Loading...
Ordinance No. 360 - SupersededORDINANCE NO. 360 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING RULES FOR WATER SERVICE, WATER RATES, OPERATION, AND METHODS FOR ENFORCEMENT AN ORDINANCE SUPERSEDING ORDINANCES NOS. 250, 257, 261, 269, 276, 292, 311, 312, 324 and 335 BE IT ENACTED, by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California, as follows: ARTICLE I. DEFINITIONS For the purpose of this Ordinance the terms used herein are defined as follows: Sec. 1.1. District is the SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California. Sec. 1.2. Board is the Board of Directors of said District. Sec. 1.3. of the Board. Sec. 1.4. Sec. 1.5. water. Clerk is the Clerk and Ex-Officio Secretary County is the County of E1 Dorado. Flat Rate Service: Provision of unmetered Sec. 1.6. Meter Rate Service: Provision of water by measured quantities. Sec. 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. Sec. 1.8. Service Area shall mean the water service areas and each thereof as hereinafter described or as hereinafter modified duly enacted Ordinances. Sec. 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 is on a separate meter or service connection. Sec. 1.10. Commercial Services shall mean the fur- nishing of water to premises where the customer is engaged in a trade or business; including 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. Sec. 1.11. Multiple Service shall mean the furnishing of water to properties that are clustered together into a high density development and where there is usually land and recre- ation facilities owned in common between owners of the units. This classification shall include condominiums, townhouses, apartments and similar buildings. Sec. 1.12. Fire Hydrant Service shall mean the furnishing of water for public fire protection to fire hydrants. Sec. 1.13. Private Fire Protection Service shall mean the furnishing of water for connection to a private fire sprinkler system or private fire hydrants. Sec. 1.14. Unclassified Service shall mean the furnishing of water to industrial plants, publicly owned buildings, or premises unclassified above, or which have un- usual characteristics so far as water use is concerned. Sec. 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. Sec. 1.16. Priority - When any building or type of service hereunder is 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. Sec. 1.17. 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. ARTICLE II. GENERAL POLICIES Sec. 2.1. The entire water system, including metering and measuring devices, shall be under the exclusive control -2- and management of the District, and no connection thereto or water service therefrom shall be made or obtained except in accordance with the provisions of District Ordinances or rules and regulations now in effect or hereinafter duly adopted./ Sec. 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, fluctuations or variations in pressure, or any loss or damage occasioned thereby. Sec. 2.3. Any person desiring water service shall make application therefore to the District on forms pre- scribed and in accordance with all ordinances, rules and regulations. Sec. 2.4. All new construction and additions to existing construction must comply with the requirements of the above stated City of South Lake Tahoe and/or County of E1 Dorado Water Conservation Ordinanc~ attached hereto and made a part hereo~ prior to connection to the South Tahoe Public Utility District's water system. ARTICLE III. WATER SERVICE REQUIRING INSTALLATION OF SERVICE CONNECTION AND/OR METERING DEVICE Sec. 3.1. Any person requesting water service re- insta~ation of a service connection, and/or metering quiring the device (when so designated by the District) shall first make application therefore. No such device shall be rendered unless an application therefore 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. This connection charge shall be collected when a sewer permit is issued. 3 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. Sec. 3.2. Connection Fees. All connection charges, fees and other charges in the District are fixed by the rules, regulations and ordinances of the District. Refer to Water Rate Schedule No. 1. ARTICLE IV. INSTALLATION OF SERVICE CONNECTIONS AND/OR METERING DEVICES Sec. 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. Sec. 4.2. Any person requesting water service who previously was served by a private well and is to connect to a District service line must cause the abandonment of the pri- vate well and submit a certificate of compliance from the E1 Dorado County Health Department. ARTICLE V. NUMBER OF SERVICE CONNECTIONS OR METERING DEVICES REQUIRED Sec. 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. Sec. 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. Sec. 5.3. A service connection 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. -4- Sec. 5.4. When a parcel provided with a service connection is divided, each service connection shall be con- sidered as belonging in the lot or parcel which it directly enters. ~ARTICLE VI. ESTABLISHMENT OF WATER SERVICE AREAS WITHIN THE DISTRICT Sec. 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 Dis- trict water system, the following service areas are hereby established and shall remain effective until otherwise modi- fied or changed by the District. Sec. 6.2. Water Service Area No. 1 shall comprise and consist of all territory lying within the following des- cribed boundaries: Service area of the Tahoe Southside Water Utility as it existed on August 31, 1974. Water Service Area No. 2 shall comprise and consist of all territory lying within the following described boundaries: Service area of the Tahoe Sierra Water Company as it existed on October 31, 1975. ARTICLE VII.