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| Note: Policy Bulletins
are constantly being updated. Some changes may not have been posted so
it is advisable to contact the Miller office if you have a question since
the official Policy Bulletins are filed in a master copy at the office.
The only Policy Bulletins that have been posted are those that deal directly
with Mid-Dakota customers.
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Policy Bulletin 100 -
Definitions and Objectives |
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DEFINITIONS: EQUIVALENT RURAL HOUSEHOLD: the quotient of the minimum monthly bill for the classification of the proposed hookup divided by the minimum monthly bill for a one-service unit rural household. By way of example and not limitation, the number of Equivalent Rural Households for a five unit rural household is 2.0. (Five-unit rural household minimum bill of $65.50 divided by one unit rural household minimum bill of $32.80 equals 2.0) EXTRAORDINARY CIRCUMSTANCES: those circumstances in which the Board of Directors, in its sole and exclusive discretion, determines that it would not be in the best interest of the system and all its members to devote monetary resources to construct a service line to an Initial User. HOUSEHOLD USE: the use of water for drinking, washing, sanitary, culinary and other household purposes. HOUSING DEVELOPMENT AREA: a tract of property that has been properly platted into residential lots for resale to individual homeowners. INITIAL USER: any person or entity (other than a special User) that made application and paid the appropriate fees prior to June 1, 1993 (February 1, 1994, for special Users only). LAWN WATERING USE: the use of water for irrigation of a noncommercial family garden, trees, shrubbery or orchard not greater in area than one acre. LIVESTOCK USE: the use of water for stock watering. MAIN TRANSMISSION PIPELINE: pipeline greater than 12 inches in diameter and capable of transporting more than 1,200 gallons of water per minute, laid to line and grade with topsoil replacement and compaction, and requiring a right-of-way during construction of 50 to 100 feet, depending upon size. The Board of Directors in its sole and exclusive discretion, may designate any other transmission pipeline as Main Transmission Pipeline if such designation is appropriate. MAINLINE: pipeline generally paralleling public right-of-way and section lines and making up the distribution system of the Corporation. Mainline will generally be located so that it serves or may serve more than one User. MEMBER: all water Users who have complied with the requirements of these Rules and Regulations shall be members of the Corporation. Memberships shall run with the land on which the water user hookup is located (or to be located). Tenants who have obtained written authorization from their landlords for service are members. MINIMUM BILL: (also referred to as service charge) a fixed monthly (or annually in the case of Livestock Taps) charge designed to recover customer costs including but not necessarily limited to debt service costs. The Service Charge "Minimum" DOES NOT include any volume of water. The Service Charge "Minimum" is charged whether or regardless of any water used. RECOGNIZED TOWNS: communities incorporated as municipalities pursuant to South Dakota law. Communities not incorporated pursuant to South Dakota State law but recognized by the Mid-Dakota Board of Directors as exhibiting municipal tendencies with regard to community water distribution. The following are recognized towns: Artesian, Lane, Orient, Agar, Harrold, Yale, Forrestburg, Lebanon, Polo, Virgil and Broadland. HOUSING DEVELOPMENTS: an area containing platted lots approved by the county, usually located near a city or town. To be considered a "Housing Development", a minimum of 10 or more dwellings must exist and the purpose of the platted lots and dwellings are for primary residences and other establishments that are not of a seasonal nature. Individual hookups in developments with nine or fewer platted lots will be treated as rural households for billing purposes unless listed below. The Mid-Dakota Board of Directors in its sole and exclusive discretion may determine if an area is to be considered and defined as a "Housing Development". Nothing in this policy or the definition is intended to imply a right to have an area considered a "Housing Development" regardless if one or more of the defining conditions are met. Recognized "Housing Development" areas include but are not limited to: Del Acres, Shamrock Addition, Buhl's Addition, Camelot, Pheasant Run, Green Grass Ridge, Sunset Meadows & Ridge, H & C "Flyaway Acres", McGee's Subdivision including North Forty Acres and Whispering Pines (all in Hughes County); Beck's 1st & 2nd Subdivision, Howard's Outlots, Morningside Subdivision and Schroeder's Subdivision (all in Beadle County). RESORT AREAS: an area containing Platted Lots approved by the county, usually located near a recreational lake or river with a central Office, C-Store, Bait Shop or other Commercial establishment. To be considered a "Resort" area, a minimum of 5 or more dwellings must exist, and the primary purpose of the platted lots are for cabins, cottages, second homes or other such dwellings of a nature that is seasonal or part time occupancy. The Mid-Dakota Board of Directors in its sole and exclusive discretion may determine if an area is to be considered and defined as a "Resort". Nothing in this policy or this definition is intended to imply a right to have an area considered a "Resort" regardless if one or more of the defining guidelines are met. Recognized resort areas include but are not limited to: Lake Byron (Beadle County), Twin Lakes (Jerauld & Sanborn Counties), Cottonwood Lake (Spink County), Whitlock Resorts (West and South), Riverview Subdivision ("Sunset Lodge", Garrigan's Landing including Okobojo Estates, and Little Bend Development. SEASONAL USE: water used on a seasonal basis (excluding livestock use). Generally, the type of water use pattern associated with a lake cabin. SERVICE LINE: the pipeline running from the main line