Ordinance No. 4591
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ORDINANCE NO. 459
AN ORDINANCE REGULATING THE MAINTENANCE RESPONSIBILITIES
OF SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING THE REPAIR
AND MAINTENANCE OF WATERLINES BY WHICH THE
SOUTH TAHOE PUBLIC UTILITY DISTRICT SERVICES ITS CUSTOMERS
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District
of El Dorado County, California, as follows:
ARTICLE I
For the purpose of this ordinance the terms used herein are defined
Definitions:
as follows:
Section 1.1
State of California.
Section 1.2
Section 1.3
Section 1.4
District is the South Tahoe Public Utility District, County of El Dorado,
County is the County of El Dorado.
City is the City of South Lake Tahoe.
Person is any human being, company, partnership, association, and
private, public, or municipal corporation, the United States of America, State of California,
or political subdivisions, government agencies, and mandatory thereof.
Section 1.5 Public Rio_ht-Of-Wav is any public highway, road, street, avenue, alley,
way, or easement whether paved or unpaved.
Section 1.6 Waterlines are the pipelines that the District uses to service water to
any building, structure, motel, hotel, or property in El Dorado County.
Section 1.7 Pr0pertv Line shall mean the boundary between the District's
easement or City or County right-of-way and the private property line.
Section 1.8 Curb Stop is the District's valve, generally located at or near the
property line, by which water service can be turned off by District personnel.
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Ordinance No. 459
Page 2
ARTICLE II
and Ri_oht$ Regarding Maintenance or Repair of its
District's Responsibilities
Waterlines
Section 2.1 The District's responsibility for waterlines serving private property
ends at either the curb stop or the edge of the public right-of-way, whichever is closest
to the District's main waterline.
Section 2.2 The District's responsibility for services off of a main waterline located
in an easement, ends at the first valve closest to the main line which has control of the
service line.
Section 2.3 A waterline, regardless of size, which services more than one business
in a commercial complex, is the responsibility of the property owner. The District's
responsibility ends at the valve closest to the main waterline, or the edge of the public
right-of-way.
Section 2.4 The District has responsibility for all water meters which it owns and
reads that are located on private property. The District's responsibility ends at the meter
tail or meter flange located on the inlet and outlet side of the meter.
Section 2.5 Right of Entry by District. Authorized representatives of the District
shall have the right to ingress and egress from a customer's premises at reasonable hours
for any purpose reasonably connected to the maintenance, repair, or servicing of
waterlines or meters that the District reasonably deems to be their responsibility.
ARTICLE III
Section 3.1 Rules and Regulations respecting the maintenance and repair of said
District waterlines are hereby adopted, and all work in respect thereto shall be performed
as herein required and not otherwise.
Section 3.2 Purpose. This ordinance is intended to clear up any uncertainties
regarding the responsibilities of the District and of properties, regarding the repair and
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Ordinance No. 459
Page 3
maintenance of waterlines or any subsequent damages due to the lack of repair and
maintenance of subject waterlines, that are used by South Tahoe Public Utility District to
service property owners in the District. This ordinance shall apply retroactively from
January 1, 1996.
Section 3.3 Short Title. This ordinance is known as the South Tahoe Public Utility
District Waterline Maintenance Ordinance.
Section 3.4 Posting. Upon adoption this ordinance shall take effect on 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 (1) week before
the expiration of said period after its passage and shall further be published in the Tahoe
Daily Tribune, a newspaper of general circulation, one (1) time only, a least one (1) week
before the expiration of said period.
Section 3.5 General. The provisions hereof shall be administered and enforced by
the District through the General Manager, who may delegate such enforcement to one
or more designees. As used in this ordinance, General Manager includes designees.
Section 3.6 Relief of Application. When any person by reason of special
circumstances is of the opinion that any provision of this ordinance is unjust or inequitable
as applied to his or her premises, he or she may make a written application to the General
Manager, stating the special circumstances, citing the provision complained of, and
requesting suspension or modification of that provision as applied to his or her premises.
If such application be approved, the General Manager may suspend or modify the
provision complained of, as applied to such premises, to be effective as of the date of the
application and continuing during the period of the special circumstances.
