Ordinance No. 250ORDINANCE NO. 250
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILLTY
DISTRICT ESTABLISHING RULES FOR WATER SERVICE,
WATER RATES, OPERATION, AND METHODS FOR ENFORCEMENT
BE IT ENACTED, by the Board of Directors of the SOUTH TAHOE PUBLIC
UTILITY DISTRICT, E1 Dorado County, California, as follows:
Section 1. Definitions. For the purpose of this ordinance the terms used herein
are defined as follows:
1.1. Dtstrtctis the SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1
Dorado County, California .
1.2. Board ts the Board of Directors of said District.
1.3. Clerk ts the Clerk and ex-officio Secretary of the Board.
1.4 . County is the County of E1 Dorado.
1.5. Flat Rate Service: Provision of unmetered water.
1.6. Meter Rate Servtce: Provision of water by measuredquantittes.
1.7. Manager - shall mean the general manager of the District or other
person duly designated to perform the services or make the determinations permitted
or authorized hereunder.
1.8. Service Area - shall mean the water service areas and each thereof
as hereinafter described or as hereinafter modified by duly enacted Ordinances.
1.9. Domestic Service - shall mean the furnishing of water for household
or residential purposes, including sprinkling of lawns, gardens and shrubbery or
similar purposes; excluding however, water service to commercial or business
establishments such as hotels, motels, stores, service stations, condominiums and
similar buildings, unless service to each unit ts on a separate meter or service
connection.
1.10. Commercial Service - shall mean the furnishing of water to premises
where the customer is engaged in a trade or bustness; tncludtng water service to
hotels, motels, stores, service stations, and similar buildings and where the fire
flow requirements are greater than 2,000 gallons of water flow per minute.
1.11. Multiple Service - shall mean the furnishing of water to properties that
are clustered together into a high density development and where there ts usually land
and recreation facilities owned in common between owners of the units. Thts Classifi-
cation shall include condominiums, townhouses, apartments and similar buildings.
1.12. Fire Hydrant Service - shall mean the furnishing of water for public
fire protection to fire hydrants.
1.13. Private Fire Protection Service - shall mean the furnishing of water
for connection to a private fire sprinkler system or private fire hydrants.
1.14. Unclassified Service - shall mean the furnishing of water to industrial
plants, publicly owned buildings, or premises unclassified above, or which have
unusual characteristics so far as water use is concerned.
1.15. Service Connection - shall mean the tapping of a water main and the
laying of a pipe from the main to the meter or curb-stop at the customer's property line.
1.16. Priority- when any building or type of service hereunder ts subject to
more than one classification, the correct classification or classifications shall be that
or those which return the greatest amount of revenue to the District, until and unless
ordered otherwise by the Board.
1.17. Person is any human being, firm, company, partnership, associatton,
and private, public or municipal corporations, the United States of America, the
State of California, districts and all political subdivisions, governmental agencies
and mandatories thereof.
Section 2, GENERAL POLICIES
2.1. The entire water system, including metering and measuring devises,
shall be under the exclusive control and management of the District, and no connection
thereto or water service therefrom shall be made or obtained except tn accordance with
the provisions of District Ordinances or rules and regulations now in effect or hereinafter
duly adopted.
(2)
2.2. The District will exercise reasonable care and diligence to deliver to
its customers a continuous and sufficient supply of potable water at a proper pressure
and to avoid shortages or interruptions in service. The District, however, shall not be
liable for interruptions, shortages, or insufficiency of supply, lack of potability, or
fluctuations or variations in pressure, or any loss or damage occasioned thereby.
2.3. Any person desiring water service shall make application therefor to the
District on forms prescribed and in accordance with all ordinances, rules, and
regulations.
SECTION' 3. ~ArATER SERVICE REQUIRING INSTALLATION OF SERVICE CONNECTION
and/or METERING DEVICE
3.1. Any person requesting water service requiring the installation of a
service connection, and/or metering device (when so designated by the District)
shall first make application therefor. No such service shall be rendered unless an
application therefor is on file with the District, and permission to install such
facilities has been given. If there is sufficient water and capacity available in the
system to meet the requested service and applicant has complied with all requirements
and is not delinquent in any amounts owed the District, the District shall furnish the
water service requested upon payment of the applicable connection charge set forth
below.
The District shall make the following charge for the installation of the service
connection and metering device, which said service connection and metering devices
shall remain the property of the District.
(3)
SECTION 4. INSTALLATION OF SERVICE CONNECTIONS AND/OR METERING DEVICES
4.1. Service connections, and metering devices, where required, shall be
installed as aforesaid and all such installations shall be made by or under the direct
supervision of District employees and at District's discretion.
SECTION 5. NUMBER OF SERVICE CONNECTIONS OR METERING DEVICES REQUIRED
5.1. Each house or building under separate ownership, when required by
the District, shall be provided with a separate metering device and if supplied by a
main, a separate service connection.