to the Water User Connection Point. SERVICE UNIT: a unit of hydraulic design capacity equal to 1,080 gallons per day and as further defined in the Final Engineering Report. It is intended that one Service Unit will provide sufficient capacity for one rural household use on a demand basis and a limited amount of livestock use uniformly delivered throughout the 24-hour daily period. TEMPORARY DISCONNECT: any interruption of water service not of permanent nature. TENANT: in case of a tenant water service location, the person paying the water bill shall be considered the member for voting purposes. Where both the landowner and his tenant have signed water user agreements for the same location, then only the member paying the water bill to the Corporation shall be entitled to vote. WATER RATE: that part of Mid-Dakota's water rate structure that provides a charge per 1,000 gallons of water actually used. WATER USER CONNECTION POINT: the point at which the water User's private system is connected to the Service Line. YARD AREA: the area of a farmstead, rural residence, cabin, place of business, commercial feed lot, house lot or other accepted and approved service location which contains buildings, fences, wells, windmills, buried pipes, buried wires, sewers or other obstructions so that the installation of buried waterline by large high production trenchers is rendered impractical or difficult. OBJECTIVES: 1. To establish Rules and Regulations setting forth the Corporation's intentions for the conduct of the business affairs of the Corporation in a manner that will result in a successful operation. 2. To treat all water Users alike with respect to recurring situations by establishing Rules and Regulations. 3. To provide high-quality service to the water Users of the Corporation at lowest possible cost, and consistent with sound business practices. 4. To make known to the water Users the Rules and Regulations of the Corporation. 5. To create a favorable image among the water Users and general public. 6. To promote maximum beneficial utilization of water among the Users by providing additional services desired by water Users. 7. To represent at all times the interests of the water Users in the most fair and equitable manner. _____________
Policy Bulletin
101 - Duties of Board of Directors PURPOSE
This policy has been
adopted to set forth the duties of the Board of Directors (Board) as they
govern the Corporation. TERMS OF POLICY The Board, subject to the restrictions of the law, the Articles of Incorporation, and By-laws, shall exercise all of the powers of the Corporation. Without prejudice to or limitation upon their general powers, it is hereby expressly provided that the Board shall have, and are given, full power and authority to perform the following duties and functions: A. To pass upon the qualification of members and to cause to be issued appropriate certificates of membership. B. To select and appoint all officers, agents, or employees of the Corporation or remove such agents or employees of the Corporation at the pleasure of the Board, and to prescribe such duties and designate such powers as may be consistent with these Bylaws, and fix their compensation and pay for faithful services. C. To borrow from any source money, goods or services and to make and issue notes and other negotiable and transferable instruments, mortgages, deeds of trust and trust agreements and to do every act and thing necessary to effectuate the same. D. To prescribe, adopt and amend, from time to time, such equitable and uniform Rules and Regulations as they, in their discretion, may deem essential or convenient for the conduct of the business and affairs of the Corporation and the guidance and control of its officer and employees, and to prescribe adequate penalties for the breach thereof. E. To order, at least each year, an audit of the books and accounts of the Corporation by an accountant. The report prepared by such accountant shall be submitted to the members of the Corporation prior to their annual meeting. F. To annually prepare and submit to the members a proposed budget for the succeeding fiscal year, and to adopt such a budget prior to the commencement of the succeeding fiscal year. G. To fix the charges to be paid by each member for services rendered by the Corporation to him, the time of payment and the manner of collection. H. To require all officers, agents and employees charged with responsibility for the custody of any of the funds of the Corporation to give adequate bonds, the cost thereof to be paid by the Corporation and it shall be mandatory upon the Board to so require. I. To select one or more banks to act as depositories of the funds of the Corporation and to determine the manner of receiving, depositing and disbursing the funds of the Corporation and the form of checks and the person or persons by whom the same shall be signed with the power to change such banks and the person or persons signing such checks and the form thereof at will. J. To create and appoint all committees and to delegate such duties as allowed by law, the Articles of Incorporation and the Bylaws. _____________
Policy
Bulletin 102 - Duties of the General Manager PURPOSE The purpose of this policy is to identify the duties that are a part of the position of General Manager for the Corporation. Performance of these duties in an competent manner is essential to the efficient operation of the Corporation. TERMS OF POLICY A. Manager’s Responsibilities: 1. The Manager is charged with the full responsibility of executing the policies and procedures established by the Board of Directors. The Manager has the full responsibility for initiating plans for the development, installation, and execution of a comprehensive and effective program of overall general management. 2. The Manager's primary functions are to provide adequacy of the physical system in relation to the needs of existing and potential consumers, to budget all resources and to develop and maintain an operating program designed to keep the Corporation service to its members at maximum efficiency through the maintenance of lines, service and adequate water supply.
