Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
BATTLE MOUNTAIN BAND COUNCIL UTILITIES
Section 1.1 Purpose:
a. The purpose of the Battle Mountain Band Utility and Environmental Service Ordinance is to define the policies, establish, organize and identify the necessary rules and regulations for;
1. the operation, maintenance and management of the various public utilities located on the Battle Mountain Colony.
2. management for the provision of essential environmental services within Band jurisdiction.
Section 1.2 Policy:
a. It shall be the policy of the Battle Mountain Band Council to operate, maintain and manage the public utilities and essential environmental services on the Battle Mountain colony so that the community residents are provided with a high level of environmental services designed to minimize exposure to adverse conditions which could negatively impact the physical and environmental health of any individual of the community. It shall also be the policy of the Battle Mountain Band Council that the operation, maintenance and management of the public utilities and environmental services shall be carried out through an efficient program and in a financially responsible, cost effective, and self sufficient manner.
Section 1.3 Jurisdiction:
a. The authority to establish Tribal Utility and Environmental Services to all residents and organizations operating within the exterior boundaries of the Battle Mountain Colony is provided in Article 2 and Article 8 Section 3 of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.
ARTICLE II - DEFINITION OF TERMS
Section 2.1 General:
a. Unless the Context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be set forth in this Article II.
Section 2.2 Appurtenances:
a. "Appurtenances" are the real and personal property owned by the Battle Mountain Band Council located on, near or under the roadways and streets, such as the hydrants, valves, manhole covers and drains. Excluding power lines, gas, telephone and cable.
Section 2.3 Customer:
a. "Customer" means a person, business, agency or other organization that uses, is entitled to use, or is obligated to pay for the use of a provision of services from the Utility and Environmental Services of the Battle Mountain Band Council.
Section 2.4 Customer Lines:
a. "Customer Lines" are the potable water lines and sanitary sewer lines located immediately adjacent to, inside of, of under a customers residence or other building or property, which are either connected to utility service lines or are maintained by the customer separately from utility service lines
Section 2.5 Garbage:
a. "Garbage" shall mean all degradable and non-degradable refuse and solid waste without economic value that is generated through the course of normal living by the residents and organizations in the community.
b. Solid waste shall include only nonhazardous solid waste and shall not include industrial solid wastes, infectious wastes, and hazardous wastes, or any substance which could become hazardous wastes.
Section 2.6 Distribution System Lines:
a. "Distribution System Lines" are those potable water lines maintained by the Battle Mountain Band Council by which water utility services are provided to customers
Section 2.7 Collection Lines:
a. "Collection Lines" are those sanitary sewer lines maintained by the Battle Mountain Band Council by which sanitary sewage collection and disposal Services are provided by customers.
Section 2.8 Water Sewer System Specialist:
a. "Water Sewer System Specialist' shall mean an individual hired by the Battle Mountain Band Council to provide direct day to day preventive maintenance and operational service for the public water and sanitary sewer utilities.
Sewage Treatment and Disposal Systems" shall mean individual or community
septic tanks and subsurface drain fields and associated appurtenance that
collect, treat and dispose of liquid waste generated by customers.
Section 2.9 On-site sewage treatment and disposal systems:
a. "Off-colony" is any area located outside of the exterior boundaries of the Battle Mountain Indian Colony.
Section 2.11 Regulation:
a. "Regulation" is a rule or law or procedure duly adopted by the Te-Moak Western Shoshone Tribal Council for purposes of implementing the requirements of this ordinance.
Section 2.12 Sewage Disposal System Cleaner:
Disposal System Cleaner" shall mean any individual, firm, contractor
or organization who the Battle Mountain Band Council contacts with,
to pump out on-site sewage treatment and disposal systems and dispose
of the waste material and/or to repair the on-site sewage treatment
and disposal systems located on the Battle Mountain Indian Colony.
Section 2.13 Band Community:
a. "Band Community" for the purposes of this ordinance, shall include, but not necessarily be limited to enrolled members of the Battle Mountain Band.
Section 2.14 Contractor:
a. "Contractor" shall mean any individual, firm, or organization who contracts to provide environmental services or utility repairs, design, inspection, reconstruction or operation.
Section 2.15 Utility and Environmental Services:
a. "Utility and Environmental Services" are those basic services necessary for supporting residential and commercial development including, but not limited to water, sewer and garbage collection.
Section 2.16 Battle Mountain Band Council:
a. "Battle Mountain Band Council" is the agency responsible for, and authorized to manage, the Utility and Environmental Services of the Battle Mountain Indian Colony, as established by this ordinance.
