BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
Resolution No. 540
Requiring District Customers to Reimburse the BCPUD for Repair Costs to
BCPUD Infrastructure for Damage Caused by Customers.
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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)):
- 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),
- 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.
- 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
ABSTAIN: None
ABSENT: None
Jack Siedman
President, Board of Directors
attest:
______Jennifer Blackman___
secretary