None Designated
ORDINANCE NUMBER: ORD-TC-93-
UTILITY AND ENVIRONMENTAL SERVICES ORDINANCE
(XXXXXX XX XXXXX) INDIAN TRIBE
TABLE OF CONTENTS
ARTICLE I: GENERAL PROVISIONS
Section 1.01. Title and Date........................4
Section 1.02. Purpose...............................4
Section 1.03. Policy................................4
Section 1.04. Jurisdiction..........................4
ARTICLE II: DEFINITION OF TERMS
Section 2.01. General...............................5
Section 2.02. Appurtenances.........................5
Section 2.03. Customer..............................5
Section 2.04. Customer Lines........................5
Section 2.05. Garbage...............................5
Section 2.06. Distribution System Lines.............5
Section 2.07. Meter.................................5
Section 2.08. Manager...............................5
Section 2.09. Operator..............................5
Section 2.10. On-site Sewage Treatment and Disposal
Systems...............................6
Section 2.11. Off-Reservation.......................6
Section 2.12. Regulation............................6
Section 2.13. Sewage Disposal System Cleaner........6
Section 2.14. Tribal Community......................6
Section 2.15. Contractor............................6
Section 2.16. Utilities and Environmental Service...6
Section 2.17. Utility Authority.....................6
Section 2.18. Utility and Environmental Service
Department............................7
Section 2.19. Department............................7
Section 2.20. Vendor................................7
Section 2.21. Collection Lines......................7
Section 2.22. Shall, May............................7
ARTICLE III: UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
AND UTILITY AUTHORITY
Section 3.01. Establishment of Utility and Environmental
Services Department...................8
Section 3.02. Utility Authority.....................8
Section 3.03. Utility Authority - Operating
Organization..........................8
Section 3.04. Utility Authority - Powers and 8
Responsibilities......................8
Section 3.05. Utility Authority - Membership........9
Section 3.06. Term of Office........................9
Section 3.07. Utility Authority - Method of
Appointment...........................10
Section 3.08. Utility Authority - Vacancies.........10
Section 3.09. Officers..............................10
Section 3.10. Duties of Officers....................10
Section 3.11. Meetings..............................11
Section 3.12. Quorum and Voting.....................11
Section 3.13. Meeting Agenda........................11
Section 3.14. Compensation..........................11
Section 3.15. Public Hearings.......................12
ARTICLE IV: MANAGEMENT AND FINANCES
Section 4.01. Management Personnel..................13
Section 4.02. Annual Budget.........................13
Section 4.03. User Fee Schedule.....................13
Section 4.04. Fiscal Year...........................13
Section 4.05. Depository............................13
Section 4.06. Investments...........................13
Section 4.07. Disbursements and Receipts............14
Section 4.08. Records and Accounts..................14
Section 4.09. Exclusive Use of Funds................14
Section 4.10. Audit and Reports.....................14
Section 4.11. Bonding...............................14
Section 4.12. Insurance.............................14
Section 4.13. Petty Cash............................15
Section 4.14. Regulations and Policy................15
Section 4.15. Regulation; Policy Suspension,
Alteration............................15
Section 4.16. Amendments............................15
Section 4.17. Grievances............................15
Section 4.18. Non-Waiver of Sovereign Immunity......15
ARTICLE V: UTILITY AND ENVIRONMENTAL SERVICES - OPERATION
Section 5.01. Services Provided.....................17
Section 5.02. Water Service.........................17
Section 5.03. Sewerage Services.....................17
Section 5.04. Garbage Service.......................18
Section 5.05. Future Services.......................18
Section 5.06. Maintenance Schedule..................18
Section 5.07. Personnel.............................18
Section 5.08. Purchasing............................18
Section 5.09. Equipment.............................18
Section 5.10. Inventory.............................18
Section 5.11. Public Relations......................19
Section 5.12. Emergency Notification................19
Section 5.13. Staff Training........................19
Section 5.14. Limits of Responsibility..............20
Section 5.15. Right of Entry - Inspections..........20
Section 5.16. Disruptions of Service................20
Section 5.17. Permits...............................21
Section 5.18. Water Shortage - Service Preference...21
Section 5.19. Unnecessary Waste of Water............21
Section 5.20. Conservation of Resources.............21
Section 5.21. New Customer Services.................21
ARTICLE VI: CUSTOMER OBLIGATIONS
Section 6.01. Conditions for Service; Payments......23
Section 6.02. Maintenance; Repairs; Liability.......23
Section 6.03. Customer Termination of Service;
Abandonment...........................23
Section 6.04. Water Shortages.......................23
Section 6.05. Inspections...........................23
Section 6.06. Permits...............................24
Section 6.07. Cross-Connections.....................24
Section 6.08. Solid Waste Facilities................24
Section 6.09. Use of Sewerage System................24
Section 6.10. Unauthorized Disposal.................24
Section 6.11. Toxic Waste Disposal..................24
ARTICLE VII: FEE SCHEDULES AND BILLING
Section 7.01. Fee Schedule Establishment............25
Section 7.02. Public Hearing........................25
Section 7.03. Notice to Customers...................25
Section 7.04. Billing Responsibility................25
Section 7.05. Monthly Statements....................25
Section 7.06. Due Date..............................26
Section 7.07. Payments Past Due.....................26
Section 7.08. Delinquent Accounts...................26
Section 7.09. Notice of Delinquency.................26
Section 7.10. Advance Deposits......................26
ARTICLE VIII: ENFORCEMENT; PENALTIES; SANCTIONS
Section 8.01. Authority and Enforcement.............27
Section 8.02. Attachment of Customers Property......27
Section 8.03. Penalty Schedule......................27
Section 8.04. Sanctions Authorized..................27
Section 8.05. Sanctions Guidelines..................28
ARTICLE IX: MISCELLANEOUS PROVISIONS
Section 9.01. Validity Severability.................29
Section 9.02. Amendments............................29
Section 9.03. Suspension of Ordinance...............29
ORDINANCE NUMBER: ORD-TC-93-
(XXXXXX XX XXXXX) TRIBAL COUNCIL
TRIBAL UTILITY AND ENVIRONMENTAL SERVICES
ORDINANCE
BE IT ENACTED by the Tribal Council of (xxxxxx xx xxxxx) as follows:
ARTICLE I
GENERAL PROVISIONS
SECTION 1.01. TITLE AND DATE: This ordinance shall be titled; the
(xxxxxx xx xxxxx) Tribal Utility and Environmental
Services Ordinance. The ordinance shall become
effective immediately upon adoption by resolution by
the (xxxxxx xx xxxxx) Tribal Council.