3. The Manager shall have the responsibility of reviewing
revenues annually to determine their adequacy as well as the wholesale and
retail rates and their effect on 4. The Manager shall be further responsible for supervising an adequate accounting system and all related records, the maintenance of adequate inventories of parts and supplies, job training and safety program and labor relations. It is the manager’s responsibility to employ competent persons in all key positions and delegate the necessary responsibility and authority in their respective departments to accomplish tasks in the most efficient manner. The manager shall work through and with such committees as may be designated by the Board of Directors. The manager is responsible to maintain the Corporation in compliance with the terms of any loan or bond agreements made by the Corporation. B. Board of Directors’ Responsibilities: It is the responsibility of the Board of Directors to review the manager’s performance each month, and to advise the Manager when necessary in carrying out the Board's policies and procedures and to otherwise assist the manager without directly exercising the manager’s prerogatives. _____________
Policy
Bulletin 103 - Committees of the Board of Directors PURPOSE The purpose of this policy is to address the formation of the committees of the Board of Directors (Board). The use of committees is designed to streamline the deliberations of the Board by having a smaller group analyze an issue and thoroughly discuss it before bringing it to the full Board. Committees are an essential part of this Corporation and help the Board perform in the most efficient manner possible. TERMS OF POLICY A. The following standing committees are appointed by the Chairperson of the Board to assist the Manager. It shall be the function of these committees to act in an advisory capacity, determine the best procedures to meet or cope with problems and advise the Board on appropriate action: 1. Executive Committee 2. Budget Committee 3. Policy Committee 4. Labor Committee B. The Board Chairperson and Manager are ex-officio members of all standing committees. C. The Chairperson will preside over all committee meetings. D. All committees will be subject to call by the Chairperson of the Board and/or the Manager. E. The Board or Chairperson of the Board may also appoint ad-hoc committees to review and analyze other issues not germane to the work performed by a standing committee. _____________
Policy Bulletin 104 - Manager's Report to the Board of Directors PURPOSE It is important that the Board of Directors (Board) are kept informed concerning the operations of the Corporation. The Manager’s Report will contain information that will help the Board to make sound decisions for the efficient operation of business within the Corporation. TERMS OF POLICY A. The Manager shall present a complete summary of the operating report each month and a cash fund forecast. In addition, the Manager shall report on the progress of the Corporation including easements, engineering, new construction, rehabilitation, operations, maintenance, collections, legal matters, expenditures, disconnects, correspondence, meetings and plans for the coming month. B. This report shall be provided to the Board in written form and reviewed with the Manager at each Board meeting. C. The Manager at his/her discretion may designate other staff members to prepare and/or provide various portions of the Manager’s report to the Board. _____________
Policy Bulletin 105 - Director's Compensation & Reimbursable Expenditures PURPOSE Members of the Corporation’s Board of Directors are called upon periodically to represent the membership at meetings and other gatherings. While attending these functions, the Directors are reimbursed for their time and expenditures in the manner set forth in this policy. TERMS OF POLICY A. Directors may receive, upon submission of a voucher and/or receipt, compensation for mileage, meals, lodging and other reimbursable expenses for attendance at each meeting of the Board and for attendance at any other meeting on behalf of the Corporation. B. Expenses will be reimbursed at the rates provided for by Mid-Dakota Policy Bulletin 417. C. Directors will receive $100.00 per day or any fraction thereof for attendance in person at each meeting of the Board and for attendance in person at any other meeting on behalf of the Corporation. Directors will receive $50.00 per day or any fraction thereof for attendance by telephone at a meeting of the Board or attendance by telephone at any other meeting on behalf of the Corporation. The Chairperson or acting Chairperson of the board of directors will receive an additional $50 per day or any fraction thereof for attendance in person or by telephone at any meeting on behalf of the Corporation. _____________
Policy Bulletin 106 -
Policy Book Revisions |
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Policy Bulletins are important to the Corporation’s Board of Directors (Board), Membership and staff. They outline the procedures for the daily operation of this Corporation. This policy has been composed to establish the guidelines for development of policy bulletins and updating them to reflect the changes within the Corporation’s daily activities. TERMS OF POLICY A. The Manager shall have the responsibility to revise the policy book, bringing it up to date, and presenting said policies and/or provisions to the Board for approval. B. Policies shall be coded in such a way that policies can be added to the book without completely reprinting the book. C. A Policy Bulletin shall be issued for every policy adopted by the Board for the operation of the Corporation. D. Each employee and each Director shall from time-to-time be provided a full set of Policy Bulletins. E. At any time a policy is revised, a revised bulletin of the same number will be issued to replace the old bulletin. _____________ |
