Ordinance No. 3726/19-6/20/85
7/1/85
ORDINANCE NO. 372
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING ORDINANCE NO. 359 REGULATING THE USE OF
PUBLIC AND PRIVATE SEWERS, THE INSTALLATION OF
SEWER LATERALS AND PUBLIC SEWER MAIN EXTENSIONS,
PROVIDING FOR THE EMPLOYMENT OF A SANITARY INSPECTOR,
PROVIDING PERMITS AND FIXING FEES FOR THE INSTALLATION OF
SANITARY SEWER LATERALS AND REGULATING PLUMBING, DRAINAGE AND
SEWERING IN THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AND
PROVIDING FOR SEWER SERVICE CHARGES PAYABLE IN ADVANCE
BE IT ENACTED, by the Board of Directors of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California,
as follows:
i. Article X of said Ordinance No. 359 shall be amended
in its entirety as follows:
ARTICLE X
COLLECTION AND ENFORCEMENT
Sec. i0.i. Direct Billing - Sewer Service Charges.
The'charges herein fixed for sewer services shall be billed and
payable for a quarterly period in advance for the quarters com-
mencing July i, October i, January 1, and April 1 of each fiscal
year; provided, however, that the charges herein fixed for sewer
services shall be billed and payable for one year in advance on
the date of issuance of a new sewer permit for connections. After
the actual new sewer permit connections are finaied by inspection
by the District for sewer service use, the balance of said on~
year in advance charges, if any, for said new sewer permit con-
nections shall be credited against the next quarterly billing or
billings.
Sec. 10.2.
Sewer Charges, Water Charges and Street
Lighting Charges Collected Together.
Where water service is furnished by the District to the real
property that is furnished sewer' service, sewer service charges
and water service charges shall be billed upon the same bill,
collected together and not separateiy,'and collected as one
item. Where water service is furnished by the District to the
real property that is furnished sewer service and street light-
ing service, sewer service charges, street ~iighting service
charges and water service charges shall be~bil~ed upon the same
bill, collected together and not separately, and collected as
one item. Where street lighting service is furnished by the
District to the real property that is furnished sewer service,
sewer service charges and street lighting service charges shall
be billed upon the same bill, collected, together and not separately,
and collected as one item.
Sec. 10.3. Payment. Payment of all charges shall only
be made at the District Office, Customer Service Department,
1275 Meadow Crest Drive, South Lake Tahoe, California, or by mail
addressed to South Tahoe Public Utility District, P. O. Box 1298,
South Lake Tahoe, California, 95705. Charges herein fixed for
sewer service shall be increased by the sum of $12.00 for any
payment by check which is returned unpaid. After any notice of
disconnection~is given by the District pursuant to Sec. i0.8(a),
only a cashier's check, money order or cash will be accepted by
the District as payment of charges, penalties and interest in
order to avoid disconnection of service. Payment may be made on
the sewer service charges component of the bill for which sewer
service charges and water service charges, or sewer service
charges, water service charges and street lighting service charges,
or sewer service charges and street lighting service charges are
billed upon the same bill if the person paying such charges so
directs. If part of a bill for sewer servic~ charges and water
ser¥ice charges, or sewer service charges, water service charges
and street lighting service charges is'paid, and no said direc-
tion is made by the person paying part of said bill as to appli-
cation of said partial payment on any particular component
charge of the bill, payment shall be credited proportionately
on each component of the total bill. If payment is made upon a
bill which includes delinquent charges and penalties or delinquent
charges, penalties and interest, as well as current charges,
whether such current charges are delinquent or not, said payment
shall be first applied to the delinquent charges and penalties or
delinquent charges and penalties and interest. The owner of the
property to which sewer service is furnished or the person to
which sewer service charges are billed or the occupant of the
real property to which sewer service charges are billed may state
a reason for not paying any or all of the component of a bill for
sewer service charges, and the District shall keep a record of
such reason.
