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Ordinance No. 489-04 - Superseded \., 6.., ~ ORDINANCE NO. 489-04 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ESTABLISHING WATER CONNECTION FEES BY AMENDING ADMINISTRATIVE CODE SECTIONS 1.1.128,3.1.24 AND 3.1.48 AND SUPERSEDING SECTION I, PARAGRAPH D, SECTION III, PARAGRAPH 1 AND SECTION IV OF ORDINANCE NO. 471-99 Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County ofEI Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this ordinance is to adopt certain amendments and additions to the Administrative Code regarding water connection fees. SECTION II - FINDINGS The Board of Directors of the South Tahoe Public Utility District, EI Dorado County, State of California, makes the following findings: A. 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; B. Pursuant to said Notice of Hearing, a hearing by the South Tahoe Public Utility District on this proposed Ordinance was held November 4,2004,2:30 p.m. and December 3, 2004, 2:30pm, at the place specified in said Notice of Hearing; C. 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 October 26, November 2, November 17 and November 29, 2004; D. At least ten (10) days prior to said public meetings, the data indicating the amount of the costs required to provide new water connections for which water connection fees are proposed for adoption pursuant to this Ordinance was available to the public; and E. The existing rates for providing new water connections do not exceed the cost of providing such service; 1 SB 363297 vI :007627.0001 \., SECTION III - AMENDMENT TO ADMINISTRATIVE CODE The following sections of the Administrative Code shall be amended in their entirety to read as follows: 1.1.128 Water Caoacitv Unit is the amount of water determined by the District from time to time to be the average use of a singe family home within the District's service area during a peak water production month, presently 460 gallons. 3.1.24 Water Connection Fees. The Board shall establish a fee schedule for water connections and administration fees. (Refer to section 3.1.48 - Water Rate Schedule No.1.) In establishing such fee schedule, the Board shall consider the costs and expenses incident to the installation of water service or other work for which an application has been made to the District. Charges will include the following: a. Water Capacity Charges for Domestic Services no larger than a triplex. Applicants shall pay to the District a flat charge for water capacity, the amount of which is determined by the size of the Domestic Service Waterline connection. (Refer to section 3.1. 48( a), Water Rate Schedule 1.) '-' b. Water Capacity Unit Charges for Commercial Services and Domestic Services larger than a triplex. There shall be one Water Capacity Unit Charge per Water Capacity Unit, with a minimum of one Water Capacity Unit, which the applicant shall pay to the District. In reviewing the Water Service Application for Metered Water Connection, the District shall estimate the water capacity units required for the connection. Within two (2) years of the issuance of the Certificate of Occupancy for the property, the District will complete an evaluation of the actual average day during peak month use. The average day during peak month use may be evaluated using a successive 30-day period, as determined at the reasonable discretion of the District. The actual water capacity units required for the connection shall be the ratio that the actual measured average day during peak month use bears to a Water Capacity Unit. If the required water capacity units, as determined by the actual measured average day during peak month use, differ from the estimated water capacity units that provided the basis for the initial water capacity unit charge, then the applicant will be assessed an additional charge or will receive a refund such that the applicant's total payment will equal the actual water capacity unit charge. (Refer to section 3.1. 48( e ), Water Rate Schedule 1.) c. Water Capacity Charge for Private Fire Protection Service. There shall be a water capacity charge for providing private fire protection water service, which is in addition to the water capacity charge(s) for water service. In the event the applicant requests private fire protection water service, the applicant shall pay to the District the private fire protection water service charge based on the increase in the size of the connection. (Refer to section 3. 1. 48(b), Water Rate Schedule 1.) d. Physical Connection Charge. The applicant shall pay to the District a charge for the physical connection to the District's water system. (Refer to section 3.1. 48( c), (d), \., and (e), Water Rate Schedule 1.) 2 SB 363297vl:007627.000l ~ e. Administrative Costs. The applicant shall pay the actual administrative costs incurred in reviewing and processing the application, but in no event less than the minimum administration fee. (Refer to section 3.1. 48( t), Water Rate Schedule 1.) f Meter Costs. The applicant shall be responsible for the cost and installation of all water meters. The District shall approve the design of such meters. g. Periodic Cost Adjustments. All water capacity charges for water service and the private fire protection service water capacity charges shall be adjusted annually. (Refer to section 3.1. 48(g), Water Rate Schedule 1.) 3.1.48. Schedule 1- Water Connection Fees. In accordance with the guidelines in sections 3.1.24 - 3.1.29, inclusive, water connection fees shall be as follows: \. Domestic Services No Larger than a Triplex: a. Water Capacity Charge: % inch capacity charge $1,919 1 inch capacity charge $3,198 1 Y2 inch capacity charge $6,395 2 inch capacity charge $10,233 Charges for lateral sizes greater than 2 inch will be determined by the District. b. Private Fire Protection Service Water Capacity Charge: % inch lateral increased to 2 inch lateral $1,663 1 inch lateral increased to 2 inch lateral $1,407 Charges for lateral sizes greater than 2 inch will be determined by the District. c. Physical Connection Charge: The applicant shall pay to the District a charge for the physical connection to the District's water system in the following manner: 1) Beginning February 3, 2005, a charge of $250 will be assessed for the physical connection 2) Beginning January 1, 2006, a charge of $500 will be assessed for the physical connection 3) Beginning January 1, 2007, a charge of$750 will be assessed for the physical connection \" 3 SB 363297vl:007627.0001 \., 4) Beginning January 1,2008, a charge will be assessed on an amount equivalent to the average physical connection costs for a 0/4" servIce. d. Charges for physical connections to the Main where the water service line size is greater than 0/4" will be charged on an actual time and material basis. Commercial Services and Domestic Services Larger than a Triplex: e. A Water Service Application for Metered Water Connection will be required for any Domestic Service larger than a triplex and all Commercial Service properties. Water capacity charges will be determined upon review of the application and based upon water capacity units. The Water Capacity Unit Charge is $1,919 and shall change per section 3. 1. 48(g). Fees for the actual physical connection to the Main will be based on an actual time and material basis. All Applicants for Water Service for Domestic Services and Commercial Services: f Administrative Costs: Actual costs to review and process the application, but not less than $150. \., g. Periodic Adjustments: Water capacity charges and private fire protection service water capacity charges shall increase 4.1%on January 1,2006 and on January 1st of each subsequent year until December 31, 2009 and thereafter based upon the Engineering News Record 20-City Construction Cost Index to reflect the increasing costs for providing water service. SECTION IV - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations 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 Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION V - EFFECTIVE DATE This Ordinance, amending Administrative Code Sections 1.1.128, 3.1.24 and 3.1.48 and superseding Section I, Paragraph D, Section III, Paragraph 1 and Section IV of Ordinance No. 471-99, shall be effective on February 3,2005. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility \." District at its duly held regular meeting on the 2nd day of December 2004 by the following vote: 4 SB 363297 v 1:007627.0001 ~ \., \., AYES: Directors Schafer, Comte, Mosbacher NOES: None ABSENT: Directors Wallace, Jones ATTEST: .. Kathy Sharp, /.? ices Manager SB 363297 vI :007627.000 I 5