5.2. Two or more houses or buildings under one ownership and on the same
lot or parcel of land may be supplied through the same metering device, provided
however, the District reserves the right to limit the number of houses, buildings, or
areas of land under one ownership to be supplied by one measuring device or service
connection.
5.3. A service Gonnectton shall not be used to supply adjoining property
of a different owner or to supply property of the same owner across a street or alley.
5.4. When a parcel provided with a service connection is divided, each
service connection shall be considered as belonging tn the lot or parcel, which it
directly enters.
SECTION 6. ESTABLISHMENT OF WATER SERVICE AREAS WITHIN THE DISTRICT
6.1. In order to more equitably spread the cost and expense of acquisition,
maintenance and operation of the various works, equipment, and facilities comprising
the Distrtct water system, the following service areas are hereby established and shall
remain effective until otherwise modified or charged by the District.
6.2. Water Service Area No. 1 - shall comprise and consist of all terrttory
lying within the following described boundaries:
Service Area of the Tahoe S outhstde Water Utility as tt extstedon August 31, 1974.
SEGTION 7. ESTABLISHMENT OF WATER SERVIGE RATES AND GHARGES
7.1. Service may be taken for either the summer season, May 1 through
October 31, or the winter season, November 1 through April 30, or both seasons.
(4)
7.2. Within the applicable Water Service Area, for the various types of
water service provided to customers therein, the followtng water service rates and
charges are hereby established.
7.3 .
SCHEDULE I
SEASONAL FLAT RATE SERVICE
Per Service Connection
Per Season
A. For a single family residence when served from:
3/4 - inch service connection ......................
1 - inch service connection ........................
B. For a business establishment when served from:
3/4 - inch service connection .....................
1 - inch service connection ........................
C. For a duplex ........................................
D. For an apartment or motel including the first living unit ....
E. For each of up to three additional units of an apartment
or motel ......................................
F. In addition to above rates for other services under this
schedule, for each outdoor 3/4 - inch faucet, during the
summer season only ...................................
$ 40. O0
75.00
50.00
75.00
75.00
60.00
20.00
2.50
7.4.
SCHEDULE II
SEASONAL METERED SERVICE
Per Meter
Per Month
Monthly Quantity Rates:
First
Next
Next
Over
1,000 cu. ft. or less .......................... $
4,000 cu. ft., per t00 cu. ft ...................
5,000 cu. ft., per 100 cu. ft ...................
10,000 cu. ft., per 100 cu. ft ....................
6.67
0.40
0.30
0.20
(5)
Seasonal Minimum Charge:
For 5/S x 3/4 -tnch meter ........................ $
For
For
For
For
For
For
3/4 - inch meter .......................
1 - inch meter .......................
1 1/2 - inch meter .......................
2 - inch meter ..........................
3 - inch meter .........................
4 - inch meter .........................
Per Meter
Per Season
40.00
50.00
75.00
135.00
175.00
300.00
450.00
The Seasonal Minimum Charge will entitle the customer to the
quantity of water each month which one-sixth of the Seasonal
Minimum Charge will purchase at the Monthly Quantity Rates.
7.5.
Rate:
SCHEDULE III
PRIVATE FIRE PROTECTION SERVICE
Per Service Connection Per Season
For each inch of diameter of service ..................
$12.00
SPECIAL CONDITIONS
1. The minimum diameter for fire protection service shall be 2 inches
and the maximum diameter shall not be larger than the diameter of the main to which
the service is connected.
2. If a distribution main of adequate size to serve a fire protection
connection, in addition to all other normal service, does not exist in the street
adjacent to the premises to be served hereunder, then a service main from the nearest
existing main of adequate capacity shall be installed by the District at' the cost of the
applicant. The amounts paid by the applicant hereunder to establish fire protection
service shall not be subject to refund.
(6)
3. Connections for private fire connection systems shall be equipped
with standard detector type meters approved by the Board of Fire Underwriters and
the cost of the meter and appurtenant structures shall be paid, without refund, by
the applicant.
4.
will be made at the quantity rates under the seasonal metered service schedule.
For water delivered for other than fire protection purposes, charges
SECTION 8. BILLING FOR AND PAYMENT OF WATER RATES AND CHARGES
8.1. Flat Rate and Private Fire Protection Service
The seasonal flat rate charge is payable in advance on or before the
initial day of the season.
8.2. Metered Service
1. The seasonal minimum charge is payable in advance on or before
the initial day of the season.
2. The charge for water used in excess of the quantity allowed each
month for the seasonal minimum charge may be billed monthly, bimonthly or quarterly
at the option of the District on a noncumulative monthly consumption basis.
8.3. New Gonnections
The seasonal flat rate or minimum charge shall be paid upon application
for service. The amount paid in excess of the prorated bill for the initial period will
be credited against the charge for the succeeding period.
