CHAPTER 1
PUBLIC
WORKS COMMISSION
| Subchapter |
Section
|
| I.
General Provisions |
1
|
| II.
Bylaws |
101
|
| III.
Rules and Regulations |
201
|
| IV.
Plan of Operation |
301
|
| V.
Policies |
401
|
Historical and Statutory Notes
The Preamble of Band Statute 1233-MLC-20 provides:
"It
is enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians
to adopt the following provisions as Chapter 20-Public Works Commission
Act to revise, restate and replace the former Chapter 20, 1010-MLC-20,
which is hereby repealed."
Band
Statute 1233-MLC-20, T.I., § 11 provides:
"Section
11. Severability. If any provision of this Chapter or its application
to any person or set of circumstances is held invalid, the remainder
of the Chapter or its application to other persons or circumstances
shall not be affected."
SUBCHAPTER
I
GENERAL PROVISIONS
Section
1. Charter.
2. Board of Supervisors.
3. Regulation and maintenance of utilities.
4. Construction and operation of utilities.
5. Licenses and permits.
6. Bylaws.
7. Public Works Association.
8. Rates, charges and fees.
9. Failure to submit payment.
10. Employees.
11. Service contracts.
12. Obligations.
13. Vesting of property upon dissolution.
14. Uniform system of records and accounting.
15. Administrative regulations.
16. Meetings.
Cross
References
Solid waste,
responsibility of Commission, see 11
MLBSA § 1017.
§ 1. Charter
(a)
A commission to be known as the Mille Lacs Band of Chippewa Indians-Public
Works Commission is hereby chartered under the Executive Branch of
Band Government with the powers listed in this chapter expressly delegated
by the Band Assembly. The Commission shall be within the subject matter
jurisdiction of the Assistant Commissioner of Administration.
(b)
The Commission shall be a body politic which is an instrumentality
of the Mille Lacs Band of Chippewa Indians with the right to initiate,
and defend the Commission in, any legal action before any court of
competent jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., §§ 1, 2.
§ 2. Board of Supervisors
(a)
The governing body of the Public Works Commission shall be a five
member Board of Supervisors, with each member having the title of
Supervisor and one vote at regular and special meetings. The Board
shall ensure accurate record keeping of all meetings and all transcripts
thereof. Such records shall be prima facie evidence of the facts therein
stated.
(b)
The Public Works Administrator shall be the Chair of the Board of
Supervisors and ensure the lawful operation of the Commission. The
Director of Operations for Public Works shall also be a member of
the Board. The Chief Executive shall nominate three individuals from
the Band membership as Supervisors who shall be confirmed by the Band
Assembly. The terms of office shall be perpetual.
(c)
Any Supervisor may be removed from office for just cause as determined
by 4 MLBSA § 15(g).
(d)
In exercising any powers granted in this chapter, no Supervisor shall
be immune from any liability which arises from the willful, knowledgeable
and unacceptable performance of their duties.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, TI, §§ 1.01 to 1.03, 2.
Cross
References
Appointment and terms of Board, Bylaws, see 13 MLBSA
§ 107.
Removal from office, Bylaws, see 13 MLBSA § 112.
Vacancy in office of Chair, see 13 MLBSA § 114.
§ 3. Regulation and maintenance of utilities
The Public Works Commission shall have the power to regulate and maintain
Band-owned and operated utilities. The Commission shall have jurisdiction
over any and all matters pertaining to such utilities.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.
Cross
References
Bylaws, management of Commission business and affairs, see 13
MLBSA § 106.
§ 4. Construction and operation of utilities
The Commission shall have the power, subject to Band Assembly approval,
to construct, own and operate facilities for the provision of utility
services. This authority includes the power to enter into any and all
related contracts and agreements.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.01.
§ 5. Licenses and permits
The Commission shall have the power to issue licenses and permits in
connection with the operation and maintenance of utility facilities
and to establish fees for such licenses or permits. The issuance of
a license or permit by the Public Works Commission does not exempt any
person or vendor from any other provisions of the Mille Lacs Band Statutes
Annotated requiring procurement of licenses or permits.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.02.
