Ordinance No. 4391
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ORDINANCE NO. 439
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING ORDINANCE NOS. 360 AND 413 REGARDING WATER CONNECTION
RATES
The Board of Directors of 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 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 Board
meeting of said Board of Directors, on November 21, 1991, 6:00 ~!
at,he place specified in said Notice of Hearing.
3. The existing rates for water connections are
less than the estimated cost of providing said services
except for family units. The estimated costs of a water
connection are as follows:
single family residential (3/4 in.)
administration cost
Total:
minimum metered connection (3/4 in.)
minimum administration cost
$1,550.00
150.00
$1,700.00
$1,550.00
150.00
plus actual costs above the minimum to process application.
All metered connection fees are determined as follows:
a. $1,550.00 per 609 gallons maximum day
use at a minimum of one capacity unit.
ESTIMATED FLC~ (gals. max. day)
609 gals. max. day X $1,550 + admin, cost = connection charge;
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ORDINANCE NO. 439
b. actual administrative costs incurred in
the processing of the service request with a minimum of
$150.00 per connection;
c. the applicant shall be responsible for the
cost and installation of said meters. Said meters will
be of a design approved by the District's Engineering staff;
d. the maximum day use will be evaluated
from time to time, at the sole discretion of the District.
Said evaluation shall be complete within three years from
the date of actual service. If the actual maximum day use
within that period differs from the estimated maximum day
use that was the basis for the original connection fee, then
an additional charge will be assessed or the overpayment will
be refunded;
e. the water connection permit will be for a
specific structure with a fixed number of sewer units and
a square footage for outside use. Any change of use will
require a new water connection permit based on an initial
evaluation and a three year evaluation as above;
f. transfer of water connections from one parcel
to another will not be allowed;
g. credits for previous service will not be given
unless the service remains on the same parcel;
h. all metered connection applications shall
be reviewed by District Engineering Department.
4. Existing revenue sources of the District, including
the increases in connection fees imposed hereby, will provide
services for which these charges are imposed and for which
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ORDINANCE NO. 439
there is available capacity in the District system. If the
District's facilities are not sufficient to serve the project
or are required to be modified or relocated, then the additional
cost to serve will be the responsibility of the applicant.
5. The total fees collected in accordance with the
terms hereof shall be used for the following purposes and
no others:
a. to pay the administrative costs incurred
by the District in providing, evaluating, and inspecting new
connections to the water enterprise;
b. the District's cost in coordinating with
other governmental entities regarding such connection;
c. the cost to plan, study, undertake and finance
capital projects within the water enterprise;
d. "as is" Buy In Value is based upon Present
Depreciated Replacement Value less debt, and grant and tax
transfer contributions.
6. No capital projects are hereby approved.
7. The District, approximately annually in its budget
process, 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 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.
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ORDINANCE NO.
439
NOW, THEREFORE, BE IT ENACTED by the SOUTH TAHOE
PUBLIC UTILITY DISTRICT as follows:
Section 1. Ordinance Nos. 360 and 413 are hereby
amended by amending Schedule No. 1 of Article XII of Ordinance
360 thereof to read as follows:
Schedule No. 1 - Connection Fees:
Single Family Residential (3/4 in.) $1,700.00
Minimum Metered Connection (3/4 in.) $1,700.00
Connections larger than the minimum connection will
be determined as follows:
a. $1,550.00 per 609 gallons maximum day use
at minimum of one capacity unit;
b. actual administrative costs incurred in the
processing of the service request with a minimum of $150.00
per connection;
c. the applicant shall be responsible for the
cost and installation of said meters. Said meters will be
of a design approved by the District's Engineering staff;
d. the maximum day use will be .evaluated
from time to time, at the sole discretion of the District.
Said evaluation shall be complete within three years from
the date of actual service. If the use within that period
has changed, an additional charge at the capacity unit charge
at time of first use will be assessed or a refund made;
e. the water connection permit will be for specific
structure with a fixed number of sewer units and square footage
for outside use. Any change of use will require a new water
connection permit based on an initial evaluation and a three
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ORDINANCE NO. 439
year evaluation as above;
f. transfer of water connections from one parcel
to another will not be allowed;
g. credits for previous service will not be given
unless the service remains on the same parcel;
h. all metered connection applications shall be
reviewed by District Engineering Department. District Eng'
staff shall set the maximum day use and fee requirement;
i. if applicant is dissatisfied with the staff
computation of fee for service, the applicant may follow the
District's standard appeal process and request intervention
~2 by the Board of Directors of the District.
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Section 2.
its entirety.
Section 3.
Section 3 of Ordinance 413 is deleted in
This Ordinance amends only portions of
2 of Ordinance No. 413 and portions of Article XII of Ordinance
360 and deletes Section 3 of Ordinance No. 413. In all other
respects, including all subsequent amendments to said ordinances
adopted prior to the date hereof, Ordinance Nos. 359, 360 and
413 are ratified and confirmed and remain in full force and
effect.
