Ordinance No. 515-09
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ORDINANCE NO. 515-09
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING SECTION 3.6.3 OF DIVISION 3 OF THE ADMINISTRATIVE
CODE REGARDING LIMITATIONS ON THE USE OF FUNDS RECEIVED
FROM MTBE SETTLEMENTS
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of El Dorado, State of California, as follows:
SECTION I - POLICY AND PURPOSE
The purpose of this Ordinance is to amend the District's Administrative Code to
allow, upon Board approval, a one time lending from the MTBE Contamination Fund
Reserve to the Water Fund during Fiscal Year 2009/10 for the purpose of completing
certain waterline replacement projects.
SECTION II - DEFINITIONS
For the purpose ofthis 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 of the 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 ofEI
Dorado, State of California, make the following findings:
1. The District, in response to MTBE contamination of its groundwater supply
source, initiated an action to recover damages related to this contamination and
contamination of the District's Water System;
2. Based on the uncertainty of the cost and expense of addressing the MTBE
contamination of the groundwater supply and Water System, the Board adopted
Ordinance 482-02 added Administrative Code section 3.6.3 to ensure that funds
received by the District as a result of that action were used responsibly and solely for
addressing the damages from MTBE contamination;
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3. Administrative Code section 3.6.3 limits the use of the MTBE Contamination
Fund to the costs and expenses of addressing damages from MTBE contamination, as
described therein. Section 3.6.6 of the Administrative Code provides that section
3.6.3's limitations may be amended or modified by no less than an affirmative vote of
four of the District's five Board of Directors;
4. The District desires to complete certain waterline replacement projects during
Fiscal Year 2009/10 while pricing is favorable and very competitive. In order to fund
those waterline replacement projects, the Board of Directors desires to allow a one-
time borrowing by the Water Fund of a portion of the MTBE Contamination Fund.
5. Based on the MTBE Contamination Fund use restrictions in Administrative
Code section 3.6.3, the Water Fund's borrowing from the MTBE Contamination Fund
can be accomplished only through the amendment of section 3.6.3.
6. The Board desires to amend section 3.6.3 in order to allow a one time Water
Fund borrowing from the MTBE Contamination Fund for the funding of certain
waterline replacement projects during Fiscal Year 2009/10, by no less than an
affirmative vote of four of the District's five Board of Directors approving the terms
and repayment of such borrowing.
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7. The Board of Directors has determined that it is in the best interest of the
District and its customers to adopt this Ordinance, amending the Administrative Code
to allow a one time lending from the MTBE Contamination Fund to the Water Fund
to fund certain waterline replacement projects during Fiscal Year 2009/10.
SECTION IV - SECTION 3.6.3 AMENDED TO DIVISION 3 OF THE
ADMINISTRATIVE CODE
Administrative Code Section 3.6.3 shall be amended to read as follows:
"3.6.3 Use of MTBE Funds. The funds received by the District from the action
shall be deposited in the MTBE Contamination Fund and, with the exception of the Fiscal
Year 2009/10 lending described below, shall be used solely and exclusively for the costs
and expenses associated with addressing damages from MTBE Contamination of
groundwater resources and the Water System. These costs and expenses include, but
shall not be limited to, the following:
a. Capital costs for land, improvements to land, easements,
buildings, building improvements, wells, replacement water
supplies, water lines, vehicles, machines, equipment, and all other
tangible or intangible assets that are used in operations;
b.
Operating costs such as public and private utility costs, chemicals
and other supplies, consulting costs, lobbying, legal expenses and
fees, and laboratory costs and supplies;
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Ordinance No. 515-09
MTBE Amendment
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c.
District staff labor and related overhead costs;
d. All costs related to borrowing of funds such as interest expense,
loan fees and similar customary costs; and,
e. Other related costs and expenses as determined by the District.
Notwithstanding the use limitations described in this section 3.6.3, during Fiscal
Year 2009/10, by no less than an affirmative vote of four of the District's five Board of
Directors, the Water Fund may borrow up to $1,100,000 from the MTBE Contamination
Fund to complete certain waterline replacement projects identified by the District. All
funds borrowed will be repaid, along with accrued interest, subject to terms approved by
no less than an affirmative vote of four ofthe District's five Board of Directors."
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 of the 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
sections, subsections, subdivision, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VII - EFFECTIVE DATE
This Ordinance amending the above reference section to 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 5th day of March, 2009, by the
following vote:
AYES: Directors Mosbacher, Rise, Jones, Claudio, Schafer
NOES: None
ABSENT: None
Ordinance No. 515-09
MTBE Amendment
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