Ordinance No. 413 - Superseded 1
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ORDINANCE NO. 413
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING
ORDINANCE NOS. 359 AND 360 REGARDING SEWER AND WATER CONNECTION
RATES
The Board of Directors of the South Tahoe Public
Utility District makes the following findings:
1. Notice of Hearing of this proposed Ordinance
was duly given, authorized, posted, and published as required by
law and specifically, that said Notice fixing the time and place
of hearing on said Ordinance was duly given, posted, and
published as required by Section 54992 of the Government Code of
California.
2. Pursuant to said Notice of Hearing, a hearing
by the Board of Directors of South Tahoe Public Utility District
on this proposed Ordinance was held at a regular meeting of said
Board of Directors on April 20, 1989, at 4:30 p.m. at the place
specified in said Notice of Hearing.
3. The existing rates for sewer and water
connection are less than the cost of providing each of said
services in that slightly less than the actual and estimated
cost for a typical single family unit is as follows:
a. Sewer connection $6,000; and
b. Water connection $1,700.
4. Existing revenue sources of the District,
including the increases in connection fees imposed hereby, will
be adequate to provide each of the services for which these
charges are imposed.
ORDINANCE NO. 413
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5. A portion of the connection fees imposed
hereby will raise the revenues necessary to evaluate potential
projects related to the water and sewer enterprises of the
District. It is necessary and appropriate that the customers of
the District that create the demand for such potential projects
pay the cost therefor.
6. The fees collected in accordance with the
terms hereof shall be used for the following purposes and no
others: to pay the costs incurred by District in providing and
inspecting new connections to each of said enterprises including
the portion of the connector's obligation for the accumulated
equity in each enterprise, the District's costs in coordinating
with other governmental entities regarding such connection, and
the cost to plan, study, undertake and finance capital projects
within the respective service areas of each enterprise necessary
to provide such connection.
7. No capital projects for either enterprise are
hereby approved. By the studies adduced at and prior to the
date of adoption hereof, however, the connection fees imposed
hereby are composed, in part, of the pro rata share necessary
from each connector to complete the projects necessary for the
District to provide the service for which the charge is imposed.
8. The District approximately annually will
review any unexpended portion of the fees collected hereby and
assess the continued need for retention of said funds for the
purposes described herein. To the extent, if any, that the
District determines that the unexpended portion of fees
collected hereby no longer are needed to pay the anticipated
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ORDINANCE NO. 413
District costs described herein, those unneeded unexpended funds
will be refunded to the then current owner or owners of the real
property who paid connection fees in accordance with this
ordinance on a prorated basis.
9. There are or may be unique attributes of
projects subject to the Community Redevelopment Law in that, foz
example, it is anticipated that sewer capacity presently in use
will be used for such projects and that the actual costs of the
District associated with such projects may be less than the
rates imposed hereby. Connection charges for Community
Redevelopment Law projects are reserved for future legislation.
NOW, THEREFORE, BE IT ENACTED by the SOUTH TAHOE PUBLI(
UTILITY DISTRICT as follows:
Section 1. Ordinance No. 359 is hereby amended by
amending Schedule No. 1 and Schedule No. 2 of Article XII
thereof to read as follows:
"Schedule No. 1:
A fee of $2,000.00 times the number of sewer units
to be connected to the collection system with a
minimum of $2,000.00.
Schedule No. 2:
A fee of $2,000.00 times the number of sewer units
so added."
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ORDINANCE NO. 413
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Section 2. Ordinance No. 360 is hereby amended by
amending Schedule No. 1 of Article XII thereof to read as
follows:
"Schedule No. 1:
Connection Fees: Single Family Unit
Where water service was installed
by Subdivider $1,500.00
All Other Single Family Units $1,700.00
All Other Connections - $1,700.00 Per Service
Inch (Plus cost of Meter and installation if
applicable)."
Section 3. The provisions hereof shall not apply
to projects undertaken pursuant to the Community Redevelopment
Law.
Section 4. This Ordinance amends only portions of
Article XII of Ordinance No. 359 and Article XII of Ordinance
No. 360. In all other respects, including all subsequent
amendments to said ordinances adopted prior to the date hereof,
Ordinances Nos. 359 and 360 are ratified and confirmed and
remain in full force and effect.
Section 5. 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 of more sections,
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ORDINANCE NO. 413
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subsections, subdivision, paragraphs, sentences, clauses or
phrases be declared invalid.
