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Ordinance No. 472-99 - Superseded1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 472-99 An Ordinance of the South Tahoe Public Utility District Setting Sewer Connection Fees Amending Administrative Code Sections 4.1.130 and 4.1.131, 4.1.132, 4.1.~34, and Superseding Ordinance No. 4~3 in its Entirety BE IN ENACTED, by the Board of Directors of the South Tahoe Public Utility District, Country of El Dorado, as follows: SECTION I - DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as The District - The South Tahoe Public Utility District. The Board - The Board of Directors of the South Tahoe Public Utility District. General Manager - The General Manager of the South Tahoe Public Utility District. D Sewer Unit - An estimated measurement of flow and strength of wastewater discharged to the District's sewer system. A sewer unit represents incremental capacity rights in the form of fixtures or facilities causing actual or potential wastewater discharge to the District's sewer system. A sewer unit is used for the purposes of determining the assessment of sewer connection fees. SECTION II - FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. Notice of Hearing of this 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 South Tahoe Public Utility District on this proposed Ordinance was held August 19, 1999, 2:30 p.m. at the place specified in said Notice of Hearing. follows: A. B. C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The Notice of time and place of said meeting, including a general explanation of the matters to be considered at said meeting was published on August 6 and August 13, 1999. 4. At least ten (10) days prior to said public meeting, the data indicating the amount of the cost required to provide new sewer connections for which sewer connection fees are proposed for adoption pursuant to this Ordinance was available to the public. 5. The existing rates for providing new sewer connections are less than the cost of providing such service as determined by a comprehensive sewer study authorized by the Board. 6. The rates adopted by this Ordinance will then reflect the actual cost of providing each of the services for which charges are imposed. SECTION III - SEWER CONNECTIONS 1. Sewer connection charges shall be determined as follows: a) A sewer connection fee shall be paid to the District by the applicant desiring connection to the District sewer system based upon the number of sewer units which are required for the applicant's project. Refer to Section IV, Paragraph 1, Schedule No. 1. b) At any time sewer capacity is added to any parcel for which the initial connection charge has been previously paid in an amount which did not include such additional capacity, as a condition to such parcel remaining connected to the District sewer system, there shall be a subsequent connection charge to provide for the additional sewer capacity requirements. Refer to Section IV,~Paragraph 1, Schedule No. 1. 2. A fee shall be paid to the District for issuing a sewer permit to connect and inspect a sewer lateral. Refer to Section IV, Paragraph 2, Schedule No. 3. 3. A re-inspection fee may be charged by the District for re-inspection of condemned work. Refer to Section IV, Paragraph 3, Schedule No. 5. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Sewer connection fees, as determined from time to time by the Board, apply to all new connections. Connection fee revenue is used to evaluate potential projects related to the sewer enterprise of the District; to plan, study, undertake, complete and finance such capital projects; to pay the costs incurred by the District to provide and inspect new connections, including the portion of the connector's obligation for the accumulated equity in the sewer enterprise and the District's costs in coordinating with other governmental entities to facilitate such connection. 5. Neither this Ordinance, nor payment of the connection fees described in this Ordinance, shall constitute approval of any capital project. SECTION IV - SEWER RATE SCHEDULE Schedule No. 1 - Sewer Connection Fee, effective January 1, 2000 Schedule No. 3 - Sewer Permit Fee Schedule No. 5 - Re-inspection Fee - $2,100.00 $50.00 $50.00 3. 4. Effective January 1, 2001, and January 1 of each year thereafter, the Sewer Connection Fee, as provided in Section IV, Paragraph 1, will be adjusted according to the Engineering News Record's Construction Cost Index, National Average, for the prior twelve-month period, to reflect cost changes. As an addition to this adjustment, the Sewer Connection Fee, as provided in Section IV, Paragraph 1, shall be increased by One hundred dollars ($100.00) on January 1 of each of the following years: 2001, 2002, 2003, and 2004. SECTION V - ADMINISTRATION 1. The effective date of this Ordinance is January 1, 2000. 2. The provisions of this Ordinance will be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more employees of the District. 