Ordinance No. 537-12 - SupersededORDINANCE NO. 537-12
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
REGARDING SCHEDULED INCREASES IN WATER CAPACITY CHARGES AND
AMENDING ADMINISTRATIVE CODE SECTION 3.1.49(e)
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 January 1, 2012.
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 January 1, 2012.
3. The Board finds that allowing the scheduled January 1, 2012, 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 Ordinances 533 -11, 526 -10, and 519 -10 the Board postponed the scheduled
increases three times — three separate six month terms effective January 1, 2010, January 1,
2011, and 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.
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Water Capacity Charge
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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
January 1, 2012, until July 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 July 1, 2012.
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 19th day of January, 2012, by the following vote:
AYES: Cefalu, Vogelgesang, Sheehan
NOES: Jones
ABSENT: Schafer
ATTEST: Ci =1-Gi-1-S�
Kathy Sharp, k of the Boar
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