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| The Consolidated Borough of Quil
Ceda Village |
Ordinance No. 13.01.1
Utility and Environmental Services |
| Article IV - Management and
Finances |
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| Section 4.01. Management Personnel: The
Utility Department shall manage the business and operating affairs of the
Utility and Environmental Services Department. The Village may provide for
hiring and contracting personnel for the care and maintenance of the Public
Utilities (provided that hiring shall be in accordance with Village personnel
policies), and shall establish compensation rates consistent with the Village
approved budget. The Department may delegate only those management duties
that are not specifically designated as duties to be performed exclusively
by the Utility Department. |
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| Section 4.02. Annual Budget: The Utility
Department shall establish an annual budget enumerating the necessary costs
of Utilities and Environmental Services operation, maintenance, administration,
personnel, liability and other insurance, replacement, and a reserve for
major repairs and replacements.
Section 4.03. User Fee Schedule: The annual budget shall be used to determine
a fee schedule to be assessed to the users of Public Utilities. The budget
and fee schedule shall be approved by the Utility Department and ratified
by the Village Council.
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| Section 4.04. Fiscal Year: The fiscal
year for the Utilities and Environmental Services Department shall be the
same as the fiscal year of the Village. |
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| Section 4.05. Depository: The depository
of the Department shall be a separate commercial account or accounts in
any bank selected by the Village. Said account shall be in the name "Quil
Ceda Village Utility Department”. |
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| Section 4.06. Investments: Funds on
deposit in excess of 30 days working capital may be invested in insured
deposits at a commercial bank, savings and loan association or investment
company offering the highest interest rate, provided that investment deposits
shall have immediate liquidity. Investment deposits shall be made by the
Village Utility Treasurer. Withdrawals of investments require the approval
of the Village Manager. Withdrawals from accounts shall be signed by two
of the officers of the Village. |
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| Section 4.07. Disbursements and Receipts: The
Utility Department shall determine the distribution of funds required for
the operation, maintenance and management of the Village Public Utilities
and Environmental Services. Disbursements will be made by check upon presentation
of invoices or vouchers. Disbursements shall be made by the Officers of
the Village or employees properly designated by the Village. The checks
written on accounts shall be signed by two of the Officers of the Village.
Cash receipt will be deposited intact, as to amount, in the depositor promptly.
Receipts will be issued for all cash received and copies filed and retained
for accounting. |
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| Section 4.08. Records and Accounts: Suitable
financial records shall be maintained for all expenditures, receipts from
payments for services, investments and returns on investments, and any other
financial matters necessary for operation of the Utility and Environmental
Services department. The separate accounting records for the Department
shall be maintained in an appropriate business like manner. The records
of accounts shall be made available to the Village Council upon request.
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| Section 4.09. Exclusive Use of Funds:
The funds accrued by the Utility Department and kept on deposit are for
the exclusive use of the Utility and Environmental Services department for
the necessary operation, maintenance, and management of the Village public
utilities and environmental services. Utility Department funds shall not
be transferred or loaned to the Village General Fund or any other accounts
of the Village or other Village departments, except to pay for services
provided to the Village or Department by other Village departments.
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| Section 4.10. Audit and Reports: The
accounts of the Utility Department will be audited annually at the close
of the fiscal year at the expense of the Department. Annual and periodic
reports will be submitted by the Utility Department to the Village Council.
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| Section 4.11. Bonding: Officers of the
Utility Department and any other person(s) designated to handle funds for
the Utility and Environmental Services Department, shall be bonded for amounts
up to $100,000. |
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| Section 4.12. Insurance: Fire and other
insurance on property owned or used by the Department or on property in
which the Department has an insurable interest shall be in amounts and type
of coverage specified by the Utility Department. Insurance may be part of
the Tribal or Village insurance policies, with the expenses thereof pro-rated
to the Department if so directed by the Village Council. |
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| Section 4.13. Petty Cash: A petty cash
fund is authorized to be established in the amount of $2,000. This fund
may be used to pay small expenses, when necessary, and to pay small obligations
when it is not feasible to pay by check on the official depository. The
fund may be reimbursed periodically from the official depository of the
Utility Department in the amount of and upon the submittal of receipts,
vouchers, and statements signed by the payees, of their proof of expenditure.
Petty cash reimbursement vouchers shall be certified by the Manager.
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| Section 4.14. Regulations and Policy:
The Village Manager shall have the authority to adopt appropriate regulations
and policies as needed by the Utility Department to implement the provisions
contained in this Ordinance. |
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| Section 4.15. Regulation; Policy Suspension Alteration:
No regulation duly adopted by the Utility Department may be suspended or
altered by any person without prior written authorization of the Village
Manager. |
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| Section 4.16. Amendments: The Utility
Department shall recommend amendments to this Ordinance that it believes
necessary to promote the efficient, cost effective and self-sufficient operation
of the Utility and Environmental Services Department and shall present such
amendments to the Village Manager for approval. The Village Manager shall
present all amendments to this Ordinance to the Village Council for approval.
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| Section 4.17. Grievances: Any customer
or any applicant for utility services, who is aggrieved by any action of
the Utility and Environmental Service Department may file a grievance with
the Village Council. The Utility Department and the Village Council shall
abide by the regulation set forth in this Ordinance and shall handle such
grievances in a manner which provides for due process of law. All decisions
by the Utility Department or Village Council on matters that have been submitted
for grievance under the Department's grievance procedures shall be considered
final. Final decisions of the Utility Department may be appealed by an aggrieved
party only on the basis that the Department's grievance procedures were
not followed, or that due process was denied. |
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| Section 4.18. Non-waiver of Sovereign Immunity:
The Utility and environmental Services Department is an agency of the Village,
and thereby retains all rights of sovereign immunity of the Village. By
providing services and entering into service agreements, the Department
shall not waive the sovereign immunity of the Village or any of its officers,
agents, attorneys or employees, or any one else acting at the direction
of and on behalf of the Village.
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