Sec. 10.4 Delinquency. If the bill for sewer service
charges, or sewer service charges and water service charges,
or sewer service charges, water service charges and street
lighting service charges, or sewer service charges and street
lighting service charges is not paid before September i for
the quarter commencing July i, before December 1 for the quarter
commencing October 1, before March 1 for the quarter commencing
January 1, and before June 1 for the quarter commencing April i,
for which sewer service charges are herein fixed, such charges
shall be delinquent; provided, however, if a component of the
bill for sewer service charges or water service charges or
street lighting service charges is paid prior to the d~te charges
therefor become delinquent, the charges for that component of
the bill paid shall not be ~eemed to be delinquent.
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Sec. 10.5 Delinquent Penalty and Interest Charges.
A basic penalty of ten percent (10%) of the sewe~ service charges
shall be charged on each delinquent sewer servic? charge.
Administrative processing cost, hereinafter refer~red to as
"interest", at the rate of two and one-hat£ percent (2~%) per
quarter, shall be charged on delinquent sewer service charges
for the quarter in which said charges become delinquent.
Interest at the rate of ten (t0) percent per annum
shall be charged on delinquent sewer service charges, penalties,
and interest for each subsequent quarter said charges, penalties
and interest remain unpaid. Penalties shall not be assessed i£
there is a bonafide dispute as to the amount of any bill or
component thereof. The Board o£ Directors finds that the esti-
mated cost of collecting and administering delinquent sewer
service charges and loss of use o£ funds approximate the penal-
ties and interest in this Sec. 10.5 provided.
Sec. 10.6. Collection of Delinquent Charges.
(a) Remedies for collecting and enforcing sewer
service charges set out in this Section are cumulative and any
and all may be used alternatively, and none of the remedies are
exclusive.
(b) Delinquent charges, together with all penal-
ties and interest thereon, may be added to and become part of
the annual assessment levied upon the land on which sewer service
was used pursuant to Article 3, Chapter 4, Division 7, of the
Public Utilities Code o£ California and become a lien upon said land.
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(c). Delinquent charges, together with all penalties
and interest thereon, may become a lien upon the land for which
sewer service was furnished in the manner provided in Sections
54354, 54354.5 and 54355 of the Government Code of California.
(d). Delinquent charges, together with all penalties
and interest thereon, may be collected in the same manner, by the
same persons, and at the same time together with the general taxes
levied for the District pursuant to sections 5473, 5473.1, 5473.2,
5473.3, 5473.4, 5473.5, 5473.11 and 5473a of the Health and
Safety Code of California and Article 8, chapter 4, Division 7
of the Public Utilities Code of California.
(e). Delinquent charges, together with all penalties
and interest thereon, may be collected by an action in any court
of competent jurisdiction against a person or persons who owned
the property when the service was rendered for the collection of
all delinquent charges, penalties and interest.
(f). Delinquent charges, together with all penalties
and interest thereon, may become a lien upon all real property of
the person liable therefor in any county in which the District
records a certificate of the amount of interest and penalties
due pursuant to Section 14670 of the Public Utilities Code of
California.
(g). An action in any court of competent jurisdic-
tion to enforce any lien on the land for the sewer service charges
together with all penalties and interest thereon.
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(h). Pursuant to Section 16472.5 of the Public
Utilities Code of California, a petition to the Superior Court
for the issuance of a preliminary or permanent injunction, or
both, or for the issuance of an order stopping o9 disconnection
of sewer service if the charges for such service% including all
penalties or interest, are delinquent.
(i). A reasonable attorney's fees and court .costs of
any action in any court for collection of sewer service charges,
together with any penalties and interest thereon, or for a pre-
liminary or permanent injunction, or for the issuance of an order
stopping or disconnecting sewer service, or to enforce a lien,
shall be an additional charge for such sewer service.
(j). If water service is furnished by the District
to the real property that is furnished sewer service and all or
part of the component of any bill related to sewer service
charges is delinquent, the District may disconnect water service
to said property until both sewer service charges and water
service charges, including penalties and interest thereon, are
not delinquent, and all water service disconnection and re-
connection charges have been paid to District.
(k). If sewer service is furnished by the District
to the real property and all or any part of any bill related
to sewer service charges is delinquent, the District may dis-
connect sewer service to the property until sewer service charges,
including penalties and interest, are not delinquent and sewer
service disconnection and reconnection charges have been paid
to District.
