Ordinance No. 366 - RetiredORDINANCE NO. 366
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AUTHORIZING EXECUTION OF THIRD AMEND-
MENT TO AGREEMENT BETWEEN SOUTH TAHOE PUBLIC
UTILITY DISTRICT AND THE COUNTY OF ALPINE AND
THE ALPINE COUNTY WATER AGENCY
WHEREAS, there has been presented to the Board of Directors of
SOUTH TAHOE PUBLIC UTILITY DISTRICT, South Lake Tahoe, E1 Dorado County,
California, a
THIRD AMENDMENT TO AGREEMENT BETWEEN SOUTH TAHOE PUBLIC
UTILITY DISTRICT AND THE COUNTY OF ALPINE AND THE ALPINE
COUNTY WATER AGENCY
which third amendment provides for deletion of the lands of Schwake and
Abel from any effluent irrigation and an increased area as well as facil-
ities on the lands of Dressier.
NOW, THEREFORE, BE IT ENACTED by the BOARD OF DIRECTORS of the
SOUTH TAHOE PUBLIC UTILITY DISTRICT, SOUTH LAKE TAHOE, EL DORADO COUNTY,
CALIFORNIA, as follows:
(1)
The acting President of said Board of Directors is
hereby authorized to execute three (3) originals
of said THIRD AMENDMENT TO AGREEMENT BETWEEN SOUTH
TAHOE PUBLIC UTILITY DISTRICT AND THE COUNTY OF
ALPINE AND THE ALPINE COUNTY WATER AGENCY on behalf
of South Tahoe Public Utility District.
(2)
The Clerk is hereby directed to attest to said
acting President's signature and affix the cor-
porate seal of said District to each original
AGREEMENT.
The Clerk is directed to forward three (3) or-
iginals of said THIRD AMENDMENT TO AGREEMENT
BETWEEN SOUTH TAHOE PUBLIC UTILITY DISTRICT AND
THE COUNTY OF ALPINE AND THE ALPINE COUNTY WATER
AGENCY executed by the SOUTH TAHOE PUBLIC UTILITY
DISTRICT to the Alpine County Clerk for presen-
tation to the Alpine County Board of Supervisors
and retain one executed original for the District
public records and files.
PASSED AND ADOPTED by the Board of Directors of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT at its duly held regular meeting on the
15th day of MARCH 1984, by the following vote:
AYES: Wynn, Jones, Olson, Mason
NOES: None ~ ~
ABSENT: D~rector Madden ~ ~l -~
'M~RY ~/ J~OSE, C~RK-OF BOARD 'k ~AHOE PUBLI~ UTILITY DISTRICT
SOUTH~TAHOE PUBLIC UTILITY DISTRICT TM
THIRD. AMENDMENT TO AGREEMENT
BETWEEN
SOUTH TAttOE PUBLIC UTILITY DISTRICT
AND
TIlE COUNTY OF ALPINE
AND
THE ALPINE COUNTY WATER AGENCY
THIS AGREEMENT made by and between the SOUTH TAItOE PUBLIC
UTILITY DISTRICT, a public utility district, formed pursuant
to "The Public Utility District Act" of the State of California,
acting by and through its Board of Directors, hereinafter
called "District", and the COUNTY OF ALPINE, a political
sub-division of the State of California, acting by and through
its Board of Supervisors, hereinafter called County", and
the ALPINE COUNTY WATER AGENCY created by the Alpine County
Water Agency Act of the State of California, acting by and
through its Board of Directors, hereinafter called "Agency",
dated April 3, 1967, is the Third Amendment to Agreement Between
South Tahoe Public Utility District and the County of Alpine
and the Alpine County Water Agency.
WHEREAS, County and Agency have determined since the
execution of the Second Amendment to Agreement that it would
not be in the best interests of County and Agency to approve
rancher contracts for effluent irrigation on the lands of
Schwake and Abel; and
WHEREAS, District has determined since the execution
of the Second Amendment to Agreement that it cannot irrigate
with effluent the lands of tleise under existing regulations
and that the effluent irrigation on the lands of Dressler
needs to be o×panded in area.
