Ordinance No. 541-12ORDINANCE NO. 541-12
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) AND
SUPERSEDING ORDINANCE NO. 537-12 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, 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 July 1, 2012.
3. The Board finds that allowing the scheduled July 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 537 -12, 533 -11, 526 -10, and 519 -10 the Board postponed the
scheduled increases four times — four separate six month terms effective January 1, 2010,
January 1, 2011, July 1, 2011 and January 1, 2012, on the basis that allowing the scheduled water
Ordinance No. 541 -12
Water Capacity Charge
Page 1
capacity charge increase would contribute to adverse impacts on development within the
District's boundaries by increasing the costs of new development.
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, 2012, until January 1, 2013.
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, 2013.
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 5th day of July, 2012, by the following vote:
AYES: Cefalu, Vogelgesang, Sheehan, Schafer
NOES: aoms
ABSENT: None
Eric Schafer, P-esid¢,fit
South Tahoe Public Utility District
ATTEST: �IV A _ ,�
Kathy Sharp erk of the :: and
Ordinance No. 541 -12
Water Capacity Charge
Page 2