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Ordinance No. 574-19 Street LightsORDINANCE NO. 574-19 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ORDINANCES NO. 404 AND 361 AND SECTIONS 5.1.5, 5.1.6, 5.1.7AND 5.1.8 OF THE ADMINISTRATIVE CODE REGARDING SERVICE CHARGE RATES FOR STREET LIGHTING 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 1 — POLICY AND PURPOSE The purpose of this Ordinance is to provide a schedule of service charge rates for street lighting services provided by Liberty Utilities. SECTION II — DEFINITIONS For the purpose of this Ordinance, the terms used in this ordinance 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. Liberty Utilities- An investor owned public utility subject to the jurisdiction of the California Public Utilities Commission SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, make the following findings: 1. Liberty Utilities owns, maintains and operates certain street lights subject to this Ordinance and sends the District an invoice for the cost of electricity consumed by the street lights. 2. The District does not provide street lighting services, but instead provides billing services for Liberty Utilities. The District invoices and collects revenue from certain customers benefiting from the street lights and then remits the revenue to Liberty Utilities in connection with Liberty Utilities street lighting services. As a result, the service charge rates for street lighting are exempt from the requirements of Proposition 218. 3. Liberty Utilities has notified the District of the costs to provide electricity for the street lighting on an annual basis per lineal foot of lands abutting upon a public street serviced with street lighting facilities are as follows: a. Pioneer Village Area is $2.85 per year per lineal foot; b. Bijou Area is $.80 per year per lineal foot; C. South Y Area is $1.68 per year per lineal foot; and, d. Ski Run Area is $1.68 per year per lineal foot. 4. The proposed amendment is necessary due to rate increases by Liberty Utilities as approved by the California Public Utilities Commission. The increase in the service charge rates for street lighting will meet Liberty Utilities' costs and expenses for furnishing electricity in connection with its street lighting services in the above areas. SECTION IV — AMEND ORDINANCE NUMBERS 404 AND 361 AND SECTIONS 5.1.5, 5.1.6, 5.1.7 AND 5.1.8 OF THE ADMINISTRATIVE CODE Ordinance numbers 361 and 404 and the sections 5.1.5, 5.1.6, 5.1.7 and 5.1.8 of the Administrative Code shall be amended to reflect the following street lighting service charge rate schedules: Street Lighting Rate Schedules Section 5.1.5 Schedule 1 Ski Run Area is $1.68 per lineal foot Section 5.1.6 Schedule 2 Pioneer Village Area is $2.85 per lineal foot Section 5.1.7 Schedule 3 Bijou Area is $.80 per lineal foot Section 5.1.8 Schedule 4 South Y Area is $1.68 per lineal foot Ordinance No. 574-19 Street Lighting Rate Schedules Page 2 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 adding the above referenced sections to the Administrative Code shall take effect 30 days after its passage. PASSED AND ADOPTED the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 20th day of June 2019, by the following vote: AYES: JONES, VOGELGESANG, SHEEHAN, EXLINE NOES: NONE ABSENT: CEFALU -57 G - Randy Vogelgesang, President South Tahoe Public Utility District ATTEST: 7&411� Melonie Guttry, Clerk of t card Ordinance No. 574-19 Street Lighting Rate Schedules Page 3