Strategic Plan,
Rate Schedule and Policies,
Procedures & Regulations Manual

Effective January 1, 2011

Revised January 1, 2018


STRATEGIC FUTURE PLAN

FOR

WOLF CREEK WATER AND SEWER IMPROVEMENT DISTRICT (“Plan”)

 

 

  1. OPERATIONAL POLICY

 

Wolf Creek Water and Sewer Improvement District (“District”) is not required to provide any service beyond our existing District boundaries. The Board of Trustees of the District (“Board”) will consider expanding the Districts services beyond its existing boundaries on a case by case basis upon written request from a developer. The basis for consideration by the Board to accommodate future customers will be for all associated costs, including all engineering, water source and water rights, to be fully borne by the developer/new customer.

 

It is anticipated that prior to any future expansion of services beyond the current District responsibility, there will be an understanding/agreement between the District and Weber County, and State of Utah, regarding the process of such expansion.

 

  1. SERVICE AREA BOUNDARIES

 

Identify service areas for water, sewer and secondary water with appropriate mapping.

 

Note: This activity was reported as completed by Wolf Creek Properties (“WCP”) on July 14, 2011. Subsequent service boundary changes will be made by amendment to the Plan as approved by the Board.

 

  1. OPERATIONAL PROTOCOL

 

Identify existing operations procedures; update and assure their completeness for such things as request for service, pipeline installation procedure, materials allowed, standardization of equipment etc.

 

Note: This activity was reported as completed by WCP on July 14, 2011. Subsequent operational protocol will be changed by amendment to this Plan as approved by the Board.

 

  1. STAFF

 

Determine personnel required to support operations of the District including in-house and outside service requirements. Consider positions such as General Manager, Administration (Accounting), Maintenance/Operations and Engineering.

 

  1. MASTER PLANS

 

Develop master water and sewer plans including mapping, main-line corridors, pump stations, groundwater well source / location etc. (“Master Plan”).

 

Correlate the Districts Master Plan with master plans of Weber County and the State of Utah.

 

  1. INFRASTRUCTURE EXPANSION

Identify probable time frames for utility expansion along with estimated design and installation costs.

 

Develop a new drinking water well.

 

  1. SERVICE AREA EXPANSION

 

In accordance with Paragraph 1 above;

 

  1. Identify potential/real sources of water needed to meet population growth.
  2. Identify required infrastructure upgrades.
  3. Prepare an agreement that can be given to any developer listing all District requirements to use our services and/or facilities.
  4. Develop estimated projected 3 year, 5 year and 10 year financial requirements.

 

  1. BUDGETING

 

Prepare a 3 year, 5 year and 10 year budget including staffing projections. Prepare a time-line of expected and unplanned infrastructure repairs and replacement.

 

Review/update user rate structure for existing and potential expansion customers.

 

Consider assessing a property tax with accompanying decrease in current user fees to District customers.

 

  1. FINANCING

 

The Board will periodically review the current loan financing arrangements and consider options regarding the most cost effective way to finance our debts.

 

  1. COMMUNICATIONS

 

Create a public communications program to keep existing and potential users informed and aware of the District’s status and progress including a website, new release, mailers etc.

 

 

 

Table of Contents

 

Rate Schedule and Applicability 1

Introduction 6

Board of Equalization, Rates & Rebates 6

Applications to Connect to and Use of Infrastructure 6

Separate Connections 6

Stand-By Fees 7

Use without Payment Prohibited 7

Discontinuance of Service 7

Delinquency – Discontinuance of Service 8

Turning on Water after Being Turned off Prohibited 9

Unauthorized Users 9

Period for Visitors 9

Pipes, Lines, Connections and Other Apparatus 9

Faulty Equipment 10

Destruction and Vandalism 10

Fire Hydrants 10

Sprinklers and Watering Systems 11

Water Meters & Boxes 11

Broken Lines and Other Damages 12

Moving or Replacement of Water Lines 12

Extension of Water Mains within District 12

Extension of Water Mains outside the District Boundaries 13

Use of Sewer System Mandatory 13

Regulation and Control of Sewer 14

Backflow Devise Policy 14

Water & Sewer Manholes 15

Department to have Free Access 15

Water  & Sewer Laterals 15

Non-Liability for Damages 16

Scarcity of Water 16

State and Federal Monitoring and Testing 16

Vehicle Use – Company Owned 16

Accounting Procedures 16

Cash Receipts 16

Utah Public Treasurers’ Investment Fund 17

Purchasing Policy 17

Purchasing Procedures 17

Disbursements 17

Gift Card Reporting & Taxes 18

Fixed Assets 18

Long Term Debt 18

Revenues 18

Expenses 18

Record Keeping 18

GRAMA (The Government Records Access and 18

Management Act

 

Budget Procedures 19

Internal Control 19

Internal Collections Control 19

Internal Disbursements 20

Election of Officers 20

Nepotism 21

Conflict of Interest 21


WOLF CREEK WATER AND SEWER IMPROVEMENT DISTRICT

 

RATE SCHEDULE AND APPLICABILITY

 

Wolf Creek Water and Sewer Improvement District is a public utility that provides sewer, culinary and secondary water service to properties within the district boundaries. The district rates are regulated by a Board of Trustees that report to the State of Utah.

 

All charges will be billed to the recorded owner of the property. All property owners will be required to sign a Service Agreement, obtainable at the Wolf Creek Water and Sewer Improvement District office located at 3632 N. Wolf Creek Dr. If an owner chooses to rent his property, the renter will also be required to sign a Service Agreement. If, however, the renter does not pay the total amount due, the recorded owner of the property will be responsible for the charges.

 

The following rates are applicable to Single Dwelling Units, Multi-Family Units, for Commercial purposed as a single business connection and all recorded empty lots.

 

CULINARY WATER RATES:

Base charge per month, including the first 8,000 gallons: $20.00

 

Usage rates per month:

  1. 8,001 gallons to 16,000 gallons: $3.50 per 1,000 gallons;
  2. 16,001 gallons to 24,000 gallons: $5.00 per 1,000 gallons;
  3. 24,001 gallons to 32,000 gallons: $6.00 per 1,000 gallons;
  4. 32,001 gallons to 40,000 gallons: $7.00 per 1,000 gallons;
  5. 40,001 gallons to 48,000 gallons: $8.00 per 1,000 gallons;
  6. 48,001 gallons to 56,000 gallons: $12.00 per 1,000 gallons;
  7. 56,001 gallons to 64,000 gallons: $17.00 per 1,000 gallons;
  8. Over 64,0001 gallons: $22.00 per 1,000 gallons;
  9. Stand-by fee: $10.00 per month
  10. Connection fee: $1,043.00
  11. Impact Fee: $1,457.00

 

Meters are read at the end of each month.

