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Ordinance No. 545-13 i � ORDINANCE NO. 545-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 6.1.2 REGARDING THE BILLING OF WATER SERVICE CHARGES BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION I — POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding the billing of water service charges. SECTION II — DEFINITIONS For the purpose 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 Ordinance of the District, and provide the public with guidelines � appficable to District operations. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. The District's Administrative Code provides that water service charges be billed in advance for each billing period. 2. The provisions of the DistricYs Administrative Code regarding the billing of water service charges were implemented when all District water service customers were billed on a flat fee basis. However, at present all of the District's commercial water customers are billed pursuant to a metered rate and, pursuant to California law, all residential customers receive metered water service or will receive metered water service by 2025. 3. California law requires that customers receiving metered water service be charged based on their water consumption. 4. While it was appropriate to bill customers receiving water service pursuant to a flat fee charge in advance, customers cannot be billed based on their actual water consumption in advance of their water use. � 5. The proposed amendment is intended to make clear that customers receiving metered water service and billed based on water consumption will be billed in arrears according to the District's meter reading schedule. i Ordinance 545-13— Page 2 � 6. The Board has determined that it is in the best interest of the DistricYs customers to adopt an ordinance amending certain provisions of the Administrative Code regarding the billing of water service charges. SECTION IV—AMEND SECTION 6.1.2 OF THE ADMINISTRATIVE CODE Administrative Code Section 6.1.2(a) is to be amended as follows: 6.1.2 Billin_q of Water Service CharQes. Water Service charges, as provided in Sections 3.1.23 through 3.1.55, inclusive, shall be billed as follows: a) General. Except, as otherwise provided in this Section 6.1.2., annual flat rate water service charges shall be billed in advance for the billing period, as determined by the District. Metered water rate service charges shall be billed in arrears as determined by the District. 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 any section, subsection, subdivision, paragraph, sentence, clause or phrase 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, clause or phrases may be determined to be unconstitutional or invalid. SECTION VI — EFFECTIVE DATE This Ordinance amending the above referenced section to the Administrative Code shalt 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 7th day of February, 2013, by the following vote: AYES: Cefalu, Jones, Vogelgesang, Sheehan, Schafer NOES: None ABSENT: None Eric Schafer, Presiddnt � South Tahoe Public Utility District ATTEST��t, Kathy Shar Clerk of the oard