Rincon Band of Luisefio Indians

Rincon Band of Luisefio Indians

Utility Ordinance

June 25, 2009

RINCON UTILITY ORDINANCE — CHAPTER 6-1

ARTICLE I. GENERAL PROVISIONS

6.1.1 Title and Effective Date

This Ordinance shall be titled: "Rincon Utility Ordinance" hereafter referred to as the

"Ordinance". The Ordinance shall become effective thirty (30) days after adoption by the

Rincon Business Committee (referred to as the "Committee"). Copies of the Ordinance

shall be posted at the Tribal Administration Office and made available on the Rincon

website. Upon passage of this Ordinance, the Rincon Water Ordinance, Revised #2 and

all solid waste disposal Ordinances shall be repealed and superseded.

6.1.2 Purpose

The purpose of the Ordinance is to define policies and identify necessary rules and

regulations for the operation, maintenance, management and billing for the Rincon water

system and Rincon solid waste disposal services on the Rincon Indian Reservation.

6.1.3 Policy

It shall be the policy of the Rincon Band of Luiseno Indians ("Band") to:

A. Operate, maintain and manage a water system and provide solid waste disposal

services on the Rincon Indian Reservation; and

B. Protect, manage and enhance the natural environment and water resources so that

the community residents are provided with a high level of Utility Department

services designed to minimize exposure to adverse conditions which could

negatively impact the physical and environmental health of any individual or

community.

It shall also be the policy of Band that the operation, maintenance and management of its

water and solid waste disposal services shall be carried out through an efficient program

and in a financially responsible cost effective and self-sufficient manner.

6.1.4 Jurisdiction

The Band has inherent authority to provide for the health and safety of its members, other

Reservation residents, and visitors. The Committee is authorized, pursuant to Sections 6b

and 6c of the Rincon Articles of Association, to establish a tribal water system, provide

solid waste disposal service, and levy appropriate user fees and charges in order to

maintain such a system and service. The Committee authorizes and delegates to the

Utility Department the responsibility to implement the provisions and policies to meet the

purpose of this Ordinance.

6.1.5 Definition of Terms

A.

Applicant

Shall mean an individual business or agency or organization that is the owner of

the premises for which water or solid waste disposal is sought or provided.

Back-Up Service

Shall mean a service connection to a premises that has an auxiliary water supply

within the Utility Department’s water supply.

Backup Service Charge or Fee

Shall mean a charge or fee that is imposed on a premises for the purpose of

providing backup service connection capacity to an applicant that has auxiliary

water supply within the Utility Departments’ water supply.

Business Committee

Shall mean the Rincon Band of Luiseno Indians Business Committee (referred to

as “Committee”).

Connection Charge or Fee

Shall mean a charge or fee that is imposed on a premises for providing water

service.

Contractor

Shall mean any individual, firm, business or organization that contracts with the

Band or Utility Department to provide services for repairs, design, inspection,

reconstruction or operation of the Rincon water system or solid waste disposal

operation.

Customer

Shall mean the owner of the premises.

Installation Charge or Fee

Shall mean a charge or fee that is imposed on any premises for the purpose of

covering material, labor, and equipment for installing a service.

Manager

Shall mean any individual hired by the Band to be the Manager of the Utility

Department.

Month Service Charge or Fee

Shall mean a charge or fee imposed on any premise for covering the expenses

related to upgrading and maintaining the Rincon water system and solid waste

disposal, and for billing, collection and administration fees.

Premises

Shall mean any assignment, allotment, fee land or any building or other structure.

Property Owner

Shall mean any person or entitle offering premises for occupancy, rent, and/or

lease.

Regulation

Shall mean any current rule or procedure duly adopted by the Utility Department

for the purpose of implementing the provisions of this Ordinance. All water and

solid waste disposal regulations will be made available to customers.

Service Connections

Shall mean the pipeline between the water main and the customer’s private

plumbing.

Water Technician

Shall mean any individual hired by the Band to be the water system technician

under supervision of the manager.

