None Designated
GENERAL BY-LAWS OF THE CROW CREEK
UTILITY BOARD AS APPROVED
RESOLUTION OF THE CROW CREEK TRIBAL COUNCIL
SECTION I - GENERAL
A. The name of the organization shall be "The Crow Creek
Utility Board."
B. The purpose of the Utility Board shall be to manage, operate
and maintain utility systems of the Crow Creek Indian Tribe.
The Board shall have responsibility for community water,
sewer and solid waste systems on the Crow Creek Sioux
Reservation.
These responsibilities will be assumed by the Utility Board
on a time schedule mutually agreed to by the Tribal Council
and the Utility Board.
C. The Board will operate as an independent enterprise of the
Tribe; thus, the Board shall be responsible to the Tribal
Council for its actions but independent in its daily
operations.
D. The period of existence and the duration of the Board shall
be perpetual.
E. The principal office and place of business of the Board
shall be in the town of Fort Thompson, South Dakota.
F. To fulfill its responsibilities, the Board shall have the
power:
1. to employ qualified personnel;
2. to enter into contracts to obtain required materials and
services, following normal procurement guidelines except
in emergencies;
3. to levy and collect reasonable fees for services
provided;
4. to perform under contract appropriate construction
service or maintenance for tribal departments, for
individuals, and for government agencies;
5. to conduct routine operations of the Utility Board
independently.
SECTION II - UTILITY BOARD ORGANIZATION
A. The Utility Board shall operate under the supervision and
guidance of the Tribal Council.
B. The Utility Board shall consist of six members plus two
technical advisors. The members shall be residents of the
Crow Creek Indian Reservation. Of these members, one shall
be elected Chairman; but will have no voting powers. Each
of the members shall be from and represent the following
communities:
1. Fort Thompson 4
2. Crow Creek 1
3. Big Bend 1
The technical advisors shall be a representative from the
BIA and IHS agencies. They shall be entitled to attend
meetings and to advise the Board on technical matters, but
shall not have the right to vote.
SECTION III - OFFICERS OF THE UTILITY BOARD
A. The Chairman of the Utility Board shall be elected among the
six member Board, but will not have the right to vote.
B. The officers of the Board shall assume the following duties:
1. The Chairman shall preside at all meetings, call all
special meetings, be responsible for the general
management of the Boards affairs, and perform all duties
incidental to this office.
2. A Board member shall be appointed by the Board to be
responsible for keeping the minutes of each meeting,
presenting customer complaints or protests to the Board,
carrying on correspondence, and reporting Board
activities to the Tribal Council. The appointee shall
also keep the Board informed on its financial condition
at all times, present to the Board for its action all
requests for funds to meet the Boards financial
obligations, and shall perform all other duties
incidental to this office.
The remaining Board members shall be assigned duties as
required by the Board Chairman.
SECTION IV - MEETINGS
A. Regular monthly meetings of the Board shall be held in Fort
Thompson. Board meetings may be held at a time and place of
the Board's choosing, but a regular pattern regarding
monthly meetings shall be arranged. The public shall be
advised of this schedule.
B. Special meetings of the Board may be called at any time by
the Chairman. Notices of special meetings shall be posted.
C. Monthly meetings of the Board shall follow this order:
Call to Order
Roll Call
Reading of the Minutes of Previous Meeting
Report by Treasurer
Report by Supervisor of Operations
Unfinished Business
New Business
Miscellaneous Business
Adjournment
D. All voting by the Board members will be done by voice vote,
with the vote of each member recorded.
E. There must be at least three Board members present to
represent a quorum and to carry on business at any time.
F. All meetings of the Board shall be open to the public.
SECTION V - DUTIES OF UTILITY BOARD
A. The Board shall direct the operation and maintenance of the
facilities entrusted to its care in such a manner that all
customers will receive the service that the Utility Board
has agreed to provide. It shall take steps necessary to
ensure that repairs or replacement of any part of the
systems will be done with a minimum of delay and loss of
service.
B. The Board shall see that the personnel employed by it are
provided with adequate equipment and supplies, and properly
trained to carry out their responsibilities.
C. The Board shall establish and publish rules and regulations
regarding the conduct of its meetings and the management of
the utility systems, ensuring that these rules and
regulations are consistent with prior agreements,
ordinances, codes, laws and statutes of the Crow Creek
Indian Tribe, the Federal Government, and the State of South
Dakota.
D. The Board shall prepare a Plan of Operation containing the
rules and regulations it adopts, fee assessment schedules,
policies, employees' responsibilities, and other information
concerning procedures and guidelines and operation.
E. The Board shall be responsible for the operation and
maintenance of the community water, sewage and solid waste
systems of those communities of the Crow Creek Indian
Reservation. The Board will maintain an up-to-date list of
the facilities it is responsible for. In undertaking
responsibility for any utility systems besides water, sewage
and solid waste, the Board will consult with the Tribal
Council first, adopt appropriate additions to the By-Laws
and Plan of Operation, and inform the public at each step
along the way.
F. It shall not be the responsibility of the Board to maintain
the water and sewer service lines from the mains to the
house, nor will it be the duty of the Board to maintain
indoor plumbing facilities or individual wells or pumps in
rural areas. Such maintenance may be done by the Board if
the schedule permits, with the individual paying the actual
cost of such maintenance. Policies regarding this matter
will be included in the Board's Plan of Operation.
B. The actual handling of the Board funds shall be done by the
Board's designated agent. The designated agent shall be
bonded for the faithful performance of his duties. Said
bond shall be in the amount of twenty-five thousand
($25,000) dollars.
C. All expenditures of Board funds will be reviewed by the
Board at their regular meeting. Major expenditures shall be
approved by the Board in advance. (Expenditures greater
than $1,000 for items not contained in the budget shall be
considered "major").
D. All Board ledgers and accounts shall be open for audit by
the Tribal Auditor at any time.
SECTION IX - CUSTOMER COMPLAINTS OR REQUESTS
A. If any individual desires to protest a decision made by the
Board, such protest may be filed, in writing, with the
Chairman requesting a full review by the Board at the next
regular meeting.
B. Customer requests for services such as repairs or
connections may be made directly to the Board's supervisor
of operations.
C. Any individual not understanding the operation of the Board
or have questions about any of the Board's activities may
attend any Board meeting and request a place on the agenda
for explanation of these matters.
SECTION X - ADHERENCE TO THE TRIBAL UTILITY ORDINANCES
To protect water, sewer, solid waste and other utility systems
belonging to the Tribe, or to individual residents, the Tribal Council
will adopt appropriate ordinances governing use of these systems. The
Board shall have the power to enforce these ordinances as agent of the
Tribal Council. This power shall include, but not be limited to,
inspection of all new utility construction, approval of all new
connections to existing systems, and prevention of unauthorized use of
utilities. The tribal ordinances currently in effect shall represent
the basis for enforcement by the Board.
SECTION XI - AMENDMENTS
Amendments, changes or additions may be made to the General By-Laws at
any time by a two-thirds vote of the Tribal Council. The Board may
draft amendments or additions to the By-Laws and request action on
them by the Tribal Council
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