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Ordinance No. 522-10 ORDINANCE NO. 522-10 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING THE MAINTENANCE OF WATER METERS AMENDING SECTION 3.2.5 OF THE ADMINISTRATIVE CODE AND SUPERSEDING ORDINANCE NO. 513-09 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 the maintenance of water meters. 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. While the Administrative Code provides that all water metering devices are the property of the District, the Administrative Code further allows that such metering devices may be installed by a property owner or his or her contractor, 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. 3. Consistent with the District's ownership of metering devices, the Administrative Code allocates the responsibility for the maintenance, repair and replacement of water meters, risers, boxes and appurtenance to the District. 4. When a customer requires for its connection a meter smaller than two inches, the meter is supplied to the customer by the District. When a customer requires for its connection a meter of two inches or greater in size, the customer supplies the meter, through its purchase from a District - approved supplier. The District does not test or inspect meters that it does not supply prior to their installation. 5. In the case of meters of two inches or greater in size, the costs of repairing or replacing such a meter are disproportionately greater than the costs of repairing or replacing a meter smaller than two inches in size. Ordinarily, if such costs arise within the first year that such a meter is in service, the need for repair or replacement is a result of improper installation or freeze protection of the meter. 6. The proposed amendment allocates to any property owner receiving water service through a meter of two inches or greater in size, the responsibility for the maintenance, repair and replacement of such a meter within the first calendar year after the property is connected to the District's water service. 7. The proposed amendment is intended to equitably allocate the costs of repair and replacement of water meters as between the property owners served by those meters and the District's customers in general. 8. 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 the maintenance of water meters. SECTION IV — AMEND SECTION 3.2.5 OF THE ADMINISTRATIVE CODE Administrative Code Section 3.2.5 to be amended as follows: District Meter Responsibility. The District shall maintain, repair and replace all water meters, risers, boxes and appurtenances. Such duty as described in this Section ends at the meter Tail or Meter Flange located on the outlet side of the meter box or meter pit, depending on the meter type. Notwithstanding the foregoing, property owners whose properties receive water service through a meter that is two inches or greater in size shall be responsible for the maintenance, repair and replacement of all water meters, risers, boxes and appurtenances to their water service connections for one calendar year from the time that the property is connected to the District's water service.. Ordinance No. 522 -10 Maintenance of Water Meters Page 2 All property owners shall install, maintain, repair and replace, as necessary, the w ater service downstream from the outlet of the meter box. The property owner's maintenance, in good repair, of such meter parts shall be subject to the provisions of Section 6.5 of the District's Administrative Code. SECTION V — 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 VI — 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 March, 2010, by the following vote: AYES: Directors Cefalu, Jones, Rise, Schafer NOES: None ABSENT: Director Mosbacher 2 Q. Dale Rise, President South Tahoe Public Utility District Kathy Sharp Clerk of the board Ordinance No. 522 -10 Maintenance of Water Meters t oe Page 3 tiof AFFIDAVIT OF POSTING State of California ) )ss County of El Dorado ) I, CU\r S 1,.)` nu P✓\, 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 O r k I , 2 -10 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 1275 Meadow Crest Drive South Lake Tahoe, CA 2. Lake Tahoe Community College One College Drive South Lake Tahoe, CA 3. Government Center 1360 Johnson Boulevard South Lake Tahoe, CA That said posting was completed on the CQ day of 1'(1,rc,L. , 20 lo. a (Jut, Signed by: Subscribed and sworn to me this Q , -4 --- day of mic1, Clerk of the Boar 20/o SOUTH TAHOE PUBLIC UTILITY DISTRICT