Section 4. 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, subsectior
subdivision, paragraph, sentence, clause or phrase thereof,
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ORDINANCE NO. 439
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irrespective of the fact that any one or more sections, sub-
sections, subdividions, 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
21st day of November , 1991, by the following vote:
AYES:
NOES:
ABSENT:
Directors Sinclair, Pierini, Onysko, Mosbacher
and Mason
None ~
None /
NATJSINCLAIR, CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
IATTEST:
PAT A.-~AMATH, Clerk of 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 water connection
fee increases contemplated by proposed Ordinance No. 439 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 Muni.
Improvement Dist., 146 Cal. App. 3d 997 (1983).
Generally, Ordinance No. 439 will increase water connection
fees on metered new connections for connections 1 inch and
above. Three-quarter inch connection fee will remain the same.
Ordinance No. 439 is exempt from the provisions of CEQA
based upon the following express findings:
1. The increase in connection fees is slightly less
than the anticipated cost of providing the respective service.
2. The increase is necessary and appropriate as to
the water enterprise 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.
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 No. 439 are incorporated
herein by this reference.
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5. No projects related to the water enterprise of the
District is hereby approved.
6. The funds necessary to conduct the preliminary
planning, studies and review necessary to consider and evaluate
potential projects including their environmental impacts related
to the water enterprise ar~e, hi part, included in the rates
imposed by Ordinance No. 439.
PASSED AND ADOPTED by the Board of Directors of South
Tahoe Public Utility District at its regular meeting on the
21st day of November , 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Directors Sinclair, Pierini, Onysko, Mosbacher
and Mason
None
None
None L
NAT/SINCLAIR, CHAIRMAN OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MAMATH, Clerk Of Board and
Ex-Officio Secretary
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
Chairman
NAT SINCLAIR
Sewer .1950 .Water A PUBLIC AGENCY
P.O. Box 19487 · South Lake Tahoe, California 95706-3487 · Phone (916) 544-6474
1275 Meadow Crest Drive FAX (916) 541-0614
November 22, 1991
VIA FAX
Directors
ROBERT MASON
MARY LOU MOSBACHER
STEVEN J. ONYSKO
LOU PIERINI
Tahoe Daily Tribune
P.O. Box 1358
So. Lake Tahoe, CA 95705
Attention: Legal Notice Department
Enclosed is Ordinance No. 439 & Notice of Exemption.
Please publish this Ordinance/these Ordinances in the Legal Notice
Section of your newspaper on the following date:
Wednesday, November 26, 1991
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 )
If
and says:
Patrick Dolan
being first duly sworn, deposes
That for and on behalf of the Clerk of Board of the SOUTH
TAHOE PUBLIC UTILITY DISTRICT, affiant posted copies of
Ordinance 439 & Notice of Exemption in form attached
hereto and by reference made a part hereof, in four (4)
public places in the District as follows: -
(1) City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
(2) A1 TahOe iPost Office S'tation
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 sworn
to me th~s
day of ~..~ ( ,
19q{. ''
No t~ar~y p ub~l i c~~ r~-~h e
State of California, County of
E1 Dorado.
My commission expires:
AFFIDAVIT OF PUBLICATION
STPUD
Box 19487
SLT, CA.95706-34~7
Ordinance ~439
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
eighteen years, and not a part to or
interested in the above entitled matter,
I am the principal clerk of the printer
of the printer of The Tahoe Daily Tribune
a newspaper of general circulation,
printed and published Sunday through
Friday 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
published in each regular and entire issue
of said newspaper and not in any
supplement thereof on the following dates,
to wit: November 26
all in the year of: 1991
I certify (or declare) under penalty,
that the foregoing is true and correct,
Dated at South Lake Tahoe
California, this 26 date of ]',)'ov19 91
AFFIDAVIT OF
STPUD
Box 19487
SLT, CA. 95706-3487
PUBLICATION
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States and a
resident of the County foresatd; I am over
eighteen years, and not a part to or
Interested In the above entitled matter,
I am the principal clerk of the printer
of the printer of The Tahoe Dally Tribune
a newspaper of general circulation,
printed and published Sunday through
Friday in the City of South Lake Tahoe,
County of El Dorado, and which newspaper
has been adjudged a newspaper of general
clrculatlon 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
published in each regular and entire issue
of said newspaper and not In any
supplement thereof on the following dates,
to wit: Nov. 26
'all In the year of: 1991
.I certify (or declare) under penalty,
that the foregoing is true and correct,
Dated at South Lake Tahoe
California, this 2 6 date of ^No~' 19 9~1
Notice of Exemption
P. O. Box 1358 SOuth Lake Tahoe, CA 95705 Phone (916) 541-3880 or (702) 831-2344
capa~!t¥ in
a:cCOrdin~
in¸
:and '
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by th~
District's I staff;
d. the
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amends i o
Section 2of Ordi~nce No
of O~ace ~ a~ delete,,
Section 3 ~ ~,~n~ No.
in~uding mil mub~quenl
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