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Ordinance No. 361ORDINANCE NO. ~ 6 1 SOUTH TAHOE PUBLIC UTILITY DISTRICT STREET LIGHTING ORDINANCE AN ORDINANCE SUPERSEDING ORDINANCES NOS. 114, 275, 291, 301, 310, 325 and 336 AN ORDINANCE REGULATING THE STREET LIGHTING SERVICE CHARGES, PAYABLE IN ADVANCE BE IT ENACTED, by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, EL DORADO COUNTY, California, as follows: ARTICLE I. DEFINITIONS Sec. 1.1. Definitions. For the purpose of this ordinance the terms used herein are defined as follows: Sec. 1.2. District is the South Tahoe Public Utility District, E1 Dorado County, California. Sec. 1.3. District. Sec. 1.4. of the Board. Sec. 1.5. Sec. 1.6. Sec. 1.7. Board is the Board of Directors of said Clerk is the Clerk and Ex-Officio Secretary City is the City of South Lake Tahoe. County is the County of E1 Dorado. Engineer is the Engineer appointed by and acting for the Board and shall be a Registered Civil Engineer. Sec. 1.8. District Inspector is the Inspector acting for the Board and may be a Member of the Board, the Manager, the District Engineer or Inspector appointed by the Board. Sec. 1.9. Person is any human being, firm, company, partnership, association, and private, public or municipal corporations, the United States of America, the State of California, districts and all political subdivisions, govern- mental agencies and mandatories thereof. Sec. 1.10. Street Light is an overhead lamp providing illumination to public streets in the District. Sec. 1.11. Public. Streets are state highways, county roads and city streets within the District. Sec. 1.12. Serviced Lands are those lands lying within the District and abutting upon a public street upon which street lighting is afforded by the District. ARTICLE II. GENERAL PROVISIONS Sec. 2.1. Purpose. This Ordinance is intended to provide a schedule of annual charges for street lighting services payable in advance supplied by the District and to provide a method for the enforcement thereof. Sec. 2.2. Short Title. This Ordinance shall be known as the SOUTH TAHOE PUBLIC UTILITY DISTRICT STREET LIGHTING SERVICE ORDINANCE. Sec. 2.3. Relief on Application. When any person, by reasons of special circumstances, is of the opinion that any provision of this Ordinance is unjust or inequitable as applied to his premises, he may make written application to the Board, stating the special circumstances, citing the pro- vision complained of, and requesting suspension or modification of that provision as applied to his premises. If such application be approved, the Board may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. Sec. 2.4. Relief On Own Motion. The Board may, on its own motion, f~ind that by reason of special circumstances any provision of this regulation and Ordinance should be sus- pended or modified as applied to a particular premise and may, by resolution, order such suspension or modification of such premises during the period of such special circumstances, or any part thereof. ARTICLE III. ANNUAL CHARGES Sec. 3.1. General Rates - Street Lighting Services. General rates for street lighting services are fixed by the rules, regulations, and ordinances of the District and are based on the type of lighting service and for lineal foot of serviced lands abutting upon a public road on lands serviced -2- with street lighting facilities installed prior to July, 1966. Refer to Street Lighting Rate Schedule no. 1. Sec. 3.2. Monthly C__harges. The owners of serviced lands shall be charged monthly with the cost of supplying street lights to their property. Provided., however., that where a serviced land abuts upon two or more public streets serviced by street lights, its owner shall not be charged for the narrow- est portion of his property abutting upon a public street serviced by street lights or one hundred (100) feet, whichever is lesser. ARTICLE IV. COLLECTION AND ENFORCEMENT Sec. 4.1. Direct Billing - Street Lighting Service Charges. The charges herein fixed for street lighting services shall be payable for a period of one (1) year in advance. The billing periods may be annually, semiannually, quarterly, or monthly, at the District's option. Sec. 4.2. Delinquency.. Statements which have not been paid before the first day of the calendar month following ..... the mailing of the statement of charges shall be delinquent'~ Sec. 4.3. Action to Collect Delinquent Charges. (1) Thirty (30) days after the billings are mailed, the District will send out delinquent notices as reminders. (2) If the bills are not paid in sixty (60) days after the original mailing, the District will assess a delinquent penalty and begin charging interest. Both the penalty and interest will be at the highest legal rate allowable. (3) If the bills are not paid within thirty (30) days after the penalty has been assessed, the District will go to court to obtain a judgment. (4) Delinquent charges may be collected on the tax roll ~n which general taxes to the District are collected in the manner provided in Article 3, Chapter 4, Division 7, of the Public Utility Code, or otherwise provided by law. -3- ARTICLE V. STREET LIGHTING RATE SCHEDULES SCHEDULE NO. With lamps mounted on regular utility poles, rated at 7,000 lumens, is $0.38 per year per lineal foot. With lamps mounted on ornamental utility poles, rated at 10,000 lumens, is $1.16 per year per lineal foot. ARTICLE VI. MISCELLANEOUS PROVISIONS Sec. 6.1. Separability. If any section, sub- section, 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 remaining portions of this Ordinance or the application of such provisions to other persons or circumstances. The Board hereby declares that it would have passed this Ordinance or any section, sub-section, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared to be unconstitutional. Sec. 6.2. Effective Date. This Ordinance shall take effect upon the expiratiOn of thirty (30) days after its passage and shall be posted by the Clerk of the South Tahoe Public Utility District at three (3) public places in said District at least one (1) week before the expiration of said period after its passage and shall further be pub- lished in the Tahoe Daily Tribune, a newspaper of general circulation, one (1) time only, at least one (1) week before the expiration of said period. Sec. 6.3. Supersedes Former Ordinances. This Ordinance amends Ordinances Nos. 114, 275, 291, 301, 310, 325 and 336 in their entirety and supersedes said Ordinances. ATTEST: CLERK ~F BOARD AND EX-OFFICIO SECRETARY SOUTH TAHOE PUBLIC UTILITY DISTRICT --4-- I hereby certify that the foregoing ORDINANCE was adopted at a meeting of the BOARD OF DIRECTORS of the SOUTH TAHOE PUBLIC UTILITY DISTRICT held on the 1st day of DECEMBER , 1983, by the following vote' AYES: DIRECTORS JONES, OLSON, MADDEN AND WYNN NOES: NONE ABSENT' DIRECTOR L. LOWE Ma~r~,/~bros~~, Clerk' 0f Board SOUTH ~AHOE PUBLIC UTILITY DISTRICT * * * * * * -5- AFFIDAVIT OF POSTING ORDINANCE NO. 3 6 1 STATE OF CALIFORNIA EL DORADO COUNTY ) )ss ) I, BOB E. EPPLER ~eing first duly sworn, deposes and says: That for and on behalf of %he Clerk and ex-Officio Secretary of the SOUTH TAHOE PUBLIC UTILITY DISTRICT affiant posted copies of ORDINANCE NO. 361 , in form attached hereto and by reference made a part hereof, in three 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 the2M/9 ..day of , 1983 BOB E. EPPL/~R Subscr~ed ~nd sworn to~ before mD this ~/~.~_ day of Notary ~u~lic in and CountyJof E1 Dorado, State of California. My commission expires //-