Sec. 10.7. Disconnection and Reconnection Charges.
Property as to which sewer service charges become delinquent and
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either water service or sewer service is disconnected, shall
not be reconnected until the following charges have been paid
to District.
(a). Estimate of Costs. The District shall estim-
ate the cost of disconnection and of reconnect~on.
(b). Deposit. The amount of the estimate shall be
deposited in cash, money order, or cashier's checM with the Dis-
trict before the premises will be re-connected.
(c). Balance. District shall notify the owner of
the real property the actual cost of disconnection and re¢on-
nection when the charges therefor have been determined. The
amount of the cost of disconnection and reconnection over the
deposit shall constitute a charge and be added to the next
quarterly billing. The amount of the deposit not used shall be
applied as a credit against future charges, or if requested by
the owner of the real property affected, refunded.
(d). Abatement. During the period of disconnection
of sewer or water service, inhabitation of the premises by
human beings shall constitute a nuisance. The District shall
notify the County Health Department of such disconnection. The
Board may institute and prosecute to conclusion proceedings
for the abatement of such occupancy. In such action reasonable
attorney's fees and court costs, to be fixed by the Court, shall
become due as a further disconnection charge and no reconnection
shall be made until such further charge is paid.
Sec. 10.8. Disconnection Procedures for Delinquent
Sewer Service Charges.
(a). The District shall not terminate its water or
sewer service to any real property on account of non-payment of
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delinquent sewer service charges, or non-payment o£ delinquent
water service charges and delinquent sewer service Charges, or
non-payment o£ water service charges, including penalties and
interest, unless the District £irst gives notice o£ any such
delinquency and impending disconnection o£ sewer service or water
service at least two (2) weeks prior to the proposed termination
by First Class Mailing addressed to the owner o£ such,property,
and the person to whom the service is billed, and to the occu-
pant by placing a door hanger on the property a££ected.
(b). The notice speci£ied in Subdivision (a). shall
state substantially: "Your (sewer service account) or your (water
service account) or your (sewer service account and water service
account) is delinquent and overdue. The balance due on said account as
o£ this date is $ Payment shall be made within two (2)
weeks £rom this date or your (water service) or your (sewer service)
will be disconnected. Payment shall be made at the South Tahoe
Public Utility District o££ice at 1275 Meadow Crest Drive, South
Lake Tahoe, Cali£ornia or by mail addressed to South Tahoe Public Utility
District, P. O. Box 1298, South Lake Tahoe, Cali£ornia 95705, to
avoid disconnection."
(c). The notice speci£ied in subdivision (a). above
shall additionally state in substance the £o!towing: "I£ you have
a complaint or dispute as to the amount o£ the charges you may
request an investigation in writing at the District o££ice or by
mail addressed to the District within seven (7) days from the date
of this notice and shall be given an opportunity for review of
such complaint or dispute or an investigation by the Collection
Of£icer o£ the District, who is also hereby designated as a review
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manager for the purpose of investigating and reviewing such a
complain~ or dispute."
(d). The review shall include consideration of
whether an agreement should be permitted to amortize (pay) the
unpaid balance over a reasonable period of time. The District
Collection Officer may enter into an agreement on behalf of the
District permitting payment of the unpaid balance over a reason-
able period of time, which in his discretion he shall so determine,
but in any event not to exceed three (3) months.
(e). No disconnection shall be effected for any
person complying with any such payment agreement, providing such
person also keeps current the sewer and water service charges for
service accrued in each such subsequent billing period.
(f). If there is a breach of the terms of payment
agreement, the District shall not disconnect service to the affected
property without notification in accordance with the provision of
subdivision (a). and subdivision (b). above which notice shall
further state substantially: "You have breached the terms of
your payment agreement and are not entitled to further investiga-
tion or review by the ~istrict." The District Collection Officer
may enter into a payment agreement prior to the notice provided
in subdivision (a). If there is a breach of sUch payment agreement,
the District shall not disconnect service without notification as
provided in this subdivision (f). The notice provided in this
Section t0.8 is confirmed as prior policy of District.
