Woodland Hills Sanitary
District
Water Policy
Original May 1, 1994 (revised
March 2015)
Introduction
The Woodland Hills Sanitary District
owns and operates a water system to make water available to lots located within
the Woodland Hills Subdivision (see Definition of Terms below). The purpose of this document is to
establish an updated comprehensive policy for the operation of the water
system. The document consolidates and
incorporates previous water policies/contracts/agreements and sets forth detailed
conditions and terms for both the water system operator and benefactors. This policy is adopted Feb, 2015 and
becomes effective March, 2015.
Assessment: A charge
established by the district to help pay for water system repairs, maintenance
or improvements for costs which cannot be covered by the monthly income from
water sales. The Board determines how
these charges will be assessed, but normally the charges are assessed against
owners of developed lots.
District: The elected district trustees of the Woodland Hills Sanitary District.
Curb stop: A mechanical on/off valve installed where the water
line from the water main connects to the meter pit/meter then to the service
line on the owner’s property. A stem
attached to the valve and a special tool permits operation of the valve from
ground level. The water line between
the meter pit/meter and the owner’s residence is usually referred to as the
service line.
Developed Lot: A lot which
contains a house. As of February, 2015,
102 of the 108 lots within Woodland Hills were developed lots.
Late Charge: A charge
imposed for the late payment of monthly water charges. The criteria for the late charge and the
cost are determined by the Board and provided in writing to water using owners.
Meter Deposit: A deposit
to cover the use of and the cost of any damage to, the water meter and remote
reader owned by the Sanitary District and installed at the owner’s residence,
whether in the meter pit or in the home. The deposit is also used to protect
against the nonpayment of water charges.
The amount of the deposit is established by the Sanitary District,
specified in a receipt provided upon payment of the deposit, and must be paid
before the owner starts withdrawing water from the system. The conditions and terms for the refund of
the deposit are determined by the Board and also detailed in the water deposit
receipt.
Owner: Anyone who owns a
developed or undeveloped lot within Woodland Hills Subdivision. The term “owner” used in this document includes multiple owners
or renters of a property when that is the case.
Water Policy: The policy
outlining the conditions the owner must satisfy in order to receive water, and
the Sanitary District’s obligation to provide water once these conditions are
met.
Water Hook-up Right: The
first prerequisite for water service to a lot is a paid-up water hook-up right
for the lot. As of January 1, 1994,
each of the 108 lots within Woodland Hills had a water hook-up right. The first rights sold for approximately
$1,000 per lot. The last water hook-up
right available from the Sanitary District sold for $7,000 in March 2007.
It is not anticipated that any more lots will be created in Woodland
Hills, but if so, the owner of the new lot will need a water hook-up right
before the Sanitary District will provide water to the lot. A water hook-up right for such a lot could
possibly be purchased from the owner of one of the existing 108 rights or from
the Sanitary District.
Water Payment Form: Monthly
water payment forms are issued when water delivery begins. The form will be re-supplied as necessary. The form is used to record monthly water
usage and calculate monthly water charges.
The form and payment for water is submitted to the Sanitary District’s
contract bookkeeper each month. As the new meter pits and meters are
installed, the water meters will be read by the District’s contracted water maintenance
person once a month and he will send a payment form to each homeowner/renter.
Water Rates: The rate structure for water provided by the
Sanitary District will be developed by the Board based on the overall cost of
delivery. Rates will be changed by the
Board as necessary to cover increased operating expenses, to ensure a reserve
for emergencies and pay off any debt.
Rates developed by the Board will provide financial incentives for water
conservation – less cost per gallon, for example, for less usage. Tables showing current water rates will be
provided by the bookkeeper.
Water System: The water system owned
and operated by the Woodland Hills Sanitary District includes the following:
·
Approximately 18,322 feet of water main.
·
A 950 foot deep well containing a 20 horsepower pump with a
pumping capacity of approximately 90 gallons per minute.
·
A 736 foot deep well containing a 15 horsepower pump with a
pumping capacity of approximately 24 gallons per minute. This well is used as a backup to the 950
foot well.
·
Under ground water reservoirs with a total water storage capacity of
approximately 83,000 gallons.
·
Two above ground water tanks with a total water storage capacity
of approximately 50,000 gallons.
·
Approximately 102 pairs of water meters/remote readers installed
at Woodland Hills addresses.
·
Three above ground, enclosed and heated pump houses.
Woodland Hills Sanitary District - A
South Dakota codified legal entity (see South Dakota codified law CHAPTER
34A-5) formed in June, 2012 to operate and maintain a water distribution system
for the Woodland Hills sub-division.
The non-profit Sanitary District delivers water to the users. Contracted bookkeeping and maintenance
services are used to help manage and maintain the water system. The Sanitary District is run by a board of
trustees elected by the registered voters within the District boundary which is
the Woodland Hills subdivision.