SECTION 1.02. PURPOSE: The purpose of the (xxxxxx xx xxxxx) Tribal
Utility and Environmental Service Ordinance is to
define the policies, establish an organization and
identify the necessary rules and regulations for: (1)
the operation, maintenance and management of the
various public utilities located on the (xxxxxx xx
xxxxx) Indian Reservation; and (2) management for the
provision of essential environmental services within
the Reservation Community.
SECTION 1.03. POLICY: It shall be the policy of the
(xxxxxx xx xxxxx) Indian Tribe to operate, maintain and
manage the public utilities and essential environmental
services on the (xxxxxx xx xxxxx) Indian Reservation so
that the community residents are provided with a high
level of environmental services designed to minimize
exposure to adverse conditions which could negatively
impact the physical and environmental health of any
individual or the community. It shall also be the
policy of the (xxxxxx xx xxxxx) Indian Tribe that the
operation maintenance and management of the public
utilities and environmental maintenance services shall
be carried out through an efficient program and in a
financially responsible cost effective and
self-sufficient manner.
SECTION 1.04. JURISDICTION: The authority to establish a Tribal
Utility and Environmental Services Organization and to
levy appropriate user fees to all residents and
organizations operating on the (xxxxxx xx xxxxx) Indian
Reservation pursuant to the authority vested in the
(xxxxxx xx xxxxx) Council, pursuant to Section 16 of
the Act of June 18, 1934 and is a federally recognized
tribe organized under the provision of P.L. 73-838,
STAT. 894, "The Indian Reorganization Act."
ARTICLE II
DEFINITION OF TERMS
SECTION 2.01. GENERAL: Unless the context specifically indicates
otherwise, the meaning of terms used in this Ordinance
shall be set forth in this Article II.
SECTION 2.02. APPURTENANCES: "Appurtenances" are the real and
personal property owned by the Utility and
Environmental Services Department or the Tribe located
on, near or under the roadways and streets, such as
fire hydrants and valves.
SECTION 2.03. CUSTOMER: "Customer" means a person, business, agency
or other organization that uses, is entitled to use, or
is obligated to pay for the use or receipt of services
from the Utility and Environmental Services Department.
SECTION 2.04. CUSTOMER LINES: "Customer lines" are the potable water
lines located immediately adjacent to, inside of, or
under a customer's residence or other building or
property, which are either connected to utility service
lines or are maintained by the customer separately from
utility service lines.
SECTION 2.05. GARBAGE: "Garbage" shall mean all degradable and
non-degradable refuse and solid waste without economic
value that is generated through the course of normal
living by the residents and organizations in the
community.
SECTION 2.06. DISTRIBUTION SYSTEM LINES: "Distribution system lines"
are those potable water lines maintained by the Utility
and Environmental Services Department by which water
utility services are provided to customers.
SECTION 2.07. METER: "Meter" is a device, owned by the Utility and
Environmental Services Department, for measuring the
amount of water utility services provided to a
particular customer.
SECTION 2.08. MANAGER: "Manager" shall mean an individual hired by
or appointed by the Utility Authority to oversee and
manage the operation of the Utility and Environmental
Services Department.
SECTION 2.09. OPERATOR: "Operator" shall mean an individual hired by
or appointed by the Utility Authority or manager to
provide direct day to day preventive maintenance and
operational service for the public water and sanitary
sewer utilities.
SECTION 2.10. ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS: "On-site
sewage treatment and disposal systems" shall mean
individual or community septic tanks and subsurface
drain fields and associated appurtenances that collect,
treat and dispose of liquid waste generated by
customers, which are maintained and operated by the
Utility and Environmental Services Department.
SECTION 2.11. OFF-RESERVATION: "Off-reservation" is any area located
outside of the exterior boundaries of the
(xxxxxx xx xxxxx) Indian Reservation.
SECTION 2.12. REGULATION: "Regulation" is a rule of law or procedure
duly adopted by the Utility Authority for purposes of
implementing the requirements of this ordinance.
SECTION 2.13. SEPTIC SYSTEM CONTRACTOR: "Septic system Contractor"
shall mean any individual, firm, contractor or
organization who the Utility Authority contracts with,
to pump out on-site sewage treatment and disposal
systems and dispose of the waste material and/or to
repair the on-site sewage treatment and disposal
systems located on the (xxxxxx xx xxxxx) Indian
Reservation.
SECTION 2.14. TRIBAL COMMUNITY: "Tribal Community," for purposes of
this ordinance, shall include, but not necessarily be
limited to, enrolled (xxxxxx xx xxxxx) Tribal members.
SECTION 2.15. CONTRACTOR: "Contractor" shall mean any individual,
firm, contractor or organization who contracts with the
Utility Authority to provide environmental services or
utility repairs, design, inspection, reconstruction or
operation.
SECTION 2.16. UTILITIES AND ENVIRONMENTAL SERVICES: "Utilities and
Environmental Services" are those basic services
necessary for supporting residential and commercial
development, including, but not limited to, water,
sewer, garbage collection, roads and appurtenances.
SECTION 2.17. UTILITY AUTHORITY: "Utility Authority" is the agency
responsible for, and authorized to manage, the Utility
and Environmental Services Department of
(xxxxxx xx xxxxx) Indian Tribe, as established by this
ordinance.
SECTION 2.18. UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT:
"Utility and Environmental Services Department" is a
governmental department of the (xxxxxx xx xxxxx) Indian
Tribe authorized to operate the utility services
provided by the Tribe.
SECTION 2.19. DEPARTMENT: "Department" shall mean the Utility and
Environmental Services Department of the
(xxxxxx xx xxxxx) Indian Tribe.
SECTION 2.20. VENDOR: "Vendor" is any individual firm, contractor or
organization who regularly supplies parts, equipment,
supplies and services to the Utility and Environmental
Services Department used in the operation maintenance
and management of the Utilities and Environmental
Services of the (xxxxxx xx xxxxx) Indian Reservation.