 

Stand-by fees are charged on all recorded lots. Wolf Creek Water & Sewer Improvement District is required by the State of Utah, to have water available for all properties whether it is in use or not. This fee helps maintain the infrastructure and the purchase of water rights to keep the water available for use.

 

All impact fees are charged to cover the costs for source, storage and distribution of water and connection fees are charged to cover the fixed costs of the installation of the meter to the property. On individual lots all Water, Sewer and Irrigation fees are to be paid when building begins, prior to the Can and Will Serve Notice being released.

 

For new developments, the Developer will pay a non-refundable 10% down payment, at the current rate, on each lot in the phase(s) being recorded, of the Connection and Impact Fees in order to receive the Can and Will Serve Letter. The remaining 90% will be paid at the closing of a sale on a lot, or the Developer will have two years from the date of the Can and Will Serve Letter to pay the remaining 90%, whichever comes first. The rate will be paid at the current rate at the time it is paid. A lien or encumbrance will be filed against each lot at the current rate and will change if the rates changes. The lien will continue to accrue interest in the amount of 1.5% per month (18% per year). This will be stipulated in the conditions of sale in the closing documents.

 

IRRIGATION WATER RATES:

(Irrigation water is provided for all exterior landscaping)

Base charge per month, including the first 20,000 gallons: $15.00

 

Usage rates per month:

  1. 20,001 to 40,000 gallons: $1.50 per 1,000 gallons;
  2. 40,001 to 60,000 gallons: $3.00 per 1,000 gallons;
  3. 60,001 to 80,000 gallons: $4.00 per 1,000 gallons;
  4. 80,001 to 100,000 gallons: $6.00 per 1,000 gallons;
  5. 100,001 to 120,000 gallons: $10.00 per 1,000 gallons.
  6. 120,001 to 140,000 gallons: $15.00 per 1,000 gallons
  7. Over 140,000 is $20.00 per 1,000 gallons
  8. Stand-by fee: $15.00 per month
  9. Connection fee: $1023.00
  10. Impact Fee: $6877.00

 

 

Meters are read during the summer month (May – October), the secondary lines are drained and shut off during the winter months. The base rate will be charged during the winter to help purchase the water rights necessary to service the district and to spread the costs over the entire year.

 

Stand-by fees are charged on all recorded lots. Wolf Creek Water & Sewer Improvement District is required by Weber County and the State of Utah, to have water available for all properties whether it is in use or not. The stand-by fee helps maintain the infrastructure and pays for water rights to keep the water available for use.

 

All impact fees are charged to cover the costs for source, storage and distribution of water and connection fees are charged to cover the fixed costs of the installation of the meter to the property. On individual lots all Water, Sewer and Irrigation fees are to be paid when building begins, prior to the Can and Will Serve Notice being released.

 

For new developments, the Developer will pay a non-refundable 10% down payment, at the current rate, on each lot in the phase(s) being recorded, of the Connection and Impact Fees in order to receive the Can and Will Serve Letter. The remaining 90% will be paid at the closing of a sale on a lot, or the Developer will have two years from the date of the Can and Will Serve Letter to pay the remaining 90%, whichever comes first. The rate will be paid at the current rate at the time it is paid. A lien or encumbrance will be filed against each lot at the current rate and will change if the rates changes. The lien will continue to accrue interest in the amount of 1.5% per month (18% per year). This will be stipulated in the conditions of sale in the closing documents.

 

 

SEWER RATES:

RESIDENTIAL:

Monthly Service fee: $55.00

Stand-by fee: $15.00 per month

Connection fee: $915.00

Impact fee: $4085.00

 

COMMERCIAL:

Base charge per month, including the first 8,000 gallons of culinary water: $55.00

Usage rates per month:

8,001 to 16,000 gallons: $110.00

16,001 to 24,000 gallons: $165.00

24,001 to 32,000 gallons: $220.00

32,001 to 40,000 gallons: $275.00

40,001 to 48,000 gallons: $330.00

48,001 to 56,000 gallons: $385.00

56,001 to 64,000 gallons: $440.00

64,001 to 72,000 gallons: $495.00

72,001 to 80,000 gallons: $550.00

It continues to increase $55.00 per 8,000 gallons used

 

The monthly residential service fee is a flat rate charged for the operations and maintenance of the Membrane Bioreactor Sewer Facility (MBR Facility), and to maintain sewer lines and lift stations.

 

Stand-by fees are charged on all recorded lots. Wolf Creek Water & Sewer Improvement District is required Weber County and by the State of Utah, to have sewer services available for all properties whether it is used or not. The stand-by fee helps maintain the infrastructure and pay off the loan for the MBR facility.

 

All impact fees are charged to cover the costs for source, storage and distribution of water and connection fees are charged to cover the fixed costs of maintenance and repairs to the lines to the property. On individual lots all Water, Sewer and Irrigation fees are to be paid when building begins, prior to the Can and Will Serve Notice being released.

 

For new developments, the Developer will pay a non-refundable 10% down payment, at the current rate, on each lot in the phase(s) being recorded, of the Connection and Impact Fees in order to receive the Can and Will Serve Letter. The remaining 90% will be paid at the closing of a sale on a lot, or the Developer will have two years from the date of the Can and Will Serve Letter to pay the remaining 90%, whichever comes first. The rate will be paid at the current rate at the time it is paid. A lien or encumbrance will be filed against each lot at the current rate and will change if the rates changes. The lien will continue to accrue interest in the amount of 1.5% per month (18% per year). This will be stipulated in the conditions of sale in the closing documents.