§ 6. Bylaws
The Commission shall adopt a set of Bylaws, which shall be distributed
to the membership of the Commission. A copy of the Bylaws shall be available
for inspection by the membership of the Association at each office of
the Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20. T.I.§ 2.03.
Cross
References
Bylaws,
see 13 MLBSA § 101 et seq.
§ 7. Public Works Association
The Commission
shall have the power to establish membership in the Mille Lacs Band
of Chippewa Indians-Public Works Association. Each person who resides
on trust, allotted or private property within the jurisdiction of the
Band shall enroll in the Association.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.04.
§ 8. Rates, charges and fees
The Commission
shall have the power to establish and collect rates, charges and fees
for the services provided by the Commission in the manner prescribed
by its Bylaws.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.05.
Cross
References
Rates and
charges, bylaws, see 13 MLBSA § 118.
§ 9. Failure to submit payment
The Commission
shall have the power to withhold service from any person who fails to
submit payment for any fee legally established.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.06.
§ 10. Employees
The Commission
shall have the power to employ qualified individuals, who shall be employees
of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.07.
Cross References
Government
employees, see 6 MLBSA § 1
et seq.
§ 11. Service contracts
The Commission shall have the power to contract in writing with individuals
for service to any utility facility provided sufficient funds for payment
for such service exist.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.l, § 2.08.
§ 12. Obligations
(a)
Subject to the limitations set forth in this section, the Commission
shall have the authority to borrow money and incur indebtedness by
issuing obligations, in its own name or in the name of and on behalf
of the Mille Lacs Band of Chippewa Indians, for purposes of acquiring,
constructing, maintaining, managing and improving utility systems
on all property within the territorial jurisdiction of the Band consistent
with the purposes of the Commission. Such obligations shall be issued
and sold in the manner, amount and form and shall bear interest at
the rate or rates set by the Commission. Each such obligation must
be approved by the Band Assembly prior to its issuance.
(b)
All such obligations shall be payable solely:
(1)
from revenues, income, receipts and profits derived by the commission
from its operation and management of utility systems for the Band;
(2)
from the proceeds of evidences of indebtedness issued and sold by
the Commission which are payable solely from such revenues, income,
receipts and profits; or
(3)
from federal or state grants or other money received by the Commission
which are available therefor.
(c)
The Commission may pledge to the repayment of any such obligations,
and the interest coming due thereon, any or all of the sources set
forth in subsection (b), but is without power to pledge or encumber
any other revenues, income or assets of the Mille Lacs Band of Chippewa
Indians, or any other organization or instrumentality of the Band
for the repayment of such obligations. The Band Assembly may, if deemed
to be in the best interests of the Band to do so, pledge to the payment
of any such obligations, or authorize any organization or instrumentality
of the Band to pledge to the payment of such obligations, such specific
revenues, income or assets of the Band or such organization or instrumentality
as it may deem appropriate. In any event, no such obligations shall
be payable from, nor be a charge upon, any funds other than the revenues
specifically pledged to the payment thereof, nor shall the Band be
liable thereon other than to the extent specifically provided in accordance
with this section, and such limitation shall be expressly stated in
each such obligation.
(d)
The Commission, with the approval of the Band Assembly, may provide
for the refunding of any obligation of the Commission through the
issuance of other obligations of the Commission, entitled to rights
and priorities similar in all respects to those held by the obligations
that are refunded.
(e)
In connection with the issuance of any obligation pursuant to this
section the Commission is authorized to waive its sovereign immunity
from suit should an action be commenced to enforce the terms of such
obligation, and to consent to the jurisdiction of the courts of the
United States of America or the State of Minnesota in connection with
any such action; provided that the Commission is without power to
waive the sovereign immunity of the Mille Lacs Band of Chippewa Indians,
to consent to the jurisdiction of any court over the Band, or to consent
to the levy of any judgment, lien or attachment upon any property
or income of the Commission, the Band or any other organization or
instrumentality of the Band other than that specifically pledged pursuant
to subsection (c).