Section 2.17 Vendor:
a. "Vendor" is any individual firm, contractor or organization who supplies parts, equipment, supplies and/or services to the Battle Mountain Band Council.
Section 2.18 Sewage:
a. "Sewage" mean all water caused wastes.
Section 2.19 Essential Environmental Services:
a. Essential Environmental Services shall include but not be limited to water, sewer and domestic solid waste services.
ARTICLE III - UTILITY AND ENVIRONMENTAL SERVICES
Section 3.1 Establishment of Utility and Environmental Services:
a. There is hereby established the Battle Mountain Band Council Utility and Environmental Services having responsibility for operating and maintaining the tribal public utilities and providing community environment services directly or by contract.
Section 3.2 Powers and Responsibilities:
a. The Battle Mountain Baud Council shall manage the public utilities of the Battle Mountain Band and obtain and disburse funds as required for operation, maintenance and expansion of the tribal public utilities.
b. Provide for the hiring and compensation of appropriate management and maintenance personnel.
c. Authorize disbursement of funds for operation, maintenance and repair of utility services.
d. Contract with vendors and contractors to assure that safe and reliable environmental Services are available to and utilized by the Battle Mountain Indian Colony.
e. Authorize investment of Utility and Environment Service funds.
Section 3.3 Quorum and Voting:
a. A quorum shall consist of a majority of the Council including a presiding officer in accordance to Article 4 Section 19 (c) of the Constitution of the Te-Moak Tribe. It is required by the Constitution of the Te-Moak Tribe to establish a quorum and conduct Utility business. My action taken by the Battle Mountain Band Council shall be approved by a majority vote of those Council members present at a duly held meeting.
Section 3.4 Meeting Agenda:
a. Regular meetings of the Utility Authority shall be conducted according to the following agenda outline:
1. Call to order
2. Roll call
3. Reading of minutes of previous meeting
4. Employee reports
5. Unfinished business
6. New business
7. Old business
3.5 Public Hearings:
a. The Battle Mountain Band Council shall convene public hearings to discuss changes in utility guidelines to users of Battle Mountain Indian Colony public utilities. All users of Battle Mountain Indian Colony public utilities shall be afforded three (3) days written notice of such hearings, and adequate notices shall be posted at appropriate places within the community and/or in the Community newsletter.
ARTICLE IV - MANAGEMENT AND FINANCES
Section 4.1 Management:
a. The Battle Mountain Administration shall conduct daily operation and maintain all business related to to Battle Mountain Indian Colony utilities affairs The Band Administrator shall oversee all business related to the Utilities of the Battle Mountain Indian Colony.
b. The Battle Mountain Band Council may provide for hiring of personnel for the care and maintenance of the Battle Mountain Indian Colony utilities and environmental needs, "provided that hiring shall be in accordance with the Battle Mountain Band Personnel Policy".
Section 4.2 Annual Budget:
a. The Battle Mountain Band Council shall establish an annual budget enumerating the necessary costs of Utilities and Environmental Services operation, maintenance, administration personnel, liability and other insurance, equipment replacement, and a reserve for major repairs and capital expenditures.
Section 4.3 Fiscal Year:
a. The fiscal year for the utilities and Environmental Services shall be from January 1 to December 31.
Section 4.4 Records and Accounts:
a. Suitable financial records shall be maintained for all expenditures, receipts from payments for service investments and returns on investments, and any other financial matters necessary for operation of the Utility and Environmental Services of the Battle Mountain Indian Colony. The records of accounts shall be made available to the Battle Mountain Band Council upon request.
a. The accounts
of the Utility Budget will be annually at the close for the fiscal year
at the expense of the Battle Mountain Band Council. Annual and requested
reports will be submitted by the Band Administrator Authority to the Battle
Mountain Band Council.
Section 4.5 Audit and Reports:
Section 4.6. Bonding:
a. Officers of the Battle Mountain Band Council and any other persons of designated to handle funds for the Battle Mountain Band Council, shall be bonded for amounts of $100,00 or more.
Section 4.7 Insurance:
a. Fire and other insurance on property owned or used by the Battle Mountain Band Council or on property in which the Battle Mountain Band Council has an insurable interest shall be in amounts and type of coverage specified by the Battle Mountain Band Council. Insurance may be part of the Band Insurance Policies.
Section 4.8 Petty Cash:
a. A petty cash fund is authorized to be established in the amount of $240.00 annually. This fund may be used to pay small expenses, when necessary, and to pay small obligations when it is not feasible to pay by check on the official depository. The fund may be reimbursed periodically from the official depository in the amount of and upon the submittal of receipts, vouchers, and statements signed by the payees, of their proof of expenditure. Petty cash vouchers shall be certified by the Battle Mountain Band Council finance department Director.