 

OTHER FEES:

  1. Customer Account Set-Up Fee: $15.00
  2. Return Check Fee of $25.00 for every time a check is returned.
  3. Convenience Fee of 2.75% to process a credit card payment.
  4. Stop Payment Fee of $31.00 if we have to re-issue a check that has been lost or other wise not depositable.
  5. Reconnection fee after disconnection: $100.00
  6. If extenuating circumstances exist and additional man and equipment power is needed to disconnect service, the additional charges will be billed to the customer.
  7. The customer is responsible to keep the meter box accessible for the District. If the meter box is buried for any reason, a notice will be issued giving fourteen days to rectify the matter. If the problem still exists after the fourteenth day, a $100.00 fine will be imposed and the District will uncover the meter box, any man or equipment power that is needed to uncover the meter box will be billed to the customer.
  8. Meter tested on customer request within 12 months of last test: $40.00
  9. Late Fees are 1.5% per month or 18% per annum whichever is greatest to all delinquent accounts including Stand-By Fees.
  10. Stand-By Fees will be charged if services are disconnected either for non-payment or at request of the customer.
  11. A $1,000.00 fine will be imposed if a home is found to be illegally connected to the Sewer System with sump pumps or by any other means. A $200.00 fine will be imposed each day after notification has been given until rectified. If a homeowner reports to the District that his home may have an illegal connection, no penalty will be imposed if the connection is dealt with in a timely manner. (Utah Code 17B-1-905 Right of entry on premises of water user. Authorizes a person authorized by a local district that provides a service from a water system or sewer system may enter upon a premise furnished with or provided that water service or sewer service to: examine an apparatus related to or used by the water system or sewer system; examine the amount of water used or wastewater discharged by the water system or sewer system and the manner of use or discharge; or make a necessary shutoff for vacancy, delinquency, or a violation of the local district rule or regulation relating to the water service or sewer service).
  12. A $1,000.00 fine will be imposed to those found to be illegally connecting to or by-passing the water and secondary meters. A $200.00 fine will be imposed each day after notification has been given until rectified. (Utah Code 17B-1-905 Right of entry on premises of water user. Authorizes a person authorized by a local district that provides a service from a water system or sewer system may enter upon a premise furnished with or provided that water service or sewer service to: examine an apparatus related to or used by the water system or sewer system; examine the amount of water used or wastewater discharged by the water system or sewer system and the manner of use or discharge; or make a necessary shutoff for vacancy, delinquency, or a violation of the local district rule or regulation relating to the water service or sewer service).
  13. If the District is approach by a to developer or other companies to connect to a fire hydrant to use water for items such as hydro seeding or other usage where a permanent meter has not been installed. A $100.00 service fee will be charged to cover the time to install and oversee a temporary hydrant meter and $5.00 per 1000 gallons used be charged.
  14. Fees for testing and inspections on grease traps for grease oil are: Inspection Fee $100.00 and Testing Fee $80.00. Fees for testing and inspection for sand and solids are: Inspection Fee $100.00 and Testing Fee $45.00.

 

All Rates, Fees, Penalties and other charges incidental to the connection to or services provided by the Wolf Creek Water & Sewer Improvement District may be changed from time to time by Resolution enacted by the Board of Trustees after a public hearing is held. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.

 

 

 

WOLF CREEK WATER AND SEWER IMPROVEMENT DISTRICT

 

Wolf Creek Water and Sewer Improvement District (“District”) was created by Weber County as required by the Division of Water Quality for the State of Utah, to administer the operation and maintenance of the water and sewer systems for the Wolf Creek District. Currently the Board of Trustees consists of five elected members that serve a four year term. Positions are selected by vote by the Board of Trustees.

 

Board of Equalization, Rates, and Rebates

The Board of Trustees is hereby constituted a Board of Equalization of Water Rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust. They may or may not, as they see fit, rebate any part of the water bill up to 50% of a request for adjustment.

 

Applications to Connect to and Use of Infrastructure

Individuals, Commercial Companies or Developers preparing to build a structure within the district boundaries must complete an Application for Water and Sewer Connection and Impact Fee and pay the appropriate fees. Weber County will require an individual, commercial company or developer to provide a letter from the District that we “Can and Will Service” this structure or area, prior to issuing a building permit. This form can be obtained at the District Office located at 3632 N. Wolf Creek Dr. Eden, UT 84310. It shall be unlawful for any person to lay, repair, alter or connect to any culinary, secondary or sewer line without first having received a construction permit from Weber County and authorization by the District.

 

Permission to connect with the District water and sewer systems shall not be given unless the plumbing in the house or building to be connected meets the provision of the Building and Plumbing Codes of the State of Utah.

 

A Service Agreement is required by all individuals or commercial companies living, doing business or owning a lot within the district boundaries. This form is an agreement to pay the assessments, fees and fines and any other charges that the district applies to the account. Failure to sign the agreement does not release the owner from his obligation to pay the balance in full. If an owner chooses to rent his property, the renter will also be required to sign a Service Agreement. If however, the renter does not pay the total amount due, the recorded owner of the property will be responsible for the charges. This service agreement can be obtained at the District Office located at 3632 N. Wolf Creek Dr. Eden, UT 84310.

 

Separate Connections

It shall be unlawful for two or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the District and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of a supply of water and sewer through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the District for all water and sewer services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the District to require separate pipes, connections, or meters at a subsequent time.

 

Stand-By Fees

All lot owners in the area served by the Wolf Creek Water and Sewer Improvement District has available a pipe line that will provide drinking water at such time as it will be needed. Most of the lots have a sewer system to which connection for the removal of waste water from a house when it is constructed and a secondary water system for landscape irrigation needs.

 

Wolf Creek Water and Sewer Improvement District is a body politic and public utility under the direction of the State of Utah. On January 27, 2004, upon the recommendation of the Division of Public Utilities of the State of Utah, a new rate called a STAND-BY FEE was implemented into our rate schedule. A $10.00 per month for any lot having drinking water available but is not connected to the system, a STAND-BY FEE of $15.00 per month for any lot having irrigation service available but is not connected to the sewer system and a STAND-BY FEE of $15.00 per month for any lot having the sewer service available for connection.

 

Wolf Creek Water and Sewer Improvement District is required by the State of Utah and Weber County to have the infrastructure, the water rights and the water source for every lot in our service area even if there is no residence/house built on the lot. We have built water storage tanks, installed pipelines and pumps, purchased and continue to lease water rights and have developed water sources to provide water to all approved lots in our service area. We are required to pay thousands of dollars each year to retain these rights and our costs to maintain and operate these systems go on whether or not all potential subscribers have connected to our lines.

 

We have recently completed construction of an entire new state of the art wastewater treatment facility, which we must maintain and operate and which must be ready to receive wastewater from your property when you are ready to connect to the system.

 

Use Without Payment Prohibited

It shall be unlawful for any person by himself, family, servants, or agents to utilize the water or sewer system without paying therefore, as herein provided or, without authority, to open any fire hydrant, stopcock, valve, or other fixtures attached to the system of water supply or sewer lines unless it is done pursuant to proper application, agreement or Resolution. It shall be unlawful to injure, deface, or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system.

 

Discontinuance of Service

If a customer is moving and desires to discontinue service, they shall notify the District in writing of such fact at least ten days before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water and sewer bills incurred after the date specified in the notice. The new recorded owner of the premises will be charged a $15.00 accounts set-up fee and will be billed all future billings.

