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Ordinance No. 543-12 � ORDINANCE NO. 543-12 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING WATER CAPACITY CHARGES FOR PRIVATE FIRE PROTECTION BY AMENDING ADMINISTRATIVE CODE SECTION 31.49 (C) AND SUPERSEDING ORDINANCE 497-06 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 1 —POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding water capacity charges for private fire protection. 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. Fire Marshall—The Fire Marshall of El Dorado County, California or the Fire Marshall of South Lake Tahoe, California. SECTION III—FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, make the following findings: 1. The State of California has implemented changes to their Fire Codes, effective on January 1, 2012, which require the installation of fire sprinklers in all newly constructed homes. 2. The local Fire Marshalls will require private fire service connections � consistent with the Fire Codes, as amended. Ordinance No. 543-12 Water Capacity Charges for Private Fire Protection � Page 2 3. Prior to June 16, 2011, the District's Administrative Code reflected a practice pursuant to which private fire service connections were required based on the square footage of construction, impacting a small percentage of new development. 4. Due to the broad impact of the new Fire Code provisions, and the District's Administrative Code requiring the assessment of a capacity chazge to a new fire service connections whenever required by the Fire Code, the District Board of Directors directed staff to evaluate the methodology of the water capacity charges for private fire protection service as developed in the 2006 Water Capacity Charge Study. 5. The new methodology assumes the impact to the District's water system from private fire protection is from the incremental increase in gallons per minute (gpm) related to servicing 20 gpm sprinklers, and assumes the cost of public fire protection via hydrants are adequately being recovered through rates or general water capacity charges. 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 water capacity charges for private fire protection. SECTION IV—AMEND SECTION 3.1.49 (C) OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.49 (c)to be amended as follows: 3.1.49 Private Fire Protection Service For Sprinklers. (c) Connection Size Char�e 1.00 inch $48.00 1.50 inch $95.00 2.00 inch $152.00 3.00 inch $305.00 4.00 inch $477.00 6.00 inch $953.00 8.00 inch $1,715.00 10.00 inch $2,764.00 12.00 inch $4,098.00 16.00 inch $7,624.00 � Ordinance No. 543-12 Water Capacity Charges for Private Fire Protection � Page 3 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 VII—EFFECTIVE DATE This Ordinance amending the above referenced sections to the Administrative � Code shall take effect thirty days after its passage. PASSED AND ADOPTED the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 20th day of December, 2012, by the following vote: AYES: Cefalu, Jones, Vogelgesang, Sheehan, Schafer NOES: None ABSENT: None Eric Schafer, Presi ent South Tahoe Public Utility District ATTEST: Kathy Sh , Clerk of th Board � • TAHOE DAILY Proof and Statement of Publication Ad #: 8778421 D ORDINANCE NO.543-12 � AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING WATER CAPACITY CHARGES FOR PRIVATE FIRE PR07ECT10N BY AMENDING ADMINISTRATIVE CODE SECTION 3.1.49(C)AND SUPERSEDING ORDINANCE 497-06 BE IT ENACTED Dy[he Boartl ol Oirectors of the South Tahoe PuDlic Utility p District,County of EI Doratlo,State of California,as follows: i f.O. Box 1888 Carson City, NV 89702 SEC710N1-POLICYANDPUHPOSE ,� (775) 881-1201 FAX: (775) 887-2408 The purpose af ihis Ortlinance is to atlopt certain amentlments to the li Administrative Cotle regarding water capacity charges for private fire protection. SECTION II-DEflNITIONS �� Customer Account• # 1067078 Por the purposes of this Ordinance,the terms usetl herein are tlefinetl as I • tollows: Legal Account A. The District-The South Tahce Public Utiliry District. 8. The Board-The Board of Directors of the South Tahoe Public Utility South Tahoe Public Utility District o�s«��. 