
1. Sewer capacity charges shall be determined as follows:
a. A sewer capacity charge shall be paid to the District by the
applicant desiring connection to the District sewer system based upon the number
of sewer units which are required for the applicant's project. Refer to Section IV,
Paragraph 1, Schedule No.1.
b. At any time sewer capacity is added to any parcel for which the
initial capacity charge has been previously paid in an amount which did not
include such additional capacity, as a condition to such parcel remaining
connected to the District sewer system, there shall be a subsequent charge to
provide for the additional sewer capacity requirements. Refer to Section IV,
Paragraph 1, Schedule No.1.
c. Periodic Cost Adjustments. The sewer capacity charge for sewer
connections shall be adjusted annually to reflect the increased costs for providing
sewer service. Refer to Section IV, Paragraph 1, Schedule No.1.
2. Sewer capacity charges, as determined from time to time by the Board,
apply to all new connections and existing connections to which at any time sewer
capacity is added to any parcel for which the initial capacity charge has been previously
paid. Capacity charge revenue is used to pay for sewer facilities in existence at the time
the charge is imposed or to pay for new sewer facilities that will be constructed in the future
that are of benefit to the person or property being charged.
3. Neither this Ordinance, nor payment of the capacity charges described in
this Ordinance, shall constitute approval of any capital project.
SECTION IV - SEWER FEES, RATES AND SCHEDULES
1. Schedule No. 1 -
Sewer Capacity Fee, effective April 7,2008 - $3,660.00
2.
Periodic Adjustments: 16% on January 1 st of each year
from January 1, 2009 through December 31,2013.
a.
b. An amount equal to the Engineering News Records'
construction cost index, national average, for the prior
twelve (12) month period, commencing on January 1,2014
and on January 1 st of each subsequent year.
Ordinance No. 502-08
Sewer Capacity Charges
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SECTION V - ADMINISTRATION
1. The effective date ofthis Ordinance is April 7, 2008.
2. The provisions of this Ordinance will be administered and enforced by the
District through the General Manager, who may delegate such enforcement to one or
more employees of the District.
3. Any applicant for sewer connection may appeal any District decision
pertaining to a sewer connection under this Ordinance to the Board by filing a written
appeal with the Clerk of the Board, within 10 days from the date of the action or decision.
The Board may, in its discretion, affirm, reverse, or modify any District action
undertaken pursuant to this Ordinance.
SECTION VI - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance, in whole or any part, is for any reason held to be invalid, such holding
shall not affect the validity of the remaining portions of this Ordinance or any part
thereof. The Board declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase, in whole or any part, irrespective of
the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared invalid.
PASSED AND ENACTED by the Board of Directors of the South Tahoe Public
Utility District at its Regular Meeting on the ih day of February 2008 by the following
vote:
AYES: Directors Jones, Claudio, Rise, Mosbacher, Schafer
NOES: None
ABSENT: None
Dated: February 7,2008
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Mary
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Kathy Sharp, Clerk of the Board
Ordinance No. 502-08
Sewer Capacity Charges
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