Woodland Hills Road District: A South Dakota codified legal entity
formed in September 1991 to maintain the roads within the Woodland Hills
sub-division. In July 2012 the road
district was dissolved by the district's trustees and the district is now
operated and maintained by the Sanitary District trustees. Funds to support road maintenance efforts
are collected through taxes levied on property owners by Meade County and given
to the district.
Woodland Hills Subdivision:
All 108 lots in the Woodland Hills area of 320 acres bound by the
National Forest Service land as shown by the Meade County, South Dakota,
register of deeds (http://www.meadecounty.org/register-of-deeds/).
Terms and Conditions
The following terms and conditions shall be strictly adhered to by
both the Sanitary District and the owners/renters. The Sanitary District is obligated to use sound management
practices in operating the water system and to make all reasonable efforts to
provide safe, equitable, reliable and cost-effective water service to owners
who comply with these terms and conditions.
The District also operates by the South Dakota codified laws contained
in section 34A-5 found on the state's web site at: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=34A-5&Type=Statute
Failure by an owner to comply with these terms and conditions will
be grounds for termination of water service and other actions outlined in this
policy including, in extreme cases, the repossession of the owner's water hook
up right. (See XII below.)
I.
The owner may begin withdrawing water from the water system after
satisfying the following conditions:
When the conditions above are
satisfied, the District will direct the maintenance contractor to open the
water valves necessary to provide water to the owner's lot.
II.
The owner developing a lot who meets the conditions specified in
I. above and the requirements outlined below will be entitled, at the owner's
expense, to connect to the District's water system with the use of a meter pit at
the nearest approved accessible water main to the owner's residence for the
purpose of withdrawing water from the system for normal domestic household
use. Prior to starting water line work,
the owner will notify the District of the owner's intent to connect to the
water system and will receive a copy of this policy from the bookkeeper, the home owner/renter
must have a certified installer perform the water hook up to the Districts main
water line and must be in compliance with the sanitary regulations of the
appropriate state agencies, including the State Plumbing Board and the Rapid
City Construction Code, Along with approved supplies and connectors. The owner/renter will be Responsible/Liable
to pay all past accrued assessments up to the date of connection to the water
system. The owner/renter will sign a
copy and receive a copy of this policy indicating understanding of the
requirements. After the finished work
has been inspected and approved by a representative of the district, the
inspector will sign the document indicating approval of the work. On some
undeveloped lots the main-to-curb stop line and curb stop are already
installed. When and if a lot is
developed a meter pit and new curb stop will be supplied by the District, the
digging and installation of such will be at the expense of the property owner. NOTE:
Water contracts made with the owners of lots in the first platted
portion of Woodland Hills (Plat 1) obligated the district to provide a service
line, not to exceed 100 feet to a residence erected on the lot. These contracts will continue to be honored
by the Sanitary District.
III.
The new meter pits, meters/remote readers and curb stops put in
for each lot in 2014/2015 will be maintained and be the responsibility of the
Sanitary District. Any damage outside
of the normal wear and tear will be at the expense of the home owner. Property
service lines begin at the connection to the meter pit to the home and are the
responsibility of the home owner. To
protect against water losses, the district reserves the right to turn off water
being supplied to leaking and/or damaged lines until the leaks/damages are
repaired by the owner.
IV.
The owner is required to irrevocably grant to the District and its
agents, free and complete passage over the owner's property for the purpose of
operating, inspecting and testing the curb stop, meter pit/meter and reader and
service line for leaks and inspecting and reading the water meter and remote
reader. Access will be only for a reasonable
time and emergency access purposes with an effort of minimal damage to the
property.
V.
The owner will not introduce water from any other source into any
part of the District's water system.
VI.
The District will provide and install a meter and remote reader
for the purpose of metering water use by the owner and upon which water charges
shall be based. Broken meters will be
replaced within ten (10) days of notification of meter malfunction. Actions by an owner to obtained unmetered
water or inaccurately metered water from the water system will be grounds for
the District to permanently terminate water service to that owner and take any
other actions deemed appropriate by the District.
VII.
The District will provide water for only one (1) residence per lot
and only for normal domestic household purposes. Owners who wish to obtain water for non-domestic household use,
including water for undeveloped lots, must first receive written approval from
the District. Commercial use of the
water provided by the District is strictly prohibited.
IX.
