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Resolution No. 3152-20 COVID-19 Rate Relief1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 3152-20 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING A TEMPORARY SEWER RATE RELIEF PROGRAM IN RESPONSE TO THE COVID-19 PANDEMIC EMERGENCY WHEREAS, the state of California and El Dorado county issued multiple orders to shelter in -place, restrict and/or close businesses , limit travel, and prohibit evictions, all in response to the COVID-19 pandemic; and, WHEREAS, the Lake Tahoe Basin is heavily dependent on tourism, with a majority of visitors to the area originating from communities in Northern California and beyond that have been heavily impacted by the COVID-19 pandemic; and WHEREAS, nearly all businesses, and the owners and employees of those businesses, located within the District's service area have been negatively affected by the economic impacts of the COVID-19 pandemic; and WHEREAS, the District's sewer services are generally funded through customer rates and service charges that cannot be utilized to fund customer assistance programs as a result of applicable legal requirements, including Proposition 218; and WHEREAS, the District receives property tax and other revenue that may be used for any lawful public purpose, including funding customer assistance programs, since property tax revenues and certain other revenues are not subject to Proposition 218 limitations; and WHEREAS, the Board of Directors desires to create a program to provide temporary financial relief from sewer bills ("Temporary Sewer Rate Relief Program") that will be available to all commercial customers, all multi -family customers, and single family dwelling customers whose primary residence is located within the District's service area; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the reduction in rate revenue to the District from the Temporary Sewer Rate Relief Program can be accommodated without adversely affecting the sewer enterprise fund and district -wide operations or capital improvement programs; and WHEREAS, the Board of Directors desires to fund the Temporary Sewer Rate Relief 11 Program with property tax revenues and may consider utilizing other District funds which 11 are not subject to Proposition 218 limitations. NOW THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The following Temporary Sewer Rate Relief Program is adopted: a. The District staff shall prepare an application form for eligible customers to apply for rate relief for their sewer bill; b. Eligible customers include all commercial customers, all multi -family customers, and single family dwelling customers whose primary residence is located within the District's service area. c. Eligible customers may apply any time from the effective date of this Resolution until October 30, 2020. d. In order to qualify for the sewer bill rate relief, eligible customers must reasonably demonstrate in their application that they have been adverssely impacted by the COVID-19 pandemic. e. Qualifying customers shall receive a fifty percent (50%) reduction in their sewer bill for one quarter, in either the third or fourth calendar quarter in 2020 or the first calendar quarter in 2021. The rate relief is only available in the form of a credit, no refunds will be issued. 2. Funding for the Temporary Sewer Rate Relief Program shall be from revenue not subject to Proposition 218 limitations including, but not limited to, property tax revenue, penalties, interest, rents and sale of hay. 3. That the Board of Directors of the South Tahoe Public Utility District may extend the Temporary Sewer Rate Relief Program for an additional time periods) by adopting a motion at a Board of Director's meeting. 4. This Resolution shall take effect upon its adoption by the Board of Directors. Resolution No. 3152-20 Page 2 September 3, 2020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WE THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 3rd day of September 2020, by the following vote: AYES: CEFALU, WALLACE, VOGELGESANG, SHEEHAN, EXLINE NOES: NONE ABSENT: NONE 10'r,. Ran ogelgesang, Board President South Tahoe Public Utility District ATTEST: - Melonie Guttry, Clerk of the ebard South Tahoe Public Utility District Resolution No. 3152-20 Page 3 September 3, 2020