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.09.
§ 13. Vesting of property upon dissolution
Upon dissolution of the Commission, the title to all property owned
by it shall vest in and become the property of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.10.
§ 14. Uniform system of records and accounting
The Commission shall prescribe to the financial record system established
by the Secretary of Treasury for the Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 3.
Cross
References
Grants, uniform system of records and accounting, see 13
MLBSA § 117.
§ 15. Administrative regulations
The Commission shall have the power to make administrative rules and
regulations consistent with those established by the Band Assembly.
Enforcement responsibility shall rest with the Chief Executive of the
Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 4.
Cross
References
Rules and
regulations, see 13 MLBSA § 201 et seq.
§ 16. Meetings
The Board
of Supervisors of the Commission shall meet monthly with an agenda prepared
in advance by the Public Works Administrator. All proceedings of the
Board shall be open to the public except when an executive session is
authorized by unanimous vote of the Board. All proceedings shall be
documented in writing and copies distributed to the Chief Executive
and Band Assembly not more than five days following any meeting.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 6.
Cross
References
Bylaws, Board
meetings, see 13 MLBSA § 110.
Open meetings, Board of Supervisors, see 13 MLBSA §
406.
SUBCHAPTER
II
BYLAWS
Section
101. Establishment of Bylaws.
102. Name and offices.
103. Fiscal year.
104. Public Works Association membership.
105. Association meetings.
106. Management of Commission affairs.
107. Appointment and terms of Board.
108. Vice-Chair and Secretary of Board.
109. Compensation of Supervisors.
110. Board meetings.
111. General power of Board.
112. Removal of Supervisors from office.
113. Powers and duties of Chair.
114. Powers and duties of Vice-Chair; vacancy in office of Chair.
115. Powers and duties of Secretary.
116. Signatures.
117. Accounting system.
118. Rates and charges for utility services.
119. Alteration, amendment or repeal of Bylaws.
120. Sovereign immunity.
Cross
References
Rules and
Regulations, compliance with Bylaws, see 13 MLBSA §
201.
§ 101. Establishment of Bylaws
The Band Assembly hereby establishes the following Bylaws for the Commission.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.
§ 102. Name and offices
The name of the Commission shall be the Mille Lacs Band of Chippewa
Indians-Public Works Commission. The principal office of the Commission
shall be on the Mille Lacs Reservation at Vineland, Minnesota, Mille
Lacs County. The Commission may also have an office at such other place
or places as the Commission may direct or as the operation of the Commission
may require.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.ui.
Cross
References
Address of Commission, see 13 MLBSA § 303.
§ 103. Fiscal year
The fiscal year of the Commission shall begin on the first day of October
and end the last day of September of each succeeding year.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.02.
§ 104. Public Works Association membership
All adult members of the Mille Lacs Band who are enrolled on the Minnesota
Agency census roll of the Bureau of Indian Affairs and who reside on
trust, allotted or private property within the jurisdiction of the Band
shall be considered voting members of the Public Works Association.
Each member shall be entitled to one vote. Members may, by vote, express
a non-binding preference on any issue within the subject matter jurisdiction
of the Commission. Voting by proxy will not be permitted. The rights,
privileges and obligations of all members of the Association shall be
equal. For the purposes of this provision, adult shall mean a Band member
who is eighteen (18) years of age or older.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.03.
§ 105. Association meetings
(a)
The annual meeting of the Association shall be held at the Government
Center, HCR 67, Vineland, Minnesota, County of Mille Lacs, on the
second Thursday of October of each year. The meeting shall be called
for the purpose of receiving the annual reports of Supervisors and
the transaction of other business. This section shall constitute sufficient
notice of the annual meeting.
