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Ordinance No. 452 - Superseded ORDINANCE NO. 452 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ORDINANCE NOS. 360, 413, AND 439 REGARDING WATER CONNECTION RATES The Board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 April 6, 1995, 5:00 P.M. at the place specified in said Notice of Hearing. 3. The rates for water connections are as follows: Single family residential (3/4") Administration cost Total: Minimum metered connection (3/4") Minimum administration cost $1,550.00 150.00 $1,700.00 $1,550.00 150.00 plus actual costs above the minimum to review plans and/or process application. Connections larger than the minimum connection will be determined as follows: a. $1550.00 per 470 gallons average day during peak month use at a minimum of one capacity unit. Estimated demand (ava.aals./dav, max. mo.) X $1550 + admin cost = connection charge 470 gals. avg. day during peak month; b. actual administrative costs incurred in the plan review and/or 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 average day during peak month use will in most circumstances be evaluated on a monthly basis. "Monthly use" will generally refer to a calendar month. However, at the reasonable discretion of the District, the average day during peak month use may be evaluated using a successive 30 day period. Said evaluation will be complete within two (2) years of the date of actual service. If the actual average day during peak month use within that period differs from the estimated 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 amount of sewer discharge capacity on a parcel and/or square footage for outdoor landscaping use. Any significant change of use will require a new water connection permit based on an initial projection of use by the applicant and a two (2) year evaluation as above. Significant change of use shall mean the estimated addition of at least one capacity unit of use, 470 gallons. 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; -2- h. all metered connection applications with the exception of single family, duplex, and triplex residential applications shall be reviewed by District Engineering Department staff. 4. Existing revenue sources of the District, including the connection fees imposed hereby, will provide services for which these charges are imposed and for which 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; "as is" Buy-In Value is based upon Present Depreciated Replacement Value less debt, and grant(s). 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 -3- owners of the real property who paid connection fees in accordance with this ordinance on a prorated basis. NOW, THEREFORE, BE IT ENACTED by the SOUTH TAHOE PUBLIC UTILITY DISTRICT as follows: Section 1. Ordinance Nos. 360, 413, and 439 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") Administration cost Total: Minimum metered connection (3/4") Minimum administration cost $1,550.00 150.00 $1,700.00 $1,550.00 150.00 plus actual costs above the minimum to review plans and/or process application. Connections larger than the minimum connection will be determined as follows: a. $1,550.00 per 470 gallons average day during peak month use at minimum of one capacity unit; b. actual administrative costs incurred in the plan review and/or 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 average day during peak month use will in most circumstances be evaluated on a monthly basis. "Monthly use" will generally refer to a calendar month. However, at the reasonable discretion of the District, the average day during peak month use may be evaluated using a successive 30 day period. Said evaluation will be complete within two (2) years of the date of actual service. If the -4- actual average day during peak month use within that period differs from the estimated 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 amount of sewer discharge capacity on a parcel and/or square footage for outdoor landscaping use. Any significant change of use will require a new water connection permit based on an initial projection of use by the applicant and a two (2) year evaluation as above. Significant change of use shall mean the estimated addition of at least one capacity unit of use, 470 gallons. 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 with the exception of single family, duplex, and triplex residential applications shall be reviewed by District Engineering Department staff. District Engineering staff shall set the average day during peak month 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 by the Board of Directors of the District. Section 2. This Ordinance amends only portions of Section 1. of Ordinance 439 and portions of Section 2 of Ordinance No. 413 and portions of Article XII of Ordinance 360. In all other respects, including all subsequent amendments to said ordinances adopted prior to the date hereof, Ordinance Nos. 359, 360, 413, and 439 are ratified and confirmed and remain in full force and effect. -5- Section 3. 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, sub- sections, subdivisions, 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 6th day of April, 1995, by the following vote: AYES: Directors Strohm, Mason, Wallace, Jones, Mosbacher NOES: None ABSENT: None DUANE WALLACE, PRESIDENT OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: KATHY SHARP//,/ Clerk' of B~rd and Ex-Officio ~ecretary SOUTH TAHOE PUBLIC UTILITY DISTRICT -6- AFFIDAVIT OF POSTING State of California County of El Dorado ) )ss ) I, Melanie Babich , 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 1~0. 