Resolution No. 540

Requiring District Customers to Reimburse the BCPUD for Repair Costs to BCPUD Infrastructure for Damage Caused by Customers.
             WHEREAS, the Bolinas Community Public Utility District (“BCPUD”) regularly experiences damage to its infrastructure, including but not limited to its water distribution system and associated equipment located in the BCPUD rights-of-way, in other public rights-of-way and elsewhere within the district.

            WHEREAS, this damage frequently has resulted from customer conduct, including but not limited to the failure of district customers and/or their agents to timely notify the BCPUD and/or the Underground Service Alert (“USA”), as required by applicable law, of work to be conducted in or near the public rights-of-way, such as grading, ditching, fence construction, tree removal and the like.

            WHEREAS, the Board of Directors of the BCPUD has determined that the costs of repairs to BCPUD infrastructure (i.e. hourly labor, equipment use/rental charges and materials costs) resulting from customer conduct properly should be borne by the responsible customer(s) and not the entire district.

            NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the BCPUD that when the General Manager reasonably determines that damage to BCPUD infrastructure has been caused by a customer(s) (and/or a customer‘s agent(s)):
  1. the General Manager shall prepare an accounting of the costs incurred by the BCPUD to fully repair the damage caused to its infrastructure (including but not limited to hourly labor costs, equipment use/rental costs, materials costs),

  2. the General Manager shall forward the accounting of repair costs to the responsible customer(s) (and/or customer’s agent(s))  with a demand for reimbursement of same within thirty (30) days, which demand shall state that a failure by the responsible customer to fully reimburse the BCPUD for its costs of repair within the timeframe specified (and any reasonable extensions granted by the General Manager) shall result in legal action by the BCPUD against the responsible customer to collect said costs of repair.

  3. A customer (and/or customer agent) may appeal a demand for reimbursement from the BCPUD’s General Manager directly to to the BCPUD’s Board of Directors if a written appeal is delivered to the district within thirty (30) days after the date of the General Manager’s demand for reimbursement.  No special form of appeal is required.  If the district receives a timely written appeal, it shall set an appeal hearing before the Board of Directors either at the next regular meeting of the Board of Directors or at a special meeting of the Board of Directors (provided, however, that a special meeting of the Board may not be scheduled any sooner than five (5) days after the district’s receipt of the customer’s appeal).  Upon setting the appeal hearing, the BCPUD shall forthwith give written notice of the time and place thereof to the customer (and/ or customer agent) by either first-class mail or personal delivery.  At the appeal hearing, the Board of Directors shall consider the matter de novo and both the customer (and/or customer agent) and the BCPUD may present witnesses, documents or other evidence to show whether the BCPUD is entitled to reimbursement from the customer (and/or customer agent) for its costs of repair.  At the conclusion of the hearing, the Board of Directors shall render its decision by motion recorded in the district minutes.  The decision may incorporate any reasonable conditions and shall be forthwith transmitted to the customer (and/or custome agent) by either first-class mail or personal delivery.  

            IT IS HEREBY CERTIFIED that this resolution was duly introduced and adopted

by the Board of Directors of the Bolinas Community Public Utility District this 20th    

day of December, 2006, by the following vote:

AYES:   Amoroso, Kimball, McClellan, Siedman, Smith

NOES:   None




                                   Jack Siedman       
                    President, Board of Directors

______Jennifer Blackman___