(b)
Special meetings of the Association may be called at any time by the
Chair of the Board or upon written petition to the Chair signed by
20% of the membership of the Association. The purpose of every special
meeting shall be stated in the notice thereof, and no business shall
be transacted except as is specified in the notice. A written notice
of the special meeting shall be posted in public places at least ten
(10) days prior to the meeting, and shall include the nature, time,
place and purpose of the meeting.
(c)
At least twenty-five (25) voting members of the Association present
at a duly called meeting shall constitute a quorum for the transaction
of Association business. In the event that a quorum is not present,
informational packages shall be mailed to the membership.
(d)
Robert's Rules of Order shall govern at all meetings of the Association.
All meetings of the Association held for the purpose of taking any
action within the authority of the Association shall be open to the
public, except that the public or any person may be excluded from
a meeting for unduly interfering with the orderly conduct of business,
in matters relating to personnel, in matters adjudicatory in nature,
or in matters concerning purchases that can be made only from one
source.
Historical
and Statutory Notes
Source:
Band Statutes 1233-MLC-20, T.I., § 7.04.
§ 106. Management of Commission affairs
The business and affairs of the Commission shall be managed by a board
of five (5) Supervisors. The powers of the Commission are prescribed
in 13 MLBSA § 3 et seq.
Historical and Statutory Notes
Source: Band Statute 1233-MLC-20, T.l, § 7.05.
§ 107. Appointment and terms of Board
The
Board shall be appointed and have such terms as prescribed in 13
MLBSA § 2(b).
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, TI, § 7.051.
§ 108. Vice-Chair and Secretary of Board
The Board
shall elect by ballot a Vice-Chair and Secretary from the three Supervisors
nominated by the Chief Executive, each of whom shall hold office until
appointment and qualification of their successor, unless sooner removed
by resignation or for just cause.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.l, § 7.052.
§ 109. Compensation of Supervisors
The members
of the Board shall receive no compensation for their service as Supervisors
other than reimbursement for reasonable travel expenses.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.053.
§ 110. Board meetings
The Board
shall hold meetings at such regular intervals as prescribed by law.
A majority of the Board present in person at the meeting shall constitute
a quorum for the conduct of business.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.054.
Cross
References
Meetings,
see 13 MLBSA § 16.
§ 111. General power of Board
The Board
shall have the general power to act for the Commission in any manner
not prohibited by this subchapter or the Mille Lacs Band Statutes Annotated.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.055.
§ 112. Removal of Supervisors from office
Any Supervisor may be removed from office as prescribed in 13
MLBSA § 2(c).
Historical and Statutory Notes
Source: Band Statute 1233-MLC-20, T.I., § 7.056.
§ 113. Powers and duties of Chair
The Chair shall preside over all meetings of the Board of Supervisors
and may call special meetings of the Board. The Chair shall have the
power to perform such other duties as may be required by the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.06.
§ 114. Powers and duties of Vice-Chair; vacancy
in office of Chair
The Vice-Chair, in the absence or disability of the Chair, shall perform
the duties of the Chair. However, in case of the resignation or permanent
disability of the Chair, the Board may declare the office vacant and
select a successor to fill the position until a new Public Works Administrator
is appointed.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.061.
§ 115. Powers and duties of Secretary
The Secretary shall keep a record of the proceedings of all meetings
of the Board. The Secretary shall serve or cause to be served the Bylaws
of the Commission and shall make a full report of all matters and business
pertaining to the office at the annual meeting, or at such other time
or times as the Board may require. At the annual meeting, the Secretary
shall submit a complete accounting for the past year and shall discharge
such other duties as required by the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.062.
§ 116. Signatures
The signatures of both the Chair and Secretary shall be required in
order to bind the Commission for any lawful action taken by the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.063.
§ 117. Accounting system
(a)
An accounting system shall be established as prescribed by 13
MLBSA § 14, and include the implementation of Attachment
P of OMB Circular A-102;
(b)
If the Commission shall at any time receive by way of grant any property
of any Federal, State, Tribal or private agencies, the Board shall
use the uniform system of records and accounting as prescribed in
13 MLBSA § 14.
Historical
and Statutory Notes
Source: Band Statute 1233-MLC-20, T.I., §§ 7.055, 7.07.
