ORDINANCE NO. 302 OF TAHOE CITY

96145 | 11/29/2019 | Ad id: 7-0000516301-01
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ORDINANCE NO. 302 OF TAHOE CITY PUBLIC UTILITY DISTRICT AMENDING AND MODIFYING ORDINANCE NO. 300 (AS AMENDED BY ORDINANCE NUMBERS 257, 259-A, 261-A, 266, 268, 270, 272, 278, 282, 287, 290, 294 and 298) WHEREAS, Tahoe City Public Utility District ("District") was formed pursuant to the California Public Utility District Act and provides potable water and sewer collection service to lands within the District; and WHEREAS, on October 18, 2019, the Board of Directors of Tahoe City Public Utility District ("the Board") passed and adopted Ordinance No. 300 which, among other things, amended and modified Ordinance No. 255 and established maximum sewer rates for years 2020, 2021, 2022, 2023, and 2024; and WHEREAS, Ordinance 300 provides that annually, the Board will review the operating expenses of, the capital costs of, and the revenues from the sewer utility received as compared to the projections used in the 2019 TCPUD Comprehensive Water & Sewer Rate Study (Rate Study). The Board will then determine if the sewer rates for the coming year should be modified based on revised conditions in order to maintain continuity with the Rate Study. The Board may reduce the sewer rates in any given year and cannot exceed the cumulative sewer rates presented for any specific year to the ratepayers through the Proposition 218 process; and WHEREAS, the Board desires to amend and modify Ordinance No. 300 so that it may revise and establish sewer rates by resolution. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE TAHOE CITY PUBLIC UTILITY DISTRICT as follows: SECTION 1: FINDINGS. After hearing and considering oral and written comments, considering the evidence offered, and duly deliberating the matters presented, the Board of Directors of Tahoe City Public Utility District finds and determines that: A. The above recitals are true. B. The Board is empowered to revise and establish sewer rates by resolution. SECTION 2: AMENDMENT AND MODIFICATION. Section 4 of Ordinance 300 is amended and modified in its entirety as follows: SECTION 4: REVISED IMPLEMENTATION OF SEWER RATE. Annually, the Board will review the operating expenses of, the capital costs of, and the revenues from the sewer utility received as compared to the projections used in the Rate Study. The Board will then determine if the sewer rates for the coming year should be modified based on revised conditions in order to maintain continuity with the Rate Study. The Board may reduce the sewer rates in any given year and cannot exceed the cumulative sewer rates presented for any specific year to the ratepayers through the Proposition 218 process. The Board may revise and establish sewer rates by resolution. SECTION 3: Except as modified and amended hereby, Ordinance 300 Amending and Modifying Ordinance No. 255 (as amended by Ordinance Numbers 257, 259-A, 261-A, 266, 268, 270, 272, 278, 282, 287, 290, 294 and 298) shall in all other respects remain in full force and effect. SECTION 4: EFFECTIVE DATE. This Ordinance and the amendments and modifications hereby made, shall become effective 30 days from the date of its enactment and prior thereto shall be posted and published as required by law. PASSED AND ADOPTED on the 22nd day of November 2019, by the following vote: AYES: Pang, Scoville, Friedman, Zumwalt, Wilkins NOES: None ABSENT: None TAHOE CITY PUBLIC UTILITY DISTRICT Dan Wilkins, President ATTEST: Terri Viehmann, District Clerk Publication: November 29, 2019 Ad #0000516301