 

If a renter moves out and has paid all monthly assessments, the monthly billings will revert to the owner of the property. If however, the renter does not pay the total amount due, the recorded owner of the property will be responsible for the charges. The District will make every effort to collect the debt prior to the renter moving out, but ultimately the owner of the premises will bear the responsibility for payment. If the owner refuses to pay, the water will be disconnected and a $100.00 reconnect fee will be charged, and stand-by fees will be charged. If the water is disconnected, it will only be reconnected after payment is received in full and during normal business hours Monday through Friday.

Late Fees are 1.5% per month or 18% per annum whichever is greatest to all delinquent accounts including Stand-By Fees.

 

If a customer is going to be away from the premises for an extended length of time, they may submit a request in writing to have the water turned off. They will be required to pay the $100.00 reconnect fee, and stand-by fees will be charged.

 

At no time will there be nothing charged to an existing home or an empty lot. If regular service fees are not charged, stand-by fees will apply.

 

Delinquency – Discontinuance of Service

The District shall furnish to each user, by mail, a written or printed statement stating thereon the amount of water service assessed against said user once each month or at such other regular interval as the Board of Trustees shall direct.

 

The statement shall specify the amount of the bill for the water and sewer service, the place of payment and date due. If any person fails to pay the water and sewer charges within 40 days of the date due, the District shall give the customer notice in writing a reminder of the payment. If any person fails to pay the water and sewer charges within 50 days of the due date, the District shall give the customer notice of intent to discontinue the service to the customer unless the customer pays the bill in full within 10 days from the date of notice. If payment in full is not received the water will be disconnected. If the water is disconnected, it will only be reconnected after payment is received in full and during normal business hours Monday through Friday.

 

Late Fees are 1.5% per month or 18% per annum whichever is greatest to all delinquent accounts including Stand-By Fees.

 

If the water service is thereafter discontinued for failure to make payment, a reconnect fee of $100.00 will be added to the delinquent balance due. If the water is disconnected, it will only be reconnected after payment is received in full and during normal business hours Monday through Friday. If extenuating circumstances exist and additional man and equipment power is needed to disconnect service, the additional charges will be billed to the customer. Before the water and sewer service to the premises shall again be provided, all delinquent water and sewer charges must have been paid to the District or arrangements made for their payment in a manner satisfactory to the District. The District has the right to refer the balance due to the Weber County Tax Assessor. The balance will be assessed as Direct Charges on the property tax. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to file a new application and make a three month base services deposit to be held until the District deems the customer has shown that he is responsible and can make payments in a timely manner. At that time the deposit will be applied to the customer account. No refund will be issued. The Budget Officer is hereby authorized and empowered to enforce the payment of all delinquent water and sewer charges by any action at law in the name of the District.

 

If the Stand-By Fees on an empty lot are not kept current, a reminder letter is sent 45 days of the date due. The District has the right to refer the balance due to the Weber County Tax Assessor. The balance will be assessed as Direct Charges on the property tax. The District has the right to refer the violator to the Legal Counsel, and may recover reasonable attorney’s fees, court costs and other expenses of litigation by appropriate legal action against the person found to have violated any provision herein, or any other rules, regulations, permits, or agreement issued herein. Such other action as appropriate for legal and/or equitable relief may also be sought by the District. A petition for injunctive relief need not be filed as prerequisite to taking any other action against the user.

 

Turning on Water after Being Turned off Prohibited

It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules regulations, or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the District. A $500.00 fine will be imposed to those found to be illegally by-passing the water and secondary meters. A $100.00 fine will be imposed each day after notification has been given until rectified, and water will be locked off for any person violating this provision.

 

Unauthorized Users

It shall be unlawful for any water and sewer service user to permit any person from other premises or any unauthorized person to use or obtain water and sewer services regularly from his premises or water facilities, either outside or inside his premises.

 

Period for Visitors

Individuals visiting the premises of an authorized user in a recreational vehicles including mobile homes and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed seven days. Continued use thereafter shall be deemed unauthorized and violates the provisions relating to separate connections and unauthorized use.

 

Discharging of recreational vehicle or mobile home clean-out valves into the sewer system is prohibited. There are designated facilities for sewage removal; these facilities have specified procedures to handle the raw materials and chemicals used in these vehicles.

 

Pipes, Lines Connections and Other Apparatus to Be Kept in Good Repair

All users of water and sewer services shall keep their service pipes, lines, connections and other apparatus that are located on the premises of the user, in good repair and protected from grease, frost and all other damages at their own expense. No person except under the direction of the District shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.

 

  • Grease Interceptors:

Grease, Oil, and sand interceptors shall be provided by the owner of the building when, in the opinion of the General Manager or the designated representative of the District. They are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the General Manager or the designated representative of the District, and shall be located as to be readily accessible for cleaning by the user and submitted to the District having jurisdiction for review and approval prior to installation. After installation, the user must request inspection from the District.

 

Fees for testing and inspections on grease traps for grease oil are: Inspection Fee $100.00 and Testing Fee $80.00. Fees for testing and inspection for sand and solids are: Inspection Fee $100.00 and Testing Fee $45.00.

  • Construction Standards:

Sizing criteria in the UPC will be used when the minimum approved size interceptor on file at the District will not adequately service a commercial or industrial establishment. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, and equipped with easily removable covers which, when bolted in place, shall be gas tight and water tight. A grease interceptor shall be installed outside of the establishment which it serves. Access to a grease interceptor shall be accessible at all times.

 

Faulty Equipment

It shall be unlawful for any water user to:

  • Waste water
  • Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow
  • Wastefully run water from hydrants, faucets, or stops or through basins, water closets, urinals, sinks or other apparatus
  • Use the water for purposes other than for those for which he has applied, or to use water in violation of the rules and regulations for controlling the water supply.

 

Destruction and Vandalism

No person, family member, guest or agent shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the Water and Sewer Systems. Any person found in violation of this requirement shall be subject to the sanctions herewith:

  • Whenever the District finds that any user has violated or is violating this regulation, the District will serve the person a written Notice of Violation. The notice will include an explanation of the violation and a specific plan of action for the satisfactory correction the violation. It will specify the date, time and place for a hearing with the Board of Trustees. It will state the proposed enforcement action and fines that may be given as a result of the violations. Nothing in this section shall limit the authority of Wolf Creek Water and Sewer Improvement District to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
  • If the violator does not appear as ordered by the Notice, the District will take such appropriate remedial or preventive action as may be needed to properly address the violation, including halting services, charging the appropriate fines.
  • The District has the right to refer the violator to the Local Authorities, and may recover reasonable attorney’s fees, court costs and other expenses of litigation by appropriate legal action against the person found to have violated any provision herein, or any other rules, regulations, permits, or agreement issued herein. Such other action as appropriate for legal and/or equitable relief may also be sought by the District. A petition for injunctive relief need not be filed as prerequisite to taking any other action against the user.