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Policy Bulletin 107 - Newsletter PURPOSE The purpose of this policy is to address the use of a newsletter to inform the Corporation’s membership and other interested parties of information regarding the operations of the Corporation. TERMS OF POLICY A. The name of the newsletter shall be “Quality on Tap!”. The Corporation may work with the South Dakota Association of Rural Water Systems to implement the development and publication of the newsletter. To accomplish this work, one or more representatives (most likely the General Manager and/or the Member Services Director) will serve on the Editorial Board to assist with the newsletter’s development. B. The chief objective of the newsletter is to inform the members about the Corporation, its policies and practices. C. The publication shall be non-political. D. All persons and entities executing a “Water User Agreement” or a “Water Supply Contract” with Mid-Dakota does hereby acknowledge that as part of their membership with Mid-Dakota Rural Water System, Inc., they agree to subscribe to the Corporation’s quarterly publication “Quality on Tap!”, the annual subscription rate being $4.20, with said subscription cost to be prorated on a monthly basis at a rate of 35-cents per month (or $4.20 if billed and paid annually) from the member’s monthly (or annual) water payment. _____________
Policy
Bulletin 108 - Visiting Officials at the Annual Meeting PURPOSE The purpose of this policy is to address the requests of visiting officials to speak to the Membership at the Annual Meeting of the Corporation. TERMS OF POLICY It shall be the policy of the Corporation’s Board of Directors that public officials attending annual meetings will be introduced during the annual meeting program and may be given up to five minutes to speak from the floor, provided that no political issues are discussed. The Board may allow more time if it is deemed necessary. _____________
PURPOSE There may be occasions when one or more person(s) ask to meet with the Board of Directors (“Board”). The purpose of this policy is to address the protocol to be followed when someone wishes to be placed on the agenda and/or address the Board during the meeting of the Board. TERMS OF POLICY A. Persons desiring to meet with the Board must notify the Manager at least 24 hours before the Board meeting. The Manager will set up a time for the person(s) to meet with the Board. B. Persons may each be allowed up to one-half hour of the Board’s time. C. The Board may grant a longer time if it deems necessary. _____________
Policy Bulletin 110 - Nominating and Election Procedures-Board of Directors PURPOSE This policy is to outline the nominating and election procedures for selecting a Board of Directors. The business and affairs of the Corporation shall be managed by a Board of Directors, which shall exercise all of the powers of the Corporation except those that are under law, Article of Incorporation or these By-Laws, conferred upon or reserved to the members or delegated to the General Manager. TERMS OF POLICY A. Nominating Procedure 1. Individual (rural) directors:
The candidate must be a member in good standing of Mid-Dakota and must
reside in the director district for which the candidate is nominated.
The candidate must stand for election in the
Nominations for vacancies in the office of individual (rural) directors must
be made by petition. A list of those persons who have taken out
nominating petitions will be maintained at the
In order to stand for election, the candidate must timely submit a petition
or petitions, on the form supplied by Mid-Dakota, containing the signatures
of not less than 15 bona fide members Joint ventures, corporations, partnerships and limited liability companies shall designate one person to sign on behalf of these entities.
If a membership is co-owned by spouses, parent and child, siblings, or any
combination thereof, referred to throughout this policy as a "Family Unit",
then only one member of the Family At the annual meeting, nominations from the floor are not permitted. 2. Municipal at Large directors:
Nominations for municipal at large directors will be made by recognized
member municipalities. Not less than 60 days prior to the annual
meeting, Mid-Dakota will provide notice of At the annual meeting, nominations from the floor for municipal directors are not permitted. 3. Municipal directors from the City of Huron: Nominations for municipal directors from the City of Huron (as provided by the Bylaws of Mid-Dakota) are not required. B. Election Procedure 1. Individual (rural) directors: a.
Annual Meeting: Directors will be elected by secret ballot.
Ballots shall be prepared by Mid-Dakota and distributed to eligible voters
who attend the annual meeting. Only those Voting by proxy is not permitted. "Write in" voting is not permitted. b.
By mail: Members may vote by mail on ballots provided by Mid-Dakota.
The ballot must be returned in the envelope provided by Mid-Dakota and must
be received no later than 4:00 p.m. c.
Eligible voters: Only members whose principal residence is within the
respective director districts will be entitled to vote for the candidate or
candidates (as provided by the Bylaws of Joint ventures, corporations, partnerships, limited liability companies, and Family Units shall designate one person to vote on behalf of these entities.
If a membership is co-owned by a Family Unit, only one member of the Family
Unit may vote. If multiple memberships are owned by the same joint
ventures, corporations, partnerships,
The Mid-Dakota Manager shall prepare a roster of members eligible to vote,
which roster shall be maintained at the office of Mid-Dakota. The list
shall be updated from time to time and 2. Municipal directors:
Municipal Directors shall be elected by secret ballot. Ballots shall
be prepared by Mid-Dakota and distributed to the authorized representative
of each member municipality. If voting at the
By mail: Municipal members may vote by mail on ballots provided by
Mid-Dakota. The ballot must be returned in the envelope provided by
Mid-Dakota and must be received no later than
Any member municipality may cast one vote for each existing vacancy.
The number of candidates equal to the number of vacancies who receive the
most votes will be declared the 3. Municipal directors from the City of Huron:
The City of Huron will designate the appropriate number of directors (as
provided by the Bylaws) by resolution of the governing body for the City of
Huron. Said resolution must be C. Miscellaneous: In the event of a tie, the winner shall be determined by the toss of a coin. If there is a tie involving more than two candidates, the winners shall be determined by drawing lots. All ballots
shall be tallied by an election panel consisting of three people selected by
the Mid-Dakota Board prior to the annual meeting. Mid-Dakota's
attorney shall oversee the tallying of all Attached as an
Addendum to this Policy Bulletin is a list of examples to assist the staff
and election officers when administering elections at the annual meeting.