Shall, May

Shall means mandatory, may means permissive.

Utility Department

Shall mean the Rincon Utility Department organized and operated by the Rincon

Band of Luiseno Indians. The Utility Department is not a separate tribal

enterprise, not-for-profit corporation or independent tribal subdivision of the

Tribe.

Vendor

Shall mean any individual firm, contractor or organization who regularly supplies

parts, equipment, supplies and services used in the operation, maintenance and

management of the Rincon water or solid waste-disposal system.

Water Main or Transmission Main

Shall mean a principal water pipe that is controlled by the Utility Department for

conveying domestic water, especially one installed underground and located

throughout the Rincon Reservation that is used to serve individuals, premises and

customers and the general public.

ARTICLE Il. AUTHORITY

6.1.6 Manager Authority

The Utility Department, through the Utility Department Manager, shall manage the water

and solid waste disposal service of the Band, and may prescribe and enforce regulations

that implement the application, administration, interpretation and enforcement of this

Ordinance.

6.1.7 Revision of Fees and Charges

The Committee shall, by resolution, set the amount of all fees and/or charges under this

Ordinance.

6.1.8 Right of Entry to Inspect

The Manager of the Utility Department , or his/her duly authorized representative, shall

be permitted to enter upon any and all premises that receive water service from the Band,

for the purpose of determining the location and condition of any water service

connection; and determination of possible hazards to public health, safety and welfare.

ARTICLE Il... WATER SERVICE AND SOLID WASTE COLLECTION

6.1.9 Application

An applicant who desires water or solid waste services must complete an application

form supplied by the Rincon Housing Department. The Housing Department shall

forward all water and solid waste disposal applications to the Utility Department for

processing. The Utility Department shall determine if the water systems are adequate to

meet additional loads. By signing an application, the applicant is agreeing to comply with

the Utility Ordinance and all Utility Department regulations and policies and consents to

the jurisdiction of the Rincon Band of Luiseno Indians.

6.1.10 Application Content

A. Name, address and tribal roll number if applicable;

Date of application;

Service being requested (water and/or trash);

Purpose of which service is to be used (domestic, commercial, etc.);

Signature of the applicant;

am oO ao fe

The date in which services are to begin;

G. Other such information as the Housing Department and/or Utility Department

may reasonably request.

6.1.11 Denial of Application

An applicant will be notified in writing by the Utility Department if his/her application

for water or solid waste disposal services is denied. The notice shall be mail by certified

mail return receipt requested and state the reason for the denial of services and that he/she

may request a meeting with the Utility Department Manager to contest his/her denial of

services. The applicant will be provided with contact information for the Utility

Department and instruction on how to request a meeting. All meeting requests from the

denial of services must be filed with the Utility Department within- fifteen (15) days from

the receipt of the notice of denial. If applicant and the Utility Department cannot reach a

mutual resolution on the applicants request for services, he/she may proceed to the

Rincon Tribal Court pursuant to Article VI, Section 6.1.61.

6.1.12 Existing Service for Solid Waste Disposal and Water

Those persons receiving water and/or solid waste disposal services from the Band on the

date of approval of this Ordinance shall continue to receive services provided the

customer provides the Housing Department with an updated service(s) application by

July 31, 2009.

6.1.13 Transfer of Ownership

All new property owners (Band member and non-Band member) on the Reservation shall

complete an application for services as provided for under Section 6.1.9.

6.1.14 Premises to be Served

The applicant shall describe the premises to be served, and only the premises so specified

shall be connected to the Band's water system and receive solid waste collection service.

The Committee reserves the right to make the decision for separate connections to each

and every unit on an owner's property, or make a single connection to the entire premises

from the water system. All solid waste disposal services will only be collected at the

customer's curbside.

