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Ordinance No. 505-08 ~ ~ '-' ORDINANCE NO. 505-08 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING SECTION 4.5.4 OF DIVISION 4 OF THE ADMINISTRATIVE CODE REGARDING SEWER SERVICE CHARGES FOR NEW CONSTRUCTION BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding the sewer service charges for new construction. SECTION II - DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: A. The District - The South Tahoe Public Utility District. B. The Board - The Board of Directors ofthe South Tahoe Public Utility District. C. Administrative Code - The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the District, which establish the authority and the principles for decisions of the District, and provide the public with guidelines applicable to District operations. SECTION III - FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. Currently the Administrative Code provides for the billing of sewer service charges to begin the first of the month following the month in which the inspection of the sewer lateral connection for new construction occurs; 2. The District begins billing sewer service charges in the next quarterly billing period following the month in which the inspection of the sewer lateral connection for new construction occurs; 3. Because sewer services are generally not used immediately after a sewer lateral is inspected, the District desires to amend the Administrative Code to delay the imposition of sewer service charges until six months after final sewer lateral connection inspection; ~ 4. The Board of Directors has determined that it is in the best interest of the District and the community to adopt this Ordinance with respect to the imposition of sewer service charges for new construction. SECTION IV - AMEND SECTION 4.5.4 OF DIVISION 4 OF THE ADMINISTRATIVE CODE The following section 4.5.4 shall be amended as follows: "4.5.4 General Rates - Sewer Service. There is hereby established an annual service charge as established by the Ordinances, rules and regulations of the District, for connection to the sewers of the District. The service charge shall be applied to new connections beginning in the third quarter after the quarter in which the final sewer lateral connection inspection at the property line occurs." SECTION VI - SEVERABILITY ~ If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that anyone or more section, subsection, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VII - EFFECTIVE DATE This Ordinance amending the above referenced section of the Administrative Code shall take effect thirty (30) days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 3rd day of April, 2008 by the following vote: AYES: Directors Mosbacher, Schafer, Rise, Claudio NOES: Director Jones ABSENT: None ~~ South Tahoe Public Utility District ATTEST:- . \., Kathy Sharp Ordinance No. 505-08 Sewer Service Charge Credit Page 2 ~ \., \. State of California ) County of EI Dorado )ss ) I, C' ~ {'\ ~ LJ ~l-e"" ,being first duly sworn, deposes and says: That for and on behalf of the Clerk of Board of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of 0" c~ So S - 0 [f in form attached hereto and by reference made a part hereof, in three (3) public places in the District as follows: 1. South Tahoe Public Utility District Administration Building South Lake Tahoe, CA 2. AI Tahoe Post Office Station South Lake Tahoe, CA 3. Government Center 1360 Johnson Boulevard South Lake Tahoe, CA That said posting was completed on the g dayof.J\ ~r'\ \ 20.DK-. CD. iLL Signed by: Subscribed and sworn to me this ~ day of ~;-;/ 20D( ~oJ-~~~ Clerk of th oard SOUTH TAHOE PUBLIC UTILITY DISTRICT