These examples are D. Liberal construction: This Policy Bulleting 110 shall be liberally construed in favor of allowing members to vote. CROSS REFERENCE(S) PB 100, Definitions and Objectives; PB 101, Duties of Board of Directors; and Corporation By-Laws. _______________
Policy Bulletin 111 - Corporation's Responsibilities & Liabilities PURPOSE This policy has been developed to ensure that the User understands what is to be expected from the Corporation when the User has a hookup placed upon their property. The Corporation's responsibilities and liabilities are outlined throughout this policy. TERMS OF POLICY A. For Rural Household, High Consumption, and Municipal Household water user hookups the Corporation will install a service line from its Mainline to a point convenient to the Corporation at or near the edge of the Yard Area of the household, at which point the Corporation will install a meter pit and meter assembly. The Corporation will install Service Line to an approved, dry, frost proof Water User Connection Point provided by the water user in a house basement or suitable underground location. If an acceptable frost free Water User Connection Point is not available, the Corporation will install the Service Line as close to the household as possible to allow for connection. B. For Resort Home water user hookups, the Corporation will install a Service Line from its Mainline to a point convenient to the Corporation at the edge of the Yard Area of the home. The Corporation will install a meter pit, meter assembly and 10 foot pipe stub. C. For Livestock water user hookups, the Corporation will install a Service Line from its Mainline to a point convenient to the Corporation just within the property described in the water user agreement, not to exceed 325 feet of Service Line. The Corporation will install a meter pit, meter assembly and hydrant. D. For Special water user hookups, the details of the connection will be described in the water purchase contract. E. When two or more meters are installed on the same premises for different water users., they shall be closely grouped and each clearly designated to which water user it applies. F. The Corporation reserves the right to check all meters at any time and will cause all meters to be read at least annually. G. The water user's line or piping must be installed in such a manner as to prevent cross-connection, or backflow and all connections from other sources are disconnected. If the water user fails to so install the line or piping, the Corporation may refuse to provide service. H. The Corporation shall not be liable for damage of any kind whatsoever resulting from water or the use of water on water user's premises unless such damage results directly from negligence on the part of the Corporation. The Corporation shall not be responsible for any damage done by or resulting from any defects in the piping, fixtures, or appliances on the water user's premises. The Corporation shall not be responsible for negligence of third persons or forces beyond the control of the Corporation resulting in any interruption of service. I. When service is installed, the Corporation will furnish shower flow rate restrictors, low flow faucet aerators, toilet tank dams, and/or displacement bags. CROSS REFERENCE(S) PB100, Definitions and Objectives _____________
Policy Bulletin 112 - Water User Responsibilities PURPOSE This policy has been developed to ensure that each of the Users understands what is expected of them by the Corporation when they receive water service. The User's responsibilities are outlined throughout this policy. TERMS OF POLICY A. The water User shall provide a suitable place for a frost free pit for a meter placed on the water User's premises; it shall be unobstructed and accessible at all times for reading. B. For Rural and Municipal
Household water use hookups, the water User shall be responsible for
connecting his or her private system at the Water User Connection Point
provided by the Corporation. The water User shall install and maintain
a temperature/pressure relief valve or an approved expansion tank on his or
her water heater. The water User shall not operate or adjust the
Corporation's pressure regulator adjustment which will generally provide 45 psi or less at the Water User Connection Point. The water User shall
be responsible for his or her own plumbing and connection made to the
Mid-Dakota system and shall comply with the State of South Dakota's Plumbing
Code requirements. The Corporation recommends that the User's
connection be made with a physical break between his or her existing water
source and the Mid-Dakota system. If both are connected at the same
time the User shall install a "Reduced-pressure principle
backflow-prevention assembly" (RPZ) that is approved for this purpose by the
South Dakota State Plumbing Commission. All costs and responsibilities
associated with the purchase, installation, operation, maintenance, testing
and replacement shall be the responsibility of the Water Users. C. For all classifications of water user hookups, the water User is responsible for the service line after the Corporation's meter pit once the original installation contract warranty period has expired (4 years from the original contract substantial completion date). In the case of pipelines that have or may have high maintenance cost (slide areas, low water use, high water table, etc.), the Corporation reserves the right to refuse or discontinue water service to proposed or existing lines. D.
