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Ordinance No. 497-06 - Superseded \., \., 6..., ORDINANCE NO. 497-06 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING WATER CONNECTION FEES BY AMENDING ADMINISTRATIVE CODE SECTIONS 3.1.24 AND 3.1.48 AND SUPERSEDING ORDINANCE NO. 489-04 Be it an act by the Board of Directors of the South Tahoe Public Utility District, County ofEI Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this ordinance is to adopt certain amendments and additions to the Administrative Code regarding water connection fees. SECTION II - FINDINGS The Board of Directors of the South Tahoe Public Utility District, EI Dorado County, State of California, makes the following fmdings: A. 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 dilly given, posted, and published, as required by Government Code of California; B. Pursuant to said Notice of Hearing, a hearing by the South Tahoe Public Utility District on this proposed Ordinance was held September 21, 2:30 p.m., at the place specified in said Notice of Hearing; C. The Notice of time and place of said meeting, including a general explanation of the matters to be considered at said meeting was published on September 15 and September 18, 2006; D. At least ten (10) days prior to said public meetings, the data indicating the amount of the costs required to provide new water connections for which water connection fees are proposed for adoption pursuant to this Ordinance was available to the public; and E. The existing rates for providing new water connections do not exceed the cost of providing such service; 1 SB 363297 vl:007627.0001 SECTION II - AMENDMENT TO ADMINISTRATIVE CODE \., The following sections of the Administrative Code shall be amended in their entirety to read as follows: 1.1.130 "Water Capacity Unit" is the amount of water determined by the District from time to time to be the average daily use of a single family home within the District's service area during a peak water production month, presently 416 gallons. 3.1.24 Water Connection Fees. The Board shall establish a fee schedu1e for water connections and administration fees. (Refer to section 3.1.48 - Water Rate Schedu1e No.1) In establishing such fee schedule, the Board shall consider the costs and expenses incident to the installation of water service or other work for which an application has been made to the District. Connection charges will include the following: \.,. a. Water Capacity Unit Charge for Water Service. There shall be one water capacity unit charge per water capacity unit, with a minimum of one water capacity unit, which the applicant shall pay to the District. In reviewing an application, the District shall estimate the water capacity units required for the connection. For properties with greater than one water capacity unit, within two (2) years of the issuance of the Certificate of Occupancy for the property, the District will complete an evaluation ofthe actual average day during peak month use. The average day during peak month use may be evaluated using a successive 30-day period, as determined at the reasonable discretion of the District. The actual water capacity units required for the connection shall be the ratio that the actual measured average day during peak month use bears to a water capacity unit. If the required water capacity units, as determined by the actual measured average day during peak month use, differ from the estimated water capacity units that provided the basis for the initial water capacity unit charge, then the applicant will be assessed an additional charge or will receive a refund such that the applicant's total payment will equal the actual water capacity unit charge. (Refer to section 3.1.48(a), Water Rate Schedule 1) b. Water Capacity Charge for Private Fire Protection Service. There shall be a water capacity charge for providing private fire protection water service, which is in addition to the water capacity charge for water service. In the event the applicant requests private fire protection water service, the applicant shall pay to the District the private fire protection water service charge based on the increase in the size of the connection. (Refer to section 3.1.48(b), Water Rate Schedu1e 1) c. Water Capacity Charge for Private Fire Protection Only Service. There shall be a water capacity charge for providing private fire protection water service. In the event the applicant requests private fire protection water service, the applicant shall pay to the District the private fire protection water service charge based on the size of the fire service connection. Applications for fire protection only service shall be reviewed on a case-by-case basis and reviewed by the District's Engineering department for a determination on water sufficiency. (Refer to section 3.1.48 (c), Water Rate Schedu1e 1) \., 2 SB 363297 vl:007627.0001 \., \., -.. d. Administrative Costs. The applicant shall pay the actual administrative costs incurred in reviewing and processing the application, but in no event less than the minimum administration fee. (Refer to section 3 .1.48 (d), Water Rate Schedule 1) e. Physical Connection Charge. The applicant shall pay to the District for the cost and installation for the physical connection to the District's water system. (Refer to Section 3.1.48 (t), Water Rate Schedule 1) f. Meter Costs. The applicant shall pay to the District for the cost and installation of any meters. The design of such meters shall be approved by the District. g. Periodic Cost Adjustments. The water capacity unit charge for water service and the private fire protection water service charge shall be adjusted annually to reflect the increased costs for providing water service. (Refer to section 3.1.48(d), Water Rate Schedu1e 1.) 3.1.48. Schedule 1- Water Connection Fees. In accordance with the guidelines in sections 3.1.24 - 3.1.29, inclusive, metered water service shall be as follows: a. Water Capacity Charge % inch water meter $2,716 1 inch water meter $4,527 1 ~ inch water meter $9,053 2 inch water meter $14,485 b. Private Fire Protection Water Service Charge % inch lateral increased to 2 inch lateral $4,237 1 inch lateral increased to 2 inch lateral $3,585 % inch lateral increased to 1 inch lateral $ 652 % inch lateral increased to 1 ~ inch lateral $2,281 1 inch lateral increased to 1 ~ inch lateral $1,630 c. Private Fire Protection Only Water Service Charge % inch lateral $2,952 1 inch lateral $4,921 1 ~ inch lateral $9,841 2 inch lateral $15,746 3 inch lateral $31,492 4 inch lateral $49,207 6 inch lateral $98,413 3 SB 363297 v1:007627.0001 \., \. ~ 8 inch lateral 10 inch lateral 12 inch lateral $177,144 $285,399 $423,178 d. Administrative Costs: Actual costs but not less than $150 e. Periodic Adjustments: 36% on January 1, 2008 and on January 1 st of each subsequent year until December 31, 2011 except for the water capacity charge for the capacity charge for fire protection only service. An amount equal to the Engineering News Records' construction cost index, national average, for the prior twelve (12) month period, commencing on January 1,2012 and on January 1 st of each subsequent year. f. Physical Connection Physical Connection Charge: The applicant shall pay to the District a charge for the physical connection to the District's water system in the following manner: 1) Beginning January 1,2007, a charge of $750 will be assessed for the physical connection 2) Beginning January 1, 2008, a charge will be assessed on an amount equivalent to the average physical connection costs for a %" service Charges for physical connections to the Main where the water service line size is greater than %" will be charged on an actual time and material basis. SECTION IV - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing ru1es and regu1ations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it wou1d have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regu1ations and the Administrative Code irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. 4 SB 363297 vl:007627.0001 \., \" \-, SECTION VII - EFFECTIVE DATE This Ordinance Amending Administrative Code Sections 3.1.24 and 3.1.48 and superseding Ordinance No. 489-04 shall be effective on January 1,2007. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its du1y held regu1ar meeting on the 21st day of September 2006 by the following vote: AYES: Directors Wallace, Schafer, Farrell, Mosbacher NOES: None ABSENT: Director Jones Eric Schafer Presi South Tahoe ublic Utility District ATIEST;<"-~ J~, SM'l r> Kathy Sh Clerk of the BIard 5 SB 363297 vI :007627.0001