~ ESTABLISHMENT OF WATER SERVICE RATES AND CHARGES Sec. 7.1. Water service shall be taken on an annual basis. Sec. 7.2. Within water service area Nos. 1 and 2, for the various types of water service provided to customers therein, all fees are as fixed by the rules, regulations and ordinances of the District. (A) Annual Flat Rate Service: Refer to Water Rate Schedule No. 2. (B) Metered Service Annual Minimum Rate: Refer to Water Rate Schedule No. 3. Sec. 7.3. Service Charges. For each disconnection and/or reconnection of a water service by request, other than for public health and safety, or for nonpayment of account, during regular working hours, refer to Water Rate Schedule No. 4. -5- For reconnection or disconnection of a water service when reconnected or disconnected by request or for nonpayment of account after regular working hours, Saturdays, Sunday and Holidays (per service call), refer to Water Rate Schedule no. 5. Sec. 7.4. Private Fire Protectien Service. There will be no charge for annual standby fire protection services, however, the applicant shall conform to the special conditions set forth hereunder. 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. 3. Connections for private fire protection 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. For water delivered for other than fire protection purposes, charges will be made at the quantity rates under the annual metered service schedule. ARTICLE VIII. BILLING FOR AND PAYMENT OF WATER RATES AND CHARGES Sec. 8.1. Billing Period. The billing periods may be annually, semiannually, quarterly, or monthly, at the Dis- trict's option. Sec. 8.2. Flat Rate and Metered Service. 1. On~-half of the annual flat rate and one-half of the annual minimum rate is payable in advance on or before the initial day of the billing period. 2. The charge for water used in excess of the quantity allowed each month for the annual minimum rate may 6 be billed monthly, bi-monthly or quarterly, at the option of the District on a non-cumulative monthly consumption basis. Sec. 8.3. New Connections. One-half of the annual flat rate, or minimum charge, shall be paid upon application for service. The amount paid in excess of the pro-rated bill for the initial period will be credited against the charge for the succeeding period. New connections shall be billed from the first of the month following the month in which the sewer connection was inspected and approved. Sec. 8.4. Responsibility For Payment. All water service rates and charges shall be billed to and payment there- fore 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. Sec. 8.5. 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. 8.6. Collecting 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 within sixty (60) days after their original mailing, the District will assess a de- linquent penalty and begin charging interest. Both the penalty and the 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, which, if not satisfied, could result in discontinuance of service and additional charges to have the service restored. 4. 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 otherwise provided by law.t ARTICLE IX. MAIN EXTENSIONS Sec. 9.1. Extending Mains. In general, whenever extension of a water main within the District boundaries is -7- 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 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. Sec. 9.2. Main Extensions Less Than 1,0C0 ~e~t i__~n Length. A water main extension of less than 1,000 feet in length may, at the option of the District, be installed by the District and in accordance with the terms and conditions of an agreement between the applicant and the District. Sec. 9.3. 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 subdivision (as defined by the Subdivision Map Act of the State of California) will not be installed by the Dis- trict 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 may, at the option of the District, 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 must also furnish, in form and sureties acceptable 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. Water 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. 8 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. Sec. 9.4. 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 allowance 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 in- stalling 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 enlargement of the facilities behind the point of commencement. The District may require a quarantee of revenue whenever enlargement of existing facilities is needed behind point of commencement of an extension. 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. Where 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. Sec. 9.5. 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 -9- 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 appy to all water mains installed under contracts executed or all District financed mains completed on or after September 1, 1974. 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 ex- ceeding 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 per- mitting 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. No front foot charge refunds will be made after ten years from the date of execution of the contract'for an ap- plicant-financed extension except those refunds which have been accrued during such 10 year period. The terms of this refund provision shall apply 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. -10- ARTICLE X. ENFORCEMENT OF ORDINANCE RULES AND REGULATIONS Sec. 10.1. 