§ 118. Rates and charges for utility services
All rates and charges for utility services shall be established by the
Board of Supervisors. The Board may negotiate with large users of a
particular utility service for special rates and charges provided that
such rates are fair and equitable to all other users of Commission services.
The Board shall review the established rate schedule of charges at least
annually to ensure that sufficient income will be generated in the coming
year to cover anticipated expenses. This determination shall be based
on the previous year's actual expenses and the estimated budget for
the coming year.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.08.
Cross
References
Rates, charges and fees, see 13 MLBSA § 8.
§ 119. Alteration, amendment or repeal of Bylaws
These Bylaws may be altered, amended or repealed. Any Bylaws that are
altered, amended or repealed must be presented to the Band Assembly
for ratification. New Bylaws may be adopted by a majority vote of the
Board of Supervisors present at any regular or special meeting of the
Board called for that specific purpose.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.09.
Cross References
Adoption
of Bylaws, see 13 MLBSA § 6.
§ 120. Sovereign immunity
Nothing
in these Bylaws shall be construed as a waiver of the sovereign immunity
of the Mille Lacs Band of Chippewa Indians in any court of competent
jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.10.
SUBCHAPTER
III
RULES AND REGULATIONS
Section
201. Compliance with Bylaws.
202. Application for service.
203. Water service generally.
204. Multiple water services.
205. Transfer of water prohibited.
206. Connection with private water system; inspection.
207. Extension of main and service lines.
208. Maintenance of water lines.
209. Maintenance of sewer system; liability for property damage.
210. Sewer service charge.
211. Billing for water and sewer services.
Cross
References
Administrative
regulations, see 13 MLBSA § 15.
§ 201. Compliance with Bylaws
The Rules
and Regulations in this subchapter are issued in compliance with the
Bylaws of the Commission and are designed to govern the supplying and
receiving of services rendered by the Commission. They are subject to
change from time to time. If a provision of the Rules and Regulations
should conflict with a provision of the Bylaws, the Bylaws shall prevail.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.
Cross References
Bylaws, see 13 MLBSA § 101 et seq.
§ 202. Application for service
Application for service shall be made as provided by the Board of Supervisors.
Upon review and approval of the application by the Board, a membership
certificate shall be issued and service provided. The Board may enter
into special service contracts in cases where the applicant has unusual
service requirements.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.
§ 203. Water service generally
Water service shall consist of facilities to supply water at the normal
operating pressure of the system to one residence or place of business.
Water service shall be considered available when the Commission maintains
the water supply at the normal pressure at the point of delivery in
readiness for the member's use, regardless of whether or not the member
made use of it, and charges shall be made for service as of this date.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.01.
§ 204. Multiple water services
One member may have more than one water service pursuant to rules established
by the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.011.
§ 205. Transfer of water prohibited
Water service is for the sole use of the member and the member's agents
or tenants at the location where it is provided, and the transfer of
water by any means to another dwelling or place of business is prohibited.
With the exception of emergency conditions, the sharing or reselling
of water is grounds for disconnection of water service by the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.011.
§ 206. Connection with private water system; inspection
There shall be no physical connection between any private water system
and the water service provided by the Commission. The Commission shall
have the right, at all reasonable hours, to enter upon member's premises
for the purpose of inspection and enforcement of this provision. Violation
of this provision is cause for disconnection of a member's water service
by the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.012.
§ 207. Extension of main and service lines
Main and service lines laid beyond the member's existing water system
must be installed to the Commission's specifications and be paid for
by the individual installing such lines.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.013.
§ 208. Maintenance of water lines
It
is the responsibility of the Commission to maintain the water lines
up to the curb stop, or if none, up to within five feet of the building.
The building is the owner's responsibility, except for buildings that
are being rented from the Housing Authority or the Mille Lacs Band.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.014.