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(g). No disconnection shall be effected until
the District Customer Relations Officer or his designee has
reviewed the intended disconnection with a committee of two
members of the Board of Directors appointed by the President,
and the committee has made its recommendation~on such dis-
connection to the entire Board of Directors; and provided
further, that no such disconnection be made without Board of
Directors' authorization at a duly called regular or
adjourned regular or special meeting o£ the Board. Notice o£ such a
meeting at which any disconnection is t~ be so authorized shall
be given at least five (5) days in advance of such meeting by
~ Certified Mail addressed to the owner of such property and
to the person to whom the sewer service is billed advising of
the'consideration of proposed disconnection authorization by
the Board of Directors. Any affected person may appear and be
heard by the Board of Directors on such proposed disconnection.
(h). The occupant or actual user of the sewer
service may pay the delinquent sewer service charges or delin-
quent sewer service charges and water service charges or
delinquent water service charges to avoid disconnection.
(i). If water service is disconnected pursuant
to an Ordinance of The South Tahoe Public Utility District
Establishing Rules For Water Service, Water Rates, Operation,
And Methods For Enforcement, said water service shall not be
reconnected until all sewer service charges, including penalties
and interest, have been paid.
Sec. 10.9. Duty of Sewer Service User to Report.
It shall be the duty of each owner of property connected to a
public sewer to report to the District Customer Relations Officer
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all facilities discharging waste into the public sewer. As to any
facilities which are not so reported, they shall be deemed to have
been connected to the public sewer from the date the property was
first connected to the public sewer.
Sec. 10.10. Unreported Connections and Discharges.
Upon discovery of the unreported connections and discharges to the
public sewer system, the District shall charge all current charges
and fees, including all current connection charges. The owner of
said property may, at his option, abate the unreported connection(s)
immediately or pay all current charges and fees, including all
current connection charges. Ail such charges and fees specified
in the Article XII shall be deemed to be sewer service charges
under this Article XII.
Sec. 10.11. Violation. Any person found to be violating
any provision of this Ordinance, or rule or regulation of the Dis-
trict regarding sewer work or connection shall be served by the
District Customer Relations Officer, or other authorized person,
with written notice stating the nature of the violation and pro-
viding a reasonable time limit for the satisfactory correction
thereof. Said time limit shall not be less than two (2) nor more
than seven (7) working days. The offender shall, within the
period of time stated in such notice, permanently cease all viola-
tions. Ail persons shall be held strictly responsible for any and
all acts of their agents or employees done under the provisions of
this or any other ordinance, rule or regulation of the District.
Upon being notified by the District Customer Relations Officer,
or other authorized person, of any defect arising in any sewer
work or connection violation of the Ordinance, or rules or regula-
tions of the District regarding sewer work or connection, the
person or persons having charge of said work or connection shall
immediately correct the same.
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Sec. 10.12. Public Nuisance. Continued habitation of
any building or continued operation of any industrial facility
in ¥ioiation of the provisions of this Ordinance, or rule or
regulation of the District regarding sewer service is hereby
declared to be a public nuisance. The District may institute
aha prosecute proceedings to be brought for the abatement of the
occupancy of the building or industrial facility during the
period of such violation. A reasonable attorney's fee therefor
and court costs shall be deemed additional sewer service charges.
Sec. 10.13. Disconnection.
(a). As a method of enforcing the provisions of
this Ordinance, or rule or regulation of the District regarding
sewer work or connection, and excepting the payment of charges,
the District Customer Relations Officer shall have the power
to disconnect the user from the sewer mains of the District.
The District shall not disconnect the sewer service unless the
District first gives "Notice of Intent to Disconnect" at least
two (2) weeks prior to the proposed disconnection by First Class
Mailing addressed to the owner of the property upon which said
violation of this Ordinance, or rule or regulation of the Dis-
trict regarding sewer work or connection is alleged, to the
person to whom sewer service is billed, and to the person or
persons having charge of said work or connection and by placing
a door hanger on the property affected. Said notice shall
specify the violation of this Ordinance, or rule or regulation
of the District regarding sewer work or connection.
