Ordinance No. 518-10 - Superseded4W ORDINANCE NO. 518-10
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. 502-08 IN ITS ENTIRETY
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 postpone the scheduled increase in the District's sewer
capacity charges.
SECTION II — DEFINITIONS
For the purposes 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 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 the
decisions of the District, and provide the public with guidelines applicable to
District operations.
D. General Manager — The General Manager of the South Tahoe Public Utility
District.
E. 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.
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State
k w of California, makes the following findings:
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4W I . The District's sewer capacity charges were previously determined to be less than
the cost of providing such capacity by a comprehensive study authorized by the Board. On this
basis, the Board previously adopted Ordinance 502 -08, which set the District's sewer capacity
rates in order to reflect the actual cost of providing the services for which charges are imposed.
2. Recognizing that the costs of providing services would increase, Ordinance 502 -08
additionally provided a mechanism pursuant to which an in increase in the District's sewer
capacity charge would take place on January 1 of each year from 2009 through 2013, and,
accordingly, that such an increase would occur on January 1, 2010.
3. The Board finds that the current economic climate may be adversely impacting new
development within the District's boundaries.
4. The Board finds that allowing the scheduled sewer capacity charge increase could
contribute to the adverse impacts on development within the District's boundaries by increasing
the costs of new development.
5. This ordinance Code is designed to postpone the increase to the sewer capacity
charge scheduled to occur on January 1, 2010, until July 1, 2010.
6. The Board has determined that it is in the best interest of the health and safety of
the District's residents to postpone the scheduled increase in the District's sewer connection fees.
SECTION IV - SEWER CONNECTIONS
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 V, 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 V, Paragraph 1, Schedule No. 1.
C. Periodic Cost Adjustments. The sewer capacity charge for sewer
connections shall be adjusted as provided in this Ordinance to reflect the increased costs
for providing sewer service. Refer to Section V, Paragraph 1, Schedule No. 1.
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4W 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 V - SEWER FEES, RATES AND SCHEDULES
1. Schedule No.l -
Sewer Capacity Fee, February 6, 2010 - $4,250.00
2. a. Periodic Adjustments: 16% on July 1, 2010, and January 1 st of each year
from January 1, 2011, through December 31, 2013, thereafter.
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 1st of each subsequent year.
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SECTION VI — ADMINISTRATION
1. The effective date of this Ordinance is February 6, 2010.
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 VII — 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 any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases may be determined to be unconstitutional or invalid.
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4W PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District
at its duly held regular meeting on the 7th day of January, 2010 by the following vote:
AYES: Directors Rise, Cefalu, Jones, Schafer
NOES: None
ABSENT: Director Mosbacher
Dale Rise, President
South Tahoe Public Utility District
ATTEST:
Kathy Sharp Jerk of the B rd
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