Cross
References
Maintenance services, water and sewer systems, see 13
MLBSA § 305.
Responsibilities of Commission, plan of operation, see 13
MLBSA § 304.
§ 209. Maintenance of sewer system; liability
for property damage
The collection system and treatment facilities utilized in any sewer
service provided by the Commission shall be maintained in good repair
and operating order at all times, if possible. The Commission shall
not be responsible for damage to members' property due to damage or
malfunction of the facilities due to causes beyond its control.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.02.
Cross References
Maintenance
services, water and sewer systems, see 13 MLBSA §
305.
Responsibilities of Commission, plan of operation, see 13
MLBSA § 304.
§ 210. Sewer service charge
All members
are subject to a sewer service charge as soon as sewer service is available
at the point of delivery in readiness for the member's use, regardless
of whether or not the member made use of it.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.03.
§ 211. Billing for water and sewer services
Members
shall be billed monthly for water and sewer services based upon approved
rate schedules. Billing for water and sewer services shall be as provided
for in 13 MLBSA §§ 401, 402.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.04.
SUBCHAPTER
IV
PLAN OF OPERATION
Section
301. Operating guidelines.
302. Purpose of Commission.
303. Address of Commission.
304. Responsibilities of Commission.
305. Maintenance services.
306. Amendment of Plan of Operation.
§ 301. Operating guidelines
The Plan
of Operation and any amendments thereto shall serve as the operating
guidelines for the Commission. The General Policies of the Plan of Operation
are established as provided in this subchapter.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.
§ 302. Purpose of Commission
The purpose
of the Commission shall be to acquire, construct, manage, operate and
maintain utility systems for the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.01.
§ 303. Address of Commission
The Commission shall maintain an office in Vineland, Minnesota. Its
address shall be: Public Works Commission, Mille Lacs Band of Chippewa
Indians, HCR 67, Box 194, Onamia, Minnesota 56359.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.02.
Cross
References
Name and offices, see 13 MLBSA § 102.
§ 304. Responsibilities of Commission
(a)(1)
The Commission is responsible for providing safe, adequate water for
a fee to those buildings connected to the mainlines of the community
water system. Responsibility for maintenance will include water sources,
storage tanks, controls, mainlines, valves and hydrants, and service
lines up to the curb stops, or if none; up to within five feet of
the building.
(2)
The Commission is responsible for providing sanitary disposal of
domestic waste for a fee to those buildings connected to the mainlines
of Band sewage systems. Responsibility for maintenance will include
treatment facilities, pumping stations, mainlines and manholes,
and service lines to the property lines only.
(3)
The remainder of the sewer and water service lines and interior
building plumbing shall be the responsibility of the member, excluding
buildings rented from the Housing Authority or the Band, which are
the responsibility of the appropriate entity.
(b)
To ensure the provision of adequate water and sewage service to its
members, the Commission shall retain qualified personnel on duty or
on call at all times. The Commission shall respond in a timely manner
to breakdowns and other emergencies.
(c)
Services for individual septic tank systems may be available at the
Commission's discretion in areas within the territorial jurisdiction
of the Commission. The Commission may elect to provide for the pumping
of individual septic tanks for a fee. The Commission shall have no
responsibility for this service except in instances of such elective
pumping. The Commission cannot guarantee the operation of improperly
designed, constructed or operated septic tank systems.
(d) The
Commission may elect, as resources permit, to perform certain plumbing
repairs or new installations for a fee in those buildings served by
one of the Commission's systems.
(e) Private
wells are the responsibility of the individual property owner, and
the Commission cannot guarantee the operation of improperly designed,
constructed or operated well systems or their water quality.
(f) The
Commission may, in its discretion, agree to perform construction,
operation or maintenance services under contract with tribal, governmental,
or private bodies.
(g) In
its discretion, the Commission may assume responsibility to provide
other utility services and adopt regulations governing the provision
of such other services.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.03.
Cross
References
Maintenance
of sewer system, see 13 MLBSA § 209.
