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Ordinance No. 528-11ORDINANCE NO. 528-11 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTIONS 3.1.52 AND 3.1.53 SUPERSEDING SECTION IV OF ORDINANCE NO. 490-05 REGARDING WATER SERVICE CALL CHARGES 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 adopt certain amendments to the Administrative Code regarding water service call 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. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. The District's Administrative Code provides schedules of charges for water service calls performed by District employees, including separate charges for those service calls that occur during regular working hours and those service calls outside of regular working hours and on holidays. Ordinance No. 528 -11 Water Service Call Charges Page 1 2. The costs incurred for water service calls made during regular working hours are provided for in the general water rates charged to District customers as part of their regular water service. A further separate charge to a District customer for such a service call is not necessary. 3. Water service calls made outside of regular working hours are not provided for in the general water rate charged to District customers because the District incurs significant extra labor costs when a District employee is required to work outside of regular working hours or on a holiday. 4. When a water service call is necessary outside of regular working hours, the customer should be required to pay for the extra labor costs incurred as a result of that service call. 5. The proposed water service call charges reflect the cost of labor and other additional expenses directly incurred by the District as a result of such service calls made outside of regular working hours. The proposed charges are approximately equal to the cost of providing such services. 6. 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 charges for water service calls. SECTION IV — AMENDMENT TO ADMINISTRATIVE CODE The following sections of the Administrative Code shall be amended in their entirety to read as follows: 3.1.52 SCHEDULE 4 —WATER SERVCIE CALL CHARGES FOR SERVICE CALLS DURING REGULAR WORKING HOURS There shall be no charge to customers for any service call made during regular working hours, as those hours are defined in this Administrative Code. 3.1.53 SCHEDULE 5 —WATER SERVICE CALL CHARGES FOR SERVICE CALLS OUTSIDE REGULAR WORKING HOURS The charge for each service call made outside of regular working hours, excluding holidays, shall be $190. The charge for each service call made on a legal holiday shall be $240. 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 Ordinance No. 528 -11 Water Service Call Charges Page 2 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 by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 3rd day of February, 2011 by the following vote: AYES: Cefalu, Jones, Mosbacher, Rise, Schafer NOES: None ABSENT: None Dale Rise, President South Tahoe Public Utility District ATTEST Q Kathy Shar , lerk of the oard Ordinance No. 528 -11 Water Service Call Charges Page 3