6.1.15 Service Connection, Location, and Size

The Utility Department reserves the right to determine the size and location of the service

connection. Where practical, the Utility Department will install the service connection at

a location selected by the applicant. Customarily, a service connection will terminate at a

point behind and adjacent to the property line where the curb exists. The Utility

Department may provide a service connection of conventional length terminating at some

practicable location on the premises, and the applicant has the responsibility to

connecting thereto.

6.1.16 Cost of Installation

The cost of installing a water meter, mcter box, labor and all necessary pipe and fittings

shall be borne by the customer and shall be in accordance with Article IV, Section 6.1.35.

6.1. 17 Right to Temporarily Disrupt or Suspend Service

The Utility Department shall, if necessary for the purpose of repairing or improving the

water system(s), have the right to disrupt or suspend the delivery of water. In such cases

reasonable notice will be given, as circumstances will permit, and the making of such

repairs or improvements shall be performed as rapidly as possible. If the disruption or

suspension creates a hazard to the Reservation, such as fires burning in the area, ,the

Rincon Fire Department shall be notified immediately of such circumstances and

informed where additional water service can be accessed.

6.1.18 Responsibility for Private Plumbing

The Utility Department has no responsibility for the maintenance of private plumbing of

a customer beyond the meter or connection point of ownership by the Utility Department.

The customer shall be responsible for his/her own household plumbing. The Utility

Department shall not be responsible for any loss or damage caused by the improper care

or wrongful act of the customer or any of his/her tenants using, installing or maintaining

or operating such plumbing. The Utility Department shall not be responsible for damage

to property caused by spigots, faucets, faulty pipe that are open when the water is turned

on at the meter, either when the water is turned on at the meter or turned on after a

temporary turn off. Customers having water heaters, refrigeration or other devices

requiring continuous supply of water should take the necessary actions to prevent any

damage or injury to such devices as a result of the water supply. The Utility Department

shall be held harmless at all times from any claims resulting from matters involving

quantities, quality, time or occasion of delivery, or any phase of maintenance, operation

and service of a customer's plumbing, except by specific agreement that is approved by

and signed by the Committee and owner of the premises.

6.1.19 Utility Department Consent

No premises shall connect, re-connect, disconnect, or other private use of the water

supply or trash service without prior written consent of the Utility Department. No

consent shall be given until proper application has been made as provided in Section

6.1.9, and the applicable charges have been paid in accordance with this Ordinance. No

construction of any private water system for commercial use is authorized without prior

written permission from the Committee.

6.1.20 Notices

Notices from the Utility Department to the customer will be given in writing, either by

mail or delivered to the last known address. Where conditions warrant and in

emergencies, the Utility Department may resort to notification either by telephone or

door to door. Notices from the customer to the Utility Department may be given verbally

at the General Services Building or submitted to the Department in writing. A trash

schedule will be given to customers, and customers will be notified in writing by mail or

hand delivery.

6.1.21 Water Shortages and Interruption of Service

The Utility Department shall make a reasonable effort to furnish and deliver a continuous

and sufficient supply of water to the customer, and try to avoid any shortage or

interruption of delivery of the same. The Band or Utility Department will not be

responsible for any loss or damage occasioned thereby, if the same is caused by accident,

so-called Act of God, fire, strike, riot, war, or any other cause. In the event of a water

shortage proclaimed by the Committee, the Utility Department shall implement the

Rincon Emergency Response Plan, Section 5, titled "Emergency Water Use

Restrictions", and institute restriction stages for the water system.

6.1.22 Solid Waste Collection

Non-recyclable/non-hazardous household waste in a standard waste cans, or plastic bags

set out for collection must not exceed 50 Ibs. If such containers or plastic bags exceed 50

Ibs. solid waste they will not be collected. It shall not be the responsibility of the Utility

Department to collect solid waste that has been knocked over or scattered. If such an

incident occurs, the customer's solid waste collection will be the following week.