3. Any applicant for sewer connection may appeal any District decision pertaining to a sewer connection under this Ordinance to the Board by filing a written -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 appeal with the Clerk of the Board within 10 days from the date of the action or decision. The Board may, in its discretion, affirm, reverse, or modify any District action undertaken pursuant to this Ordinance. SECTION VI - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, in whole or any part, is for any reason held to be invalid, such holding shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The Board declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, in whole or any part, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ENACTED by the Board of Directors of the South Tahoe Public Utility District at its Regular Meeting on the 19th day of August, 1999 by the following vote: AYES: Directors Wallace, Mosbacher NOES: None ABSENT: None Strohm, Jones, Gochnauer, DATED: August 19, 1999 james R. Jones, pre/sident of the Boar /oOth Tahoe Pu~4Jtility District Kathy Sharp/C;le~ bf the Bj~ard and I Ex-Officio Sre~retary of the Board of Directors -4- 1275 Meadow Crest Drive · South Lake Tahoe, CA 96150 Phone: (530) 544-6474 · Facsimile: (.530) 541-0614 Robert G, Baer, General Manager Christopher H. Strohm James R. Jones Mary Lou Mcsbacher Duane Wallace Pembroke Gochnauer August24,1999 Mr. Joe Ham, Auditor- Controller County of El Dorado 360 Fair Lane Placerville, CA 95667 Dear Mr. Ham: Enclosed please find certified copies of the following Ordinances: Ordinance No. 471-99 - Setting Water Connection Fees Amending Administrative Code Sections 3.1.35 and 3.1.107 and Superseding Ordinance No. 452 in its entirety. Ordinance No. 472-99 - Setting Sewer Connection Fees Amending Administrative Code Sections 4.1.130 and 4.1.131, 4.1.132, 4.1.134, and Superseding Ordinance No. 413 in its Entirety. If you should have any questions regarding these Ordinances, please contact the Manager of Customer Service, Diane Noble, at extension 221. Sincerely, Kathy Sh~i'rp Clerk of the Board/ Executive Secretary Enclosures CC: Diane Noble Rhonda McFarlane 1275 Meadow Crest Drive - South Lake Tahoe, CA 96150 Phone: (5,30) 54A-6474 · Facsimile: (530) 541-0614 Robert G: Baer, General Manager Christopher H. Strohm James R. Jones Mary Lou Mosbacher Duane Wallace Pembroke Gochnauer CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 472-99 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, on August 19, 1999. .... I~'~tl~y ~ha;r~l'~k of the Be/ard South Tahde Public Utility District AFFIDAVIT OF POSTING State of California ) )ss County o_9~EL.D~do ~ ) l, ~"~'---r-~g.~irst duly sworn, deposes and says' / That f~or and on behalf of the Clerk of Board of the SOUTH TAHOE DISTRICT, affiant posted copies of ~' ~ ~ ~ PUBLIC UTILITY in form attached hereto and by reference made a pa~ hereof, in four (4) public places in the District as follows: City of South Lake Tahoe Administration Building South Lake Tahoe, CA Al Tahoe Post Office Station South Lake Tahoe, CA Tahoe Valley Post Office Station (Y area) South Lake Tahoe, CA 4. Tahoe Paradise Post Office Station South Lake Tahoe, CA That said posting was completed on the [.Q0 19 Signed by' Subscribed and sworn to me this day of 19 Clerk of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT 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 been published in each regular and entire issue of said newspaper and not in any supplemental therefore on the following dates, to wit: August 6, 13, 1999 I certify under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe, California this: 13th Day ..of A~ust 1999 ~rrr'i Moore- Legal/lerk NOTICE IS HEREBY GIVEN that the Board of Directors of the South Tahoe Public Utility District (the District) will hold a hearing at 2:30 p.m. on Thursday, August 19, 1999, as part of a regularly scheduled meeting, in the Board Room of the City of South Lake Tahoe, 1900 Lake Tahoe Boulevard., South Lake Tahoe, California at which * oral ' or written presentations can be made by any person, 'ilncluding those owning property within the J boundaries of the District regarding ~- the · District's p_roposed Water Connectlonl Fees as outlined by proposed Ordinance No. 471-99 entitled "AN ORDINANCE OF THE SOUTH TAHOE ~. ~PUBLIC UTILIT~ DISTRICT SETTING WATER 'CONNECTION FEES A M-~E' N D ' I N ADMINISTRATIVE CODE SECTIONS 3.1.35 AND 3.1.107 AND SUPERSEDING ORDINANCE NO. 452 IN ITS ENTIRE'T~, and the District's proposed Sewer Connection Fees as outlined by proposed Ordin~rice No. 472-99 entitled 'AN ORDINANCE OF.THE SOUTH TAHOE, PUBLIC UTILITY DISTRICT SETTING SEWER CONNECTION FEES, A M E N D :1 N 'G ADMINISTRATIVE CODE SECTIONS 4.1.130, 4.1.131, 4.1.132, 4.1.134 AND SUPERSEDING ORDINANCE NO. 413 IN ITS ENTIRETY." The matters to be considered are the proposed increases in fees' for the new water and sewer service connections. The proposed fee increases do not exceed the estimated reasonable cost of providing said new service. Beginning August 9, 1999, et the offiCes of the District, 1275 Meadow Crest Drive, South Lake Tahoe, California, there will be available to the public, the proposed Ordinances 471-99 and 472-99. Dated 8/2/99 /s/Diane M. Noble, Customer service Manager South Tahoe Public Utility District: ?' ... . 'FDT Aug. 6, 13,1999