 

Fire Hydrants

Water for fire hydrants will be furnished free of charge by the District. Installation shall be by the developer at his expense. Repairs on such hydrants shall be at the expense of the District and shall be made under the direction of the District. All customers shall grant the District, upon demand, a right-of-way or easement to install and maintain such hydrants on their premises if the District concludes that hydrants shall be so installed for the protection of the residents of the District.

 

If the District is approach by a to developer or other companies to connect to a fire hydrant to use water for items such as hydro seeding or other usage where a permanent meter has not been installed. A $100.00 service fee will be charged to cover the time to install and oversee a temporary hydrant meter and $10.00 per 1000 gallons used be charged.

 

Sprinklers and Watering Systems

It shall be unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the Board of Trustees materially affect the pressure or supply of water in the district water system or any part thereof, and the Board of Trustees may from time to time, by Resolution, specify combinations or numbers of outlets which may have such effect.

No user shall be permitted to conduct water pipes or hoses across lots or buildings to adjoining premises without permission from the District. The District is required to maintain enough water for every unit in the district. Flagrant use of water is prohibited and is in violation of the rules and regulation for controlling the water supply.

 

The Board of Trustees shall after determining that such improper use exists, notify the water user in writing, order such use discontinued and advise that such continued usage constitutes a violation, and the deliberate failure to abide with these rules and regulations will result in the termination of the right of the individual to use culinary and secondary water. The notice shall inform him of the time and place of the next regular Board Meeting and of the charges which lead to the consideration of the termination.

 

The water user shall have the opportunity to appear with or without counsel and present his reason why his water service should not be discontinued. The Board of Trustees will then make a determination. If the determination is to discontinue the wasteful water user’s service connection, it shall notify him of the decision and of the period during which the service will remain discontinued.

 

Water Meters & Boxes

Meters for culinary and secondary water will be furnished by the District upon application for connection, and upon payment of such connection fees and other costs as may be established by the District from time to time by Resolution.

 

Meters shall be deemed to be and remain the property of the District. The culinary meters will be read year round at the end of each month The irrigation meters will be read during the summer months (May – October), and the base rate will be charged during the winter months to help purchase the water rights necessary to service the district. The secondary lines are drained and shut off during the winter months.

The customer is responsible to keep the meter box accessible for the district. If the meter box is buried for any reason, a notice will be issued giving fourteen days to rectify the matter. If the problem still exists after the fourteenth day, a $100.00 fine will be imposed and the District will uncover the meter box, any man or equipment power that is needed to uncover the meter box will be billed to the customer.

 

Meters may be checked, inspected or adjusted at the discretion of the District, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the District unless special permission is given by the District through its representatives to the customer to do so.

 

If a customer submits a written request to the District to test his water meter, the District may, if under the circumstances it deems it advisable and at its discretion, order a test of the meter measuring the water delivered to such customer. If such request is made within twelve months after the date of the last previous test, a $40.00 fee to the customer will be required to cover the cost of such test. If the meter is found in such test to record from 97% to 103% of accuracy under methods of testing satisfactory to the Board of Trustees, the meter shall be deemed to accurately measure the use of water.

 

If the District’s meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned. In the event a meter is found to be recording less than 97% or more than 103% of accuracy, the District shall make such adjustment in the customer’s previous bills as are just and fair under the circumstances.

 

Broken Lines and Other Damages

If a leak or other damage is found to be in the secondary or culinary lines of the customer and an extraordinary amount of water has been used and charged on the following billing cycle. The customer can at that time attend the following monthly District meeting, and apply for a reduction in the billing. The Board, at its discretion, may or may not give consideration up to 50%, to the customer.

 

All damages or injury to the lines, meters or other materials of the District on or near the customer’s premises caused by any act or neglect of the customer shall in the discretion of the District be repaired by and at the expense of the customer. The customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the District through its efforts to repair the damage to the lines, meters or to other equipment of the District or collect such costs from the customer.

 

Moving or Replacement of Water Lines

In the event that the District in its sole discretion determines that any water or sewer line of the District must be moved or replaced, the District shall bear that portion of the cost of such move or replacement which applies to main lines up to the property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to his property line shall be borne by the customer.

 

Extension of Water Mains within the District

Any person or persons, including any subdividers or developer who desires to have the water mains extended within the District, and is willing to bear the whole expense of such extension, may make application to the Board of Trustees by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to bear the whole expense thereof, with a certified statement showing the whole cost or expense of making such extension. The statement of cost shall be verified by the District. The Board of Trustees may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the District. If the Board of Trustees grants the petition, the amount of the cost of making the extension, as certified by the District, shall be deposited with District or Weber County before any work shall be done on such extension. The deposit shall be made within 30 days, or such other time as the Board of Trustees shall indicate, after the granting thereof.

At the time the Board of Trustees decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.

In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water and sewer service, the deposit may be forfeited and then transferred to the Water and Sewer Operating Fund.

Any such extension shall be deemed the property of the District.

 

Extension of Water Mains outside the District Boundaries

Any person or persons, including any subdividers or developer who desires to have the water mains extended outside the District boundaries, and is willing to bear the whole expense of such extension, may make application to the Board of Trustees by petition. The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to bear the whole expense thereof, with a certified statement showing the whole cost or expense of making such extension. The statement of cost shall be verified by the District. The Board of Trustees may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the District. If the Board of Trustees grants the petition, the amount of the cost of making the extension, as certified by the District, shall be deposited with District or Weber County before any work shall be done on such extension. The deposit shall be made within 30 days, or such other time as the Board of Trustees shall indicate, after the granting thereof.

At the time the Board of Trustees decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.

In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water and sewer service, the deposit may be forfeited and then transferred to the Water and Sewer Operating Fund.

Any such extension shall be deemed the property of the District.

 

Use of Sewer System Mandatory

It shall be unlawful for the owner or other person having charge of or occupying any real property, with any building used for human occupancy within the District boundaries to use, or to permit to be used, any privy vault, septic tank or cesspool connection with such building. Some buildings that were established prior to the infrastructure being set in place, with District approval, have been exempt from connecting to the sewer system.

 

Regulation and Control of Sewer

It shall be unlawful for any person to injure, break or remove any part of portion of any sewer appliance or appurtenance, or to discharge into a sewer any inflammable gas, gasoline or oil, any calcium carbide or residue there from, or any liquid or other materials or substance which will emit an inflammable gas when in contact with water, sewage or fire. Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with the sewer.