For Resort Home and Livestock water user hookups, the water User
shall be responsible for connecting his or her private system at the Water
User Connection Point. Frost-free hydrants shall not be installed at
less than 15 feet from the meter pit. The water User shall be
responsible for his or her own plumbing and connections made to the
system and shall comply with the State of South Dakota's Plumbing
Code requirements. The Corporation recommends that the User's
connection be made with a physical break between his or her existing water
source and the Mid-Dakota system. If both are connected at the same
time the user shall install a "Reduced-pressure principle
backflow-prevention assembly" (RPZ) that is approved for this purpose by the
South Dakota State Plumbing Commission. All costs and responsibilities
associated with the purchase, installation, operation maintenance, testing
and replacement shall be the responsibility of the Water Users. E. For Resort Home water user hookups, the water User shall be responsible for "winterizing" his or her private system from the Water User Connection Point. In the event that the User requests the hookup be shut-off or turned on at a time other than one scheduled by the Corporation, the User will be charged the appropriate "disconnect"/"reconnect" fee(s) as established by Policy Bulletin 204. F. For Subsequent and Late water user hookups, in all classifications except Special, the Corporation will provide all materials up to and including the meter pit and will hire a contractor to ensure the installation is in accordance with the Corporation's specifications. Usually, a Subsequent or Late User will be responsible for construction costs of his or her service line. G. For all classifications of water user hookups, except Special, the water User shall be responsible for protecting the Corporation's meter assembly from freezing regardless of where or by whom installed. The same is true of the Service Line on the water User's property. The water User shall pay for the cost of repair, water loss, and any other damage incurred because of freezing of any of the items stated in this paragraph. H. Water Users shall not hook the Water User Connection Point to the Service Line until they have been notified in writing to do so by the Corporation. Initial water Users shall be responsible for locating the private buried utilities within their yard area for the Corporation's Service Line contractor. In the event such utilities are cut due to inaccurate location (greater than plus or minus 2 foot variation); the water User will be responsible to repay the Corporation for the cost of repairing said utility. I. If the water User's piping on the water User's premises is so arranged that the Corporation is called upon to provide additional meter, each place of metering will be considered as a separate and individual water user hookup. J. The water User's private piping and apparatus shall be installed and maintained by the water User, and at the water User's expense, in a safe and efficient manner and in accordance with the Corporation's rules and regulations and in full compliance with the sanitary regulations of the South Dakota Environment and Natural Resources and the South Dakota State Plumbing Commission Code. The water User's private piping shall be installed in such a manner as to prevent cross-connection or backflow and be approved for that purpose by the South Dakota Plumbing Commission Code. K. The water User shall guarantee proper protection for the Corporation's property placed on the water User's premises and shall permit access to it only by authorized representatives of the Corporation. The water meter or flow control must be unobstructed and accessible at all times for checking. L. In the event that any loss or damage to the property of the Corporation or any accident or injury to persons or property caused by or resulting from the negligence or wrongful act of the water User, his agents, or employees, the water User shall pay the cost of the necessary repairs or replacements to the Corporation. Any liability resulting shall be assumed by the water User. The amount of such loss or damage or the cost of repairs shall be added to the water User's bill, and, if not paid, service may be discontinued by the Corporation. M. Water furnished by the Corporation shall be used according to the classification of the water User. Water shall not be used for purposes other than those specified in the Water User Agreement or Water Purchase Contract. Disregard for this rule shall be sufficient cause for refusal or discontinued service. N.
No water User may sell, meter or otherwise provide water to another person
or another person's property or extend service beyond the location described
in his water application except in the following situations: O. In regard to livestock water, the hydraulic design of the Corporation's water distribution system is based on livestock water being uniformly delivered throughout the 24-hour daily period. Where large numbers of livestock are present, water Users are responsible for providing on-farm water storage and appurtenances to accomplish a reasonable distribution of livestock water on demand. The water User may be required to provide a constant flow valve or other device acceptable to the Corporation. Such device shall be installed at all principal livestock water places. P. Water Users shall install low flow (2.5 gallons per minute or less at 20-80 psi) shower heads or shower head flow rate restrictors on all existing shower heads. Water Users shall install low flow (1.5 gallons per minute or less at 20-80 psi in bathrooms and 2.5 gallons per minute or less at 20-80 psi in kitchens) faucet aerators on all existing faucets with threads. Low flow shower head or faucet installation is not required on existing fixtures already meeting the preceding flow rate requirements. Water Users shall install toilet tank dams or displacement bags in all existing toilet tanks (to reduce per flush water use as much as practical). This provision shall not apply to existing water-saving (3.0 gallons per flush) or existing ultra-low-flush (1.6 gallons per flush) toilets. The above water conserving fixture modifications shall be accomplished within 90 days of when Member begins using Corporation water.
After the membership date (date of application and signature
upon Water User Agreement), any water fixtures installed as a result of new
construction or renovation shall not exceed the following water use:
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Policy Bulletin 113 -
Registered Agent PURPOSE To designate a registered office and registered agent as required by South Dakota law. TERMS OF POLICY The South Dakota Non-Profit Corporation Act (SDCL Ch. 47-22) requires that South Dakota not-for-profit corporations file with the Secretary of State the address of their registered office and the name and address of their registered agent. The Corporation hereby designates its registered office as 608 W. 14th St., PO Box 318, Miller, Hand County, South Dakota, and its registered agent is Kurt M. Pfeifle, Manager. ____________
Policy Bulletin 114 - Depreciation of
Equipment PURPOSE To establish guidelines for the depreciation of real and personal property owned by the Corporation. TERMS OF POLICY It shall be the policy of the Corporation that tangible personal property purchased by the Corporation at a cost at or exceeding $5,000, and real estate, including buildings, land and capital improvements, will be entered into the Corporation's accounting records as a depreciable asset and an appropriate depreciation schedule shall be developed and maintained for said property. For the purposes of this Policy, if not otherwise classified as such, any remodeling project with a cost of $20,000.00 or more shall be deemed a capital improvement and depreciated as provided in this Policy. Property not automatically depreciated as provided above may be listed and accounted for as a depreciable asset at the discretion of the General Manager or the Board of Directors. ______________
Policy Bulletin 116 -