Maintenance of water lines, see 13 MLBSA § 208.
§ 305. Maintenance services
The Commission
shall develop and follow a regular schedule of maintenance services
for each water and sewage system under its control. These services shall
include, but not be limited to, the following:
(a) Inspect
and operate valves and hydrants, inspect and repair water mains for
leaks or damage, flush water lines, inspect storage tanks and level
indicators, and adjust and service controls; and
(b) Flush
sewer mains, remove debris from manholes, control weeds and erosion
at lagoons inspect and service lift station and mechanical aerators,
and, where the responsibility has been assumed by the Commission,
inspect individual septic tanks.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.04.
Cross
References
Maintenance
of sewer system, Rules and Regulations, see 13 MLBSA
§ 209.
Maintenance of water lines, Rules and Regulations, see 13
MLBSA § 208.
§ 306. Amendment of Plan of Operation
The Plan
of Operation may be amended by a simple majority of Supervisors in attendance
at a meeting called for that purpose and the subsequent approval of
the Band Assembly.
Historical and Statutory Notes
Source: Band Statute 1233-MLC-20, T.I., § 9.05.
SUBCHAPTER
V
POLICIES
Section
401 . Billing and payment policy.
402. Billing and collection policies.
403. Enforcement policies.
404. Bookkeeping and handling of funds policies.
405. Management policies.
406. Public service.
§ 401. Billing and payment policy
(a)
Billing for water and sewage services shall be done jointly. In instances
where a member receives only one service, the member shall only be
billed for that service. Each bill shall be based upon the usage of
water and sewage services under an applicable rate schedule. The schedule
shall provide for a minimum monthly service charge, regardless of
usage, in addition to rates for water and sewage services in excess
of the minimum monthly service charge.
(b)
Bills shall be sent to members by the sixth business day of each month
for services rendered the previous month, and shall be due and payable
at the location indicated on the face of the bill ten days thereafter.
Unpaid bills shall become delinquent five days after the due date.
The Commission shall then have three days in which to notify the member,
either personally or by certified mail, that they are delinquent and
subject to a penalty and disconnection of water and sewage service
unless their account is paid in full. The member shall have two days
after the mailing of notice or personal notification to pay the bill
in full without penalty. Thereafter, the Commission may impose a twenty-five
dollar ($25.00) penalty, in addition to any other amounts due or chargeable,
and may disconnect services at the member's expense.
(c)
Bills not paid by the due date shall be subject to a fifteen percent
(15%) late charge on the unpaid balance in addition to any other service
charges or penalties.
(d)
A minimum reconnection fee of twenty-five dollars ($25.00) shall be
charged for disconnected service. However, should the actual cost
of reconnection exceed twenty-five dollars ($25.00), the member shall
be charged the actual cost. Any service which has been disconnected,
whether due to delinquency or any other reason, shall be reconnected
only upon payment of any past due amount and the reconnection fee.
(e)
Partial payments may be accepted, but shall not relieve the member
of the responsibility for paying bills by their due date, nor does
it extend the due or delinquent date.
(f) Advance
payments may be accepted and credited to the member's account monthly
until exhausted.
(g)
All returned checks shall result in a delinquent account, if the check
is not redeemed by the due date stated on the applicable bill. In
the event that a returned check is not redeemed by the due date, the
delinquent account procedures listed in subsection (b) shall apply.
(h)
All members who issue a dishonored check shall be charged a fee of
fifteen dollars ($15.00) to reimburse the additional administrative
expenses associated with ensuring payment on these items.
(i)
The minimum monthly service charge shall be increased from six dollars
($6.00) to eight dollars ($8.00) for combined water and sewage services.
In the event that a member only receives one service, the member shall
only be assessed half the minimum monthly service charge.
(1)
Notwithstanding any provision of this section to the contrary, members
who have attained the age of fifty-five or who qualify for services
from the Elderly Nutrition Program, irrespective of age, shall be
exempt from any increase in the minimum monthly service charge above
the amount assessed as of January 1, 1985.