Section 3.7 Appeals. Any person may appeal any decision hereunder to the
District Board of Directors by filing a written appeal with the Clerk of the Board within ten
(10) days from the date of the decision being appealed. The Board of Directors may, in
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Ordinance No. 459
Page 4
its discretion, affirm, reverse, or modify the General Manager's decision and impose such
conditions as it deems appropriate.
Section 3.8 Interpretation of this Ordinance. If any section, subsection, sentence,
clause, or phrase of this Ordinance, or other application thereof to any person or
circumstance is for any reason held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portions of this ordinance or the application of
such remaining portions of this ordinance or the application of such provision to other
persons or circumstances. The Board hereby declares that it would have passed this
ordinance or any section, subsection, sentence, clause, or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses, or phrases be
declared unconstitutional or invalid.
PASSED AND ENACTED by the Board of Directors of the South Tahoe Public Utility
District at its regular meeting on the 4th of April, 1996, by the following vote:
Jones, Strohm, Mason, Mosbacher
Wallace
None
None
AYES:
NOES:
ABSENT:
CHRIS STROHM, PRESIDENT OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
KA~I'HY gH~I'P, C~I~R'K OF Ib~ARD
SOUTH T/~:tl3E PUBLIC UTILITY DISTRICT
AFFIDAVIT OF
PUBLICATION
South Tahoe Public Utility District
1275 Meadow Crest Drive
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
Monday 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 March 6,
1970, Case Number 18569, that
the notice of which the annexed is
a printed copy (set in type not
smaller than six (6) point), has
~ ' !?;: ::5{ ~ '.~--- ~:'~J~n~ subiequent damages due to the lack of repair and
OF WATE~I~ ~'~ ~ ~ ~ ~L 1~. .
U~ D~TR~ ~.~S ~T~
~~. T~s ~din~
~ ' T~ ~ ~t.~t~i~ ~int~ ~din~.
~ic ~l~ ~s~ ~ EL ~ ~, ~, ~ ~: effe~ on eX~a~ ef ~ (~) days a~
. A~E I ~ ' '~ ~ ~ ~e C~kof ~ ~ T~
c~~~ of~. ' ~ ~, ~e 0) a~,~ff, ..~ew
S~on 1.3 ~ il ~Ct~ Of ~ ~ T~. '., ~tion 3.S ~. The provisiona hereof sna
a~n, a~ privlte~ ~1~ er munla~ ~l~,.m~ ~r, w~ ~te s~
U~ited States of America, 8~te of Callf~nla, or ~ml~ . ~. ~ u~ in ~ ~i~, G~I
S~ 1 .S ~ ~.~ p~i~ ~ y, , ~ 3.6 R~at of A~m~. W~ ~y
stupor, avenue, alley, way, or e~ement w~ ~ved or of s~l ~s~s is ~ ~ ~ni~ ~ er~ is unjust or-t~m~e
unpaved.
to,.servlce water .to any bujldh!g, structure, motel, hotel, er
pr~pe~ in El Dorado County.
action t .7 ~ shill mean
~he District's euement or Ci~ er County
premises, ha or.she may make a wrtttea application m th~
Ganeml I~, smlir~ the special clrcumstaaCes, citing the
provision complained of,:.and requeeting luspension o~
modiflcatioflof that provi~ion'aa applied~) hi~ otis' promises.
such application be approved, theEleneml Manager
suspend or modi~ the provision complained Of~
P Is the d~td~t's v~e,-genpr?lly ~ such premises, to be effeotive aa of ihe' dali Of the Ippllcalio~
a~'n~ar the property Ilne,. by which water servia can De and mnlinuing during the period of llne spatial ~tmummanee~.