1275 Meadow Crest Dr C. AAminishative Cotle The compilation and codification of all of the Administiative,Wa[er,Sewer,Street Lighting antl Groundwater Management Plan Ordinances of t�e Dishict,which establish the authority antl the principles SOUTH LAKE TAHO E, CA 96150 fo�tlie decisions of the District,and provitle the puDlic with guitlelines applicaDle to District operatlons. Attn: Kathy Sharp D. Fire Marshall-T�e Fire Marshall ot EI Dorado Counry,California or the Fire Marshall of South Lake Tahoe,California. SECTION III-FINDINGS The BoarA of Directors of the South Tahoe Public UtiNty District,County of EI • Dorado,State of Califomia,make the tollowing findings: V�riLO��a L�peZ $C�,/S. t, The State of California has implemented changes to their Fire Codes, eflective on January 1,2012,which require the installation of fire sprinklers in all That (s)he is a legal clerk of the TAHOE newlyconstructedhomes. DAILY TRIBUNE, a newspaper published z• The local Fire MarsAalls will require private flre service connections consistent with the Fire CoOes.as amendetl. Wednesday, Friday, Saturday at South Lake 3. Prior to June 16,2oti,the DistricYS Administretive Cotle refiected a practice pursuant to whic�private fire service connections were reQUiretl basetl Tahoe, in the State of California. on the square footage ol construction,impacting a small percentage of new Oevelopment. Copy Line 4. Due to the Oroad impact ot the new Fire Code provisions,and the DistricPS Administrative Code requiring the assessmenl of a capaciry charge to Ord N o. 543-12 a new fire service connections whenever required by Me Fire CoAe,the District Board of Directors tlirected staft to evaluate t�e methodology of the water capacity charges for piivate liie protection service as tlevelopeG in the 2006 � Water Capaciry Charge Stuey. PO#• 5. The new methodology assumes the impact to the District's water • system from private fire protectlon Is from the incremental increase in gallons per minute(gpm)related to servicing 20 gpm sprinMers,and assumes the cost of public fire prolection via hydran[s are adequately being recoveretl through .J �i rates or general water capaciry charges. AlJ tt: 8778421 D 6. The Board has determinetl that i[is in the best interest of the health antl safery of Dishict resitlents to atlopt an ortlinance to amenA certain provisions of of which a copy is hereto attached� Was the AOministrative Code regarding water capacity charges for private fire pro[ection. published in said newspaper for the full SECTtONIV-AMENDSECTION3.1.49(C)OFTHEADMINISTRA7IVE required period of 1 time(s) commencing on CODE Atlministraeve Code Section 3.1.49(c)to be amended as foNows: 1/9/2013, and ending on 1/9/2013, all days 3.1.09PrivaleFireProtectionServiceFOrSorinklen.(c) inclusive. �o����«,S�e Charae 1.00inch 548.00 - � 1.50inch 595.00 2.00 inch 5752.00 ._.. 3.00 inch 5305.00 4.00 inch 5477.00 �� 6.00 inch S953.00 Signed: e.����h 5,,�,5.� 10.00 inch S2,764.00 12.00 inch 54,098.00 Date: 01/14/2013 State of N ada, Carson City �6.00inch 5�,624.� SECTION V-SEVERA81lITY If any section,subsection,subtlivision,paragraph.sentence,clause or phrase ot Mis Ortlinance and its implementing rules antl regulations is for any - Price• $ 366.320 reason heltl to be unconstltutional or invalid,such tlecision shall not affect Ne • validity of the remaining portions of this Ordinance or the Administrative CoCe. The Board of Directors declares and determines that it would have passed section,subsectbq subdlvislon,paragraph,sentence,clause or phrase the�eof of this Ordmance and its implementing rules and regulations and the Subscribed and sworn to before me this day Administralive CoAe irres0ective of the fact that any one or more sections, subsections,subdivisions,paragraphs,sentences,clauses or phrases may be �f determined to be unconstitutional or invalid. SECTION VII-EFFECTIVE DATE This Ordinance amentling the above referenced sections to[he Administrative Code shall take ettecl thirry tlays after its passage. PASSED AND ADOPTED t�e Board of Directors of the South Tahoe Public Utility District at its duly held�egular meeting on the 20th Aay ot December, 2012,by the following vole: AYES: Cefalu,Jones,Vogelgesang,Sheehan,Schafer NOES: None . ABSENT: None � Erlc Schafer,Presldent South Tahce Public Utllity District NOta� PUb��C ATTEST: Kathy Sharp,Clerkof the Board Pub: Janwry 9,2013 AdM8778421 AFFIDAVIT OF POSTING � State of Califomia ) )ss County of EI Dorado ) � � � . I, �l�e� G d a� , being first duly sworn, deposes and says: That for and on behalf of the Clerk of Board of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of�di"a v� �L �5'�3-I�in form attached hereto and by reference made a part hereof, in three (3) public places in the District as follows: � 1. South Tahoe Public Utility Dis�rict Administration Building 1275 Meadow Crest Drive South Lake Tahoe, CA 2. Lake Tahoe Community College One College Drive South Lake Tahoe, CA � 3. Govemment Center 1360 Johnson Boulevard South Lake Tahoe, CA That said posting was completed on the �s day of 20 �3 . � �, Signed by: Subscribed and sworn to me this /5�`- day of �c�-� Clerk of th oard 20/3 SOUTH TA OE PUBLIC UTILITY DISTRICT �