Ordinance No. 542-12 - SupersededORDINANCE NO. 542-12
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. 538-12 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
increase in the District's sewer 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.
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. 542 -12
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.
3. By Ordinances 538.12, 534 -11, 527 -10, and 518 -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
sewer capacity charge increase would contribute to adverse impacts on development within the
District's boundaries by increasing the costs of new development.
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.
6. This ordinance is designed to postpone the increase to the sewer capacity charge
scheduled to occur on July 1, 2012, until January 1, 2013.
7. 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.
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.
Ordinance No. 542 -12
Sewer Capacity Charge
Page 2
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
Administrative Code Section 4.5.7 to be amended as follows:
1. Schedule No. 1 —
Sewer Capacity Fee, July 1, 2010 - $4,930.00
a. Periodic Adjustments: 16% on January 1, 2013, July 1, 2014, and
January 1, 2015.
SECTION VI — ADMINISTRATION
1. The effective date of this Ordinance is July 5, 2012.
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.
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.
Ordinance No. 542 -12
Sewer Capacity Charge
Page 3
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:
Jones
ABSENT: None
ATTEST:
4. /L .�
Kat y Sharp j' lerk of the :'oard
Ordinance No. 542 -12
Sewer Capacity Charge
Page 4
Eric Schafer, IPresiijnt
South Tahoe Public Utility District