 

The contents of water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores, or warehouses containing inflammable substances, car barns, buildings for the stabling or keeping of horses, cows and other animals and all similar establishments shall not be disposed of through connection with the sewer system.

 

It shall be unlawful for any person to empty or discharge into the public sanitary sewer system any garbage, refuse or other similar matter or substance likely to obstruct the sewer, or any substance, solid or liquid, other than the waste products for which the sewer is provided.

 

It shall be unlawful for any person to connect with a public sanitary sewer any drain or pipe which discharges rain water, cellar or surface water, acids, alkalies, lye or other injurious liquids, or the contents of any spring, flowing well, creek, ditch, or other water courses. No sump pumps shall be connected to the sewer. A $1,000.00 fine will be imposed if a home is found to be illegally connected to the Sewer System with sump pumps or by any other means. A $200.00 fine will be imposed each day after notification has been given until rectified. If a homeowner reports to the District that his home may have an illegal connection, no penalty will be imposed if the connection is dealt with in a timely manner.

 

Backflow Preventers

Every new service installation must be provided with a backflow preventer located inside the building near the service entrance, easily accessible and protected from freezing.

 

In accordance with the Weber County Planning Code, Section 715:

Where the flood level rims of plumbing fixtures are below the elevation of the manhole cover of the next upstream manhole in the public sewer, such fixtures shall be protected by a backwater (backflow) valve installed in the building drain, branch of the building drain or horizontal branch serving such fixtures. Plumbing fixtures having flood level rims above the elevation of the manhole cover of the next upstream manhole in the public sewer shall not discharge through a backwater valve.”

 

The Wolf Creek Water and Sewer Improvement District policy states:

 

WOLF CREEK WATER AND SEWER IMPROVEMENT DISTRICT

 

CROSS CONNECTION CONTROL POLICY

 

A policy relating to “cross connection control and backflow-prevention control” at the

 

PART I:

CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION

 

  • It shall be against Wolf Creek Water and Sewer Improvement District policy, at any connection supplied with water from the Wolf Creek Water and Sewer Improvement District distribution system, to do any of the following:
  • To install or use any physical connection or arrangement of piping or fixtures, which may allow any fluid or substances unsuitable for human consumption to enter the potable water distribution system, as required by Section 608.1 through 608.5 of the International Plumbing Code.
  • To install any connection, arrangement, or fixtures without a Backflow Prevention Device or Assembly unless approved otherwise by Wolf Creek Water and Sewer Improvement District.
  • To incorrectly install any Backflow Prevention Device or Assembly required by Section 608.6 and 608.1 of the International Plumbing Code.

 

  • Any person found in violation of this policy shall be subject to fines or other appropriate disciplinary action as determined by Wolf Creek Water and Sewer Improvement District.

 

  • Administration of this policy shall be referenced by “Cross Connection Control Program of Utah, November 2010 (Guidelines-Reference).

 

  • Backflow prevention assemblies required by this policy will be required to be tested at least annually. The Wolf Creek Water and Sewer Improvement District shall maintain a Backflow Assembly Information sheet on all such devices and test results shall be maintained for a period of no less than five (5) years.

 

The District shall not be liable for any damage to a building or property due to the backflow of sewage by reason of improper installation of a backflow devise. This section shall not be construed to extend the liability of the District beyond that provided in the Governmental Immunity Act.

 

Water and Sewer Manholes

It shall be unlawful for any person to open any sewer manhole without permission from the District.

 

Department to Have Free Access

Utah Code 17B-1-905 Right of entry on premises of water user. Provides that a person authorized by a local district that provides a service from a water system or sewer system may enter upon a premise furnished with or provided that water service or sewer service to: examine an apparatus related to or used by the water system or sewer system; examine the amount of water used or wastewater discharged by the water system or sewer system and the manner of use or discharge; or make a necessary shutoff for vacancy, delinquency, or a violation of the local district rule or regulation relating to the water service or sewer service.

 

Water and Sewer Laterals

A sewer lateral is the underground pipe that connects a residence or business to the sewer line. The lateral sewer line is the responsibility of the homeowner or business owners for repairs. These lines can be clogged by object such as grease or disposable diapers flushed down a toilet, disposable wipes and most common are tree roots that push through the side of a lateral.

 

Non-liability for Damages

The District shall not be liable for any damage to a water or sewer service by reason of stoppage or interruption of his water or sewer supply service caused by fires, scarcity of water, natural accidents to the water or sewer system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the District beyond that provided in the Governmental Immunity Act.

 

Scarcity of Water

In time of scarcity of water, whenever it shall in the judgment of the Board of Trustees be necessary, the Board of Trustees shall by proclamation limit the use of water to such extent as may be necessary. It shall be unlawful for any person, to violate any proclamation made by the Board of Trustees in pursuance of this part.

 

State and Federal Monitoring and Testing

These policies set forth uniform requirements of the District, to comply with all applicable State and Federal Laws, including the Clean Water Act (33 United States Code §1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations part 403). The objectives of the ordinances are:

 

  1. To prevent the introduction of pollutants into the District’s systems that will interfere with its operation;
  2. To prevent the introduction of pollutants into the District’s system causing inadequately treated wastewater to pass through the system and back into the environment;
  3. To protect the personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
  4. To promote reuse and recycling of wastewater from the MBR Facility;
  5. To enable the District to comply with its permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the District is subject.

 

These policies authorize the issuance of wastewater discharge permits, provide for monitoring, sample collection, compliance, and enforcement activities and required reporting to State and Local authorities.

 

Vehicle Use – Company Owned

Company owned vehicles are not to be used for personal use.  They should be left in the District designated parking areas, and should not be used to commute to and from work, in accordance with IRS publication 15-B, page 23.

 

Accounting Procedures

The District’s accounting is done as an Enterprise Fund because it collects fees from service recipients. The Utah Uniform Fiscal Procedures for Special Districts Act defines an Enterprise Fund as a Proprietary Fund. The accrual basis of accounting is followed for this District.

 

Cash Receipts

Cash consists of a checking account and a savings account that is broken into specific reserve accounts that are required by the Districts bank. Deposits are made within every three days by the Budget Officer or other persons designated by the Board of Trustees.

The Board of Trustees oversees and designates the persons responsible for receipting money and the persons responsible for billing and maintaining accounts receivables and other accounting records.

 

Utah Public Treasurer’s Investment Fund (PTIF)

The District deposits  funds for reserves into the Public Treasurer Investment Fund (PTIF) this fund is overseen by the State of Utah. These reserves are set up to make the bond payment each year and to have emergency funds available if needed. The State of Utah’s PTIF account is secure, charges less in fees than a Bank, has less restrictions than a Bank and can be access at any time through an the on-line process.

