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Ordinance No. 549-13 � ORDINANCE N O. 549-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING WATER CAPACITY CHARGES FOR DOMESTIC WATER SERVICE AND AMENDING ADMINISTRATIVE CODE SECTION 3.1.24(a) 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 define the water capacity charges for domestic service for all customer classes. 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. Capacity Char�e - A charge to pay for a public agency's facilities in existence at the time the charge is imposed or to pay for new facilities that will be constructed in the future that are of benefit to the person or property being charged. 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 method for calculating domestic water capacity charges for properties with greater than one water capacity unit (416 gallons) is difficult to accurately estimate. 2. The Administrative Code requires a two year monitoring period for properties with greater than one water capacity unit. The monitored data is compared to the original � estimate to determine if the original estimated charge is to be increased or decreased. Ordinance No.549-13 Water Capacity Charge Page 1 � 3. The Board finds that the current method is inconsistent with the method used to calculate residential domestic water capacity charges, and believes the charge should be based on the capacity available to the customer through the requested connection size. 4. This Ordinance's proposed amendment to the District's Administrative Code is designed to standardize the methodology for calculating domestic water capacity charges by applying the schedule of charges per connection size developed in the 2006 Water Capacity Charge Study to all customer classes. 5. 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 3.1.24(a) OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.24(a) to be amended as follows: 3.1.24(a). Water Capacity Charge for pomestic Water Service. Refer to Section 3.1.49(a) for the domestic water capacity charge by connection size. 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 21 st day of February, 2013, by the following vote: AYES: Jones, Vogelgesang, Sheehan, Schafer NOES: None ABSENT: C�falu Eric Schafer, P si t South Tahoe Public Utility District � ATTEST:< Kathy Sha ; lerk of the oard Ordinance No. 549-13 Water Capacity Charge Page 2