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Ordinance No. 308,!-' " JHHW:RJH:sc 03/14/80 ORDINANCE NO. _~oR AN ORDINANCE AMENDING ORDINANCE NO. 268, "AN ORDINANCE ESTABLISHING AND FIXING SPECIAL CONNECTION CHARGES FOR CONNECTIONS TO THE FALLEN LEAF LAKE TRUNK SEWER MAINS" OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT, BY AMENDING SECTIONS 4 AND 5 TO ADJUST THE BASIS AND AMOUNT OF SAID CHARGES AND BY ADDING THERETO A SPECIAL PROVISION PERTAINING TO USE OF SUMS COLLECTED FOR SAID CHARGES ESTABLISHED BY SAID ORDINANCE, IF ANY, BY REASON OF ASSESSMENTS LEVIED ON PRIVATE POSSESSORY INTEREST IN LANDS OWNED BY THE UNITED STATES FOREST SERVICE Be in enacted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, as follows: 1. That Ordinance No. 268, adopted by said Board of Directors on June 16, 1977, be and it is hereby amended as hereinafter set forth. 2. Sections 4 and 5 of said ordinance are amended to read as follows, to wit: "4. Special Connection Charge - Amount. Said special connection charge shall be collected, in addition to all other charges established by the ordinances, rules and regulations of this Utility District, in the amount of $3,215.04 per dwelling unit to be served by such connection." "5. Special Connection Charge - Adjustment. The amount of said special connection charge is based on the estimated costs of installation of the Fallen Leaf Lake trunk sewer mains, namely, $1,626,000, with eight and seven-tenths percent (8.7%) of said costs being attributed to said non-assessed properties. Accordingly, in the event the actual costs of said trunk sewer mains are greater or lesser than said estimated costs, Said special connection charge shall be proportionately increased or reduced." 3. Section 6A is added to said Ordinance, to read as follows, to wit: "6A. Forest Service permittee lands. In the event that the Board of Directors of the South Tahoe Public Utility District at any time hereafter levies a special assessment upon any privately owned possessory interests in parcels of land owned by the United States Department of Agriculture, Forest Service (as evidenced by permits issued by the Forest Serv'i'ce) within the boundaries of said Assessment District 1971-1 for the purpose of acquisition and construction of sewer facilities to provide sewerage service to said parcels of land, which acquisitions include capacity rights in the Fallen Leaf Lake trunk sewer mains (in the form of payment of a charge for such rights equivalent to the special connection charge provided for in this ordinance), then for the purposes of this ordinance said privately owned possessory interests shall not be 'non-assessed properties'. Nevertheless, the portion of the proceeds of assessments and/or bonds sold to represent unpaid assessments levied on said privately owned possessory interests which is attributable to said charge for said capacity rights shall be credited to the fund provided for in section 6 of this ordinance and shall be used in the manner specified in said section 6, provided only as follows: with respect to any sums credited to said fund pursuant to this section, same shall not be used in the manner specified in said section 6 except insofar as same can be so used without reducing the amount remaining in said fund below (a) $60,000 until the first eight annual installments of principal and interest on unpaid assessments levied upon said privately owned possessory interests have been paid in full, and (b) $30,000 until the remaining seven annual installments of principal and interest on unpaid assessments levied upon said privately owned possessory interests have been paid in full. Sums credited to said fund pursuant to this section which have not been used in the manner specified in said section 6 shall be deemed to be available funds to be used in the manner provided in Part 13 of Division l0 of the Streets and Highways Code for the purposes of paying sums due from the redemption fund for the bonds issued to represent said special assessments levied upon said privately owned possessory interests ." 4. This ordinance shall be posted in three (3) public places within said Assessment District 1971-1 and shall be published once in the Tahoe Daily Tribune, a newspaper of general circulation printed and published in the District ~x~~~eKX' ~ ATTEST: South Tahoe Public Utility District I hereby certify that the foregoing is a full, true and correct copy of an ordinance duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the 17th day of APRIL , 1980, by the following vote: AYES, and in favor thereof, Directors: OLSON, KASHUBA, MADDEN, JONES NOES, Directors: NONE ABSENT, Directors: WYNN · /~/ C~ery/~n~] ex officio sefretary outh ~hoe Public Utility District 4 AFFIDAVIT OF POSTING ORD INA/~CE NO~~ STATE OF CALIFORNIA COUNTY OF EL DORADO ) )ss ) being first duly sworn, I, CHESTER A. HORNING, deposes and says: That for and on behalf of the Clerk and ex- officio Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT affiant posted copies of ORDINANCE NO. 308 in form attached hereto and by reference made a part hereof, in three public places in the District, as follows: 1. City :of South,".L~ke Tahoe Administration Bldg. South Lake Tahoe, Ca. 2. Bijou Post office Station South Lake Tahoe, California day of 3. Tahoe Valley Post office Station South Lake Tahoe, California April 1980 , That said posting was completed on the A. Horning ~ 18 Subscribed and sworn to before me this 18th day of April , ~9xjK . 1980 ~Y~d~ ~a~ ~~dCfa~[fOthreniCaO'u Y My Corn ' Expires 11/19/~2.