NOW TItI'TREI,'ORE, the parties a{jree as follows:
1. The Second Amendment to Agreement Bet:ween South Tahoe
Public Utility District and the County of Alpine and the Alpine
County Water Agency ks hereby amended as fei. lows:
-1-
Agreement No. iA is hereby amended to read as follows'
District may modify and/or construct or cause to be
modified and/or.._constructed the fgllowing facilities
within the boundaries of County and Agency.
(1) Construct a dam and reservoir below Indian Creek
Reservoir at ttarvey Place shown in Exhibit A.
(2) Modify Indian Creek Pipeline and construct waste-
water and water transmission facilities to IIarvey
Place.
(3) Modify and construct West Fork Carson River water
transmission facilities to and from Indian Creek
Reservoir.
Construct transmission facilities to re-route
Indian Creek waters above Harvey Place to Indian
Creek Reservoir and from Indian Creek Reservoir to
Indian Creek below Harvey Place.
Construct structures necessary for delivery and
control of wastewater and water discharged by
District from Harvey Place Storage Reservoir
or Indian Creek Pipeline.
Modify and enlarge the Diamond Ditch system for
purposes of delivery of wastewater and water to
and on lands, and the irrigation thereof, now
owned by Bruns, Celio, Dressier, Gansberg, Sr.,
Hall and Neddenriep, shown on Exhibit A-1.
Construct and/or extend the Diamond Ditch sy:~tem
or other tran~mi.~sion facilities for the purposes
of delivery of wastewater and water to and on
lands, and the ii'rigation thereof, no~v owned
by Smith and Springmoyer, shown on Exhibit B.
Construct and/or extend wastewater and water
facilities for the purposes of delivery of waste-
water and water to and on lands, and the irrigation
thoreof, and/or con~'~truct, maintain and opel'ate a
sprinkler irrigation system or systems for the
purposes of delivery of wastewater and water to
and on the lands, and the irrigation thereof, now
owned by Iteise, shown in Exhibit B-1 when and if
permitted by regulatory agencies.
(4)
(5)
(6)
(7)
(8)
-2-
(9) Construct wastewater facilities for the purposes
of delivery of wastewater to and on ].ands of
Harvey Place, and the. irrigation thereof, not J : ..... ~... .....
inundated by the reservoir constructed on Harvey.
Place.
(lO) Construct emergency spillway facilities for ttarvey
Place dam and reservoir and diversion structure on
Indian Creek and flood channel or channels therefore
to divert storm waters around Harvey Place.
(Il) Construct fencing for Harvey Place shown on
Exhibit A-1 and construct any facilities required
by the California Department of Fish and Game miti-
gation plan for wildlife habitat caused by ttarvey
Place Reservoir inundation.
(12) Remove clay from the lands of Heise shown on Ex-
hibit A-1 and replace with other material as re-
quired by the U. S. Soil Conservation Service Clay
Removal Plan.
(13) Construct, maintain and operate flood irrigation
system on systems on the lands of Dressier, shown
in Exhibit A-l, for the purposes of del.~very of
wastewater or water to said larlds and the irrigation
thereof."
B. Agreement No. lB of the Second Amendmemt to Agreement Between
South Tahoe Public Utility District and the County of Alpine and
the Alpine County ~ater Agency is hereby amended to read as ~ollows'
"B. District may discharge filtered advanced ~eondary waste-
wa. ter through said modi[ied Indian Creek Pipeline and
constructed transmi~sion facilities to llarvey Pl. ace dam
and reservoir, store wastewater in ~aid dam and reservoir
and discharge said wastewater to and on the lands now owned
by Bruns, Celio, Dressier, Ga. nsberfl, Sr., Hall, Neddenriep,
shown in Exh~LJ_t A-l, Smith and
1. IIDIIIC,~ OF shown on
Exhibit B, and on Ileise shown in lq.xhibit B-l, and
emergency spillway discharge from llarvey Place dam and
reservoir. Said wastewater and discharge ahall meet
the requir{~ments e:;tablished by the California Regional
Water quality Control Board, Lahontan Region, the
California Department of Public lh~alth, and approved
by the Environmental Protection Allcncy, or their
SI1GCOSSOFS in illtorost ."