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 Dis- trict system, and such rules and regulations as may be neces- sary for the regulation, collection, rebating and refunding of such rates or service charges. Sec. 10.2. In the event of a violation of any of the laws of the State of California, the ordinance 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, in 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, California, 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. Sec. 10.3. Discontinuance of Service. Service may be discontinued for any one of the following conditions: 1. Delinquency in the payment of any bill. 2. Failure of the customer to maintain his facilities in a suitable condition to prevent waste of water. 3. The maintenance of any unprotected cross con- nections on the customer's premises or the lack of adequate backflow 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. -ll- 5. Customer may request permanent discontinuance of service. Sec. 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 in this ordinance. If water service was disconnected by owner's request, service will not be restored until the connection fee in effect at the time has been paid, and there is sufficient water and capacity available in the system to meet the re- quested service. Sec. 10.5. Right Of Entry By District. Authorized representatives of the District shall have the right to ingress to and egress from a customer's premises at reasonable hours for any purpose reasonably connected with this Ordinance and all rules and regulations duly adopted hereunder or any amendments hereto or thereto. ARTICLE XI. APPEALS Any person who shall be dissatisfied with any deter- mination hereafter made hereunder may, at any time within thirty (30) 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 (10) days prior to the time fixed for hearin~ to all persons affected by such applicatio~ 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. 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. -12- ARTICLE XII. WATER RATE SCHEDULES SCHEDULE NO. 1 Connection Fees: Single Family Unit Where water service was installed by Subdivider $ 800.00 Ail Other Single Family Units $1,000.00 Ail Other Connections - $1,000.00 Per Service Inch (Plus cost of meter and installation if applicable) SCHEDULE NO. 2 Annual Flat Rate Service A. For a Single Dwelling Unit B. For a Duplex C. For a Triplex D. For a Fourplex E. For Each Additional Unit F. For a Business Establishment When Served From: 3/4" Connection 1" Connection 157.50 300.00 407.00 514.50 85.00 $ 214.00 $ 322.00 SCHEDULE NO. 3 Metered Service (Annual Minimum Rate Per Meter) For 3/4 inch For 1 inch For 1½ inch For 2 inch For 3 inch For 4 inch $ 187.00 $ 258.00 $ 387.50 $ 606.00 $1,197.00 $2,409.00 The minimum rate will entitle the customer to the quantity of water one-twelfth.of the minimum rate will purchase at the rate of eighty-five cents ($0.85) per hundred cubic feet. Any excess consumption will be charged at the rate of eighty-five cents ($0.85) per hundred cubic feet. SCHEDULE NO. 4 Service Charges During Regular Working Hours Per Service Call - $25.00 or the total of actual labor and equipment charges, whichever is greater. SCHEDULE NO. 5 Service Charges After Regular Working Hours Per Service Call - $50.00 or the total of actual labor and equipment charges, whichever is greater. -13- ARTICLE XIII. SEVERABILITY CLAUSE Sec. 13.1. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinanc~ or any part thereof, is for any reason held to be invalid, such de- cision shall not 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, sub- sections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Sec. 13.2. Supersedes Former Ordinances. This Ordinance amends Ordinances Nos. 250, 257, 261, 269, 276, 292, 311, 312, 324 and 335 in their e~tirety and supersedes said ordinances. J~s R. Jones~esident ~OUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: /-. _ ~%laZrty /5. 'g/~brbs~ ....... CLERK OF'~nnBOARD AND EX-OFFICIO SECRETARY SOUTH TAHOE PUBLIC UTILITY DISTRICT * * * * * * * * 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 lsi day of n~MR~ , 1983, by the following vote: AYES: DIRECTORS JONES, OLSON, MADDEN AND WYNN NOES: NONE ABSENT: DIRECTOR L. LOWE -14- Mary D./~mbrose, Clerk of Board SOUTH T~HOE PUBLIC UTILITY DISTRICT AFFIDAVIT OF POSTING ORDINANCE NO. 3 6 0 STATE OF CALIFORNIA EL DORADO COUNTY ) )ss ) 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. 360 , 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 the ~ AiD day of ~ d ~/~/3~-/~. , 1983 BOB E. EPP~ER Subscribed and sworn to before me thistleS, day of ~_~, ~ ~o~a?~,~blic in and for' th~ - County-w of E1 Dorado, State of California. My commission expires //-~-~ . r ~.,~ OFFICIAL SEAL ~ ~~ MARY D~INA AMBROSE ~ ~[~d~l:'~ NOTARY PUBLIC-CALIFOi~ ~ ~ ~ Principal Office in EL DORAI~ ~ ~ ~ My, Commission Expires Nov. ~, ~B ~ AFFIDAVIT OF PUBLICATION Affidavit of Publication of South Tahoe Public Utility D~trict Post Office Box 1298 So Lake Tahoe~ Cali~rnia 95705 Ord 360 STATE OF CALIFORNIA County of El Dorado I am a citizen of the United States and a resident of the County foresaid: I am over the age of eighteen years, and not a part to or interested in the above- entitled matter. I am the principal clerk of the printer of The Tahoe Daily Tribune - Tahoe Sierra Tribune a newspaper of general circulation, printed and published daily in the City of South lake Tahoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California, under the date of March 6 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been pub]ished in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Deo 16 all in the year 19 83 ~, certify (or dec,are) under penalty that the foregoing is true and correct. South Lake Tahoe Dated at California, this 16t~ate of December 19 83