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585-22 Setting Water Capacity Charges and Sewer Fees ORDINANCE NO. 585-22 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT SETTING WATER CAPACITY CHARGES AND SEWER CONNECTION FEES AND AMENDING ADMINISTRATIVE CODE SECTIONS 3.1.49(e),4.5.10 AND APPENDIX FEE SCHEDULE SECTION 4.5.7 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 adjust sewer connection fees and to change the date of periodic adjustments to water capacity charges and sewer connection fees. 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 and Sewer 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. SECTION III—FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. The District's water capacity charges and sewer connection fees were previously determined to be less than the cost of providing such capacity so the District increased the water capacity charges and sewer connection fees in order to reflect the actual cost of providing the services for which such charges and fees are imposed. 2. The District previously established that water capacity charges and sewer connection fees will be automatically adjusted on July 1st of each year by a percentage equal to the change in construction costs since the prior fiscal year based upon Engineering News Record (or similar publication) construction cost index. 3. The District collects the majority of water capacity charges and sewer connection fees during the local building season between May 1st and October 15th of each year. 4. The District determined that adjusting water capacity charges and sewer connection fees during the building season is confusing to District customers and not in the best interest of the District. 6. The Board has determined that it is in the best interest of the District's customers to automatically adjust the District's water capacity charges and sewer connection fees on January 1st of each year. SECTION IV—WATER CAPACITY CHARGE APPENDIX Administrative Code Appendix Fee Schedule, Section 3.1.49(e) shall be amended in its entirety as follows: 3.1.49(e) Period Adjustments: The water capacity charges in sections 3.1.49(a) and (c) of the Administrative Code shall automatically be adjusted on January 1st of each year by a percentage equal to the change in construction costs since the prior fiscal year based upon Engineering News Record(or similar publication) construction cost index. SECTION V—SEWER CONNECTION FEES Administrative Code Section 4.5.10 is amended in its entirety as follows: 4.5.10 Periodic Adjustment. The sewer connection fees in Administrative Code Appendix section 4.5.7 shall automatically be adjusted on January 1st of each year by a percentage equal to the change in construction costs since the prior fiscal year based upon Engineering News Record (or similar publication) construction cost index. SECTION VI—SEWER CONNECTION FEES APPENDIX Administrative Code Appendix Fee Schedule, Section 4.5.7 shall be amended in its entirety as follows: 4.5.7 Residential Connection Fee $4.14 per square foot Residential Addition $4.14 per square foot in excess of 500 Commercial Connection Fee $755.00 per plumbing fixture unit Restaurant Connection Fee $944.00 per indoor seat 1 —20 $189.00 per indoor seat 21 and over $000.00 per outdoor seat 1 —20 $94.00 per outdoor seat 21 and over SECTION VII—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 VIII—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 17th day of November, 2022,by the following vote: AYES: Sheehan, Romsos , Peterson, Exline NOES:None ABSENT: Cefalu / I I/ KellyS i-' an, Presi nt South Tahoe Public Utility District ATTEST: Meloriie Guttry, lerk of the oard South Tahoe Public Utility District