BY-LAWS ID GOVERN THE USE AND USERS OF THE TOWER NT COLA BMP DOMESTIC WATER SYSTEMS Lower N icola Band Thompson R iver D is tr ic t B ritish Columbia Region
A. INTRODUCTION: Indian communities that have a domestic water system are with a number o f problems, such as, how is a users fee established how are Water By-laws brought forward and put in to action? V In cases where more than one person/family share a water system, there w i l l always be problems in cost-sharing, unless w ritten gu idelines (by-law s) are established beforehand. This is the purpose o f the Guide fo r the Establishment o f a Water Authority at the Com munity Leve l. Under section BO ( l ) and 82 ( f ) o f the Indian Act, the Band Council has the powers to estab lish and enforce Water By-laws that would include: Monthly users fe e , Penalty fo r o ffenders, Etc. B. INTERPRETATION: "Band" means the Lower N icola Band. "W/A" means Water/Authority. "By-laws" means Water By-laws. C. PURPOSE OF WATER BY-LAWS (AIMS): The Aim is to eventually make the Band Water Systems s e l f - supporting. D. COMMUNITIES CONCERNED: These By-laws serve the Lower N icola Band which may include the fo llow in g communities: Shulus, 30 - 40 houses, Springs, 10 - 20 houses, Zoht, 0 - 10 houses,
2-— — Lower N ico la , 0 — 10 houses, ---- Gody, 0 - 1 0 houses. Each community maybe re fe rred to as separate communities in the remainder o f these By-laws, E. W/A AND BY-LAWS: 1. RE: W/A (a ) Period o f O ff ic e . — The W/A sh a ll be appointed by the Band Council from the membership o f the Band. — The W/A maybe replaced at any time during his/her term o f o f f i c e by the Band Council. ■— W/A term o f o f f i c e sh a ll not be more than one year, beginning the f i r s t day o f the f i r s t month, 1972» (b ) R espon s ib ilities o f W/A. — To be d ir e c t ly responsible to the Band Council, unless otherwise sp ec ified . —- To g ive a monthly fin a n c ia l and progress report to the Band Council. — To be responsible fo r c o lle c t in g the monthly users fe e from each ind ividual house on the reserve . « — To be responsible fo r providing a w ritten rece ip t to a l l water users that pay fo r the use o f the Band Water Systems. — To be responsible fo r recording and depositing in to a lo c a l Chartered Bank, a l l funds co llec ted from the users.' — To be responsible fo r the payment o f a l l B.C. Hydro power and other b i l l s incurred. A ll payments o f b i l l s sh a ll be made by cheque only, absolu tely no payments in cash, a - * ■ » — W/A sha ll be one o f three signing o f f ic e r s fo r the Lower N ico la Band Water Account
t*3— 2 i RE:- By-laws — The Band authorizes the VJ/A to c o lle c t the monthly fe e o f $5.00 from each house that is connected to the Shulus, Springs and Lower N ico la Water Systems, plus an add itional $2.00 fe e in the summer months from those houses with gardens or lawns, — The other water systems or w ells that serve the indivuduals o f Gody, Zoht and other p riva te homes on the reserves o f our Band sh a ll not be a ffec ted by th is by-law. But they sha ll be responsible fo r the up-keep, maintenance and payment fo r power b i l l s and repairs to th e ir own systems. — For the communities o f Shulus, Springs, and Lower N ico la , the W/A sh a ll be responsible fo r the payment o f up-keep, maintenance o f the water systems up to the point where the branchline enters d ir e c t ly underneath the concrete foundation o f each house. — A ll water l in e th e rea fte r sha ll be the re sp o n s ib ility o f the home- owner, or occupant. — The monthly fe e rate maybe.changed from time to time by the Band Council. — The Users sh a ll d e liv e r the monthly fe e (in advance) to the W/A’ s home. — The Band Council sh a ll also have the power to estab lish a water time tab le that maybe applied to the users; that would estab lish a time schedule, governing the time use o f water from the Band Water Systems. F. PROCEDURE FOR ENFORCEMENT OF BY-LAWS : — Before a house is hooked up to the water system, an underground tu rn -o ff tap w i l l or has been in s ta lle d . — Only the v//A is authorized to have in his possession a key to these tu rn -o ff taps. — Any household that does not pay the monthly fe e ra te ( in advance) b e fore a given date; upon request o f the4i/A, the household sh a ll be given 3 days (72 hours) grace w ithin which to pay. A fter which the
-4-water w i l l be turned o f f j should the household f a i l to pay the due amount. — The water w i l l remain turned o f f u n t il such time as the due amount is paid to the W/A; At which time the W/A w i l l personally turn on the underground tap, G. PENALTY FOR BY-LAW OFFENDERS: — Anyone caught causing w i l l fu l damage or tampering with the Water tu rn -o ff taps or Pumphouse and contents, w i l l be fin ed to a maximum o f $50.00 ( f i f t y d o lla rs ) and damages, and/or up to 30 day imprison ment. — Should a tu rn -o ff tap have to be used, the W/A sh a ll charge $2.00 fo r having to come back to turn on the water. This to be co llec ted in advance and deposited in to the Bank. H. AUDIT: — The books o f the W/A sh a ll be open fo r inspection at any time by the Band Council and sh a ll be closed on March 31 o f each year fo r inspection and audit by a Registered Chartered Accountant. « I . PAYMENT TO W/A: — The W/A sh a ll be reimbursed fo r his/her serv ices , at a ra te of. 20/ o f t o ta l funds co lle c ted . This to be added to the users fe e and paid fo r by the users. — A monthly payment w i l l be made to the W/A in the form o f a cheque. — The percentage o f reimbursement maybe changed by the Band Council from time to uime
-5-J. AMENDMENTS TO THIS BY-LAW : — Amendments maybe made to th is By-law in the month o f A p r il o f each year, by the Band Council, — Provided at lea s t 14 days notice is posted in a public p lace that is a va ilab le to Band members. (August 18/71 Rev.)
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