Ordinance No. 521-10 ORDINANCE NO. 521-10
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING SECTION 3.1.11 AND DELETING SECTION 3.1.12 OF THE
ADMINISTRATIVE CODE REGARDING TIME LIMITS FOR
NEW WATER SERVICE APPLICATIONS
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 1— POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding time extensions for applications to the District for new water service
connections.
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.
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El
Dorado, State of California, make the following findings:
1. The District allows new water service connections pursuant to the
applicable provisions of the Ordinances, rules, and regulations of the District and
specifications for water service.
2. The Administrative Code presently does not limit the time in which an
approved applicant for new water service must connect to the District's water system. As
a result, there are many outstanding approved applications for new water service pursuant
to which connection to the District's water system has not been made.
Ordinance No. 521 -10
Time Limits on Connection to the District's Water System
Page 1
3. There has been confusion among those whose applications for connection
to the District's water system have been approved as to whether these approvals are
subject to changes in the District's Ordinances, rules, and regulations and specifications
for connection to the District's water service between the time the permit is issued and
connection to the District's Water System is accomplished.
4. The proposed amendment is designed to make clear to which of the
District's Ordinances, rules, and regulations and specifications the approval of connection
to the District's water system is subject.
5. The proposed amendment will aid in the reduction of outstanding
approved applications for new water service by limiting the time frame in which an
approved applicant may connect to the District's water system pursuant to the District's
Ordinances, rules, and regulations and specifications for sewer service at the time
connection to the District's water system was approved.
6. The proposed amendment is intended to provide the holders of approved
applications for new water service a reasonable time to complete connection to the
District's water system pursuant to a defined set of District Ordinances, rules, and
regulations and specifications for connection to the District's water system.
5. The Board has determined that it is in the best interest of the health and
safety of District residents to adopt an ordinance to amend certain provisions of the
Administrative Code regarding approved applications for new water service.
SECTION IV — AMEND SECTION 3.1.11 OF THE ADMINISTRATIVE CODE
Administrative Code Section 3.1.11 to be amended as follows:
3.1.11 New Water Service. (a) If there is sufficient water and capacity
available in the District water system to meet the requested service and the applicant has
complied with all District Ordinances, rules, and regulations, and is not delinquent in any
amounts owed the District at the time of application, the District shall, upon payment of
the applicable capacity and administrative charges, approve the application for new water
service. (Refer to Sections 3.1.24 and 3.1.49(a).) Upon applicant's request and payment
of applicable connection and meter costs, the District will furnish the requested water
service, in accordance with the applicable provisions of the Ordinances, rules, and
regulations of the District and specifications for connection to the District's water system
in effect at the date such connection was approved. (Refer to Section 3.1.49(0.)
(b) If the applicant has not requested connection to the District's water system
within three (3) years of the District's approval of its application (the "Connection
Term "), the applicant may extend the time in which it may connect to the District's water
system for an additional one (1) year term (the "Extension Term "), provided that the
Ordinance No. 521 -10
Time Limits on Connection to the District's Water System
Page 2
applicant pays the minimum administrative fee pursuant to Administrative Code section
3.1.49(d) (the "Administrative Fee "). If, at the expiration of any one (1) year Extension
Term, the applicant has yet to request connection to the District's water system, the
applicant may extend the application term for an additional one (1) year Extension Term,
provided that the applicant pays the Administrative Fee. Any connection to the District's
water system, the time for which is extended pursuant to this subsection, shall be subject
to the terms of the District's Administrative Code and regulations in effect at the date of
extension.
(c) Those applications for new water service approved prior to the effective
date of Ordinance No. 521 -10 shall permit the connection to the District's water system
for a period of three (3) years from the effective date of Ordinance No. 521 -10. If, at the
expiration of this three (3) year term (the "Connection Term "), the applicant has yet to
request connection to the District's water system, the applicant may extend the term
during which such connection may be made for an additional one (1) year Extension
Term, provided that the applicant pays the Administrative Fee. If, at the expiration of
any one (1) year Extension Term, the applicant has yet to request the approved
connection to the District's water service, the applicant may extend the application term
for an additional one (1) year Extension Term, provided that the applicant pays
Administrative Fee. Any connection to the District's water system, the time for which is
extended pursuant to this subsection, shall be subject to the terms of the District's
Administrative Code and regulations in effect at the date of extension.
(d) If, upon the termination of any Connection Term or Extension Term, as
applicable, the applicant has not requested either connection to the District's water
service, or an Extension Term, as provided for in sections (b) or (c), above, the
applicant's approval shall be suspended, and no connection to the District's water service
shall be made until the applicant extends the application term by an additional one (1)
year Extension Term and pays the Administrative Fee for each full calendar year that has
passed since the expiration of the prior three (3) year Connection Term or one (1) year
Extension Term, as applicable.
(e) At any time prior to the accomplishment of connection to the District's water
system, an applicant may terminate its water service application and the District shall
refund to the applicant the applicable capacity charges actually paid by the applicant
pursuant to section 3.1.49(a). Upon such termination, the applicant shall not be entitled
to the refund of any administrative fees paid in connection with any Extension Term.
(f) Any applicant may choose to comply with changes in the applicable
provisions of the Ordinances, rules, and regulations of the District and specifications for
connection to the District's water system made after the date of approval of such
connection but prior to the time that connection to the District's water system is
accomplished.
(g) Notwithstanding the above, the approval of connection to the District's water
system will be null and void:
Ordinance No. 521 -10
Time Limits on Connection to the District's Water System
Page 3
1) If construction of the application's project is not accepted by the County
or the City for the proposed improvement to be served by the District's water
system; or
2) If the County or City voids or cancels either the application or permit
for construction of the proposed improvement to be served by the District's water
system.
SECTION V — DELETE SECTION 3.1.12 OF THE ADMINISTRATIVE CODE
Administrative Code Section 3.1.12 is deleted.
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 any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VII — EFFECTIVE DATE
This Ordinance amending the above referenced sections to the Administrative
Code shall take effect thirty days after its passage.
PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 18th day of February, 2010, by the
following vote:
AYES: Directors Jones, Mosbacher, Rise, Schafer
NOES: None
ABSENT: Director Cefalu
Dale Rise, President
South Tahoe Public Utility District
ATTEST:Q�L
Kathy Shaalerk of the Board
Ordinance No. 521 -10
Time Limits on Connection to the District's Water System
Page 4