(b). The notice specified in subdivision (a).
above shall additionally say in substance the following: "If
you have a complaint or dispute as to the violation you may
request an investigation in writing at the District o££ice or by
mail addressed to the District o££ice within seven (7) days
6/19-6/20-6/30/85
£rom the date of this notice and shall be given an opportunity
£or review of such complaint or dispute or an investigation by
the Customer Relations Officer o£ the District, who is hereby
designated as a Review Manager for the purpose o£ investigating
and reviewing such a complaint or dispute."
(c). The review shall include consideration o£
whether a correction agreement should be permitted to correct
the violation over a reasonable period o£ time. The District
Customer Relations Of£icer may enter into such a correction
agreement on behat£ o£ the District permitting correction o£
said violation over a reasonable period o£ time, which in his
.discretion he shall so determine, but in any event not exceeding
one (t) month. ~
(d). No disconnection shall be effected for any
person complying with such correction agreement.
(e). If there is a breach o£ the terms of the
correction agreement, the District shall not disconnect the
connection to the a£fected property without notification in
accordance with the provisions of subdivision (a). above
which notice shall further state substantially: "You have
breached the terms of your correction agreement and are not
entitled to further investigation or review by the District."
The District Customer Relations Officer may enter into a
correction agreement prior to the notice provided in subdivision
(a). I£ there is a breach o£ such correction agreement, the
District shall not disconnect service without noti£ication
as provided in this subdivision (f). The notice provided in
this Section 10.13 is confirmed as prior policy o£ District.
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(f). No disconnections shall be effected until
the District Customer Relations Officer or his designee has
reviewed the intended disconnection with a committee of two
members of the Board of Directors appointed by the President,
and the committee has made its recommendation on such dis-
connection to the entire Board of Directors; and provided
further, that no
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such disconnection be made without Board o£ Directors' authoriza-
tion at a duly called ~egutar, adjourned regular or special meeting
o£ the Board. Notice~o£ such a meeting at which any disconnection
is to be so authorized shall be given at least five (5) days in
advance of such meeting by Certified Mail addressed to the owner
of such property and the person to whom the sewer service is
billed, and to the person or persons having charge of said work
or connection advising of the consideration o£ proposed discon-
nection authorization by the Board o£ Directors. Any affected
person may appear and be heard by the Board of Directors on such
proposed disconnection.
(g) Upon Disconnection, the District shall esti-
mate the cost o£ disconnection from and reconnection to the system,
and such owner and/or occupant shall deposit in cash, money order,
or cashier's check the cost, as estimated, of disconnection and
reconnection before such property is reconnected to the system.
The District shall re£und any part of the deposit remaining a£ter
payment of all costs of disconnection and reconnection.
Sec. 10.14. Means of En£orcement Only. The District
hereby declares that the foregoing procedures are established as
a means of enforcement o£ the terms and conditions of its Ordin-
ances, rules and regulations and not as a penalty.
Sec. 10.15. Liability for Violations. Any person
violating any of the provisions of the Ordinances, rules, or
regulations of the District shall become liable to the District
for any expense, loss or damage occasioned by the District by
reason of such violation, which expenses, loss~or damag~ shall
be deemed sewer service charges under this Section 10.
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Sec. 10.16. Further Enforcemen~ Means. In the event
of a violation of any of the representations and agreement in
an application for or conditions in any permit issued pursuant
to Sec. 8.2. herein, Distr~ct may secure a court order requiring
construction, occupancy and use of the parcel of real property
cease until there is compl~ance with the representations and
agreements in said application and any permit issued pursuant
thereto. Ail attorney fees, court costs, administration and
inspection charges incurred by the District in connection with
securing compliance with said representations and agreements
in said application and any permit issued pursuant thereto
shall be assessed as charges against the parcel of real property
subject of said application and permit.
Sec. 10.17. 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.
2. Article XII Schedule No. 6 of said Ordinance No. 359
shall be amended to conform to and supersede Resolution No. 2346
of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT
as follows:
ARTICLE XII
SEWER RATE SCHEDULES
SCHEDULE NO. 6
"A monthly service rate of $6.042 per unit per month with
a minimum service charge of $6.042 per month will be collected."