6.1.23 Bulk Items

The Utility Department shall not remove, haul away or dispose of any "bulk" items such

as refrigerators, furniture, washing or drying machines or any other item weighing over

50 Ibs. and not capable of fitting inside the Utility Department's trash vehicle.

6.1.24 Sharp Waste

The Utility Department requires that all sharp wastes as hypodermic needles, pen needles,

intravenous needles, lancets and other devices that are used to penetrate the skin for the

delivery of medications within a household, including a multifamily residence or

household, be transported to a collection center in an approved sharps container.

6.1.25 Hazardous Waste

The Utility Department shall not haul away any items that are considered hazardous

waste such as paint cans, propane tanks, and any gasoline or kerosene cans that may have

liquid in them. A minimum of two (2) Reservation clean-up days will be scheduled every

year, one for Band Members and one for non-Band Members, where these items may be

disposed of properly. Non-Band Members will be assessed a fee for disposal of all

hazardous waste.

ARTICLE IV. TEMPORARY SERVICE CONNECTIONS, CROSS

CONNECTIONS AND BACKUP SERVICE

6.1.26 Temporary Service General Provisions

Temporary services, whether from a fire hydrant or otherwise, are installed for the

convenience and use of individuals, contractors and companies doing construction work.

However, temporary services are not limited to construction purposes, but may be

installed at the discretion of the Utility Department. Any temporary service may be

discontinued during an emergency for the duration of the emergency that shall be

determined by the Utility Department.

6.1.27 Applications

An applicant who desires temporary water service must fill out a temporary service

application at the Housing Department.

6.1.28 Duration

Temporary service connections shall be terminated within six months after installation

unless the applicant makes a written application for and receives written extension of

time from the Utility Department.

6.1.29 Meter Charges and Responsibility

The applicant for temporary service shall be responsible for loss or damage to the

temporary service connection and shall be charged in accordance with Article V, Section

6.1.54.

6.1.30 Cross Connection General Provisions

There shall be no connections installed, located, maintained or operated between the

Rincon water supply, including its appurtenant mains, pipes, fixtures and equipment, and

any other water supply which may or may not cause contamination or pollution of the

water and physical parts of the Rincon water system without permission of the Utility

Department and approval by the Committee. The Utility Department shall have the right

to discontinue the service of water to the premises where such conditions exists.

6.1.31 Protection from Cross Connection and Backflow

Water service connections shall be protected from the hazards of cross-connection and

backflow in accordance with the Utility Department cross-connection control program.

6.1.32 Installation and Maintenance of Devices

Backflow protection devices shall be installed and shall be maintained at the expense of

the customer, and shall comply with all regulations of the Utility Department crossconnection control program.

6.1.33 Discontinuance of Service

The service of water to any premises shall be discontinued by the Utility Department,

after reasonable notification, if unprotected cross-connection exist on a premises, or if a

defect is found in an installed backflow protection device, or if backflow device has been

removed or bypassed, and service will not be restored until such conditions or defects are

corrected. Discontinuance may be immediate and without notice whenever, in the

judgment of the Manager, such action is necessary to protect the water supply or safety of

the system and its customers. The Utility Department determination shall be final and

conclusive.

6.1.34 Metering of Back-Up Water Service and Backflow Prevention

Within sixty (60) days from adoption of this Ordinance, all property owners with "backup" water service shall be responsible for installing a meter for his/her back-up water

connection. The property owner shall also install a backflow protection device for the

"back-up' water connection.

6.1.35 Cost of Installation

The cost of installing a water meter, meter box, labor and all necessary pipe and fittings

as well as a backflow protection device shall be borne by the customer and shall be in

accordance with Article V.

6.1.36 Water Fee

A property owner will be charged for his/her back-up water use as provided for under

Article V, §ection 6.1.53.

ARTICLE V. FEE SCHEDULES, BILLINGS AND ANY ADDITONAL

CHARGES

6.1.37 Fee Schedule Establishment

The Committee shall set and periodically review fees and charges for the water and solid

waste disposal services. The Committee may, at its discretion, hold public meetings

regarding these Utility Department fees and charges. Fees and charges shall be set at

levels which cover the costs of safe and efficient provisions of services to the community.