8.4 . Responsibility for Payment - All water service rates and charges shall
be billed to and payment therefor shall be the responsibility of the following:
1. To the person making application for service.
2. To the owner of the premises in the event of delinquency whether
or not the owner is also the applicant.
8.5. Delinquency - Statements which have not been paid before the 1st day
of the calendar month following the mailing of the statement of charges shall be
delinquent.
(7)
8.6. Collecting Delinquent Charges on Tax Roll. - Delinquent charges
may be collected on the tax roll on which general taxes of the District are collected
in the manner provided in Article 3, Chapter 4, Division 7 of the Public Utilities
Code, or as otherwise provided by law.
SECTION 9. MAIN EXTENSIONS
9.1. Extending Mains
In general, whenever extension of a water main within the District
boundaries is required because a principal part of the premises to be served does not
lie along an available water main with adequate capacity and proper pressure, the
extension will be installed after an agreement has been executed by the applicant
and the District, and the applicable charge paid by the applicant. The manner of
determining this charge is set forth in this section.
1. Main extensions less than 1,000 feet in length
A water main extension of less than 1,000 feet will be installed only by
the District and in accordance with the terms and conditions of an agreement between
the applicant and the District.
2. Main extensions of 1,000 feet and over in length
A water main extension of 1,000 feet and over in length for a new sub-
division (as defined by the Subdivision Map Act of the State of California) will not be
installed by the District but must be installed by the applicant in accordance with
the terms and conditions of an agreement between the applicant and the District.
A water main extension of 1 ,~000 feet and over in length in areas other
than a new subdivision will be installed by the District in accordance with the terms
and conditions of an agreement between the applicant and the District.
In the case of an applicant installation, the material installed and the
work performed must comply with the plans and specifications furnished by the District
and shall be subject to District inspection at all times. The applicant will be re-
quired to pay in advance the charges for overhead, materials, engineering and
inspection services. The applicant must also furnish, in form a~d sureties acceptable
(8)
to the District, a faithful performance bond, a labor and material bond, and a
certificate of insurance. Upon completion of the installation in accordance with
agreement, title to the extension shall be transferred to the District by the
applicant upon acceptance of such extension by the District.
l/Vater service will not be provided by the extension of a water main where
the meter (s) for the premises concerned will be located at an elevation of less than
100 feet below the overflow level of the reservoir supplying such main.
Main extensions installed for general improvement of the distribution system
will be financed by the District. Such improvements will not be installed upon the
request of one or more applicants to serve a particular premises.
9.2. General Provisions Concerning Main Extensions
The pipe specifications, point of commencement, charge to the applicant,
and all other requirements for main extensions shall be determined by the District
with proper allo~vance being made for future demand.
In general, the following provisions shall be in effect for determining the
charges to the applicant for a main extension:
1. The maximum length of main extension for which the applicant will be
required to pay shall not exceed the distance from the location of service to the
nearest available main six inches or larger in diameter with adequate capacity and
under proper pressure;
2. The charge shall be for an extension adequate to serve the applicant,
but shall not exceed the charge for installing a main six inches in diameter, as set
forth in the Schedule of Rates and Charges ,as adopted by Resolution of the Board.
3. The District will sustain that portion of the cost for an extension which
exceeds the charge for a main six inches in diameter and also the cost of an enlarge-
ment of the facilities behind the point of commencement. The District may require
a guarantee of revenue whenever enlargement of existing facilities is needed behind
point of commencement of an extension.
(9)
The preceding rates shall not be in effect for main extensions required for private
fire services or to serve premises where the District finds that unusual conditions
exist. VVhere unusual conditions prevail, each case will be considered on its own
merits and the applicant will be advised of the terms and conditions under which
an extension may be installed.
9.3. Front Foot Charges and Refunds.
1. Front Foot Charges
The District will collect a front foot charge, where applicable, before
granting a standard service or a private fire service to premises which lie along
and may be served directly from any main extension installed under the provisions
of this regulation. The front foot charge for a main extension shall be in effect for
a period of ten years from (1) the date of execution of the contract if the extension
is financed by an applicant, or (2) the date of official completion of the extension if
financed by the District. This provision shall apply to all water mains installed
under contracts executed or all District financed mains completed on or after
September 1, 19 ?4.
The front foot charge shall not be applied more than once to any premises.
Except for unusual conditions, premises already serving at the date of installation
of the extension will be excluded in determining the front foot charge.
Whether a main extension is financed by an applicant or by the District,
the front foot charge will be determined by dividing the charge for the extension by
the front footage of all premises which lie along and may be served directly from
the extension. The charge for the extension for purposes of determining the front
foot charge shall be the charge that would be made to the applicant for extending a
main not exceeding six inches in diameter computed as if installed by the District.