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Ail other provisions o£ Article XII of Ordinance No.
359, except SCHEDULE NO. 6, are rati£ied and confirmed and
remain in full £orce.
3. Separability. If any section, subsection, sentence,
clause or phrase o£ this Ordinance or the application thereof
to any person or circumstance is for any reason held to be un-
constitutional or invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance or the
application of such provision to other persons or circumstances.
The Board hereby declares that it would have passed this Ordinance
or any section, subsection, sentence, clause or phrase hereof
irrespective of the £act that any one or more section, subsections,
sentences, clauses or phrases be declared to be unconstitutional.
4. Relief by Board and Customer Relations Officer.
The Board may find that by reason of special circumstances any
provision of this Ordinance should be suspended or modified as
applied to a particular property and grant relief from any pro-
vision of this Ordinance for said particular property. The
District Customer Relations Officer may determine that a bona-
fide dispute exists with regard to sewer charges billed pursuant
to this Ordinance, and in such event, waive penalties and
'interest charges.
5. Noti£ication. Notification, except as specified in
Sections 10.8-and.~t0.13, and billing shall be addressed to the
owner of the property furnished sewer services-at the address of
the owner shown upon the last equalized assessment roll of E1
Dorado County, unless the owner of ~'the p~o~ert~ notifies the
District in writing of a different address for his noti£ication
and billing. The occupant and/or property manager of the property
may also be billed. - 16~ -
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6. Ratification of Former Ordinance. Except as amended
by this Ordinance No. -372, Ordinance No. 359 is rati£ied and
confirmed and remains~ in £ult force and effect.
PASSED AND\ADOPTED by the Board of Directors of South
Tahoe Public Utility District at an adjourned regular meeting on
the 1st July , 1985 by the following vote:
Directors Madden, Jones, Olson, Wynn and Mason
ATTES~:
day of
AYES:
NOES:
ABSENT:
None
None
South Tahoe Public Utility District
Pat A. Mamath, ClArk of the Board and
Ex-Officio Secretary
South Tahoe Public Utility District
I hereby certify that the foregoing Ordinance was
adopted at an adjourned regular meeting of the Board of Directors
of the South Tahoe Public Utility District held on the 1st day
of July , 1985, by the following vote:
AYES: Directors Madden, Jones, Olson, Wynn and Mason
NOES: None
ABSENT: None
P . Mamath, C~lerk of the Board
South Tahoe Public Utility District
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
PRESIDENT
MICKEY MADDEN
Sewer .1950 .Water A PUBLIC AGENCY
P.O. Box 1298 South Lake Tahoe, California 95705
1275 Meadow Crest Drive
Phone (916) 544-6474
DIRECTORS
WALTER "NEAL" OLSON
JAMES R. JONES
JOHN WYNN
ROBERT MASON
July 18, 1985
Tahoe Daily Tribune
P.O. Box 1358
So. Lake Tahoe, CA
95705
Attention: Legal Notice Department
Enclosed is Ordinance No. 372 and 373
Please publish this Ordinance/these Ordinances in the Legal Notice
Section of your newspaper on the following date:
Tuesday, July 23, 1985
Also, please send me two copies of AFFIDAVIT OF PUBLICATION for
each Ordinance listed above.
Thank you.
Pat A. Mamath
Clerk of Board
enclosure (s)
AFFIDAVIT OF POSTING
State of California )
)ss
County of E1 Dorado )
I, Jack Sullivan , being first duly sworn, deposes
and says:
That for and on behalf of the Clerk of Board of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of
Ordinances No. 372 and No. 373 in form attached
hereto and by reference made a part hereof, in three (3)
public places in the District as follows:
(i)
(2)
(3)
City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
A1 TahOe iPost Office Station (Main Post Office)
South Lake Tahoe, CA
Tahoe Valley Post Office Station ("Y" area)
South Lake Tahoe, CA
That said posting was completed on the
July , 1985
Subscribed and sworn
to me thi~ ./~
day of ~j~/~ ,
19th day of
Notary Public in and for the
State of California, County of
E1 Dorado.
My commission expires: 1/14/89