Ordinance No. 188ORDINANCE NO. 188
AN ORDINANCE REGULATING THE ANNEXATION OF
TERRITORY TO SOUTH TAHOE PUBLIC UTILITY DISTRICT
AND ESTABLISHING FEES THEREFOR AND AMENDING AND
SUPERSEDING ORDINANCES NOS. 51, 98 and 183
BE IT ENACTED by the Board of Directors of South Tahoe Public Utility
District, County of E1 Dorado, State of California, as follows:
1. PURPOSE: The purpose of this Ordinance shall be to provide for
the payment of a fixed or determinable amount of money, either as a lump sum or in
installments, as an annexation fee, for the acquisition, transfer use or right of use
of all or any part of the existing property, real or personal of South Tahoe Public
Utility District by the territory hereinafter annexed to the District, and to provide
for the terms and conditions of any such annexations.
2. ANNEXATION FEE (New Territory): The owner of territory which has
not been previously petitioned for inclusion by annexation to said District in any
proceedings for annexation to said District shall prior to the time of connection to
the District's system of such territory, pay to South Tahoe Public Utility District an
annexation fee, except as hereinafter provided in subsection d., equal to the sum of:
a. Per acre annexation fees:
(1) If the petition for annexation is filed with said District during
the calendar year 1969, $700.00, per acre;
(2) If the petition for annexation is filed with said District after
1969, $1,500.00, per acre;
(3) In the event that the territory per acre annexation fee is less
than $700.00, as computed in Paragraph a. (1) and (2) hereof, the
minimum parcel annexation fee shall be $700.00, after the year 1968.
b. 'A sum equal to the assessment that would have been levied by the
South Tahoe Public Utility District for the construction of the sanitary
sewerage system of any improvement or assessment district which will
serve said territory had the proposed territory to be anhexed been in-
cluded in said assessment or improvement district at the time of formation
of said assessment or improvement district, or in the event said territory
is included within a separate assessment or improvement proceeding at the
time of annexation, such special assessment charge as may be deter-
mined in accordance with the assessment proceedings.
c. The cost of installation of a lateral or laterals or sewerage system to
serve the individual territory proposed to be annexed.
d. If territory annexed is zoned agricultural or recreational and is put to
some interim use, not requiring residential, commercial, or industrial
zoning, and in connection with said interim use requires sewer service
to any portion of the territory only ten percent (10To) of the annexation
fee in this Section 2 provided shall be payable prior to the time of con-
nection to the District's system for such interim use. Upon a change of
use of said territory from such interim use, to a use requiring residential,
commercial or industrial zoning, the remaining ninety percent (90To) of the
annexation fee shall be payable prior to any change or extension or
connection to the use requiring residential, commercial, or industrial
zoning.
3. ANNEXATION FEE (Previously Excluded Territory): The owner of
territory which was petitioned to be included in the original boundaries of the South
Tahoe Public Utility District at the time of formation of said District and upon appli-
cation by the then owner or owner's agent of said territory excluded from the proposed
original boundaries of said District, or the owner of territory which was thereafter
petitioned for inclusion by annexation to said District in any proceedings for annex-
ation to said District, and excluded from said proposed annexation upon application by
the then owner or owner's agent shall, prior to the annexation of said territory pay to
the South Tahoe Public Utility District an annexation fee equal to the sum of the
following:
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a. An amount equal to the average tax rate of said District, from the time
said territory proposed to be annexed was first excluded (as stated in
Section 3 above) from said District, times the present assessed value
including land, improvements and personal property less exemptions.
b. All engineering, legal administrative and incidental costs of said
annexation;
c. A sum equal to the assessment that would have been levied by South
Tahoe Public Utility District for the construction of sanitary sewerage
system of any improvement or assessment district which will serve said
territory had the proposed territory to be annexed been included in said
improvement or assessment district, or in the event said territory is
included within a separate assessment or improvement proceeding at the
time of annexation, such special assessment charge as may be determined
in accordance with the assessment formula utilized i% said assessment
proceeding s.
d. The cost of the installation of a lateral or laterals to serve the individual
lot, parcel or piece of territory proposed to be annexed;
e. Other non-sewerage service charges for which said lot, parcel or piece
of territory proposed to be annexed would otherwise have been liable.