It is understood between the district and the owners that the
district will establish rates for the sale of water to the owners and that
these rates may be adjusted from time to time to meet the cost of operation. The owner must pay all monthly charges,
including any special charges, by the day of the month specified by the District. Payments made after this specified date are
delinquent and late charges determined and published by the district will be
added monthly. The owner will read the
meter on the first day of each month and report the reading to the district on
the water payment form provided by the district, until the time that the meters
are remotely read by the District’s water maintenance person. Accurate, timely readings from the owners
are critical in that these readings are compared with pump data to detect
costly system leaks. The owner will
calculate the amount due the district based upon the rates then in effect and
submit payment for charges along with the payment form to the district. Periodic no-notice readings of water meters
will also be directed by the district and conducted by the maintenance
contractor. Failure to submit accurate
meter readings by the fifth day of the month will trigger late charges as
specified in section XI. Homeowners/renters who are
gone from their residence for an entire month or more will be required to pay
the minimum monthly usage charge and the loan assessment charge for each month
they are gone. This amount may be paid
monthly while gone or prepaid in advance prior to leaving. Late charges will be assessed if payments
are not received by the 5th of each month (unless prior arrangements
have been made, these arrangements must be made with the bookkeeper prior to
leaving). In the event the district finds it necessary
to assess owners to pay for the maintenance, improvement or repair of the water
system, owners assessed will promptly remit the pro rata share of the
assessment as established by the District within the time specified by the
district. Assessments will be based
upon the following formula:
ASSESSEMENT PER OWNER = COST
OF IMPROVEMENT________________
NUMBER OF LOT OWNERS TO BE ASSESSED
XI.
Delinquency in the payment of charges for water, assessments or
other charges made by the district which continue for a period of ninety (90)
days by a water-using owner will justify discontinuance of water by the
district and entitle the district, after notice to the owner, to shut off the
water going to the owner's lot.
Notification of the delinquency and its consequences upon exceeding 90
days will be made to the owner, in writing, by the district when the
delinquency reaches sixty (60) days.
Once shut off, water service will not be restored until all delinquent
charges, including late charges, have been paid in full and the owner has paid
a $100.00 (one hundred dollar) fee to the District as a restart charge and to
reimburse the District for any other expenses incurred.
XII.
If the payment of charges for water, assessments and/or other
water-related charges are not paid by the owner of a developed or undeveloped
lot within one hundred eighty (180) days of the due date, the district will
begin procedures for repossession of the water hook-up right for the developed
or undeveloped lot. The first step in
the process will be a certified or registered letter to the owner. The letter will notify the owner that the
debt is overdue by one hundred eighty (180) days, that interest at a specified
rate (determined by the District) will be applied to the unpaid balance until
paid and that the water hook-up right for the lot in question will be
repossessed by the district when the total debt, including interest, against
the lot equals or exceeds the price paid for the water hook up right. As long as the debt exists, the District
will send a certified or registered letter to the owner each January advising
the owner of the debt's new balance and the interest on the balance to be
charged for the year. Each letter will
also repeat consequences for nonpayment outlined in the original letter. Charges for postage, typing, stationery and
other expenses incurred in attempts to collect the debt will be added to the
debt each year. When the total debt,
including all interest, equals the cost paid for the water hook-up right for
the lot in question, the district will send a certified or registered letter to
the owner giving the owner thirty (30) days to pay the debt in full or have the
water hook-up repossessed to cover the debt.
If full payment is not received from the owner within the thirty (30)
day period specified, the water hook-up right will be repossessed by the
district and the lot in question will not be entitled to any water from the
water system until another water hook-up right has been purchased for the
lot. (See Water Hook-up Right under
Definition of Terms.) As a final
action, the District will take the action necessary to record the loss of the
lot's water hook up with the Meade County Register of Deeds. The District does have the right to assess a
charge against a delinquent owner's property taxes for an unpaid charge.
XIII.
In the event it is necessary to dig across any roads or rights of
way for the purpose of connecting in to the District water line, the owner will
consult with the District for approval and requirements regarding the cut, back
fill and asphalt patching, in applicable.
XIV.
The District will provide safe, potable water that meets state
requirements in sufficient quantities for the purposes outlined in this policy
for so long as such water is available to the District from its wells. No guarantee is given, nor is any intended
or expressed on the part of the District, to perpetually provide water to the
owner beyond that which is contained in its wells. In the event of failure of the wells such that no water can be
provided, the District is relieved of the obligation to provide water until
said wells are repaired or otherwise brought into service.
XV.
The location of owner's lot relative to the water reservoir or
tank that serves the lot may dictate the use of a water pressure boosting
reduction device. The owner will be
responsible for providing these pressure devices.
XVI.
The owner understands that the water rates, late charges and meter
deposit being charged by the District will be evidenced by separate documents
and become a part of this policy as though fully set forth herein.
XVII.
The terms and conditions of this policy will be binding upon the
owner, the owner's heirs and successors in interest and the policies contained
herein will be deemed to be covenants running with the lot(s) and will be the
future owner(s) of the specific lot(s) affected hereby.
XVIII.
This water policy supersedes all previous water policies,
documents and agreements and
is to remain in full force and effect until terminated or
modified by the District.
Homeowner’s
signature______________________________________________
District representative signature_______________________________________