Ordinance No. 576-19 Repealing Street LightingORDINANCE NO. 576-19
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
REPEALING ALL PRIOR ORDINANCES AND DELETING SECTION 5 OF
THE ADMINISTRATIVE CODE REGARDING 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 repeal all prior Ordinances and delete Section
5 of the Administrative Code regarding street lighting.
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 Section 5 of the Administrative Code;
2. The District does not provide street lighting services, but instead provided
billing services for Liberty Utilities. The District invoiced and collected revenue from
certain customers benefiting from the street lights and then remitted the revenue to
Liberty Utilities in connection with Liberty Utilities street lighting services;
3. The District has determined that its provision of billing services related to
Liberty Utilities' street lighting services is unnecessary and confusing to its water and
sewer customers receiving street lighting services from Liberty Utilities;
4. On August 19, 2019, the District notified affected water and sewer
customers that the District will no longer be billing their account for street light services,
effective October 1, 2019;
5. On August 2, 2019, the District notified Liberty Utilities that its street
lighting account should be terminated, effective October 1, 2019, and that the District
would no longer send invoices to the District's water and sewer customers that receive
street lighting services from Liberty Utilities; and,
6. The repeal of all prior Ordinances and the deletion of Section 5 of the
Administrative Code regarding street lighting is in the best interest of the District and its
water and sewer customers.
SECTION IV — REPEAL ALL PRIOR ORDINANCES AND DELETE SECTION 5
OF THE ADMINISTRATIVE CODE REGARDING STREET LIGHTING
All prior Ordinance of the District relating to street lighting are repealed and
Section 5 of the Administrative Code is deleted.
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 repealing all prior Ordinances and deleting Section 5 of the
Administrative Code regarding street lighting shall take effect thirty days after its
passage.
Ordinance No. 576-19
Repeal of Street Lighting Ordinances
Page 2
PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 19th day of December, 2019, by the
following vote:
AYES: CEFALU, JONES, VOGELGESANG, SHEEHAN, EXLINE
NOES: NONE
ABSENT: NONE
Xl-���
Randy Voge gesang, President
South Tahoe Public Utility District
ATTEST:
Melonie Guttry, Clefk of the Ba6ard
Ordinance No. 576-19
Repeal of Street Lighting Ordinances
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