 

Purchasing Policy

The underlying purpose of this policy is to ensure fair and equitable treatment of all persons who wish to, or do conduct business with the District. It is established to safeguard against bias or conflicts of interest. It will provide for the greatest possible economy in District procurement activities and to foster effective broad-based competition so that the District will receive the best possible service or product at the lowest possible price.

 

The Board of Trustee will authorize purchasing agents to make routine purchases necessary for the District. The Budget Officer is authorized to purchase such items as office supplies and materials. Other authorized purchasing agents may not have accounting or bookkeeping responsibilities or have access to the accounting records. All expenditures made will be reviewed by the Board of Trustee at each monthly meeting.

 

Purchasing Procedures

Purchases up to $10,000 – The purchasing agent may select the best source without seeking competitive quotes, the Board of Trustees will give final approval.

Purchases from $10,001 to $20,000 – The purchasing agent will obtain two verbal quotes and the Board of Trustees will review the bids and give final approval. .

Purchases from $20,001 to $50,000 – The purchasing agent will obtain three written quotes and the Board of Trustees will review the bids and give final approval.

Purchases greater than $50,000 – The purchasing agent may contact potential vendors seeking requests for proposals; however, a request for proposals will also be publicly advertised and subject to competitive sealed bidding. Certain Professional Companies have institutional knowledge in regards to the District’s operation and receiving comparable proposals for certain projects is not fair to all companies bidding. When a project is presented and a professional company with the institutional knowledge presents a proposal and no other companies participate, as long as the professional company has the qualifications to complete the project and the bid is within acceptable monetary limits. The District has done its due diligence by putting the project out to bid and can accept the bid.

 

Disbursements

All expenditures made will be reviewed by the Board of Trustee at each monthly meeting.

The Budget Officer is authorized to transfer funds between the accounts as needed to cover operating expenses.

Payable checks are issued on the 10th and 25th of each month. If those days fall on a weekend day, they will be issued on the following Monday. Checks are signed by the Chairman, or other persons designated by the Board of Trustees.  Checks in the amount of $5,000.00 or more require two signatures that have been approved by the Board of Trustees.

Gift Cards

The District does not issue Gift Cards as incentives or for any other means of payment.  If however, in the future a gift cards is distributed as an incentive or any other type of payment, it will be reported as compensation and will be taxed as income through Federal and State taxing authorities, for the individual receiving the card.

 

Fixed Assets

All assets are reported on the Statement of Net Assets under Capital Assets.

The District reports the sum of all depreciation for buildings, improvements other the buildings, and equipment of the Enterprise Fund on the Statement of Net Assets.

Long Term Debt

The District reports all Long Term Debt on the Statement of Net Assets under Long Term Liabilities.

 

Revenues

The District reports revenue on an accrual basis of accounting. Revenue is reported in three different categories:

  1. Charges for Services
  2. Connection Fees & Impact Fees
  3. Miscellaneous

Expenses

The District reports expenses on an accrual basis of accounting. Expenses are recognized when incurred.

 

Record Keeping

The financial records are maintained to identify the nature and source of all revenues and expenditures and segregate them into the appropriate accounts.

 

Records are maintained of all amounts owed to the District, such as customer utility charges, and of all assets owned by the District such as equipment, property, water resources, and lines. Records of bonds or other debts owned by the District are maintained.

 

Bank statements are reconciled monthly by a member of the Board of Trustees and financial statements are approved at each monthly Board of Trustees meeting.

 

GRAMA (The Government Records Access and Management Act)

 

Wolf Creek Water and Sewer Improvement District does and will comply with all Federal and State Laws regarding the GRAMA Act. That was designed to protect both the privacy of an individual and create transparency in government entities. Upon a written request, including the person’s name, address, daytime phone number and a description that identifies the requested information with reasonable specificity. The District will provide the requested information to those authorized by law to receive the requested information within the legal time limits stated by the law. The District will not release information that is private, controlled, or protected pursuant to court rule or state and federal statutes and regulations. A subpoena is NOT a GRAMA request. If the information contains both information that the requester is entitled to and information that the requester is not entitled to, the District will redact the restricted information with the record. The GRAMA Act states that a governmental entity may charge a reasonable fee to cover the actual cost of providing a requested record. If the information request is denied either in whole or in part, the District will provide a written notice of denial within five (5) business days, or twelve (12) days if an issue of confidentiality exits. However, the time period may be extended by agreement of all parties. The requester has the right to appeal this decision to the Board of Trustees within thirty (30) days of denial. If the Board of Trustees denies the request the requester can then choose to take the appeal to the State Records Committee or the local judicial district court.

 

Budget Procedure

The Budget Officer prepares a tentative budget for the Board of Trustees to review at its first meeting in November. At the first meeting in November the Board of Trustees approves a tentative budget and sets a budget hearing date. During November or December, but at least seven days before the hearing date, public notice is given of the hearing. The tentative budget is available to the public for seven days before the final adoption of the budget. In December the hearing is held and the Board of Trustees formally adopts the budget. One original of the final budget is submitted to the State Auditor within 30 days and another original is keep at the District’s office for district use and public inspection.

 

In the event that the approved budget needs to be amended to either move budgeted expenditures from one budgeted line item to another or to increase expenditures, the Board of Trustees may do so by Resolution at any regular or special Board of Trustees meeting without a public hearing.

 

Internal Control

The following procedures are followed by all Trustees and those appointed by the Board of Trustees to carry out certain tasks:

  1. No blank checks are ever to be signed.
  2. The duties of receiving revenue, paying expenses are done by the Budget Office.Checks are signed by the General Manager or an authorized member of the Board, any check over $5,000.00 requires two signature.  However all expenses are reviewed monthly and approved by  the Board of Trustees.
  3. Bank Reconciliation is done by a member of the Board of Trustees.
  4. Financial Statements are reviewed and approved monthly by the Board of Trustees.
  5. A Trustee or someone appointed by the Board of Trustees physically inspects other assets to be sure that they have not been lost or stolen and are in good condition.
  6. A yearly audit is performed by an outside CPA firm.

 

Internal Collections Control

Customers currently can make payments online by going to www.wcwsid.com and clinking on the online payment button, by phone using a personal debit or credit card, set up a reoccurring automatic payment from their personal debit or credit card, send payment through the mail, or use the drop box located at the local market and outside the District Office located at 3632 N. Wolf Creek Dr., Eden, UT 84310. Drop boxes are picked up every other day excluding weekends and holidays.