4. OBLIGATIONS ASSUMED BY ANNEXED TERRITORY: Ali;er the effective date
of annexation of territory to the District, said territory shall be liable for payment of
principal, interest and any other amounts which shall become due on account of any
outstanding or then authorized but thereafter issued bonds, including revenue bonds,
or other contracts or obligations of said District, and said territory shall be further
subject to the levying or fixing and collection of (i) taxes or assessments, or (ii)
service charges, rentals or rates, or (iii) both, as may be necessary to provide for
such payments.
5. ANNEXATION TERMS AND CONDITIONS: The annexation of territory
may provide for, or be made subject to, one or more of the terms and conditions of
Section 56470 of the Government Code of the State of California, as said Section
now exists, or is hereafter amended, and may further provide or be subject to any
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term and condition of the District Reorpanization Act of 1965, as now amended or is
hereafter amended.
6. ANNEXATION OF PREVIOUSLY EXCLUDED TERRITORY: It is tn the best
interests of the District that no territory which was petitioned to be included in the
oripinal boundaries of the South Tahoe Public Utility District at the time of formation
of said District and upon application by the then owner or owner's apent of said
territory excluded from the proposed oripinal boundaries of said District, or which was
petitioned for inclusion by annexation to said District in any proceedinws for annex-
ation, and thereafter excluded from the proposed application by the then owner or
owner's apent, be annexed to the District unless all of such previously excluded terr-
itory owned by any one owner, or under one ownership is annexed to the District at
one time.
7. RELIEF UPON APPLICATION: When any person by reason of special
circumstances is of the opinion that any provision of this Ordinance is unjust or
inequitable as applied to annexation to the District of territory owned by said person,
he.-may make written application to the Board of Directors of the District, statin9 the
special circumstances, citin9 the provision complained of, and request modification
of the provision as applied to his territory. If such application be approved, the
Board by Resolution may modify the provisions complained of, as applied to such
territory.
8. SEPARABILITY: If any section, subsection, sentence, clause or phrase
of this Ordinance, or the application thereof to any person or circumstance, is for any
reason held to be unconstitutional or invalid, such decision shall not affect the
validity of the remainin9 portions of this Ordinance or the application of such provisions
to other persons or circumstances. The Board hereby declares that they would have
passed this Ordinance or any section, subsection, sentence, clause or phrase hereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared to be unconstitutional.
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9. AMENDMENT__.'. This Ordinance amends and supersedes in total, from
the effective date hereof, all of the provisions set forth in Ordinances Nos. 51, 98
and 183, heretofore enacted by the Board of Directors of South Tahoe Public Utility
District, County of E1 Dorado, State of California.
10. EFFECTIVE DATE_: Upon adoption, this Ordinance shall be posted in
three (3) public places at least seven (7) days prior to the expiration of thirty (30)
days from the date of its passage, and shall be published in the Tahoe Daily Tribune,
a newspaper of general circulation printed and published in the District, at least
seven (?) days prior to thirty (30) days from the date of its passage and shall take
effect upon the expiration of thirty (30) days from the date of its adoption.
PASSED AND ADOPTED this 17 day of [uly 1969, at a regular meeting of the
Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT by the following vote:
AYES: Directors Fesler, Hegarty and Ream
NOES:
ABSENT
None
Directors %Afakeman and Kortes
~oobert Iq. Fesler, President of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
~David lq. Callaha~-, Clerk and Ex-
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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CERTIFICATE OF ORDINANCE
STATE OF CALIFORNIA )
)ss
COUNTY OF EL DORADO )
I, DAVID W. CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC UTILITY
DISTRICT, County of E1 Dorado, State of California, and ex-officio Secretary
of the Board of Directors thereof, do hereby certify that the attached Ordinance
No. 188, is a true, full and correct copy thereof, and that said Ordinance
was duly adopted by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY
DISTRICT at a regular meeting of the Board of Directors, duly held on the 17th,
day of July, 1969, and that the original of said Ordinance is on file in the
office of said SOUTH TAHOE PUBLIC UTILITY DISTRICT.
Said Ordinance was passed and adopted by the following vote of the
members of the Board of Directors:
AYE S:
NOES:
ABSENT:
Directors Fesler, Hegarty, Ream
None
Directors Kortes and Wakeman
(SEAL)
David W. Callahan, Clerk of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT
and Ex-Officio Secretary of the Board of
Directors thereof