Investment of Funds PURPOSE The Mid-Dakota Rural Water System, Inc., Board of Directors has established this policy to set guidelines, goals and strategies for the investment of corporate funds. TERMS OF POLICY A. GENERAL INVESTMENT PRINCIPALS: 1. General Compliance: Mid-Dakota will comply with any restrictions placed upon the funds by applicable law, the Grantor or Mid-Dakota Bylaws, rules or policies. 2. Compliance with Grant or Loan Funds: Mid-Dakota will comply with any provisions contained within applicable Grant or Loan Agreements and applicable Federal and State Laws. To the extent permissible, Mid-Dakota will endeavor to maximize funds received from governmental entities by depositing said funds in interest-bearing accounts. Said accounts for the deposit of governmental funds must be readily accessible and of negligible risk. 3. Preservation of capital: Protecting the principal investment is Mid-Dakota’s primary goal and concern; secondary goals and concerns are liquidity and yield. The Mid-Dakota Board recognizes that the funds for which they have been granted fiduciary responsibility are ultimately funds that belong to our member customers and that proper strategy for management of these funds must first-and-foremost include the protection and preservation of the invested funds. 4. Capital Growth: Mid-Dakota will identify an appropriate amount of funds to be allocated towards long-term growth. Said investments shall take into account the need to preserve the principal of the fund, but growth of the principal shall be the primary investment objective. 5. Returns greater than inflation: The subtext to any investment is to realize a return on your principal. Failure to outpace inflation will ultimately lead to a negative return on investment. Therefore, Mid-Dakota will endeavor to at a minimum surpass normal and expected inflationary indices, regardless if the investment is for the “Preservation of capital” or for “Capital growth”. 6. Percentages regarding portfolio composition: All percentages pertaining to the portfolio composition as provided below under “Investment Strategies” shall be computed on the invested dollars at the time an investment is made. Investment growth shall not be considered when determining percentages. Gains or losses on investments shall not immediately be applied to the percentages of the portfolio. Reasonable and adequate time shall be provided to the investment manager(s) to adjust the portfolio and bring it into compliance with the investment percentages provided, and managing said funds in a manner that will maximize the earning potential of invested funds. B. INVESTMENT STRATEGIES: 1. Short-term investments: Typically, a large share of Mid-Dakota’s funds that are eligible for investment should be targeted for a short-term (less than or equal to three-years) investment and managed in a manner that will maximize the earning potential of the funds and keep them liquid and at minimum risk. Mid-Dakota will deposit and invest funds in a manner so that not less than 70% of the total amount of funds available for investment is targeted for investment in such short-term, low-risk instruments. Mid-Dakota will attempt to avoid any investment instrument that includes substantial early withdrawal penalties. Examples of short-term, low risk investment instruments are: a. Certificates of Deposits (CDs) b. Fixed Rate Annuities (or fixed sub-accounts within Variable Annuities). c. United States Government Bonds. d. Investment grade corporate bonds with a Standard & Poors or Moody rating of not less than “A”. Not more than 10% of funds identified for “short-term investments” may be placed in this category. e. Money market funds or other such funds invested only in US Government securities, repurchase agreements, certificates of deposit, bankers' acceptances, or investment quality commercial paper.
2. Long-term investments: Funds deemed eligible for application of long-term investment strategies will typically be those funds that are not earmarked for a specific project, or capital that the Board does not reasonably expect to use within the next three years. Notwithstanding the aforementioned limitations, Mid-Dakota will invest its funds in a manner so that not more than 30% of the total amount of funds available for investment are held in securities, bonds, money markets, or equities. Not more than 70% of the funds invested under this subsection may be invested in instruments containing equities. The Board of directors must approve all investments to be made under this subsection. The Board may in its discretion delegate this approval power to a committee of the board. Examples of long-term, growth orientated investment vehicles are: a. Publicly traded common stocks of US companies. Equity mutual funds or unit trusts that hold such equities are acceptable. b. Common stocks of foreign corporations, but only if they are traded on U.S. Exchanges or are held in mutual funds or unit trusts. This portion shall not exceed 25% of the equity portion of long-term investments. c. Publicly traded fixed income investments. This portion shall not exceed 60% of long term investments. d. Private equity investments (including Real Estate Investment Trust (REIT) funds) or loans, provided that not more than 25% of the funds invested under this subsection may be invested via private placement. The board of directors in its sole and exclusive discretion may chose to make a loan upon terms to be decided by the board in lieu of or in conjunction with stock ownership. e. Fixed-income investments. All assets invested in short-term investments, investment grade corporate bonds or preferred stock and not more than 15% of the fixed income portion of the long-term investment will be invested in corporate high yield bonds which must be held in mutual funds or closed end funds. C. OTHER INVESTMENT AND FUND PRACTICES: 1. The allocation of investment assets for Mid-Dakota will be studied and recommended by the Budget Committee, the Corporation’s Secretary/Treasurer (if not already a member of the Budget Committee) and the General Manager. The full board of directors will be responsible for approval of the allocation of investments. The investments will follow the asset allocation mode as provided in the “Investment Strategies” section of this policy. The investments shall at a minimum be reviewed and rebalanced annually. 2. Mid-Dakota will attempt to maintain an account consisting of otherwise un-obligated funds in an amount not to exceed 25% of the current year annual budget, which account or accounts will be used to manage cash flow and for the day-to-day operations of Mid-Dakota. It is the goal of Mid-Dakota to invest any un-obligated funds in excess of said amount consistent with the “Investment Strategies” outlined above. CROSS REFERENCE(S) ____________
Policy Bulletin 200 - Water
User Fees PURPOSE The purpose of this policy is to establish the fees to be paid by Users for services obtained from the Corporation. These fees are subject to change depending upon, among other things, changes in the Corporation's cost of doing business. TERMS OF POLICY A. Explanation of fees: 1. Membership Fee: A Membership fee as established in Policy Bulletin 204 will be charged to any person or entity who is not at the time of application on the membership roles of the Corporation. This fee shall be in addition to any other fees required in accordance with the schedules below. 2. Application Fee: Except as otherwise provided below, an Application fee of $300 will be charged for each hook-up requested. If the hook-up will require extraordinary hydraulic studies that will cost more than the standard Application Fee, the Application Fee shall be equal to the actual cost of the hydraulic study. Refunds will only be given as provided in Policy Bulletin 201. 3. Capacity Charge: Capacity charges are determined by the number of "service units" or equivalent service units being requested by the applicant. Regardless of the type of hook-up and its designed capacity criteria, the capacity charge shall not be less than one service unit. If multiple service units are requested, the first service unit will be charged at full price and succeeding service units will be charged at $500 per each additional unit. B. Rural Household 1. One
Service Unit =
$1,800 2.