2. In all other respects, except as amended in Agreement
No. I herein, the Second Amendment to.Agreement between South Tahoe
Public Utility District and the County of Alpine and the Alpine
County Water Agency of June, 1983, is hereby ratified and confirmed.
DATED:
SOUTH TAHOE PUBLIC UTILITY DISTRICT
BY
Mary ~. Madden, President
ATTEST:
Mary D. Ambrose, Clerk
COUNTY OF ALPINE
BY
Chairman
ATTEST'
Clerk
APPROVED-
ALPINE COUNTY WATER AGENCY
BY
Chairman
ATTEST'
APPROVED:
C 1 erk
District Attorney
Alpine County
Attorney for So~th Tahoe Public Utility
Di~trict
JCW:evn
2-27-84
--4-'
ORDINANCE NO. 366
CERTIFICATION
I hereby certify that the foregoing is a full, true, and correct copy
of ORDINANCE NO. 366, adopted by the Board of Directors of the SOUTH
THAOE PUBLIC UTILITY DISTRICT, in a duly held regular meeting on the
15th day of March 1984.
SOUTH T~I~OE PUBLIC UTILITY DISTRICT
SOUTH TAHOE PUBLIC UTILITY DISTRICT
PRESIDENT
JAMES R. JONES
Sawar. 1950. Watar
P.O. Box AU South Lake Tahoe, California 95705
1275 Meadow Crest Drive
A PUBLIC AGENCY
Phone (916) 544-6474
DIRECTORS
WALTER 'NEAL" OLSON
LORRENE KASHUBA
MICKEY MADDEN
JOHN WYNN
March 16, 1984
Tahoe Daily Tribune
P.O. Box 1358
South Lake Tahoe, CA 95705
Gentlemen:
Attached is a copy of our Ordinance NO. 366, which
we request be published one time only and on the
23rd day of March 1984.
Please send two (2) copies of Affidavit of Publica-
tion for same.
Thank you.
Very truly yours,
SOUTH _AHOE PUBLIC UTILITY DISTRICT
Clerk of Board/Secretary
mda
Attachment (1)
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Sewer. 1950. Waler A PUBLIC AGENCY
P.O. Box AU South Lake Tahoe, California 95705 Phone (916) $44-6474
'1275 Meadow Crest Drive
March 16, 1984
PRESIDENT
JAMES R. JONES
DIRECTORS
WALTER "NEAL" OLSON
LORRENE KASHUBA
MICKEY MADDEN
JOHN WYNN
Ms. Karen Keebaugh
Clerk, Alpine County
P.O. Box 158
Markleeville, CA 96120
RE: THIRD AMENDMENT TO AGREEMENT BETWEEN
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AND THE COUNTY OF ALPINE AND THE ALPINE
COUNTY WATER AGENCY
Dear Ms. Keebaugh:
Enclosed are three (3) originals of the THIRD AMENDMENT TO
AGREEMENT BETWEEN SOUTH TAHOE PUBLIC UTILITY DISTRICT AND
THE COUNTY OF ALPINE AND THE ALPINE COUNTY WATER AGENCY,
executed by the South Tahoe Public Utility District. The
executed THIRD AMENDMENT is in the form of the copy sub-
mitted to Mr. Freeman on March 2, 1984 for the Board of
Supervisors March 20, 1984 agenda.