SECTION 2.21. COLLECTION LINES: "Collection Lines" are those
sanitary sewerage lines maintained by the Utility and
Environmental Services Department by which sanitary
sewer collection and disposal services are provided to
customers.
SECTION 2.22. SHALL, MAY: "Shall" is mandatory; "may" is permissive.
ARTICLE III
UTILITY AND ENVIRONMENTAL SERVICES DEPARTMENT
AND
UTILITY AUTHORITY
SECTION 3.01. ESTABLISHMENT OF UTILITY AND ENVIRONMENTAL SERVICES
DEPARTMENT: There is hereby established the
(xxxxxx xx xxxxx) Tribal Utility and Environmental
Services Department having the responsibility for
operating and maintaining the tribal public utilities
and providing essential community environmental
services directly or by contract.
SECTION 3.02. UTILITY AUTHORITY: There is hereby established the
(xxxxxx xx xxxxx) Tribal Utility Authority to serve as
the advisory, administrative and management authority
for the (xxxxxx xx xxxxx) Tribal Utility and
Environmental Services Department.
SECTION 3.03. UTILITY AUTHORITY - OPERATING ORGANIZATION: The
Utility Authority shall operate as a subordinate unit
of tribal government, independent in its daily
operation, but responsible to the Tribal Council for
its actions. The methods of appointment, terms of
office, and operating procedures of the Utility
Authority shall be set forth in this ordinance and in
regulations adopted by the Utility Authority.
SECTION 3.04. UTILITY AUTHORITY - POWERS AND RESPONSIBILITIES: The
Utility Authority shall manage the public utilities of
the Tribe, and obtain and disburse funds as required
for operation, maintenance and expansion of the tribal
public utilities.
To fulfill these responsibilities, the Authority shall
have the power to:
(1) Levy and collect reasonable fees for utility
services;
(2) Provide for the hiring and compensation of
appropriate management and maintenance personnel;
(3) Adopt appropriate regulations to implement the
requirements of this Ordinance;
(4) Authorize disbursement of funds for operation,
maintenance and repair of utility services.
(5) Contract with vendors and contractors to assure
that safe and reliable environmental services are
available to and utilized by the residents of the
(xxxxxx xx xxxxx) Reservation.
(6) Authorize investment of Utility and Environmental
Service Department funds.
SECTION 3.05. UTILITY AUTHORITY - MEMBERSHIP: The Utility Authority
shall be composed of five persons appointed by the
Tribal Council. One person shall be selected from the
Tribal Council, as its representative; and, four
persons selected from the general tribal community.
The Council shall appoint at least three of the five
members from among the on-reservation users of the
Tribal Public Utilities. Members of the Utility
Authority shall be known as Utility Commissioners.
SECTION 3.06. TERM OF OFFICE: Except for the initial Authority
membership, all Commissioners will serve two-year
terms, except for the representative from the Tribal
Council who shall serve a one-year term. Initial
Commissioners of the Authority shall serve terms as
follows:
Council Representative (Position 1) - 1 year
Community Representative (Position 2) - 2 years
Community Representative (Position 3) - 1 year
Community Representative (Position 4) - 2 years
Community Representative (Position 5) - 1 year
Terms shall expire upon the swearing in of newly
appointed Commissioners.
In the event that the Council Representative
Commissioner loses or resigns his position on the
Council his appointment to the Utility Authority shall
expire immediately, and the Council shall fill the
vacancy by appointment of a new Commissioner at the
next regular meeting of the Tribal Council.
SECTION 3.07. UTILITY AUTHORITY - METHOD OF APPOINTMENT: THe Tribal
Council shall annually appoint persons to fill any
Utility Authority vacancies. For the Commissioner
positions to be filled by tribal community members, the
Council shall advertise in the tribal newsletter
soliciting interested persons for nomination. For all
Commissioner positions, the Council shall choose
persons capable and wiling to perform the duties of the
Authority. After receiving nominations, the Council
shall appoint Commissioners by a majority vote.
SECTION 3.08. UTILITY AUTHORITY VACANCIES: If a Commissioner
resigns, moves from the local area, dies, or is found
guilty of a felony or major crime in any court of law,
the Tribal Council shall declare the Commissioner
position vacant. If any Commissioner misses two
consecutive Utility Authority meetings without a valid
excuse, the Tribal Council may declare the position
vacant. All vacancies shall be filled within one month
in accordance with this Section.
In the event that the number of unfilled Commissioners
vacancies prevents gathering of a quorum for purposes
of conducting business, the Tribal Council shall act as
the interim Utility Authority until such time as the
filling of Commissioners' vacancies allows for a quorum.
SECTION 3.09. OFFICERS: Within ten days after the appointment of the
initial Commissioners, there shall be an organizational
meeting of the Utility Authority to elect a Chairman,
Vice Chairman and a Secretary-Treasurer from among the
Utility Authority Commissioners. The Officers shall be
elected annually thereafter, immediately following the
appointment by the Tribal Council of the new
Commissioners.
SECTION 3.10. DUTIES OF OFFICERS: Officers of the Utility Authority
shall assume the following duties:
1. Chairman - Shall preside at all meetings; call and
arrange all meetings; be responsible for all
general management of the Utility Authorities
affairs; and perform all duties incidental to the
office.
2. Vice-Chairman - Shall perform all of the Chairman's
duties in in the absence of the Chairman; and shall
assist the Chairman as required in handling the
Utility Authority affairs.
3. Secretary-Treasurer - Shall keep or cause to be
kept a complete and accurate record of all meetings
and shall maintain all correspondence, notices and
records of the Utility Authority: Shall be
responsible for maintaining financial records of
the Utility and Environmental Services Department:
Shall report the Department's financial status at
each regularly scheduled Utility Authority meeting
and shall present to the Commissioners for their
action all requests for funds to meet the
Department's financial obligations. Shall prepare
an annual financial statement for submission to the
Tribal Council for the general membership meeting.
Further, the Treasurer shall make all investments
for the Utility Authority in accordance with
appropriate sections of this ordinance.