Section 4.9 Regulations and Policy:
a. The Battle Mountain Band Council shall have the authority to adopt appropriate regulations and policy as needed to implement the provisions contained in this Ordinance. Any proposed regulation or policy shall be submitted to the Battle Mountain Band Council for review at least two weeks prior to its proposed effective date; provided, however, that emergency regulations may be adopted in a duly held meeting of the Battle Mountain Band Council. My regulation may be rescinded or approved by tile Battle Mountain Band Council provided it is done at a duly held meeting of the Battle Mountain Band Council.
Section 4.10 Regulation; Policy Suspension Alteration:
a. No regulation duly adopted by the Battle Mountain Band Council may be suspended or altered by any person without the approval of the Battle Mountain Band Council.
Section 4.11 Amendments:
a. Any amendments to this Ordinance shall be submitted to the Te-Moak Tribal Council to promote the efficient, cost effective and self-sufficient operation of the Utility and Environmental Ordinance.
Section 4.12 Grievances:
a. Any Customer or applicant for Utility services, who is aggrieved by any action of the Battle Mountain Band Council may file a grievance with the Battle Mountain Band Council. The Battle Mountain Band Council shall abide by the regulation set forth in this Ordinance and shall handle such grievances.
b. All decisions by the Battle Mountain Band Council on matters that have been submitted for grievance under the grievance procedure shall be considered final. Final decisions of the Battle Mountain Band Council may be appealed to CFR Court by the aggrieved party only on the basis that the grievance procedures were not followed.
ARTICLE V - UTILITY AND ENVIRONMENTAL SERVICES - OPERATION
Section 5.1 Services Provided:
a. The services provided by the Battle Mountain Band Council shall include domestic water, sewer, and garbage.
Section 5.2 Water Service:
a. The Battle Mountain Band Council is responsible to provide safe, adequate water to those houses connected to the mainlines of the community water system. Responsibility for maintenance will include water sources, storage tanks, controls, mainlines, valves hydrants, and service lines. Interior house plumbing is the responsibility of the customer.
Section 5.3 Sewage Service:
a. The Battle Mountain Band Council is responsible to provide sanitary disposal of domestic liquid waste for those houses connected to the mainlines of community sewerage systems. Further the Battle Mountain Band Council may provide maintenance and repair of individual on-site sewage systems. Responsibility for maintenance will include the non-discharging treatment lagoon, pumping stations, mainlines, and man holes, and service lines to property lines.
Section 5.4 Garbage Service:
a. The Battle Mountain Band council shall not provide for solid waste disposal within the boundaries of the Colony. Solid wastes services provided by the Battle Mountain Band Council is hereby limited to the collection and the contribution for the off-Colony disposal services of solid wastes and shall not include services for the disposal services of solid waste within the boundaries of the Colony.
Section 5.5 Maintenance Schedule:
a. The Battle Mountain Band Administration shall develop and follow a regular schedule of maintenance service for each water and sewerage system and components thereof. A record shall be kept of all routine maintenance and needed repairs performed.
Section 5.6 Personnel:
a. The Battle Mountain Band Council shall have full authority to hire, evaluate and discipline or terminate if necessary the personnel required to manage, operate and maintain the Public Utilities.
the undersigned, as Chairman of the Tribal Council of the Te-Moak
Tribe of Western Shoshone Indians of Nevada do hereby certify that
the Te-Moak Western Shoshone Council is composed of 10 members of
whom 7 constituting a quorum were present at a duly held meeting
on the 1st day of December 1994, and that the foregoing
Ordinance was duly adopted at such meeting by an affirmative vote
of 5 For 0 Against 1 Abstain, pursuant to the
authority contained under Article 4, Section 3 (n) of the Constitution
of the Te-Moak Tribe of Western Shoshone Indians of Nevada, and that
said Ordinance has not be en rescinded nor amended in any form.
Dale S. Malotte, Chairman
Te-Moak Western Shoshone Council
BE IT ENACTED BY THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA, AS FOLLOWS:
That in accordance with Article 4, Section 3(h) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada, approved August 24, 1938, as amended on August 26, 1982, as organized under the Indian Reorganization Act of June 18, 1934 (48 Stat. 984.), as amended by the Act of June 15, 1935 and that this Ordinance to be known as the "Battle Mountain Utility and Environmental Ordinance" shall be effective upon passage.