In establishing Utility Department fees and charges, the Committee shall take into

consideration: (1) the cost of providing water and solid waste disposal services; (2) the

cost of maintaining and operating the Utility Department; and (3) the cost of replacement,

repairs and improvements to the Utility Department services provided.

6.1.38 Tribal Members

Band Members shall be exempt from domestic water and solid waste disposal service

fees; but shall comply with all sections of this Ordinance and Utility Department

regulations set forth, however, they will be charged fees for the utilities used by nontribal members residing on their premises in accordance with Section 8.14 of this Article.

6.1.39 Non-Members

Non-tribal member land owners on the reservation shall be assessed a monthly fee for

water and solid waste disposal services. All Band Member property owners who allow,

rent or lease units on their premises to non-members will be assessed water and/or solid

waste disposal fees or charges for each occupied unit.

6.1.40 Electronic Filing System

The Utility Department Manager or his/her designee shall create an electronic filing

system that identifies units occupied by non-tribal members using digital photographs.

Additionally, the Finance Department shall create, and the Utility Department Manager

shall approve, a list of all property owners (members and non-members) who offer units

for rent or lease. The report shall be generated and updated monthly and, in addition to

listing the property owner, the report shall include the number of rental units each

premises owner has available for occupancy. This report shall be used to confirm the

number of available and occupied units.

6.1.41 Owner Responsibility

It shall be the property owner's responsibility to notify the Utility Department or his/her

designee no later than the 20th of each month of any unit vacancies. Failure to timely

notify the Utility Department of a vacant unit shall result in the Finance Department

calculating charges for service to the unit.

6.1.42 Manager Responsibility

It shall be the Utility Department Manager's or his/her designee's responsibility to certify

the number of occupied units to the Finance Department, no later than the 25th of each

month. The Utility Department Manager shall confirm the occupancy of a unit by

visually inspecting the status of the unit(s).

6.1.43 Finance Department Responsibility

It shall be the responsibility of the Finance Department to deduct from Band Members

monthly per capita distribution appropriate water and solid waste disposal fees or

charges, by multiplying the current rate for service by the number of non-member

residents occupying the units on the premises. The Finance Department shall also be

responsible for issuing monthly invoices to non- tribal members living on his/her lands

within the boundaries of the Reservation or who allow non-tribal members to reside, rent

or lease his/her premises. The Finance Department may issue charges for a partial month

of occupancy to the property owner.

6.1.44 Billing Responsibility

The property owner shall be responsible for the water and solid waste disposal services

used by non-member occupiers of their premises. The owners shall be liable for all costs

associated with these services.

6.1.45 Monthly

Monthly invoices for water and solid waste disposal shall be issucd on the first day of

each month.

6.1.46 Time of Payment

Payments for water and solid waste disposal services are due on the 10th of every month

and are considered delinquent if not paid by the 10th of the following month and charges

or fees shall be subject to finance charges pursuant to Section 6.1.47.

6.1.47 Delinquent Accounts

The basic rate for nonpayment of charges for water and solid waste disposal services

shall be ten percent (10%) of each month's charges and other penalties, Article 6, Section

6.1.55.

6.1.48 Notice of Delinquency

When a water or solid waste disposal bill becomes delinquent, the Finance Department

shall mail a notice to the customer and Utility Department stating that the water or solid

waste disposal service will be discontinued. The customer shall have thirty (30) days

after the date of mailing to pay the bill. If the customer does not dispute the bill and full

payment is not received, the service shall be discontinued, as provided in the notice. See

Article VI for further enforcement actions of non-compliance with this Ordinance.

6.1.49 Conditions for Services and Payments

As a condition of receiving services from the Utility Department, the customer agrees to

comply with all provisions of this Ordinance, and any regulations duly adopted by the

Utility Department as well as any other applicable federal codes or regulations.