SECTION 3.11. MEETINGS: The Utility Authority shall meet when
business demands and requires attention, but in no case
less than once per month. Regular and special meetings
shall be called by the Chairman. Any two Commissioners
may request the Chairman, in writing, to schedule a
special meeting of the Utility Authority. If the
Chairman fails to schedule a meeting within five days
after receipt of a written request, any other two
Commissioners may call such a meeting.
Meetings shall be held in public places, and the
Utility Authority shall provide at least 5 days public
notice of Authority meetings. Emergency meetings may
be convened with less than five days notice, in cases
of emergency where loss of life, limb or property is
threatened, or where the continued operation or fiscal
capability of the Tribal public utilities may be in
jeopardy. All meetings shall be open to members of the
tribal community and to users of the Tribal Public
Utilities.
SECTION 3.12. QUORUM AND VOTING: A minimum of four Commissioners is
required to establish a quorum and conduct Utility
Authority business. Any action taken by the Utility
Authority must be approved by a majority vote of those
Commissioners present at a Utility Authority meeting.
Each Commissioner of the Utility Authority, except the
Chairman, shall be entitled to vote on each matter
coming properly before the Utility Authority. The
Chairman shall vote only in the event of a tie.
SECTION 3.13. MEETING AGENDA: Regular meetings of the Utility
Authority shall be conducted according to the following
agenda outline:
1. Call to Order
2. Roll call
3. Reading of minutes of previous meeting
4. Report by Treasurer
5. Report by Manager and/or Operator
6. Unfinished business
7. New business
8. Miscellaneous business
9. Adjournment
SECTION 3.14. COMPENSATION: Commissioners of the Utility Authority
shall serve without monetary compensation, except as
determined by the Tribal Council. The Council shall
establish prevailing government rates for mileage, per
diem, or other costs, consistent with tribal policy,
and shall direct the Business Manager to approve such
expenditures; provided that funds are available within
the Utility and Environmental Services Department
budget approved by the Utility Authority and ratified
by the Tribal Council.
SECTION 3.15. PUBLIC HEARINGS: The Utility Authority shall convene
public hearings to discuss changes in utility rates
assessed to users of tribal public utilities. All
users of tribal public utilities shall be afforded
seven days written notice of such hearings, and
adequate notices shall be posted at appropriate places
within the community.
ARTICLE IV
MANAGEMENT AND FINANCES
SECTION 4.01. MANAGEMENT PERSONNEL: The Utility Authority shall
manage the business and operating affairs of the
Utility and Environmental Services Department. The
Utility Authority may provide for hiring and
contracting personnel for the care and maintenance of
the Tribal Public Utilities (provided that hiring shall
be in accordance with tribal personnel policies), and
shall establish compensation rates consistent with the
Utility Department approved budget. The Utility
Authority may delegate only those management duties
that are not specifically designated as duties to be
performed exclusively by the Utility Authority.
SECTION 4.02. ANNUAL BUDGET: The Utility Authority shall establish
an annual budget enumerating the necessary costs of
Utilities and Environmental Services operation,
maintenance, administration, personnel, liability and
other insurance, replacement, and a reserve for major
repairs and replacements.
SECTION 4.03. USER FEE SCHEDULE: The annual budget shall be used to
determine a fee schedule to be assessed to the users of
Tribal Public Utilities. The budget and fee schedule
shall be approved by the Utility Authority and ratified
by the Tribal Council.
SECTION 4.04. FISCAL YEAR: The fiscal year for the Utilities and
Environmental Services Department shall be the same as
the fiscal year of the Tribal Council.
SECTION 4.05. DEPOSITORY: The depository of the Department shall be
a separate commercial account or accounts in any bank
selected by the Utility Authority. Said account shall
be in the name "(xxxxxx xx xxxxx) Tribal Utility
Authority".
SECTION 4.06. INVESTMENTS: Funds on deposit in excess of 30 days
working capital may be invested in insured deposits at
a commercial bank, savings and loan association or
investment company offering the highest interest rate,
provided that investment deposits shall have immediate
liquidity. Investment deposits shall be made by the
Utility Authority Treasurer. Withdrawals of
investments require the approval of the Utility
Authority Treasurer. Withdrawals from accounts shall
be signed by two of the officers of the Utility
Authority.
SECTION 4.07. DISBURSEMENTS AND RECEIPTS: The Utility Authority
shall determine the distribution of funds required for
the operation, maintenance and management of the Tribal
Public Utilities and Environmental Services.
Disbursements will be made by check upon presentation
of invoices or vouchers. Disbursements shall be made
by the Officers of the Utility Authority or employees
properly designated by the Utility Authority. The
checks written on accounts shall be signed by two of
the Officers of the Utility Authority. Cash receipts
will be deposited intact, as to amount, in the
depositor promptly. Receipts will be issued for all
cash received and copies filed and retained for
accounting.
SECTION 4.08. RECORDS AND ACCOUNTS: Suitable financial records shall
be maintained for all expenditures, receipts from
payments for services, investments and returns on
investments, and any other financial matters necessary
for operation of the Utility and Environmental Services
Department. The separate accounting records for the
Department shall be maintained in an appropriate
business like manner. The records of accounts shall be
made available to the Tribal Council upon request.
SECTION 4.09. EXCLUSIVE USE OF FUNDS: The finds accrued by the
Utility Authority and kept on deposit are for the
exclusive use of the Utility and Environmental Services
Department for the necessary operation, maintenance,
and management of the Tribal public utilities and
environmental services. Utility Authority funds shall
not be transferred or loaned to the Tribal General Fund
or any other accounts of the Tribe or other Tribal
departments, except to pay for services provided to the
Utility Authority or Department by other Tribal
Departments.
SECTION 4.10. AUDIT AND REPORTS: The accounts of the Utility
Authority will be audited annually at the close of the
fiscal year at the expense of the Department. Annual
and periodic reports will be submitted by the Utility
Authority to the Tribal Council.
SECTION 4.11. BONDING: Officers of the Utility Authority and any
other person(s) designated to handle funds for the
Utility and Environmental Services Department, shall be
bonded for amounts up to $100,000.
SECTION 4.12. INSURANCE: Fire and other insurance on property owned
or used by the Department or on property in which the
Department has an insurable interest shall be in
amounts and type of coverage specified by the Utility
Authority. Insurance may be part of the Tribal
insurance policies, with the expenses thereof pro-rated
to the Department if so directed by the Tribal Council.
SECTION 4.13. PETTY CASH: A petty cash fund is authorized to be
established in the amount of $2,000. This fund may be
used to pay small expenses, when necessary, and to pay
small obligations when it is not feasible to pay by
check on the official depository. The fund may be
reimbursed periodically from the official depository of
the Utility Authority in the amount of and upon the
submittal of receipts, vouchers, and statements signed
by the payees, of their proof of expenditure. Petty
cash reimbursement vouchers shall be certified by the
Treasurer.
SECTION 4.14. REGULATIONS AND POLICY: The Utility Authority shall
have the authority to adopt appropriate regulations and
policy as needed to implement the provisions contained
in this ordinance.
SECTION 4.15. REGULATION; POLICY SUSPENSION ALTERATION: No
regulation duly adopted by the Utility Authority may be
suspended or altered by any person without prior
written authorization of the Utility Authority.
SECTION 4.16. AMENDMENTS: The Utility Authority shall recommend
amendments to this ordinance that it believes necessary
to promote the efficient, cost effective and self
sufficient operation of the Utility and Environmental
Services Department and shall present such amendments
to the Tribal Council for approval.
SECTION 4.17. GRIEVANCES: Any customer or any applicant for utility
services, who is aggrieved by any action of the Utility
and Environmental Service Department or the Utility
Authority may file a grievance with the Utility
Authority. The Utility Authority shall abide by the
regulation set forth in this ordinance and shall handle
such grievances in a manner which provides for due
process of law.
All decisions by the Utility Authority on matters that
have been submitted for grievance under the
Department's grievance procedures shall be considered
final. Final decisions of the Utility Authority may be
appealed by an aggrieved party only on the basis that
the Department's grievance procedures were not
followed, or that due process was denied.
SECTION 4.18. NON-WAIVER OF SOVEREIGN IMMUNITY: The Utility and
Environmental Services Department is an agency of the
(xxxxxx xx xxxxx) Indian Tribe, and thereby retains all
rights of sovereign immunity of the Tribe. By
providing services and entering into service
agreements, the Department shall not waive the
sovereign immunity of the (xxxxxx xx xxxxx) Indian
Tribe or any of its officers, agents, attorneys or
employees, or any one else acting at the direction of
and on behalf of the (xxxxxx xx xxxxx) Indian Tribe.
ARTICLE V
UTILITY AND ENVIRONMENTAL SERVICES - OPERATION
SECTION 5.01. SERVICES PROVIDED: The services provided by the
Utility and Environmental Services Department shall
include domestic water, sewer and garbage. Additional
services may be provided upon approval by the Utility
Authority and ratification by the Tribal Council.
SECTION 5.02. WATER SERVICE: The Utility Authority is responsible to
provide safe, adequate water for a fee to those houses,
businesses and institutions connected to the mainlines
of the community water system. Responsibility for
maintenance will include water sources, storage tanks,
controls, mainlines, valves and hydrants, and service
lines to the curb stops only. The service line from
the curb stop to the house and the interior house
plumbing are the responsibility of the customer. The
individual household water meters are owned by the
Utility Authority and its is the responsibility of the
Department to maintain the meters. The tribal
community water systems shall be managed such that the
regulatory requirements of the Federal Safe Drinking
Water Act, as established by the Environmental
Protection Agency, are satisfied.
SECTION 5.03. SEWERAGE SERVICE: The Utility Authority is responsible
to provide sanitary disposal of domestic liquid waste
for a fee to those houses, businesses and institutions
connected to the mainlines of the community sewerage
system. Further, the Utility Authority is responsible
for the maintenance and repair of community sanitary
sewage disposal systems and storm sewer systems.
Responsibility for maintenance includes treatment
facilities, pumping stations, mainlines, manholes, and
service lines to the individual property lines. Tribal
sewerage collection, treatment and disposal systems
shall be managed such that applicable Federal
regulations of the Clean Water Act and the National
Pollution Discharge Elimination System are satisfied.
The Utility Authority is responsible for maintenance
individual on-site sewage disposal systems, including
individual pumping stations, and for pumping the septic
tanks on a periodic basis. The service line from the
property line to the house or the septic tank inlet to
the house and interior house plumbing are the
responsibility of the customer.
SECTION 5.04. GARBAGE SERVICE: Garbage collection and disposal
service shall be provided by the Utility Authority for
a fee for the houses located in the reservation
community. The Utility Authority will provide this
service directly or enter into a contract with a nearby
solid waste collection contractor in order to provide
this service to the community.
SECTION 5.05. FUTURE SERVICES: At some future date the Utility
Authority may assume responsibility to provide
electrical, gas, telephone, cable TV or other utility
services.
SECTION 5.06. MAINTENANCE SCHEDULE: The Utility Authority shall
develop and follow a regular schedule of maintenance
service for each water and sewerage system and
components thereof.
SECTION 5.07. PERSONNEL: The Utility Authority shall have the full
authority to hire, evaluate and discipline or fire if
necessary the personnel required to manage, operate and
maintain the Public Utilities. Existing Tribal Staff
may be used and employed by the Utility and
Environmental Services Department to provide necessary
maintenance and management services through agreements
approved by the Tribal Council and the Utility
Authority. The specific personnel policies of the
Tribe shall be followed. Job descriptions for all
employees will be developed and followed.
SECTION 5.08. PURCHASING: The Utility system operator may make or
approve purchases from the petty cash fund for amounts
up to $2,000. Above this amount, the Utility Authority
Treasurer must give approval and disburse funds
according to appropriate sections of this ordinance.
An accurate account and receipts of all expenditures
will be kept.
SECTION 5.09. EQUIPMENT: All utilities equipment shall be maintained
according to the established maintenance schedule and
quickly repaired when necessary so that disruption in
service are minimized.
Utility tools and equipment are not for personal use.
Equipment shall not be loaned to other Tribal
Departments. A record of tools and the individual to
whom they were assigned shall be maintained.
Individuals will be held responsible for the security
of tools and supplies that are assigned to them.
SECTION 5.10. INVENTORY: An accurate inventory of tools, equipment,
and supplies will be kept up to date. A reserve supply
of repair parts and regularly used supplies will be
maintained by the Department. A listing shall be kept
of local suppliers of repair parts, replacement
equipment and expendable supplies.
SECTION 5.11. PUBLIC RELATIONS: The Utility Authority shall keep
customers notified about changes in fees, rates, solid
waste collection schedule, water quality regulatory
compliance, levels of service and any other information
which may affect customers use of sanitary facilities.
Notices may be included in monthly billing statements
or may be disseminated to the public through separate
mailings, newsletters, tribal newspaper or posting
throughout the community.
Any person filing a complaint or seeking information
shall be given assistance in a courteous manner.
Complaints may be presented verbally or in writing to
any Department Staff member for resolution and action.
Complaints that cannot be resolved within ten days
should be referred to the Utility Authority in writing.
The Utility Authority will resolve such complaints at
the next regularly scheduled meeting of the Authority.
The Chairman may call a special meeting of the
Commissioners to resolve complaints as deemed necessary.
SECTION 5.12. EMERGENCY NOTIFICATION: An emergency notification plan
will be developed by the Utility Authority and reviewed
annually for notifying residents and visitors of:
A. Discontinued service for more than eight (8) hours.
B. Substandard conditions in water quality. This
includes bacteriological, chemical or physical
quality deficiencies.
C. Changes in scheduling of refuse pick-up and septic
tank pumping.
D. Any other conditions which may adversely affect the
health of the community residents or visitors.
SECTION 5.13. STAFF TRAINING: All employees that are newly assigned
to operate the utility systems shall receive
instruction from an experienced operator. A minimum of
32 hours of instruction should be received before the
new employee assumes responsibility for operations.
Regular operators should receive up to 40 hours of
formal instruction per year. The Utility Authority
will assure that operators maintain current knowledge
of water system operation techniques.
A training plan for the water system operators shall be
developed which will provide for upgrading of knowledge
and skills in water utility operations, maintenance and
management. The goal of the training program shall be
Washington State certification as Water Distribution
Manager.
SECTION 5.14. LIMITS OF RESPONSIBILITY: The Department shall not be
responsible for, nor shall it maintain or repair, any
private or domestic water or sewer system, garbage,
roads or lighting except by specific agreement
establishing fair rates of compensation to the
Department, and that is approved and signed by the
Utility Authority and owner of such facilities. The
Department shall not be liable for any loss or damage
beyond its control resulting from any defect in, or
damage to, a customer's water or sewer lines or
fixtures, garbage storage facilities, driveways or
parking lots, hydrants or lighting.
SECTION 5.15. RIGHT OF ENTRY - INSPECTIONS: The Department, or its
authorized representative, is hereby authorized to make
limited, reasonable inspections, at reasonable times,
of any grounds, building or residence served by the
Utility Department to the extent necessary to insure
that customer utility fixtures, lines and equipment are
not being operated in a manner that would likely
disrupt or interfere with utility services. Except in
cases of emergency where life, limb, or property are
threatened, or in cases of immediate water shortages,
the Department shall give the customer at least 24
hours notice prior to requesting permission to enter
and inspect. If permission to enter and inspect is
denied or impeded in any way, the Department shall
obtain a court order authorizing such entry and
inspection. Where the permission to enter and inspect
is unreasonably withheld, the Department may assess
court costs and related expenses and add them to the
affected customer's bill.
SECTION 5.16. DISRUPTION OF SERVICE: The Department may shut off
water or sewerage service, or disrupt traffic on the
public right-of-way to perform repairs, provided that
advance notice has been given to affected customers.
Provided, however, that in cases of emergencies where
loss of life, limb or property is threatened, or in
cases of immediate water shortage, service may be
disrupted without advance notice. The Department shall
not be responsible for consequent damage as a result of
lack of water or sewerage during authorized disruptions
of service.
The Department shall not be liable for any associated
damages or delay caused by the breaking or leaking of
any pipe, valve, fixture or other contrivance as a
result of the lack of water or sewerage to or from any
mains, services, hydrants, lines or reservoirs during
authorized disruptions of service.
SECTION 5.17. PERMITS: No connection, re-connection with,
disconnections from, or other private use of any
Department water or sewer system, road, appurtenance of
other utility service or facility shall be made without
a written permit by the Utility Authority. No
construction of any private water or sewer system, or
other private utility is authorized without written
permission from the Utility Authority. The Utility
Authority may require such plans from the permit
applicant as it determines are necessary to decide
whether or not a permit should be issued.
SECTION 5.18. WATER SHORTAGE - SERVICE PREFERENCE: In cases of a
water shortage proclaimed by the Utility Authority, the
Department shall regulate the amount of water any
customer may be allocated. The Utility Authority also
may give preference to the customers and/or amounts of
water to be allocated, provided the Utility Authority
allocates water according to public necessity of
convenience, and provides for fair allocations between
customers. Any customer violating a legal allocation
may have his water service discontinued. Service shall
be resumed only upon payment of the approved
reconnection fee and any penalties.
SECTION 5.19. UNNECESSARY WASTE OF WATER: The Utility Authority
reserves the right to terminate customer's service when
the customer has repeatedly, unduly wasted water. Such
undue waste is evidenced by the fact that hydrants,
taps, hoses and other fixtures are permitted to run
continuously when not in productive use. Where such
conditions have been observed, the Utility Authority
having been notified of the condition, may terminate
water to the premise if the condition is not corrected
within 48 hours after receipt of the notice. Service
shall be resumed only after correction of the condition
causing a wastage of water and payment by the customer
of the approved reconnection fee, penalties and any
other accounts in arrears to the Utility Authority.
SECTION 5.20. CONSERVATION OF RESOURCES: The Department shall
conduct operation, maintenance and repair services in a
manner that will maximize the conservation of natural,
financial, and property resources. Customers of the
Department shall be encouraged to conserve water
resources and to limit water use as necessary to
provide a comfortable, healthy and aesthetically
pleasing life style. The Department may offer
assistance and service to customers for water
conservation and other material resources conservation
and recovery as determined to be feasible by the
Utility Authority.
