None Designated
CHAPTER 62
UTILITIES
Section 62-1. TRIBAL UTILITIES COMMISSION.
(a) Inasmuch as as the Cherokee Water and Sewer Enterprise
furnishes public utility service, the user shall be afforded
a periodic impartial review of the utility rates and
changes. To carry out this review the Tribal Utility Rate
Commission is hereby created.
(b) Membership shall consist of two business utility consumers
and one residential utility consumer. Each member shall be
appointed by the Tribal Council. Appointment shall be for
three year terms, with terms to be staggered among the
members. No member of the Commission shall be an elected
tribal official.
(c) The Commission shall be charged with the duty of reviewing
the utility rates, connection charges and other fees charged
by the utility, to determine the equity of such charges
based on the essential operating requirements of the
Cherokee Water and Sewer Enterprise together with similar
rates and charges of other comparable communities and
utilities.
(d) The Commission shall be charged with the duty of setting the
utility rates, connection charges and other fees for the
utility.
(e) After setting rates, charges and fees, the Commission shall
make a report to the Tribal Council for any adjustment or
change which the Commission recommends to be made. Final
authority for establishing or changing such rates, charges
and fees shall be vested in the Tribal Council.
(f) All expenses incurred by the Commission shall be reviewed
and authorized by the Tribal Committee and shall be paid by
the Tribe.
(g) All private or institutional owners and possessory holders
with buildings or facilities designed for human use that are
within the service area of any water or sewer system of the
Cherokee Water and Sewer Enterprise at the time public
notice is given that such services are available, shall be
required to connect to the available system within one year
from the date of such notice, unless connection may be
required sooner where Tribal or Indian Health Service
authorities have condemned individual sanitation systems.
(h) All private or institutional owners and possessory holders
starting new construction after the date of public notice of
availability of services shall be required to connect to the
available system at the time of construction unless
connection is not deemed feasible by the Enterprise.
(i) Questions of whether specific buildings or facilities can be
feasibly served by either or both the Water and Sewer
systems of the Enterprise may be submitted to the Tribal
Credit Committee. The Committee's determination on such
questions shall be final.
(j) The Community Services Committee shall appropriate one-half
of one percent (.05%) of the Tribal Levy, or an amount equal
to one-twelfth of the Levy, to be used exclusively for the
operation and furtherance of the Cherokee Water and Sewer
Enterprise.
SOURCE: Res. 517, eff. Oct. 11, 1962; Res. 273, eff. Feb. 1, 1979;
Rescinded by Res. 253, eff. Jul. 15, 1988; Reinstated by Res.
255, eff. Jul. 15, 1988.
Section 62-2. DISCONNECTION OF SERVICE.
(a) The Cherokee Water and Sewer Enterprise shall be authorized
to disconnect services to any house or building when payment
of service fees are not paid by the last day of the month in
which a statement is rendered.
(b) Prior to disconnecting either water or sewer service to any
house or building the Cherokee Water and Sewer Enterprise
shall notify the customer that such service shall be
disconnected on a specific date unless payment for services
is brought current prior to that date.
(c) Prior to disconnecting either water or sewer service to any
house or building the Cherokee Water and Sewer Enterprise
shall notify the customer that they may appeal to the Credit
Committee to show cause why the service should not be
disconnected.
(d) In the event any customer, occupant, owner, tenant or other
person, after either water or sewer service has been
disconnected by the Cherokee Water and Sewer Enterprise,
shall reconnect such service, or in any way cause the water
or sewer service to be reconnected to their house or
building, without having first paid in full for past
services and fees, including any disconnection or
reconnection fees, they shall be assessed a civil penalty of
one hundred dollars ($100) and service shall not be
reconnected until such penalty is paid.
(e) The Cherokee Court of Indian Offenses or any successor
Cherokee Court shall have jurisdiction to enforce this
section against all persons who violate its provision.
SOURCE: Res. 276, eff. Feb. 1, 1979.
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