6.1.50 Domestic Water and Solid Waste Service Rates

The current monthly rates for domestic services are as follows, but are subject to

adjustment by the Committee:

Water- $60.00 per month Solid Waste Disposal- $45.00 per month

Customers shall be given a thirty (30) day written notice before a rate change becomes

effective.

6.1.51 Commercial Water and Solid Waste Services

The current monthly rates for commercial services are as follows, but are subject to

adjustment by the Committee:

Water - $120.00 per month Solid waste disposal - $90.00 per month

Customers shall be given a thirty (30) day written notice before a rate change becomes

effective.

6.1.52 Installation Costs or Fees

The current installation fees for a new meter and connection are as follows, but are

subject to adjustment by the Committee:

Band Members: Ist connection is free

Band Members: 2nd connection $1,500.00

Non-Band Members: Ist connection: $1,500.00

Non-Band Members: 2nd connection $3,000.00

6.1.53 Back-Up Service Fee or Charge

The current monthly base rate for a back-up service fee shall be determined by the

Committee.

6.1.54 Temporary Service Deposit

The temporary user will pay the Band a deposit of $500.00 to guarantee return of the

meter and payment of the water charge. The deposit shall be credited against the water

fee and any unused portion will be returned to the user when the water meter is returned

to the Utility Department.

Water shall be assessed at $3.00 for recycled water per 100 cubic foot, and if unavailable

then domestic water can used at $5.00 per 100 cubic foot.

ARTICLE VI. ENFORCEMENT AND PENALTIES

6.1.55 Authorization to Enforce

The Utility Department, in conjunction with the Finance Department, is hereby

authorized to collect established fees or charges for water and solid waste disposal

services and to impose sanctions and penalties for non-payment to ensure compliance

with this Ordinance. The Utility Department shall enforce its regulations, fee collections

and provisions of this Ordinance by shutting off water service of any and all violators and

delinquent bill-payers or imposing other penalties and sanctions as authorized.

6.1.56 Penalty Schedule

The Utility Department shall develop and adopt a penalty schedule which outlines

specific penalties, fines and assessments for violation and non-compliance with the

provisions of this Ordinance. The penalty schedule shall be reviewed for appropriateness

annually by the Utility Department.

6.1.57 Notice of Noncompliance

Should the Utility Department determine a customer is in noncompliance with this

Ordinance or a Utility Department regulation or policy, the Utility Department shall serve

a customer a written notice of non-compliance and inform him/her that he/she has five (5)

days to notify the Utility Department to contest the notice of non-compliance. If the

customer timely notifies the Utility Department and agreement can be reached ona plan

of compliance, the Utility Department shall prepare a written statement to be signed by

the customer acknowledging the violation and corrective plan. If the customer fails to

comply with this corrective plan or fails to timely respond to the notice of noncompliance, the Utility Department may impose any of the sanctions set forth in Section

6.1.58.

6.1.58 Sanctions Authorized

The following sanctions may be imposed by the Utility Department for failure of the

customer to comply with any provisions of this ordinance or with any duly adopted

regulation of the Utility Department:

A. Termination of service(s);

B. Assessment of penalties based on a penalty schedule adopted by regulation of the

Utility Department;

C. Assessment of late charges based on a schedule adopted by regulation of the

Utility Department;

Assessment of damages resulting from the customer's non-compliance;

E. Forfeiture of all or part of a deposit;

Filing of a lien against the customer's property after the account is declared

delinquent;

G. Enforcing a lien by seeking a judgment, and satisfaction from the customer's

property from a court of competent jurisdiction;

H. Filing damages suit in a court of competent jurisdiction; and

I. Referring violations that may involve criminal conduct to the police or prosecutor

or appropriate law enforcement agency.

