Ordinance No. 555-14 - Superseded ORDINANCE NO. 555-14
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
RE-ESTABLISHING PRIOR SEWER CAPACITY CHARGES AND
AMENDING ADMINISTRATIVE CODE SECTION 4.5.7 AND
SUPERSEDING ORDINANCE NO. 552-13 IN ITS ENTIRETY
Be it enacted by the Board of Directors af the South Tahoe Public Utility District, County
of El Dorado, State of California, as follows:
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SECTION I- POLIICY AND PURPOSE
The purpose of this Ordinance is to amend the Administrative Code to re-establish the
District's prior sewer capacity charge at the amount that was 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 t rms used herein are defined as follows:
A. The District—The South Tahoe blic Utility District.
B. The Board—The Board of Direct rs 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, a d 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.
Ordinance No.555-14
Sewer Capacity Charge
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SECTION II�—FINDINGS
The Board of Directors of the South Tah�e Public Utility District, El Dorado County,
State of California, makes the following finding�:
1. The District's sewer capacity cha}�ges were previously determined to be less than
the cost of providing such capacity by a comprel�ensive study authorized by the Board. On this
basis, the Board previously adopted Ordinance Sj02-08, which set the District's sewer capacity
rates in order to reflect the actual cost of providi' g the services for which the charges are
imposed.
2. Recognizing that the costs of pro iding services would increase,
Ordinance 502-08 additionally provided for a m chanism pursuant to which an increase in the
District's sewer capacity charge would take plac on January 1 of each year from 2009 through
2013.
3. By Ordinances 552-13, 548-13, 5 2-12, 538-12, 534-11, 527-10, and 518-10, the
Board postponed the scheduled increases seven 'mes—seven separate six month terms effective
January 1, 2010, January 1, 2011, July 1, 2011, anuary 1, 2012, July 1, 2012, January 1, 2013
and July 1, 2013, on the basis that allowing the s heduled sewer capacity charge increase would
contribute to adverse impacts on development w thin the District's boundaries by increasing the
costs of new development.
4. The Board finds that the current onomic climate may still be adversely
impacting new development within the District' boundaries.
5. The Administrative Code recentl provided for an increase in the District's sewer
capacity charge that took effect on January 1, 20 4.
6. The Board finds that allowing the January 1, 2014 sewer capacity charge increase
to continue in effect could contribute to the adve se impacts on development within the District's
boundaries by increasing the costs of new devel pment.
7. This amendment to the District's dministrative Code is designed to re-establish
the District's prior sewer capacity charge at the mount that was in effect on December 31, 2013
rather than allowing the January 1, 2014 increas to continue.
8. The Board has determined that it s in the best interest of the health and safety of
District's residents to postpone the scheduled in rease in the District's sewer capacity charges.
SECTION IV—SEWER FEE ,RATES AND SCHEDULES
Administrative Code Section 4.5.7 is am nded in its entirety as follows:
1. Schedule No. 1 —
Sewer Capacity Fee, $4,930.00
a. Periodic Adjustments: N ne.
Ordinance No.555-14
Sewer Capacity Charge
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SECTION V— EVERABILITY
If any section, subsection, subdivision,p agraph, sentence, clause or phrase of this
Ordinance and its implementing rules and regul tions is for any reason held to be
unconstitutional or invalid, such decision shall n t 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, subdiv sion,paragraph, sentence, clause or phrase
thereof of this Ordinance and its implementing les and regulations and the Administrative
Code irrespective of the fact that any one or mo sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases may b determined to be unconstitutional or invalid.
SECTION VI—E FECTIVE DATE
This Ordinance amending the above refe enced section of the Administrative Code shall
take effect thirty days after its passage.
PASSED AND ADOPTED by the Boar of Directors of the South Tahoe Public Utility
District at its duly held regular meeting on the 2 d day of January, 2014,by the following vote:
AYES: Cefalu, Vogelgesang Schafer
NOES: Jones
ABSENT: Sheehan
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Eric Schafer, P esid
South Tahoe Public Utility District
ATTEST:
Melonie Guttry, Clerk of the oard
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Ordinance No. 555-14 �
Sewer Capacity Charge �
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