Two Service Units =
$2,300 3.
Three Service Units =
$2,800 4.
Four Service Units =
$3,300 5.
Five Service Units =
$3,800 6.
Six Service Units
=
$4,300 C. Livestock
1. Livestock Tap
=
$1,800 D. Municipal Household 1.
Municipal Household =
$1,800 E. Resort Home 1.
Resort Home
=
$1,800 F. Special Bulk 1. The fee for Class I & II Special Users, shall be equal to $1,500 for the first service unit or its equivalent, plus $500 for each additional service unit or its equivalent. A service unit equivalent is an amount equal to the gallons per minute requested by the potential user divided by 0.75, rounded to the nearest whole number. The applicant must sign, at a minimum, a 5-year water supply contract.
Example 10 GPM (13 equivalent service units) 2. The fee for Class III Special Users, shall be equal to $1,500 for the first service unit or its equivalent, plus $500 for each additional service unit or its equivalent. A service unit equivalent is an amount equal to the gallons per day requested by the potential user divided by 0.75 and then divided by 1,080, rounded to the nearest whole number. The applicant must sign, at a minimum, a 5-year water supply contract.
Example 14,400 GPD (18 equivalent service units) G. Future Housing Development Applicants The fees for Future Housing Developments are the same as those otherwise established by this Policy Bulletin 200, except that the "Capacity Charge" shall be multiplied by four for each lot or service requested by the applicant. In addition, the developer must provide and pay for the necessary service lines and distribution system within the development, and those improvements must be dedicated to the Corporation when construction is complete. H. Economic Development and Value Added Agriculture Projects The board of directors of the Corporation, in its sole and exclusive discretion, may reduce the hook-up fee for businesses, projects or other ventures that present a positive economic opportunity to parts or all of the Corporation's service area and water users within said area. A positive economic opportunity includes but is not necessarily limited to businesses, projects or ventures that would use large volumes of water at a desirable "load factor" (use divided by contracted capacity = load factor), would create jobs or would provide added value to the area's agriculture products (i.e. ethanol plants, soy bean processing, small grain mills and certain large livestock units). Nothing in this policy shall be construed to mean that an applicant or user has a right to a hook-up fee other than that which is established in this policy bulletin. I. Establishment of Payment Plans The Manager, at his/her sole discretion, may agree to the payment of fees in installments and with interest. The terms and conditions of any such plan will also be at the sole discretion of the Manager. CROSS REFERENCES PB 201, Refunds & Release from Water User
Agreement ____________
Policy Bulletin 201 - Refunds & Release
from Water User's Agreement PURPOSE This policy establishes the conditions under which a User may be released from his/her contractual agreement with the Corporation and refunds may be granted to the User. TERMS OF POLICY A. APPLICATION FEES B. CAPACITY FEES 2. If the Corporation, at
its sole and exclusive discretion, determines that a refund is allowable
under subsections (a), (b) or (c) of Section B.1 of this Policy
Bulletin, the member shall have the option to: 3. In no case will interest be paid on amounts refunded. 4. The Board of Directors, in its sole and exclusive discretion,
may release a
member from the contractual obligations of a water user agreement if: CROSS REFERENCE(S) PB 200, Water User Fees;
Policy Bulletin 202 - Water
Rates PURPOSE Water rates shall be determined and established by the Board of Directors and may be increased or adjusted by the Board from time to time as it deems necessary to meet the financial obligations of the project. TERMS OF POLICY A. Bills for water service are generally composed of three parts: 1. A monthly base or service charge, also referred to as a "minimum charge", is normally applied to debt service for the Corporation. There will not be any volume of water included in the monthly service charge. Nothing in this policy prevents the Corporation from charging "minimum charges" for expenses other than debt service. 2. A demand charge, also referred to as a water availability charge, is charged to compensate for the cost of normal operations of the system. 3. The water use charge is for actual water used. This charge is independent of and in addition to the minimum and demand charges. B. Water rates, as adopted, shall be attached to this policy and labeled as an appendix.
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