6.1.59 Sanctions Guideline

The Utility Department shall use the following guidelines when considering the

appropriate sanctions to be imposed in any given case:

A. Whether the sanction is required by this Ordinance or other applicable law, or

whether imposition is discretionary;

The minimum sanction needed to effect compliance;

The irreparable harm to the customer and/or family if the sanction is imposed;

The irreparable harm to operation of the Utility, and to the Tribe, if the sanction is

not imposed;

E. The customer's past record of compliance or non-compliance, or good faith efforts

to achieve compliance;

F. The customer's statement or behavior indicating the likely success of a given

sanction securing compliance;

G. The irreparable harm to other persons or property if the sanction is not imposed;

and

H. The effectiveness of similar sanctions in securing compliance in other cases.

6.1.60 Garnishment of Per-Capita Distribution

Should the Utility Department assess a Band Member customer a late charge or damages

for non-compliance, the Utility Department shall request the consent of the Committee,

for a garnishment of the Band Members per capita, as provided in the Band's Revenue

Allocation Plan. Article 5, Section 2. The Revenue Allocation Plan says in relevant part:

"the Business Committee shall garnish per capita payments for monies owed to the Band

by Band Members and/or their renters/lessees.". The Business Committee may delegate

this authority to the Utility/Finance Department Manager to act on its behalf to withhold

the distribution under this provision.

6.1.61 Dispute Resolution of Violation of the Ordinance and/or Department of

Regulations or Policy

Ifa customer disputes that he/she is in violation of this Ordinance or a Utility Department

regulation or policy under Section 6.1.55, and the dispute cannot be resolved between the

customer and the Utility Department, the customer may file a notice with the Rincon

Tribal Court requesting the Court to resolve the matter. The customer shall file his/her

request with the Court no less than ten (10) days from his/her unsuccessful meeting with

the Utility Department (or Committee) under Section 6.1.57. The Tribal Court shall treat

the customer's case as a civil infraction and proceed under Title I of the Intertribal Court

of Southern California, Rules of Court and Code of Civil Procedure. Judgments of the

Rincon Tribal Court may be enforced by garnishment of tribal members’ per capita as

provided in the Band's Revenue Allocation Plan.

ARTICLE VII. MISCILLANIOUS PROVISIONS

6.1.62 Validity, Severability

The invalidity of any section, clause, sentence or provision of this Ordinance shall not

affect the validity of any part of this Ordinance which can be given affect without such

invalid part or parts.

6.1.63 Amendments

The Committee has the authority to amend this Ordinance at any time.

Rincon Utility Department

General Services Building

33483 Valley Center Ca 92082

Phone: 760-297-2330 Fax: 760-297-2329

APPPLICATION FOR WATER SERVICE

New Service [_] Existing Service [_]

Property Owner Name: Phone:

Property Owner Address:

Contact Person: Phone:

Street Address:

Location of Property to be Served

City:

Lot No.

Tenant Name:

No. of Living Units

Phone:

I understand and agree to all conditions for water service set forth in this application.

Signed: Date:

Owner/Representative

a EE

Rincon Public Works Use Only

Monthly fees are determined by the no. of living units on the property

No. of Units

Monthly Water Fees $65.00

Total Monthly Water Fees

Payment of the foregoing fees under the Rincon Band Luisefio Indians Water Ordinance and is hereby

acknowledged.

Received by: Date:

Notes:

6.1.64 Suspension of Ordinance

No employee, officer, contractor or agent of the Band is authorized to suspend or alter

any provision of this Ordinance without the formal approval of the Committee.

6.1.65 Sovereign Immunity

Nothing in this Ordinance shall be construed as an implied or express waiver of the

Band's sovereign immunity.

CERTIFICATION

We, the undersigned, as the governing body of the Rincon Band of Luiseno Mission

Indians of the Rincon Reservation, California, do hereby certify that the Rincon Business

Committee is composed of five (5) members of whom constituting a quorum were

present at a meeting duly held on (2 |S5prey avote of > in favor, © against,

absent, and () abstaining.

ph ley

Bo Mazzetti, Chairman

Stephanie Spencer, Vice Chairwoman Gilbert Parada, Cotuncil Member

Leese: Ap

Charlie Kolb, Council Member Steve Stallings, Council Member