 

Internal Disbursements Control

  1. Invoices for operating expenses are received and reviewed by the Budget Officer or someone appointed by the Board of Trustees.
  2. Invoice for Asset purchases are reviewed and approved at the monthly meeting by the Board of Trustees.
  3. Once invoices are approved the Budget Officer or someone appointed by the Board of Trustees writes the check.
  4. Checks are then signed by the Chairman or someone appointed by the Board of Trustees to sign checks. Checks over $5,000.00 require two signatures.

 

Election of Officers

On or before February 1st of each municipal election year, the Board of Trustees of the District shall prepare and transmit to the Clerk of each county in which any part of the District is located a written notice that:

 

  1. Designates the offices to be filled at the year’s municipal general election; and
  2. Identifies the dates for filing a declaration of candidacy for those offices.

 

Each election of the District Board of Trustees shall be held in conjunction with the municipal general election.

 

The Clerk of the District with a Board of Trustee position to be filled at the next municipal general election shall provide notice of:

 

  1. Each elective position of the District to be filled at the next municipal general election;
  2. The constitutional and statutory qualifications for each position; and
  3. The dates and times for filing a declaration of candidacy.

 

The notice required shall be:

 

  1. Posted in at least five public places within the District at least ten days before the first day for filing a declaration of candidacy; or
  2. Published in a newspaper of general circulation within the District at least three but no more than ten days before the first day for filing a declaration of candidacy.

 

To become a candidate for the District, the prospective candidate shall file a declaration of candidacy in person with the local District, during the office hours and not later than 5 p.m. between June 1st and June 7th of any odd-numbered year. When June 7th is a Saturday or Sunday, the filing time shall be extended until 5 p.m. on the following Monday.

 

Before the Filing Officer may accept any declaration of candidacy, the Filing Officer shall:

 

  1. Read to the prospective candidate the constitutional and statutory qualification requirements for the office that the candidate is seeking; and
  2. Require the candidate to state whether or not the candidate meets those requirements.

 

A person elected to serve as a Board of Trustee of the District shall serve a four-year term, beginning January 1st after the election. This person shall be sworn in as soon as practical after January 1st.

 

No elected or appointed member of the Board of Trustees of the District may, while serving as a Trustee, be employed by the District whether as an employee or under a contract. No person employed by the District, whether as an employee or under a contract, may serve on the Board of Trustees of the District.

 

Hiring of Relatives and Friends (Nepotism Policy)

 

Wolf Creek Water and Sewer Improvement District permits the employment of qualified relatives of employees of the employee’s household or immediate family as long as such employment does not, in the opinion of the District, create actual conflicts of interest. For purposes of this policy, “immediate family” is defined as a spouse, child, parent, sibling, grandparent, grandchild, aunt, uncle, first cousin, corresponding in-law, “step” relation or any member of the employee’s household. The District will use sound judgment in the placement of related employees in accordance with the following guidelines:

 

  • Individuals who are related by blood, marriage, or reside in the same household are permitted to work in the same department, provided no direct reporting or supervisor to subordinate relationship exists. That is, no employee is permitted to work within ” the chain of command” when one relative’s work responsibilities, salary, hours, career progress, benefits or other terms and conditions of employment could be influenced by the other relative.
  • Related employees may have no influence over the wages, hours, benefits, career progress and other terms and conditions of the other related staff members.
  • Employees who marry while employed, or become part of the same household are treated in accordance with these guidelines. That is, if in the opinion of the District, a conflict arises as a result of the relationship, one of the employees may be transferred at the earliest practicable time.

Any exceptions to this policy must be approved by the General Manager or the Board of Trustees.

 

CONFLICT OF INTEREST POLICY

 

The following Conflict of Interest Policy is hereby adopted by the unanimous written consent of the Board of Trustees of Wolf Creek Water and Sewer Improvement District (“District”), as of the 16th day of June, 2015.

Article I

Purpose

 

The purpose of the conflict of interest policy is to protect the District’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or trustee of the District or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to non-profit organizations.

 

Article II

Purpose

 

  1. Interested Person. Any trustee, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.

 

  1. Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment or family:

 

  1. An ownership or investment interest in any entity with which the District has a transaction or arrangement;

 

  1. A compensation arrangement with the District or with any entity or individual with which the District has a transaction or arrangement; or

 

 

  1. A potential ownership or investment interest in, or compensation arrangement with any entity or individual with which the District is negotiating a transaction or arrangement.
  2. Governing Board. The governing board of the District is the Board of Trustees.

 

A financial interest is not necessarily a conflict of interest, Under Article III, Section 2 hereof, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

 

Article III

Procedures

 

  1. Duty to Disclose. In connection with any actual or possible conflict of interest, and interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the Trustees and members of committees with governing board delegated powers considering the proposed transaction or arrangement.

 

  1. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining Trustee or committee members shall decide if a conflict of interest exists as set forth in Article III, Section 3 below.

 

  1. Procedures of Addressing the Conflict of Interest.

 

  1. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.

 

  1. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.

 

  1. After exercising due diligence, the governing board or committee shall determine whether the District can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
  2. If a more advantageous transaction or arrangement is not reasonable possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested trustees whether the transaction or arrangement is in the District’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.

 

  1. Violations of the Conflict of Interest Policy.

 

  1. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.

 

  1. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

 

Article IV

Records of Proceedings

 

The minutes of the governing board and all committees with board delegated powers shall contain:

 

  1. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.

 

  1. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

 

 

Article V

Compensation

 

  1. A voting member of the governing board who receives compensation, directly or indirectly, from the District for services is precluded from voting on matters pertaining to that member’s compensation, with the exception of normal stipendiary compensation.

 

  1. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the District for services is precluded from voting on matters pertaining to that member’s compensation.

 

  1. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the District, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

 

Article VI

Annual Statements

 

Each trustee, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:

 

  1. Has received a copy of the conflict of interest policy;
  2. Has read and understands the policy;
  3. Has agreed to comply with the policy.

 

Article VII

Periodic Reviews

 

To ensure the District operates in a manner consistent with non-profit purposes and does not engage in activities that could jeopardize its non-profit status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:

 

  1. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the results of arm’s length bargaining, and

 

  1. Whether partnerships, joint ventures, and arrangements with management organizations conform to the District’s written policies, and are properly recorded, reflect reasonable investment or payments for goods and services, further the District will only engage in arrangements that do not result in inurement, impermissible private benefit or in an excess benefit transaction.

 

Article VIII

Use of Outside Experts

 

When conducting the periodic reviews as provided for in Article VII, the District may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.

 

IN WITNESS WHEREOF, the trustees of the District hereby execute this Conflict of Interest Policy as of the date first set forth above.

 

 

BOARD OF TRUSTEE’S