Ordinance No. 560-15 - Amending and Superseded ORDINANCE NO. 560-15
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
RE-ESTABLISHING PRIOR SEWER CAPACITY CHARGES AND
AMENDING ADMINISTRATIVE CODE SECTIOI�T 4.5.7 AND
SUPERSEDING ORDINANCE NO.�55-14 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 sewer capacity charge at the amount that was in effect on December 31, 2008.
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. General Mana�er—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.560-15
Sewer Capacity Charge
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SECTION III—FINDINGS
The Board of Directors of the South Tahoe Public Utility District, El Dorado County,
State of California, rriakes the following findings:
1. The District's sewer capacity charges were previously determined to be less than
the cost of providing such capacity by a comprehensive study authorized by the Board. On this
basis, the Board previously adopted Ordinance 502-08, which set the District's sewer capacity
rates in order to reflect the actual cost of providing the services for which the charges are
imposed.
2. Recognizing that the costs of providing services would increase,
Ordinance 502-08 additionally prov�ded for a mechanism pursuant to which an increase in the
District's sewer capacity charge would take place on January 1 of each year from 2009 through
2013.
3. By Ordinances 552-13, 548-13, 542-12, 538-12, 534-11, 527-10, and 518-10, the
Board postponed the scheduled increases seven times—seven separate six month terms effective
January 1, 2010, January 1, 2011, July 1, 2011, January 1, 2012, July 1, 2012, January 1, 2013
and July 1, 2013, on the basis that allowing the scheduled sewer capacity charge increase would
contribute to adverse impacts on development within the District's boundaries by increasing the
costs of new development.
4. By 4rdinance 555-14,the Board re-established the District's sewer capacity
charge that was in effect on December 31, 2013 instead of allowing the January 1, 2014 sewer
capacity charge increase to continue.
4. The Board finds that the current economic climate may still be adversely
impacting new development within the District's boundaries.
5. The Board finds the District's current sewer capacity charge established by
Ordinance 555-14,may contribute to the adverse impacts on development within the District's
boundaries by increasing the cost of new development.
6. This amendment to the District's Administrative Code is designed to re-establish
the District's prior sewer capacity charge at the amount that was in effect on December 31,
2008.
7. The Board has determined that it is in the best interest of the health and safety of
District's residents to re-establish the District's sewer capacity charge at the amount that was in
effect on December 31, 2008.
SECTION IV—SEWER FEES, RATES AND SCHEDULES
Administrative Code Section 4.5.7 is amended in its entirety as follows:
1. Schedule No. 1 —
Sewer Capacity Fee- $3,660.00
a. Periodic Adjustments: None.
Ordinance No. 560-15
Sewer Capacity Charge
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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 7th day of May,2015,by the followin,g vote:
AYES: Cefalu, Vogelgesang, Sheehan, Wallace
NOES: None
ABSENT: Jones
Randy Vogelgesang, President
South Tahoe Public Utility District
ATTEST:
Melonie Guttry, lerk of the Boaxd
Ordinance No.560-15
Sewer Capacity Charge
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