PASSED AND ADOPTED by the Board of Directors of
South Tahoe Public Utility District at its regular meeting on
the 20th day of April
, 1989, by the following vote:
AYES: Directors Jones, Olson, Mason, Walker
NOES: Director Sinclair
ABSENT:None
ROBERT MASON, Chairman
Board of Directors
South Tahoe Public
Utility District
ATTEST:
PAT A. MAMA~H, Clerk of the
Board and Ex-Officio Secretary
South Tahoe Public
Utility District
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NOTICE OF EXEMPTION
The Board of Directors of the South Tahoe Public Utility
District hereby determines that the proposed sewer and water
connection fee increases contemplated by proposed Ordinance #413
are exempt from the provisions of the California Environmental
Quality Act ["CEQA"] pursuant to the provisions of §21080(b)(8)
California Public Resources Code and Condit v. Solvang Mun.
Improvement Dist., 146 Cal. App. 3d 997 (1983).
Generally, Ordinance #413 will increase sewer connection
fees to $2,000 per sewer unit from $1,330 per sewer unit and
will increase water connection fees to $1,700 from $1,000 for a
single family residence.
Ordinance #413 is exempt from the provisions of CEQA based
upon the following express findings:
1. Each of said increases in connection fees is
slightly less than the anticipated cost of providing the
respective service.
2. Each of said increases are necessary and
appropriate as to both the sewer and water enterprises for each
of the following reasons :
a. to pay operating expenses of the District;
b. to purchase supplies, equipment and materials;
c. to meet financial reserve needs; and
d. to obtain funds for capital projects necessary
to maintain each of said services within their
respective service areas.
NOTICE OF EXEMPTION
3. The operating expenses, supplies to be purchased,
reserve needs and funds for potential capital projects all are
District financial needs emanating from the service to be
provided.
4. The findings of Ordinance #413 are incorporated
herein by this reference.
5. No projects related to either the sewer or water
enterprises of the District are hereby approved.
6. The funds necessary to conduct the preliminary
planning, studies and review necessary to consider and evaluate
potential projects including their environmgntal impacts related
to the water and sewer enterprises are, in part, included in the
rates imposed by Ordinance #413.
PASSED AND ADOPTED by the Board of Directors of South
Tahoe Public Utility District at its regular meeting on the 20th
day of April , 1989, by the following vote:
AYES: Directors Jones, Olson, Mason, Walker
NOES: None
ABSENT: None
ABSTAIN: Director Sin~.~~
ROBERT MASON, Chairman
Board of Directors
South Tahoe Public Utility District
ATTEST:
PAT A. MAMATH, C~erk of the
Board and Ex-Officio Secretary
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 Nos. 413, 414, 415 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
(4) Tahoe Paradise Post Office Station, So. Lake Tahoe, CA
That said posting was completed on the ~-~' day of
Subscribed and s~orn
to me this ~ ~
day ~of ~~ ,
198ff. f -
Notary Public in and for-the
State of California, County of
E1 Dorado.
~,'~'~ NOTA~RY PUBLIC-CAUFORNIA
]~7_~'- ~-'E~ DO~ADO COUNTY
My commission expires:
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN
SCHEDULED FOR THE 20th DAY OF April, 1989
4:30 P,M, AT 1900 Lake Tahoe Boulevard, City Council
Chambers, as part of a regularly scheduled meeting
BY ORDER OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC
UTILITY DISTRICT TO CONSIDER oral or written presentations
made by any person, including those owninq property within
~h~ boundaries of the District. regarding proposed Ordinance
No. 4]~ entitled "AN ORDINANCE OF THE SOUTH TAHOE PUBLIC
UTILITY DISTRICT AMENDING ORDINANCES NOS. 359 AND 360 RE-
~ARDING SEWER AND WATER CONNECTION RATES".
The matter to be considered is a proposed increase in
~nnection fees for water and sewer service of not to exceed
the estimated reasonable cost of providing each of said
services. At least ten (10) days prior to the date of the
hearing at the offices of the District, 1275 Meadow Crest
Drive, South Lake Tahoe, California, there will be available
to the public data indicating the amount of cost, or estim-
ated cost, required to provide each such connection service
and the revenue sources anticipated to provide each such
ne ct ion service. ~./~.~ ~.,
PAT A, MAMATH, CL~ERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
DATED: March 31, 1989