Attached to each original Third Amendment is a certified
copy of ORDINANCE No. 366 AN ORDINANCE OF THE SOUTH TAHOE
PUBLIC UTILITY DISTRICT AUTHORIZING EXECUTION OF THIRD
AMENDMENT TO AGREEMENT BETWEEN SOUTH TAHOE PUBLIC UTILITY
DISTRICT AND THE COUNTY OF ALPINE AND THE ALPINE COUNTY
WATER AGENCY, which the District adopted at its regular
meeting on March 15, 1984.
Very truly yours,
enclosures
cc:
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Clerk of Board
Karen Keebaugh w/enclosures A .
Merrill, Freeman, Gansberg, Sawdey and Jung~., n ~,~ ~
John Weidman . ~ ~/ ~n ~
Board of Directors, ST PUD ~ ~ .'.~/~ J~ ~/ I~_.~"~_/~
Z
\
\
'-~'UTU.E"~'".X,~^'FXo~
SMITH "
33
FUTURE
RSIo'N UAl
EXHIBIT B
IRRIGATION
AREAS
T 0
EXHIBIT B*I
ALPINE COUNTY
FUTURE HEISE
IRRIGATION
AFFIDAVIT OF POSTING
ORDINANCE NO. 366
State of California )
tss
County of E1 Dorado
I, BOB E. EPPLER, being first duly sworn, 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. 366 in form attached
hereto and by reference made a part hereof, in three (3)
public places in the District, as follows:
(1) City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
(2)Bijou Post Office Station
South Lake Tahoe, CA
(3) Tahoe Valley Post Office Station
South Lake Tahoe, CA
That said posting was completed on the /~ ~
of A4AR~ , 1984
day
Bob E. Epp~er
Subscribed and sworn
to before me this /'~
day o f~./~~
198~4 . ~ /~ ~
Stat~/of California, County of
E1 Dorado.
My commission expires //'
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Sewer. 1950. Water
PRESIDENT
JAMES R. JONES
P.O. Box AU South Lake Tahoe, California 95705
1275 Meadow Crest Drive
A PUBLIC AGENCY
Phone (916) 544-6474
March 16, 1984
DIRECTORS
WALTER "NEAL" OLSON
LORRENE KASHUBA
MICKEY MADDEN
JOHN WYNN
Ms. Karen Keebaugh
Clerk, Alpine County
P.O. Box 158
Markleeville, CA 96120
THIRD AMENDMENT TO AGREEMENT BETWEEN
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AND THE COUNTY OF ALPINE AND THE ALPINE
COUNTY WATER AGENCY
Dear Ms. Keebaugh:
Enclosed are three (3) originals of the THIRD AMENDMENT TO
AGREEmeNT BETWEEN SOUTH TAHOE PUBLIC UTILITY DISTRICT AND
THE COUNTY OF ALPINE AND THE ALPINE COUNTY WATER AGENCY,
executed by the South Tahoe Public Utility District. The
executed THIRD AMENDMENT is in the form of the copy sub-
mitted to Mr. Freeman on March 2, 1984 for the Board of
Supervisors March 20, 1984 agenda.
Attached to each original Third Amendment is a certified
copy of ORDINANCE No. 366 AN ORDINANCE OF THE SOUTH TAHOE
PUBLIC UTILITY DISTRICT AUTHORIZING EXECUTION OF THIRD
AMENDMENT TO AGREEMENT BETWEEN SOUTH TAHOE PUBLIC UTILITY
DISTRICT AND THE COUNTY OF ALPINE AND THE ALPINE COUNTY
WATER AGENCY, which the District adopted at its regular
meeting on March 15, 1984.
Very truly yours,
SOUTH TAHOE PUBLIC UTILITY DISTRICT
Mary D. AmDro
Clerk of Board
enclosures
cc: Karen Keebaugh w/enclosures/
Merrill, Freeman, Gansberg, Sawdey and Jung
John Weidman
Board of Directors, ST PUD