Loading...
Ordinance No. 533-11ORDINANCE NO. 533-11 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING SCHEDULED INCREASES IN WATER CAPACITY CHARGES AMENDING ADMINISTRATIVE CODE SECTION 3.1.49(e) SUPERSEDING ORDINANCE NO. 526-10 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 scheduled increase in the District's water capacity charges scheduled for July 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. 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 Board finds that the current economic climate may be adversely impacting new development within the District's boundaries. 2. The Administrative Code presently provides for an increase in the District's water capacity charge, to take place on July 1, 2011. 3. The Board finds that allowing the scheduled July 1, 2011, water capacity charge increase could contribute to the adverse impacts on development within the District's boundaries by increasing the costs of new development. 4. By Ordinance 526 -10, the Board postponed the increase scheduled for January 1, 2011 to July 1, 2011, on the basis that allowing the scheduled water capacity charge increase would contribute to adverse impacts on development within the District's boundaries by increasing the costs of new development. Ordinance No. 533 -11 Water Capacity Charge Page 1 5. This Ordinance's proposed amendment to the District's Administrative Code is designed to postpone the 36% increase to the water capacity charge scheduled to occur on July 1, 2011, until January 1, 2012. 6. 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 water connection fees SECTION IV — AMEND SECTION 3.1.49(e) OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.49(e) to be amended as follows: 3.1.49(e). Periodic Adjustments: 36% on January 1, 2008, January 1, 2009, July 1, 2010, and January 1, 2012, except for the water capacity charge for private fire protection service. 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 section of 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 16th day of June, 2011, by the following vote: AYES: Cefalu, Rise, Schafer NOES: Jones ABSENT: Mosbacher ATTEST: Kathy Sha Ordinance No. 533-11 Water Capacity Charge Page 2 Clerk of the : oard Dale Rise, President South Tahoe Public Utility District