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Ordinance No. 554-14 - Superseded ORDINANCE NO. 554-14 AN ORDINANCE OF TI3E SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING RE-E5TABLISHING PRIOR WATER CAPACITY CHARGES AND AMENDING ADMINISTRATIVE CODE SECTIONS 3.1.49 (a) and(e) AND SUPERSEDING ORDINANCE NO. 551-13 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 re-establish the District's prior water capacity charges at the amounts that were in effect on December 31, 2013 rather than allowing the January 1, 2014 increase to continue. 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 recently provided for an increase in the District's water capacity charge that took place on January 1, 2014. 3. The Board finds that allowing the January 1, 2014 water capacity charge increase to continue in effect could contribute to the adverse impacts on development within the District's boundaries by increasing the costs of new development. 4. By Ordinances 551-13, 547-13, 541-12, 537-12, 533-1 l, 526-10, and �19-10 the Board postponed the scheduled increases seven times—seven separate six month terms effective January 1, 2010, January 1, 2011, July l, 2011, January 1, 2012, July 1, 2012, January 1, 2013 Ordinance No.554-14 Water Capacity Charge Page 1 and July 1, 2013 on the basis that allowing the scheduled water capacity charge increase would contribute to adverse impacts on development within the District's boundaries by increasing the costs of new development. 5. This proposed amendment to the District's Administrative Code is designed to re-establish the District's prior water capacity charge at the amounts that were in effect on December 31, 2013 rather than allowing the January 1, 2014 increase to continue. 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 Sections 3.1.49(a) and (e) are amended in their entirety as follows: 3.1.49(a) Water Capacity Charge: 3/ inch capacity charge $ 6,833.00 1 inch capacity charge $11,389.00 1 %2 inch capacity charge $22,772.00 2 inch capacity charge $36,436.00 3 inch capacity charge $72,872.00 4 Inch capacity charge $113,863.00 6 inch capacity charge $227,726.00 8 inch capacity charge $409,907.00 10 inch capacity charge $660,405.00 12 inch capacity charge $979,221.00 16 inch capacity charge $1,821,807.00 3.1.49(e). Periodic Adjustments: None. 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 sections 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 2nd day of January, 2014,by the following vote: Ordinance No. 554-14 Water Capacity Charge Page 2 AYES: Cefalu, Vogelgesang, Schafer NOES: Jones ABSENT: Sheehan Eric Schafer, Pr ide - � South Tahoe Public ility District ATTEST: Melonie Guttry, Clerk of the Board Ordinance No. 554-14 Water Capacity Charge Page 3