(2)
Notwithstanding any provision of this chapter to the contrary, members
who have attained the age of fifty-five or who qualify for services
from the Elderly Nutrition Program shall be exempt from the payment
of all service fees if they have a gross monthly income of less
than three hundred dollars ($300.00). Verification of income shall
be certified by the Contracting Officer of the Food Commodity Program
or provided by the member seeking this exemption.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.
Cross
References
Billing for water and sewer services, see 13 MLBSA §
211.
§ 402. Billing and collection policies
Billing and collection policies shall be as follows:
(a)
The Commission shall maintain a complete and up-to-date record of
all members served by those systems operated by the Commission. Additions
and deletions to the records shall be made as soon as the Commission
learns of the changes;
(b)
The Commission shall ensure that each member is billed for services
in accordance with 13 MLBSA § 401 and this
Section;
(c)
Members may make payments by cash or check or money order, payable
to the Commission, by mailing payments to the Commission's office
at the Mille Lacs Government Center or personally delivering payments
thereto. Members shall receive a receipt for payments personally made
at the Government Center;
(d)
Members who live in buildings managed by the Housing Authority or
other tribal enterprises shall include monthly water and sewage payments
along with their rent or house payment. The agency collecting the
payments shall then pay the Commission for services to all of its
housing occupants. The agency shall receive a receipt for this payment;
and
(e)
Members requesting a new service, reconnection, plumbing repairs,
or pumping of a septic tank shall make arrangements with the Director
of Operations for Public Works for payment prior to receiving the
services. Normally, such charges shall be due on the next month's
bill.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.09.
Cross
References
Billing for water and sewer services, see 13 MLBSA §
211.
§ 403. Enforcement policies
Enforcement policies shall be as follows:
(a)
The Commission is hereby authorized to collect fees for services and
to disconnect services for nonpayment; and
(b)
The Commission shall enforce its regulations and fee collections by
disconnecting services to any and all violators and delinquent members.
The Commission shall not seek to attach members' property nor to have
fines assessed by the Court of Central Jurisdiction, except in cases
of blatant or continued abuse or destruction of property.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.10.
§ 404. Bookkeeping and handling of funds policies
Bookkeeping and handling of funds policies shall be as follows:
(a)
The Commission shall follow the established Band procedures for bookkeeping
and banking. This will allow the convenient handling of Commission
funds through the bank accounts of the Band, while also providing
a separate accounting of the funds. The Public Works Administrator
shall make a monthly accounting of the Commission's funds available
to the Board;
(b)
Actual handling of the Commission's funds shall be performed by the
Band's Secretary of Treasury; and
(c)
All accounts and ledgers of the Commission shall be available for
audit at any time by any auditor appointed by the Secretary of Treasury.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.11.
§ 405. Management policies
Management policies shall be as follows:
(a)
The Board may establish overall program objectives which shall be
implemented by the Public Works Administrator;
(b)
The Public Works Administrator shall manage the daily operations of
the Commission. The Public Works Administrator shall have responsibility
to direct the work of all employees of the Commission and shall establish
a direct chain of command for orderly functioning of the office and
operation and maintenance of all utility systems;
(c)
Job descriptions for all employees shall be developed and followed;
and
(d)
Employees of the Commission shall receive wages and benefits comparable
to other employees of the Band. Employees shall have the right of
appeal pursuant to the Band's personnel policies should any employment-related
dispute not be resolved to their satisfaction by the Public Works
Administrator or the Board.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.12.
Cross
References
Government employees, see 6 MLBSA §
1 et seq.
§ 406. Public service
The Commission is created in order to serve the people of the Mille
Lacs Band. Yearly meetings of the Board of Supervisors shall be open
to the public, except as provided elsewhere in this Chapter. Members
with particular problems or complaints shall request inclusion on the
agenda of the next Board meeting.
Historical
and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.13.
Cross
References
Board meetings, see 13 MLBSA § 16.
Back
to Top