452 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 That said posting was completed on the 19 95 . Al Tahoe Post Office Station South Lake Tahoe, CA Tahoe Valley Post Office Station (Y area) South Lake Tahoe, CA Tahoe Paradise Post Office Station South Lake Tahoe, CA Zlth day of April , Signed by: Subscribed and sworn to me this z____~__~ day of April 1995 Clerk of th~oard /' SOUTH TAHOE PUBLIC UTILITY DISTRICT AFFIDAVIT OF PUBLICATION South Tahoe Public Utility District 1275 Meadowcrest Drive South Lake Tahoe, CA 96150 RECFIVED /IPR 27 AIO :49 ST~bi.i 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 Monday through Saturday 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: April 17 in the year: 1995 I certify under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe, California this: 12th Signed: date of/'/ April 199.j,.5, Clerk REGARDING WATER CONNECTION RATES The Board of Directors of South Tahoe Public Utility District - makes the following fi~dings: 1. Notice of Hearir~g Of this proposed Ordinance was duly given, = eu!herized, posted, and publishe¢ as required by law and sl:~ciflcelly, that said Nolice fixing the time and place of hearing ,: orr seJd Ordinarme 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 April 8, 19~5, 5:00 P,M. at the place specified in said Notice of Fleering. · 3. The rafas ,for wata~ connections are as follows: Single family residential (3/4") $t,550.00 Administration Cost 150.00 Total: $1,700.00 Minimum metered connection (3/4") $1,550.00 Minimum mtrnth~n eo~ 150.00 plus actual costs above the minimum to review pans and/o~r process application. '. - Connections larger than the mini.mum connection will be -' determined as follows: (2))'ears of peak estimatecl use that fee, then an additional charge will be assessed or the overpayment will be refunded; e. the water connection permit will be for a specific $~ructure wi~h a fixedamount of sewer discharge capacity on a parcel and/or square footage for outdoor landscaping use. Any significant change of use will require a new water.connection permit based on an initial projection of use by the applicant and a two (2) year evaluation as above. Significant change of use shall mea~ the estimated addition of at least one capacity unit of use, 470 gallons. f. transfer of water connections from one parcel to another will not be allowed; g. credits for previous service will notbe given unless the service remains on the same parcel: h. all metered connection applications with the exception of single family, duplex, and triplex residential applications shall I)e reviewed by District Engineering Department staff· District Engineering staff shall set the average day during peak month use and fee requirement; i. if applicant is dissatisfied with the staff .(~mPutation of fee for service, the applicant may follow the Distri~ standar¢ appeal process and request interventio~ ~)y the B0~rd of Directors of the District. , a. · $15~j~er.~7o gallons average day' duringpeak ~.; ~ectionZ.. '[l?is.(~:dinance amends only portio~sofSection I:sti~ .~J~n~. ~,~[eyg, g~s./day,max.mo.~ $1550 + admin ' ,I ~ ~e~. q:~e Xll or Or~3$0,~'~j..~er~- and/or processing of' the' service request with a minimum of 359, 360, 413, and 439 are ratified and confirmed and remain in - $150.00 per connection; c. the applicant shall be responsible for the cost an¢ installation of said meters. Said meters will be of a design approved by the District's Engineering staff; d. the average day during peak month use will in most circumstances be evaluated on a monthly basis. "Monthly use" will generally refer to a calendar month. However. at the reasonable discretion of the District, the average day during leak month use may be evaluated using a successive 30 day period. Said evaluation will be complete within two (2) years of the date of actual service. If the actual average clay dudng peak month use within that pedod differs from the estimated use that was the basis for the original connection fee. then 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 ameunt of sewer discharge capacity on a parcel afl. d/or square footage for outdoor landscaping use. Any . significant change·of use will require a new wa[er connection lermit based on an initial projection of use by the applicant and a two (2). year evaluation as above. Significant change of use shall mean the estimated addition of a least one capacity unit of - use, 470 gallons. 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 connectin applications with the : exception of single family, duplex, and triplex residential applications shall be reviewed by District E~gineermg Depar~meot staff. "4, Existing revenue sources of the D str cl including the connection ~ees 'imposed hereby, will provide services for which these charges are imposed and for which there is avalable - capacity in the District system. If the District's facilities are not sufficient to serve the project or are requires 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 ~he 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 governmen~ entities regarding such connection; c. the cost to plan, study, undertake and finance capital projects within the water enterprise; "as is" Buy-In Value is based upon Present Depreciated Replacement Value less debt, and grant(s). 6. No capital projects are hereby approved. 7. The District, approximately annually ~n its budget process, will review any unexpended portion of the fees collected hereby and assess the .continued need for retention of sale funds for the purposes described herein, To the extent, if any, that the District 'detarminee that the unexpanded 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 cu_r_rent own..er or owners of the real property who paid connection fees in accordance with this ordin'~nce on a prorated basis. NOW, THEREFORE, BE IT ENACTED by the SOUTH TAHOE PUBLIC UTILITY DISTRICT es follows: Section 1. Ordinance Nos. 360,413, and 439 are hereby , Schedule No. 1 - Co~neetlon Fees: ' Single.family residential (3/4') $1,550.00 Administration cost 150.00 Total: $1,700.00 Minimum metered connection (3/4") 1550.00 Minimum administration cost 1 50.00 plus actual costs above the minimum to rewew plans and/or process-application. Connections larger than the minimum connection will be determined as follows: a. $t ,500.00 per 470 gallons average day during peak month ueeat minimum of one capacity unit; b. ~ctual administrative costs incurred in the plan review and/or prO0e~ing o! the esrvice request with a minimum of $150.00 per connection; c. the full force and effect. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance. or any par~ thereof, is for any reason held to be invalid, such decision shall not a~fect the validity of the remaining portions of this Ordinance or any part thereof. The Board hereoy declares that it would have passed each section,subsection. subdivision. I)aragraph, sentence, clausb or phrase thereof, irrespective of the fact that any one or more sections, subssections, subdivisions, papagraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of SOuth Tahoe Public Utility Distric! at its regular meeting on the 6th day of Aorll, 1995, by the following vo~e: AYES: DIRECTORS Strohm, Mason, Wallace. Jones. Mosbecher NOES: None ABSENTi None DUANE WALLACE PRESIDENT OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT