ORDINANCE 3
WHEREAS,
a domestic water system has been installed at the Stewarts Point Rancheria by the United States Public Health Service for residents of the Rancheria and provisions and maintenance,
NOW, THEREFORE,
under authority of Article IV, Section 1(e) and 1(h) of the Constitution and By-laws for the Kashia Band of Pomo Indians of the Stewarts Point Rancheria, the Community Council, as the governing body of Kashia Band of Pomo Indians, hereby adopt the following ordinance to govern the operation and maintenance of the Stewarts Point Rancheria Domestic Water System.
Section 1 - WATER BOARD
There is hereby created the Kashia Water Board, which shall have the exclusive management and control of the water and sanitation facilities obtained by the Kashia Band through the Indian Sanitation Facilities Cnstruction Act (Public Law 86-121) and other such facilities built or obtained through community funds and effort. All such water and sanitation facilities are hereinafter referred to as "The facilities."
Section 2 - ELECTION OF WATER BOARD
(a) Voters. All adult members of the Kashia Band residing on or near the Rancheria and whose residences are served by the facilities are entitled to vote for members of the Water Board.
(b) Non- Members. Non-members of the Kashia Band whose residences are served by the facilities may be given the right to vote in Water Board elections by a vote of two-thirds of those voting at an election.
(c) Water Board of Three Members. The eligible voters shall elect among their number three persons who shall constitute the Kashia Water Board. Elections shall be held in November or December of even-numbered years, those elected serving two-year terms. One-half of the eligible voters shall constitute a quorum for Water Board elections. Board members shall serve withour compensation.
(d) Decisions. Water Board decisions shall be made by majority vote at meetings noticed to all Board members. Two members shall constitute a quorum.
(e) Officers. One member of the Water Board shall be elected as President, another as Secretary, and the third as Treasurer. The Treasurer shall be bonded to the Kashia Band of Pomo Indians in an amount set by the Board but not less than $2,000.
(f) Vacancies and Recall. Special elections shall be held in the event of a vacancy or a recall petition signed by at least one-third of the Water Board voters, except that no such election shall be called within four months of a regular election. A Board member who permanently leaves his Rancheria residence shall vacate his Board seat.
(g) Voter Suspensions. The right to vote in Water Board elections may be suspended for the causes in Section 7(d) of this Ordinance.
Section 3 - REGUALTIONS
The Water Board shall adopt such written regulations as are necessary for the efficient management of the facilities. Copies shall be made availavbe to all residences served be the facilities. The authority to adopt regulations is vested solely in the Board except as provided in Section 7(d) of this Ordinance.
Section 4 - FACILITIES MANAGER
The Water Baord shall appoint a Facilities Manager to conduct routine operation and maintainence of the facilities under Board supervision and to assist the Treasurer as he may require. The Facilities Manager may be compensated out of Board funds. In the event that a person considered for the position of Facilities Manager is closely related to one or two Board members the amount of his compensation must be approved by the other Board member(s).
Section 5 - POWERS
The Kashia Water Board shall be empowered to:
(a) Execute and enforce the provisions of this Ordinance.
(b) Purchase supplies, equipment and services necessary to operate and maintain the facilities. All disbursements of Water Board funds require approval of the Board.
(c) Establish and collect charges and fees for water supplied, connection, disconnection, and other services. All such charges shall be levied without discrimination, or favor.
Section 6 - DUTIES
(a) Water Board. The Water Board is charged with the efficient management of the facilitiesto deliver a continuous, sufficient and equitable supply of domestic water to residences served.
(b) President. The President shall:
(1) Preside over Board meetings and elections.
(2) Sign contracts and other documents on behalf of the Board, when authorized by the Board.
(3) Supervise the Facilities Manager in arranging schedules for a daily check on the facilities and in promptly correcting any
malfunctions.
(4) Co-sign with the Treasurer all checks drawn on the account of the Water Board.
(c) Secretary. The Secretary shall:
(1) Keep a complete record of all election meetings and meetings of the Board, including am itemized list of disbursements
approved.
(2) Notify residencesserved of elections at least two weeks in advance.
(3) Preside in the absence of the President.
(d) Treasurer. The Treasurer shall:
(1) Collect Board moneys from persons served and other sources, and deposit them in the Board bank account, which shall be
seperate from all other accounts of the Kashia Band. Checks drawn on the account shall require the signatures of both the
President and Treasurer.
(2) Prepare and cause to be delivered bills for services and delinquency notices.
(3) maintain an accurate, current account of all deposits, expenditures, and service billings and payments, which account shall be
reasonably available for the inspection of any user of the facilities. Receipts for all expenditures shall be kept for audits.
(4) Arrange for audits as required by Section 10.
(5) Report the Board's finances at election meetings.
Section 7 - SERVICE
(a) Initial Services. Persons served by the initial installations of the U.S. Public Health Service shall agree is writing to be governed by this Ordinance and the regulations of the Water Board. The Board may charge an initial fee to all residences serviced.
(b) New Services. Persons desiring service after the date above set shall apply in writing to the Board, agreeing in writing as above. The applicant may be required to furnish at his own expence a service line, meter, appliances, septic tank, leech bed, and related equipment as specified by the Board. The Board shall not unreasonably deny services to any member of the Kashia Band.
(c) Disconnection and Reconnection. The Board may charge a fee for disconnection or reconnection of service to a residence.
(d) Restricted Service. The Board may restrict or deny service to a residence for the following causes:
(1) Delinquency on bills of more than two months from the date payment is due on the oldest unpaid bill.
(2) Subsequential violation of water conservation regulations after warning.
(3) Failure to keep service lines or septic tank in good repair, after warning and reasonable time to comply.
(4) Failure to grant access to premises as required by Section 8.
(5) Other causes set forth in a special Board regulation approved by the voters at the Board election.
Section 8 - INSPECTION AND REPAIRS
(a) Access. Users of the facilities shall permit reasonable access to premises for the inspection of service lines, septic tanks, and leach beds, and for the inspection, operation and sercvice of main water lines.
(b) Repairs. Only those persons authorized by the Water Board shall make any repairs, alterations., improvements, connections or disconnections, to the main lines. Water users shall maintain their service lines and septic tanks in good repair.
(c) Serice Interruption. The Water Board may suspend temporary the delivery of water for making repairs or improvments to the facilities. the Board shall attempt to give advance notice to affected users whenever possible.
Section 9 - CONSERVATION
(a) Users. No use of domestic water for swimming facilities or irrigation, except for non-commercial gardens, lawns, flowers, trees or shrubs, shall be permitted without approval of two-thirds of the voters at a Water Board election.
(b) Shortage. In situations of actual or threatend water shortage as determined by the Water Board, the Board may restrict the use of water as to nature of uses permitted or hours of use. Such restrictions shall be equitible and without discrimination except that preference may be given for the preservation of life and health.
(c) Liability. The Water Board members shall not be liable withour fault for water shortages, interruption of service, insuffiency of water supply, or for damages resulting therefrom.
Section 10 - AUDITS
The records and books of account of the Water Board shall be open to inspection at any time by officers of the Kashia Band. The finances of the Board shall be audited by a public accountant during the six months preceding each Board election and a copy of the audit report posted in a public place at the Rancheria and made available to any member of the Kashia band upon request. Special audits may be ordered at any time by the officers of the Kashia Band or by the Kashia Community Council.
Section 11 - EFFECTIVE DATE AND AMENDMENTS
This Ordinance shall be effective on the date of its adoption by the Community Council. The council may amend this Ordinance.