2. Front Foot Charge Refunds
The applicant who has financed a main extension (or his assigns) is
entitled to the front foot charges collected by the District for permitting the connection
of a standard service or private fire service to such extension. The amounts collected
will be refunded without interest within 90 days following the date of collection.
(10)
No front foot charge refunds will be made after ten years from the date of
execution of the contract for an applicant-financed extension except those refunds
which have been accrued during such 10 year period. The terms of this refund pro-
vision shall aoply to all water mains installed under contracts executed on or after
September 1, 1974.
The total amount of all refunds made by the District to the applicant (or his
assigns) may not exceed the charge to the applicant computed as if the installation
were made by the District.
SECTION 10. ENFORCEMENT OF ORDINANCE, RULES, AND REGULATIONS
1 0.1. - The general Manager of said District is hereby charged with
enforcement of the provisions of this Ordinance and Rules and Regulations made
pursuant thereto. The Board of Directors shall make and enforce such rules and
regulations as may be necessary for the safe, economical and efficient operation,
management and protection of said District system, and such rules and regulations
as may be necessary for the regulation, collection, rebating and refunding of such
rates or service charges.
10.2. - In the event ora violation of any of the laws of the State of
Galifornia, the ordinace of the District, or the rules and regulations established
pursuant thereto, the General Manager shall notify the person or persons causing,
allowing or committing such violation, tn writing, specifying the violation, and
upon the failure of such person to cease or prevent further violation within five
days after the deposit of such mail in the United States Post Office., South Lake
Tahoe, Galifornia, the General Manager shall exercise his authority to disconnect
the premises from the system; provided, however, that in the event such violation
results in a public hazard or menace, then the General Manager may enter upon the
premises without notice and do such things, and expend such sums, as may be
necessary to abate such hazard, and the reasonable value of the things done and
the amounts so expended thereon shall be a charge upon the person and premises so
in violation.
(11)
10.3. - Discontinuance of Service -
of the following conditions:
(1)
(2)
Service may be discontinued for any one
Delinquency in the payment of any bill.
Failure of the customer to maintain his facilities in a suitable condition
to prevent waste of water.
(3) The maintenance of any unprotected cross connections on the customer's
premises or the lack of adequate back-flow protection at the service connection.
(4) Any violation of the provisions of this ordinance by the customer or of
any rules and regulations of the agency governing water service.
10.4.- Reconnection- If water service is turned off for failure to pay any
bill or for any violation of this ordinance or any rules or regulations, the service shall
not again be turned on until the amount due is paid in full plus a charge for the
restoration of service and the customer has deposited the amount required for new
customers as provided tn this ordinance.
10.5. - Right of Entry By District - Authorized representatives of the
District shall have the right of ingress to and egress from a customer's premises at
reasonable hours for any purpose reasonably connected with the ordinance, and all
rules and regulations duly adopted hereunder or any amendments hereto or thereto.
SEGTION 11. APPEALS
Any person who shall be dissatisfied with any determination hereafter made
hereunder may, at any time within thirty days after such determination, appeal to
the Board of Directors by giving written notice to the General Manager and to the
Clerk of the Board of Directors setting forth the determination with which such person
is dissatisfied. The General Manager shall investigate and transmit to the Board
of Directors a report upon the matter appealed. The Board of Directors shall cause
written notice to be given at least ten days prior to the time fixed for hearing to all
persons affected by such application of the time and place fixed by the Board of
Directors for hearing such appeal. The Board of Directors may, at any time, upon its
own motion, revise any determination made by the General Manager.
(12)
Pending decisions upon any appeal relative to the amount of charges made
hereunder, the person making such appeal shall pay such charge. .After the appeal
is heard the Board of Directors shall order refunded to the person making the appeal
and paying such charge such amount, if any, as the Board of Directors shall
determine should be refunded.
SECTION 12. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph sentence, clause or
phrase of this ordinance or any part thereof is for any reason held to be invalid, such
decision shall be affect the validity of the remaining portions of this ordinance or any
part thereof. The board hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared invalid.
Upon adoption, this Ordinance shall be posted by the Clerk of the South
Tahoe Public Utility District in three (3) public places, at least one (1) week
before the expiration of thirty (30) days after its adoption, and shall be published
in the Tahoe Daily Tribune, a newspaper of general circulation, printed and published
in said District at least one (1) time, at least one (1) week before the expiration
of said thirty (30) days after its adoption.
PASSED AND ADOPTED this 29th day of .August, 1974, at a duly held meeting
of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT by the
following vote:
AYES:
NOES:
Directors: Wakeman,
Director s: None
ABSENT: Directors: Fesler
David %Ar. Callahan, Clerk and Ex-officio
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Kortes, Hegarty and Ream
SOUTH TAHOE PUBLIC UTILITY DISTRICT