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Ordinance No. 450 ORDINANCE NUMBER 450 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ORDINANCE NUMBER 405 REGULATING THE USE OF FIRE HYDRANTS WHICH ARE UNDER DIRECT CONTROL OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT BE IT ENACTED by the Board of Directors of the South Tahoe Public District, County of E1 Dorado, State of California, as follows: 1. Article I - DEFINITIONS of Ordinance Number 405 shall be amended by addition as follows: ARTICLE I - DEFINITIONS Section 1.12F Meter Rate Service - Provision of water by measured quantities. Section 1.12G Annual Minimum Rate Per Piece of Water usinq Equipment - The minimum water rate charge per year, per piece of water using equipment. Section 1.12H Minimum Rate Fee Charqed Per Piece of Water Usinq Equipment - The minimum water rate charge. 2. Article XII - ESTABLISHMENT OF WATER RATES AND CHARGES shall be amended as follows: ARTICLE XII - ESTABLISHMENT OF WATER RATES AND CHARGES Section 7.5: Permit Fee -$35.00 Section 7.6: Rate Fee per piece of water using equipment: The rate fee per piece of water using equipment shall be based on the most current applicable annual minimum rate per meter established for three inch (3") meters by the South Tahoe Public Utility District. The minimum rate fee charged per piece of water using equipment shall be one twelfth (1/12) of the annual minimum rate per meter, which corresponds to one (1) month of use. Thereafter, the rate fee charged will be based on thirty (30) day increments, with each increase in rate charged being one-twelfth (1/12) of the annual minimum rate per meter. 3. ARTICLE X - ENFORCEMENT OF ORDINANCE of Ordinance Number 405 shall be amended as follows: ARTICLE X - ENFORCEMENT OF ORDINANCE RULES AND REGULATIONS Section 10.6: Service of water to any water-using equipment shall be immediately discontinued by the District if a permit has not been obtained or cannot immediately be shown. Additionally, for an initial violation, such person shall be charged the standard rate fee per piece of water using equipment, in an amount not less than the minimum rate fee charged per piece of water using equipment; a permit fee; all administrative and legal costs and expenses; and a Two Hundred Fifty Dollar ($250.00) fine. If any person(s) are discovered drafting water a second time without a permit, they shall then be prohibited from drafting any water at any time from the District Water System for a period of one year. Additionally, such person(s) shall be charged the standard rate fee per piece of water using equipment, in an amount not less than the minimum rate fee charged per piece of water using equipment; a permit fee; all administrative and legal costs and expenses in the enforcement of the provisions of this article, as well as a Five Hundred Dollar ($500.00) fine. Such persons are -2- also subject to criminal prosecution, to the fullest extent of California law, pursuant to California Penal Code Sections 498, 592, and 607. This Ordinance amends Ordinance 405, Article I by addition. Further, this Ordinance amends Article XII, Sections 7.5 and 7.6, and Article X, Section 10.6 of Ordinance 405. In all other respects, said Ordinance 405, as well as Ordinance 360, passed and adopted by the Board of Director of the South Tahoe Public Utility District on December 1, 1983 are hereby ratified, confirmed and in full force and effect except as amended. This ORDINANCE shall take effect upon the expiration of thirty (30) days after its passage and shall be posted by the CLERK of the SOUTH TAHOE PUBLIC UTILITY DISTRICT at three (3) public places in said District at least one week before the expiration period. PAST AND ADOPTED at a duly held regular meeting of the BOARD OF DIRECTORS of the SOUTH TAHOE PUBLIC UTILITY DISTRICT on the 21st day of j~hlN__~ bY the following vote: Ayes: Strohm, Mason, Wallace, Jones, Mosbacher Noes: None Absent: None DUANE wALLACE~ Chairman of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT Attest: PAT MAMATH, Clerk of-the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT -3- AFFIDAVIT OF POSTING State of California ) )ss County of E1 Dorado ) I, Kathy Sharp , 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 Nd. 450 in form attached (4) hereto and by reference made a part hereof, in four public places in the District as follows: (4) That said posting was completed on the July , 19'94 (1) City of South Lake Tahoe Administration Building South Lake Tahoe, CA (2) A1 Tahoe 'Post Office Station South Lake Tahoe, CA (3) Tahoe Valley Post Office Station ("Y" area) South Lake Tahoe, CA Tahoe Paradise Post Office Station, So. Lake Tahoe, CA 25th day of Subscribed and sworn to me this 25th day of July , 1994. Cl'e~k ~'f tl"t,e[ Board (As~stant) SOUTH TAH~/~UBLIC UTILITY DISTRICT AFFIDAVIT OF PUBLICATION STP. UD 1275 Meadow Crest South Lake Tahoe, CA 96150 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 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 adjudicated 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 (6) six point), has been published in each regular and entire issue of said news- paper and not in any supplement therefore on the following dates, to wit: July 26 all in the year: 1994 I certify under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe, California this 26 Signed: date of July 1994. lC Annual Pie~e of rate Xil - ARTICLE XlI- WATER RATES AND CHARGES Section 7.5¥ Permit I=ee - Section 7.,S:. Ra~e Fee per p~.ce ~cf w;~ter' · using ;[~, pment: The ~;a~e fee t~er i~e of, 'Water~ -~ most c~rrent: N~lcabte ,..znaual minimu'm rate. per ~n'~er estebfiahed' for three :~.[1~! (3) met~=.i~ the Seuth :?to ~her miniature ~ate ~fee chargeeper pi'ace ~f~water -~g equipment,shell be one ,~li~h (1/12) of the annual 'tsli~imum .rate I~er mater, ~hrCh .corresl3er~d~.:te one (1) '.~lh of.use. The~, the ;.~.',~hirty (30)' day increments, ~'~th each increase' in rate "~e3Fged being one*twelfth · .~2) ct the annual minimum ~'r~ per meter. 3. ARTICLE X - ~ENF OF ~ee~a oblai~ed '~ler using eq ~e[mit fee;' all'admtn~tra~e ;~'a T~ Hun~e~ Fifty ", ' If any'~er~n[~)are -c~overed draffl~ ~amr a ~ shall ~en be pr~ibited .~ ~a~ng ~ ~ at any ~flme ~om ~e Ol;~l~t Water ~etem.for'e'per~l one ~r. Ad~tlonall~, such _~rson(s) l~:all be'~arged :the standard rate fee per Piece of':~..water us'in~ ,~ipment, jn ~ ~ount n~ ~:~ than mer~minlmam rate ~ charged, per'piece of ~r us Og ~uip~ent; a a~inistmdve the )eta ~ of HOE 1994