Ordinance No. 409ORDINANCE NO. 409
AN ORDINANCE OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
PROVIDING PROCEDURES FOR THE SALE
OF UTILITY CAPACITY RIGHTS FOR CHANGE IN USE
BE IT ENACTED, by the Board of Directors of South Tahoe
Public Utility District, County of E1 Dorado, as follows:
SECTION I - DEFINITIONS
A. Sewer Unit - A sewer unit is an estimated measurement
of flow and strength of wastewater discharged to the treatment
facilities. A sewer unit is used for the purpose of
determination of assessment of sewer service charges.
B. The District - The South Tahoe Public Utility District.
SECTION II - FINDINGS
A. The present capacity of the District's wastewater
treatment and exportation facilities has been determined to
equate to approximately 73,777 sewer units. All of such sewer
units are committed to particular parcels or uses.
B. The only portion of the 73,777 sewer units which are
committed but unissued are 891 sewer units which are required by
the terms of contracts with the United States Environmental
Protection Agency and with the State of California to be
utilized in connection with changes in use on existing improved
parcels rather than for new development.
C. Change in use sewer units have been issued by the
District annually on a first come, first served basis and the
average number of sewer units so issued annually is
approximately 250 sewer units, of which approximately 100 sewer
units per year have been issued to governmental entities for
what are believed to be extraordinary and nonrecurring purposes.
D. It is not anticipated that a sewer unit capacity in
excess of 73,777 sewer units will be available to District
customers for some time.
E. It is necessary and appropriate that change in use
sewer capacity not be exhausted before additional capacity is
available for new development.
F. The methods selected herein are the most equitable
methods at this time for allocating the limited number of
presently available sewer units.
SECTION III
ALLOCATION OF CHANGE IN USE SEWER UNITS
A. Sewer units for change in use applicants shall be
issued annually on a first come, first served basis according to
the date and time the application is received by the District.
B. Subject to the possibility that additional sewer units
may be required to be issued in order to meet an immediate
health, safety and general welfare need, change in use sewer
units shall be issued by the District annually in a manner that
will assure that capacity is available therefor over the next
four to five years. To that end the number of such sewer units
issued annually hereafter shall average no more than two hundred
(200) sewer units.
C. District staff shall monitor the number of sewer units
issued and periodically shall report to the District Board of
Directors concerning the numbers of sewer units issued,
remaining and anticipated demand. In the event of a change in
the anticipated demand for sewer units the number of sewer units
authorized to be issued may be adjusted.
D. When available estimates indicate that existing demand
will exceed the sewer units available for issuance at the rate
established by this ordinance, no further change in use sewer
units shall be issued except upon action of the District Board
of Directors.
SECTION IV
LIMITATIONS ON ISSUANCE
Notwithstanding any of the provisions of Section III hereof,
the issuance of sewer units pursuant to the terms of this
ordinance is hereby further limited as set forth in this
section.
A. Application for change in use sewer units shall be made
on a form provided by the District and shall include complete
plans and specifications for the contemplated work of
improvement for which sewer units are desired. The application
shall not be deemed complete or received by the District unless
and until it is accompanied by such plans and specifications.
B. Sewer units acquired pursuant to the provisions of this
ordinance shall not be transferable to any other parcel of land
other than that to which it is issued under the terms of this
ordinance. At such time, if any, that any sewer units are
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transferred from the parcel to which change in use or previously
unreported sewer discharges are issued, the sewer units so
issued shall revert to the District. The applicant shall cause
to be recorded with the E1 Dorado County Recorder a Notice
Restricting Transfer of Sewer Units which describes the real
property of the applicant to which the sewer units are to be
issued, specifies the number of sewer units to be so issued, and
acknowledges that such sewer units are not transferable.
C. District action authorizing issuance of sewer units
hereunder shall lapse unless the applicant secures any required
approval from other governmental entities relating to the
contemplated work of improvement for which the sewer units are
necessary within ninety (90) days of District approval.
D. District action authorizing issuance of sewer units
hereunder shall lapse unless the work of improvement for which
the sewer units are necessary is commenced within thirty (30)
days of the last discretionary approval necessary to commence
the work of improvement and said work of improvement is
diligently prosecuted to completion thereafter.
E. Ail sums due to the District shall be paid before
issuance of any sewer units hereunder, including the sums
specified by the District's Sewer, Water and Street Lighting
Ordinances and service charges and assessments shall continue to
accrue from the date of issuance irrespective of whether or not
such sewer units are then connected to the District's collection
facilities.
F. No more than five (5) sewer units shall be issued
hereunder to any parcel or development involving multiple
parcels.
G. Any sewer units issued hereunder for an interim or
temporary use shall revert to the District upon cessation of
that use. Any sewer units authorized for issuance which are not
timely connected to the District's connection facilities as
provided in Section IV. B. and C. hereof shall not be deemed
issued and thereby revert to the District.
H. No sewer units shall be issued hereunder which will
result in an increase in the estimated measurement of flow or
strength of wastewater discharged to the District's treatment
facilities per sewer unit on the parcel.
I. No sewer units shall be issued hereunder which do not
comply with the criteria set forth in this ordinance or the
issuance of which would violate any law, including any order or
judgment of a court of competent jurisdiction or the orders of
competent governmental authorities, including the waste
discharge orders of the California Regional Water Quality
Control Board - Lahontan Region.
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J. The District's Board of Directors may from time to time
adopt by resolution additional procedures relating to the
issuance of sewer units as may be necessary to effectuate the
terms hereof.
SECTION V - 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 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, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid.
PASSED AND ENACTED BY THE Board of Directors of the South
Tahoe Public Utility District at its duly held regular meeting
on the 21st day of July , 1988, by the following
vote:
AYES:
Directors OlsOn, Mason, Walker
NOES: None
ABSENT:
ATTEST:
Directors Jones, Sinclair
CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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AFFIDAVIT OF POSTING
State of California )
)ss
County of E1 Dorado )
I, Patrick Dolan , 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
Ordinance No. 405 and 409 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) A1 TahOe Post Office Station (Main Post Office)
South Lake Tahoe, CA
(3) Tahoe Valley Post Office Station ("Y" area)
South Lake Tahoe, CA
That said posting was completed on the
day of
, 198
Subscribed and sworn
to me this ~A
day of ~d ~/ ,
198 ~
Notary Public ih and for the
State of California, County of
E1 Dorado.
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