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REGULATION NO.
3 -
AVAILABILITY OF WATER SERVICE
3-1
SERVICE AGREEMENTS - The District contracts with owners
of property or their legally authorized agents. A customer or prospective customer is required to sign one of the
District’s standard extension or introduction of water service agreement forms
prior to granting of water service by the District. The extension or introduction of water service agreement forms
are a request, for an extension of the District’s base system or for a
customer's installation only, and said agreement forms do not constitute a
contract for extension or service until such are accepted and approved by the
Board.
3-2
APPLICATIONS FOR WATER SERVICE - Applications
for the extension of the District’s base system or for the introduction of
water service shall be made at the District’s office on printed extension or
introduction of water service agreement forms approved and furnished by the
District for that purpose. Extension or
introduction of water service agreement forms must be signed by the owner of
the property to be served, or their legally authorized agent.
After approval by the District, the
application to establish an account for water service, and the Rules and
Regulations provided herein shall serve as a contract between the District and
the customer. Existing customers do
hereby agree to accept the rules and regulations provided herein as their
contract with the District upon passage of said rules and regulations by the
Board.
The District may set forth a time limit
for construction completion in all such agreements. The construction or installation of the proposed extension or
customer's installation must be completed within the time period designated by
the District in the agreements. Upon
the expiration of the time period allowed, the agreements regarding same shall
be null and void, unless extended in writing agreed to by all parties.
1.
APPLICANTS - Applicants requesting water service
must be the owner of property to be served.
The service application shall include the name and mailing address of
the owner of the property involved. It
shall be the responsibility of the property owner to maintain on file with the
District the current owner’s mailing address.
The owner of the property shall be held ultimately responsible for
payment to the District for water service regardless of amount used by tenants
of rental properties.
2.
APPLICANT INFORMATION – Applicants shall, upon request
by the District, furnish proper identification, together with any information
necessary to verify identity, service address, and ownership of property. In the event this information, or any other
information required to be submitted under these rules and regulations is not
furnished, service to the applicant or service address involved shall be denied
or discontinued until such information is provided. In addition, prior to restoring any service, the applicant must
first pay to the District any applicable charges for discontinuance and
reestablishment of service.
3.
APPLICATIONS REQUESTING EXTENSIONS OF THE DISTRICT’S BASE
SYSTEM
- Applicants requesting an extension of the District’s base system shall pay to
the District at the time the application is filed with the District the
appropriate extension application fee and/or system development fees. The fees shall be adequate to cover the
District’s expenses in processing the application as well as updating the
District’s records to reflect the facilities so extended under the extension
application in question. The current system development fee structure is included
on Exhibit B attached to these regulations.
4.
SPECIAL AGREEMENTS - Special service agreement fees such
as, but not limited to, Rights-of-Way Agreements and Special Covenant
Agreements, unless otherwise provided for, shall be the actual cost of all
legal, engineering, title and recording fees attendant thereto. Said fees shall be due and payable to the
District upon execution and/or recording of such agreements.
3-3 APPROVED WATER SERVICE AREA - Water
service shall not be granted by the District to any prospective customer unless
the property to be served by an extension and/or customer's installation is
located entirely within the Approved Water Service Area of the District. (Water
District No. 1) Owners of real property
outside of the water service area boundaries wishing to obtain water service
must first petition to the Board of Directors to have the potential area to be
served considered for inclusion in Water District No. 1. If the District determines that its water
facility has a capacity greater than necessary to meet the needs of the current
Water Service Area, it may, by ordinance, expand the Water Service Area to
include said real property. However, the
Board must first be satisfied that the District has adequate facilities to
provide water service to the new area without reducing the overall quality of
service to customers within the existing Approved Water Service Area of the
District . Water District No. 1’s
boundaries may not be expanded to areas where the provisions for the
installation of facilities meeting requirements of these rules and regulations
or the standards of the State of Montana and any other governing rules or
regulations cannot be met. All costs
and expenses incident to the application for water service shall be borne by
the applicant. A map of the District’s
boundaries is attached to these regulations as Exhibit A.
3-4 GRANTING OF WATER SERVICE WITHIN THE
DISTRICT’S APPROVED WATER SERVICE AREA - If the District’s base system
extends to, fronts, and abuts the property where service is desired as well as
at the District’s normal point of delivery, and said base system is adequate
and suitable for the service desired by the customer or prospective customer,
then the water service shall be granted by the District to any prospective
customer who:
1.
Fully and truly sets forth all purposes for which water
service may be required and that said purposes comply with these regulations;
2.
At the time of application, pays to the District the
appropriate system development fees, legal fees, application fees, meter
assessment, permits or any other costs that may be incurred to obtain and
complete the service, and all deposits and charges required by the District for
the type of water service applied for;
3.
Provides the District with a legal description of the total
area to be served by the proposed extension and/or customer's installation, and
said area to be served is located entirely within the District’s Approved Water
Service Area;
4.
Provides the District with such other information as may be
required from time to time by the District in order to properly process,
account for, and bill the customer for water service in conformance with these
regulations;
5.
Properly executes the required number of copies of the
District’s standard extension or introduction of water service agreement forms
and submits same to the District for the Board’s approval; and
6.
Grants to the District the required right-of-way, permits
and licenses for the District to provide the services being requested by the
customer and in accordance with the provisions of Regulation 5-9 of these regulations.
3-5 SPECIAL CONDITIONS - Prospective
customers requesting water service for the property that has never participated
in the cost of the construction of the District’s base system, shall be
required to execute and submit a special extension agreement to the District
for the Boards consideration and approval.
In the event the existing base system extends to the District’s normal
point of delivery for the customer's installation, the District may grant the
prospective customer water service provided said customer complies with all
other provisions of these regulations.
Customers or prospective customers requesting water service for property
that is located beyond the existing base system of the District will be
required to extend, at their expense, the base system of the District in
accordance with these regulations prior to being granted water service by the
District.
3-6 ADMINISTRATIVE HEARINGS BEFORE THE BOARD
- In the event an application or other approval for any act permitted under
these regulations is not approved, and the proponent has been so notified
either orally or in writing, the proponent may appeal to the Board in the
following manner:
1. INFORMATION REQUIRED: Within 10 days following notification to the
proponent, any appeal shall be filed in writing and shall be heard at the next
regularly scheduled Board Meeting. The
notice shall be directed to the Manager and shall include all additional
information the proponent desires to present to the Board at said meeting.
2. SCHEDULING: The Manager shall schedule the matter to be heard at such next
Board meeting.
3. HEARING: At the hearing, the Board shall hear the matter informally, with
the President of the Board controlling procedure. The proponent shall first present their side, and then the
Manager may reply. If either party
desires to present anything further, the President shall control further
procedure as may be necessary. After
presentation by both parties is complete, the Board may retire to
deliberate. In the event the Board
deems further time advisable, it shall notify the parties of the date on which
its decision will be announced, in no case to be more than thirty (30) days,
unless the Board is in doubt and desires further hearing on the matter. In any event, the Board may not engage in
hearings on the matter for a total time span from the date of initial hearings
to final hearing date in excess of one hundred-twenty (120) days. In all cases the Board's decision shall be
rendered in not more than thirty (30) days following the final hearing day. The Board’s decision shall be reduced to
writing and shall be mailed or produced to the proponent.
4. Nothing herein is intended to preclude the
Board and President from flexible altering procedure to achieve the end of
speedy and fair disposition of matters before it.
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