tur~ed off by the Oistl~t persMYMI. · Secl~)n 3.7 t~Doeals. AW-pMson may appel any
, ARTICLE IL ' -. . hereunder ~0 the Dt~ct-I~)a:rd ef Dheotm'i by. fllilXI a wrltte~
Dls~cts Re=m'~rtalblltties and Rlaha p~anrmna MAJnI~IIII~I O~ 'aPl~ V/4h 'the C,k~l~ MI~I B~IM ~ ~ ('!0)~ h'om ~i
~ ' '.... ' / .___ ~er,,iag *dam of the:'ded~ton l~ing'apPmlled. The Beard'~ ~
~ Th~'~t~s re!tpprml3.illty.lor w .~ln~ i ~ '/may, in im dlm3retlon,'affirm,'reverse, or modify II~ Genera
pr~ate property ends .~! ~ther .~ ~ .I;~ ~tl~sOl~ Mar~ger'e dec~slon slnd MlpO~O such cond~on, ~1 it deem~
public *right.of-way, whl~llever, m aoae~t to,m~ u~m'.a, appmpdal~.
been published in each regular wam~in~.
and entire issue of said
_ . . ma!n watenme iocatea In an ease~.~., ._m~. - . .. other aoolicatlon thereof to,any person or c~,cumstance
newspaper ana not in any ck~estlOma~Ji~..wh~h~..~?m~ o!:,t~__~,,.ne.~,...,_, any r~ h~qQ be unconstitutional or invalid, ~.Ch
supplemental therefore on the ~,A~.Wa?f~,:~,e--o~,,,.~n. ~ shallnotaffeat~alidltyoftheremaln~ngportlonsoft?l
erHIIs at I1~ vllve <~t~I~ to :otc m"'n wamm~' T' "- '-r er drcuro~an~ The iBoe~l hereoy aerates lnat il w~ulo n~
APR 10, 1996 tl~~~:~ty ~all wa~ mew" ,m~mad th~ omi~ o~ ~V, ~ec~ion, auee.c~..antan~,
,d~l~h ~t o.n..nd re.~, th. er. ~,a~,~r~e. ~e"~. ~.~". o~ ~ ~ ~, of ~.~.=.
I cerhfy under penalty, t at t e ~ ............ ~ ....
foregoing ,s true and correct. Siactlon~ Rtoht of En~~ ~Ag'lttorl~ed. PA~EDAND E~-.~ by.,.the~ BOaM of Directs. of .
~ of.the Disa't~.~ have INI ~ to tn~r~l, and South Tshoe Pul~i= Utility ~r~ at ~s regular ,mee~,ng on m~
egie~ from a c~mt~rl ~ at rea~3nable hour~ ~a, ony, 4th of April, 1996, by the'f_oll ~.e?ng vo~e: .
Dated at South Lake Tahoe, pu~.~~nnecm~,~to~m..Jn~.at~e.;mm~.~ :o,.r.
~..~lifnrni:~ thi~' ~eWl~ etna Of WMerllnes or ~ that me. Dlllact ~. , m.~r.~; ~ · -
................. ~,J;m:-;: '-- ~ ~'"'",t~'[ . ~' Abeent None .
10th Day of April 1996 ~..ct~an 3.~ I~U~a..a~ ~.,,,,~.,k,~. ~".it~ ~. mES~DENT Op ~0_ .,_ .........
, ..,,( 14 . ~ ~:l~pted and ~ work. I~ tlwl~lnm m~? · r~ ~ .
Signed: ~.~A/._..I/L/L-(-~, .,....-a---/
r, JTIUTY DISTRICT
Lyn I~l~,ers - Leg9 Clerk .
an~ u
State of California
County of El Dorado
AFFIDAVIT OF POSTING
)
)ss
)
I, /' .~.~_ _.~. '~'-- v= 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
in form attached hereto and by reference made a part hereof, in four (4) public
places in the District as follows:
City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
o
Al Tahoe Post Office Station
South Lake Tahoe, CA
o
Tahoe Valley Post Office Station (Y area)
South Lake Tahoe, CA
Tahoe Paradise Post Office Station
South Lake Tahoe, CA
That said posting was completed on the
/ Z r_,C of
Signed by:
Subscribed and sworn
to me this
day of ~pr;/
19QL¢.
Clerk ~f tl~e'~oard -/
SOUTH TA'FIOE PUBLIC UTILITY DISTRICT