SECTION 5.21. NEW CUSTOMER SERVICES: Any dwelling within the service
area of the Utilities shall be eligible for services,
provided all of the following conditions are met:
1. Facilities are adequate to meet additional load.
2. New customer agrees to adhere to this Ordinance.
3. Approval by the Utility Authority.
ARTICLE VI
CUSTOMER OBLIGATIONS
SECTION 6.01. CONDITIONS FOR SERVICE, PAYMENTS: As a condition for
receiving utility services from the Utility and
Environmental Services Department, the customer agrees
to comply with all provisions of this Ordinance, and
any regulations duly adopted by the Utility Authority
as well as any other applicable codes or regulations,
including being current in the payment of all fees,
penalties, costs, damages, or other charges assessed by
the Department.
SECTION 6.02. MAINTENANCE; REPAIRS; LIABILITY: The customer shall be
responsible for maintaining and repairing water and
sewer lines located on or in the customer's grounds,
building or residence in compliance with applicable
regulations. The customer shall notify the Department
in advance of major maintenance or repairs planned for
water or sewer lines. The customer shall permit the
Department to inspect the work for compliance with
applicable regulations. The customer shall be liable
for any damage to the Department's lines, equipment or
other property caused by the customer, his family,
guests, tenants, agents, employees, contractors,
licensees or other persons under the customer's control
or authority.
SECTION 6.03. CUSTOMER TERMINATION OF SERVICE; ABANDONMENT: A
customer planning to vacate any grounds, building or
residence served by the Department shall notify the
Department in writing one week prior to the date the
customer plans to either vacate or terminate service,
whichever is later. A customer who fails to give
notice is responsible for all charges accrued up to one
week after notice is received by the Department, or up
until service is terminated, whichever comes first.
SECTION 6.04. WATER SHORTAGES: During water shortages declared by
the Utility Authority, the customer shall limit his use
of water according to allocations established by the
Utility Authority.
SECTION 6.05. INSPECTIONS: The customer shall not unreasonably
withhold permission for the Department to enter and
inspect the Department's and customer fixtures, lines
and equipment when necessary to insure that they are
operating in a manner that would not likely disrupt or
interfere with utility services. The customer shall be
liable for any costs or related expenses caused by his
unreasonable withholding of permission.
SECTION 6.06. PERMITS: The customer shall obtain written permission
from the Utility Authority prior to making any
connection, re-connection, with, disconnection from, or
other private use of any Department water or sewer
system, road, appurtenance, or other utility service or
facility. The customer shall obtain written permission
from the Utility Authority prior to constructing any
private water or sewer system, or other private utility.
SECTION 6.07. CROSS-CONNECTIONS: The customer shall not make a
cross-connection with the Tribal Public Water supply.
A cross-connection is defined as any physical
connection between the Tribal Public Water system and
another piping system, either water or waste. Any
individual source must be totally disconnected from the
household plumbing prior to connection to the Tribal
Public Water Supply. "Disconnection" done solely by a
valve shall not be allowed.
SECTION 6.08. SOLID WASTE FACILITIES: The customer shall provide his
own refuse containers and shall maintain the cans and
holding facility in a manner that prevents the
harborage of rodents and vermin. There shall be no
excessive accumulation of refuse, garbage or solid
waste in the community or around individual homesites.
SECTION 6.09. USE OF SEWERAGE SYSTEM: The customer shall use the
sewerage collection, treatment and disposal system only
for the disposal of normal household liquid waste
including waste from toilet facilities, shower and
bathing facilities and kitchen facilities.
SECTION 6.10. UNAUTHORIZED DISPOSAL: The customer shall not dispose
of any material into the sanitary sewer which may cause
the collection lines or subsurface drain field to
become blocked or excessively loaded with solids,
including but not limited to garbage, disposable
diapers, sanitary napkins, paper material other than
toilet paper, cigarette waste, cat litter, etc.
SECTION 6.11. TOXIC WASTE DISPOSAL: No customer shall dispose of any
toxic, radioactive or otherwise hazardous waste into
any Utility Department or private sanitary or storm
sewerage system. Toxic and hazardous waste include but
are not limited to: oil, pesticides, gasoline, organic
solvents, paint, poisons and other manufactured
chemical compounds.
ARTICLE VII
FEE SCHEDULES AND BILLING
SECTION 7.01. FEE SCHEDULE ESTABLISHMENT: The schedule of fees for
utility services shall be set annually by the Utility
Authority. The fee schedule shall be based on the
estimated average annual costs for operation of all
utility services. The fee schedule shall include a
basic rate for all services, payment of which shall be
required of each customer regardless of whether, or the
extent to which, the customer uses any of the services,
and; other fees, charges, penalties and assessments
which the Utility Authority is authorized to levy as
provided under various sections of this Ordinance. The
fee schedule may be adjusted as needed to meet utility
operating expenses.
SECTION 7.02. PUBLIC HEARING: The Utility Authority shall hold a
public hearing whenever a new fee schedule is proposed
for adoption. Five days in advance of the hearing, the
proposed fee schedule shall be sent to each customer
and shall be posted in appropriate places. Following
the public hearing the Utility Authority shall set a
fee schedule, taking into consideration comments
received at the hearing.
SECTION 7.03. NOTICE TO CUSTOMERS: A copy of the fee schedule
adopted by the Utility Authority shall be sent to each
customer at least 30 days prior to the date the
established fees take effect.
SECTION 7.04. BILLING RESPONSIBILITY: The Utility Authority and/or
Utility and Environmental Service Department is
responsible for billing customers for Utility and
Environmental Services. The billing service, however,
may be contracted to the Tribe, Housing Authority,
other agency or firm at the discretion of the Utility
Authority and Tribal Council.
SECTION 7.05. MONTHLY STATEMENT: Each month the Department shall
mail to all utility customers a statement detailing the
following information:
1. The customer's name and account number;
2. The types and levels of service used in the current
month;
3. The billed cost of the current month's service,
plus an accounting of bills or charges past due, if
any;
4. The date that payment is due; and
5. The location to mail or deliver payment.
SECTION 7.06. DUE DATE: The monthly date on which payment will be
due shall be established by Utility Authority
regulation.
SECTION 7.07. PAYMENTS PAST DUE: Payments not received within 10
days after the established due date are considered past
due. The Department shall issue a notice of payment
past due to the customer, detailing the payment owned
and the consequences for failure to pay. The notice
shall be sent no later than the date the next billing
is sent out.
SECTION 7.08. DELINQUENT ACCOUNT: If the payment past due is not
paid within 10 days after the next regular monthly due
date, the account shall be declared delinquent.
SECTION 7.09. NOTICE OF DELINQUENCY: The Department shall
immediately notify the customer in writing once his
account has been declared delinquent, and list the
sanctions that may be imposed without further notice.
Notice of delinquency shall be made by certified mail
or such other means to provide proof of receipt by the
customer.
SECTION 7.10. ADVANCE DEPOSITS: The Utility Authority may require
each new customer to pay an advance deposit equal in
amount to the basic monthly rate fees for the first
month of service prior to receiving services. The
deposits shall be retained by the Utility Authority no
longer than one year. The deposits, with interest
compounded at passbook rates, shall be credited to the
individual customer's utility account balance at the
end of the deposit period, providing that the
customer's account is not delinquent and in arrears.
Any remaining deposit funds will be returned to the
customer.
ARTICLE VIII
ENFORCEMENT; PENALTIES; SANCTIONS
SECTION 8.01. AUTHORITY AND ENFORCEMENT: The Utility Authority is
hereby authorized by the Tribal Council to collect
established fees for service and to impose sanctions
and penalties for non-payment. The Utility Authority
shall enforce its regulations, fee collections and
provisions of this ordinance by shutting off water
service of any and all violators and delinquent
bill-payers or imposing other penalties and sanctions
as authorized.
SECTION 8.02. ATTACHMENT OF CUSTOMERS PROPERTY: The Utility
Authority shall not seek to attach customer's property,
nor seek to have fines assessed by Tribal Court, except
in limited cases of blatant or continued abuses or
destruction of property.
SECTION 8.03. PENALTY SCHEDULE: The Utility Authority shall develop
and adopt a penalty schedule which outlines specific
penalties, fines and assessments for violation and
non-compliance with the provisions of this ordinance.
The penalty schedule shall be reviewed for
appropriateness annually by the Utility Authority.
SECTION 8.04. SANCTIONS AUTHORIZED: The following sanctions may be
imposed by the Utility Authority for failure of the
customer to comply with any provisions of this
ordinance or with any duly adopted regulation of the
Utility Authority:
(1) Termination of service(s);
(2) Assessment of penalties based on a penalty
schedule adopted by regulation of the Utility
Authority;
(3) Assessment of late charges based on a schedule
adopted by regulation of the Utility Authority;
(4) Assessment of damages resulting from the
customer's non-compliance;
(5) Forfeiture of all or part of a deposit and any
accumulated interest;
(6) Filing of a lien against the customer's property
after the account is declared delinquent;
(7) Enforcing a lien by seeking judgment, and
satisfaction from the customer's property from a
court of competent jurisdiction;
(8) Filing suit for damages in a court of competent
jurisdiction; and
(9) Referring violations that may involve criminal
conduct to the police or prosecutor.
SECTION 8.05. SANCTIONS GUIDELINES: The Utility Authority shall use
the following guidelines when considering the
appropriate sanctions to be imposed in any given case:
(1) Whether the sanction is required by this ordinance
or other applicable law, or whether imposition is
discretionary;
(2) The minimum sanction needed to effect compliance;
(3) The irreparable harm to the customer and/or family
if the sanction is imposed;
(4) The irreparable harm to operation of the
Department, and to the Tribe, if the sanction is
not imposed;
(5) The customer's past record of compliance or
non-compliance, or good faith efforts to achieve
compliance;
(6) The customer's statements or behavior indicating
the likely success of a given sanction securing
compliance;
(7) The irreparable harm to other persons or property
if the sanction is not imposed; and
(8) The effectiveness of similar sanctions in securing
compliance in other cases.
ARTICLE IX
MISCELLANEOUS PROVISIONS
SECTION 9.01. VALIDITY, SEVERABILITY: The invalidity of any section,
clause, sentence or provision of this ordinance shall
not affect the validity of any part of this ordinance
which can be given effect without such invalid part or
parts.
SECTION 9.02. AMENDMENTS: The (xxxxxx xx xxxxx) Tribal Council has
the power to amend this ordinance at any time. The
Tribal Council shall act upon proposed amendments to
this ordinance, submitted for action by the Utility
Authority, by approval or disapproval of such proposed
amendments.
SECTION 9.03. SUSPENSION OF ORDINANCE: No employee, officer,
contractor or agent of the (xxxxxx xx xxxxx) Indian
Tribe is authorized to suspend or alter any of the
provisions of this ordinance without the formal
approval of the (xxxxxx xx xxxxx) Tribal Council.
The foregoing Ordinance was dully enacted by the (xxxxxx xx xxxxx)
Tribal Council on the ______ day of ________, 1993, at a meeting at
which a quorum was present with a vote of _____ for: against : _____;
not voting, and _____ absent, pursuant to the authority vested in the
(xxxxxx xx xxxxx) Council, pursuant to Section 16 of the Act of June
18, 1934 (48 STAT 984). Said Ordinance is effective as of the date of
its approval by the (xxxxxx xx xxxxx) Governing Body.
Daabup, (xxxxxx xx xxxxx)
______________________________
Tinyenti
______________________________
Ayuranti
______________________________
My'yuu Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
______________________________
Pinsibaarii
ATTEST:
______________________________
Kudyaat'ita, (xxxxxx xx xxxxx)
(XXXXXX XX XXXXX)
CERTIFICATION
I, the undersigned as Governor of the (xxxxxx xx xxxxx), hereby
certify that the (xxxxxx) Tribal Council at the duly called meeting of
the Tribal Council and the people of Acoma, convened and on the
__________ day of __________, 1993, at a meeting at which a quorum was
present with a vote of _____ for; against; _____ not voting; and
_____ absent, pursuant to the authority vested in the (xxxxxx xx xxxxx)
Council pursuant to Section 16 of the Act of June 18 (48 STAT 984).
Said Ordinance is effective as as of the day of its approval by the
(xxxxxx xx xxxxx) Governing Body.
______________________________
Daabupu, (xxxxxx xx xxxxx)
ATTEST:
______________________________
Kudyaat'ta, (xxxxxx xx xxxxx)
Stanley Paytiamo, Environmental Engineer and Scientist AIPC Pueblo
Office Environmental Protection
Final copy completed May 10, 1993 Watermark For (xxxxxx xx xxxxx)
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