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Ordinance No. 527-10 - SupersededORDINANCE NO. 527-10 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. 518-10 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 amend the Administrative Code to postpone the increase in the District's sewer capacity charges scheduled for January 1, 2011. 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 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 of California, makes the following findings: Ordinance No. 527 -10 Sewer Capacity Charge Page 1 1. 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 the charges are imposed. 2. Recognizing that the costs of providing services would increase, Ordinance 502- 08 additionally provided for a mechanism pursuant to which an 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, 2011. 3. By Ordinance 518 -10, the Board postponed the increase scheduled for January 1, 2010 to July 1, 2010 on the basis that allowing the scheduled sewer capacity charge increase would contribute to adverse impacts on development within the District's boundaries by increasing the costs of new development. Ordinance 518 -10 superseded Ordinance 502 -08 in its entirety. 4. The Board finds that the current economic climate may still be adversely impacting new development within the District's boundaries. 5. 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. 4. This ordinance is designed to postpone the increase to the sewer capacity charge scheduled to occur on January 1, 2011, until July 1, 2011. 5. The Board has determined that it is in the best interest of the health and safety of District's residents to postpone the scheduled increase in the District's sewer capacity charges. SECTION IV — SEWER CONNECTION 1. 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 additional sewer capacity requirements. Refer to Section V, Paragraph 1, Schedule No. 1. Ordinance No. 527 -10 Sewer Capacity Charge Page 2 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. 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 Schedule No. 1 — Sewer Capacity Fee, February 6, 2010 - $4,250.00 2. a. Periodic Adjustments: 16% on July 1, 2010, July 1, 2011, and January 1st of each year from January 1, 2012 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 1 st of each subsequent year. SECTION VI — ADMINISTRATION The effective date of this Ordinance is January 15, 2011. 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. Ordinance No. 527 -10 Sewer Capacity Charge Page 3 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. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 16th day of December, 2010 by the following vote: AYES: Cefalu, Jones, Mosbacher, Rise, Schafer NOES: None ABSENT: None C e- Dale Rise, President South Tahoe Public Utility District ATTEST. Kathy Shan, Jerk of the B and Ordinance No. 527 -10 Sewer Capacity Charge Page 4 , Ul 1 .0. Box 1888 Carson City, NV 89702 Phone (775) 881 -1201 Fax (775) 887 -2408 Account Number: #1067078 Legal Acct South Tahoe Public Utility District 1275 Meadow Crest Dr. South Lake Tahoe, CA 96150 Attn: Kathy Sharp Rachel Renaud says: That (s)he is a legal clerk of the TAHOE DAILY TRIBUNE, a newspaper published Wednesday, Friday, Saturday, at South Lake Tahoe, in the State of California. Ord. No. 527 -10 Ad# 6004485 of which a copy is hereto attached, was published in said newspaper for the full required period of 1 time commencing on December 31, 2010, and ending December 31, 2010, all days inclusive. 7 ITWA' A l A 7.0069 WM STATEMENT: Date Amount Credit Balance 12/31/10 $553.13 $0.00 $553.13 Proof and Statement of Publication AFFIDAVIT OF POSTING State of California ) )ss County of El Dorado ) I, f ( T l S n l �a e� , 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 ©r A jA . S a�- 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 �� v day of 20_. 0 (zx, Signed by: Subscribed and sworn to me this day of 20 Clerk of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT