BY-LAWS FOR DALTON IRRIGATION

Transcription

1 BY-LAWS FOR DALTON IRRIGATION DALTON GARDENS IRRIGATION DISTRICT DALTON GARDENS, IDAHO KOOTENAI COUNTY BY-LAWS The Dalton Gardens Irrigation Water Board of Directors met in a regular meeting on this 15 th day of December, A motion was made by Paul Montreuil, seconded by Jake Jacobson, and made unanimous by Mel McKay to retain the current By-Laws as is. ARTICLE-1 Officers of the District Powers and Duties: The Board of Directors shall consist of three, (3), Directors elected for a term of three (3) years beginning the first meeting in January following the election in November. The directors shall elect one of the three elected members as Chairman of the Board. The Board shall appoint a Secretary and Water Manager to serve at the pleasure of the Board. The Board of Directors shall set the salaries and wages of all employees, and may change the same from time to time by resolution entered into the minutes of any regular or special meeting. The Directors must approve all bills and or expenditures in all emergencies, such as shortages of water, breaks, blockage, repairs to the system or the incapacity of the distributing system to deliver water for limited periods at the discretion of the Board for all like predicaments, the judgment of the Board concerning an equitable distribution of water shall be final. ARTICLE-II Water Master/Manager Duties of Water Master The Water Master shall serve at the pleasure of the Board of Directors. Managing and controlling all equipment, overseeing the distribution of the water, supervising all repair work or new construction, purchase all material and supplies and employ all labor required. The Water Master shall file with the Secretary all reports, records, statements of materials purchased and all other bills incurred of whatever nature. The Water Master shall report all work and planned expenditures to the Board of Directors at each regular meeting.

2 ARTICLE-III Secretary Treasurer Secretary/Treasurer: The Secretary and Treasurer (one person may perform the duties of both officers) shall be appointed by the Board. It shall be the duty of the Secretary to charge the Treasurer with the amount of the Assessments roll as required by law and carry such charges in to the regular books of account to be provided for that purpose. It shall further be the duty of the Secretary to keep in regular form, accounts of the various funds, which may be ordered from time to time by the Board of Directors. The Secretary shall make a full and complete settlement with the Treasurer of all accounts whenever required by law, and shall balance the accounting books jointly with the books of the Treasurer whenever required by the Board of Directors. The Secretary shall also provide, at the expense of the District, all necessary supplies for legal and special elections, and it shall be the Secretary s duty to place such supplies in the hands of the registration and election officers in due time. It shall be the Secretary s duty to attend to the official correspondence of the Board of Directors and shall keep such copy of said correspondence as the Board may direct. The Secretary shall attach the seal of the District to all instruments requiring the seal and shall sign all checks, contracts or other instruments required to be executed on behalf of the district. The Secretary shall make reports of the fiscal affairs of the District to the Board of Directors as required by law and such other reports as the Board of Directors may require. ARTICLE IV DISTRIBUTION OF IRRIGATION WATER Delivery of water: Delivery of irrigation water will be made to the property owner at a point on the water main, of the District, most convenient to the District. Due consideration shall be given to the needs of property owner. No property owner shall be permitted to tap into the irrigation lines at any point. ALL connections to the District s main lines must be performed by District employees or agents. Irrigation water will be distributed equitably to all users based on the number of acres for which each user is assessed as shown on the assessment rolls. There will be no delivery of irrigation water until the assessment is paid in full except as allowed by the Board. The District shall be under no duty, and shall not be held liable, for failure to deliver water during the irrigation season, when such failure occurs from a deficiency of water or from other unavoidable causes. All sprinklers must be moved at least every twelve (12) hours or less. All broken sprinkler pipes, fittings, and gaskets must be repaired and in good working order at all times. The District reserves the right to shut off the water from the main for the purpose of making repairs as necessity may require. Service will be restored as promptly as circumstances will permit. The apparatus for shutting off the water from the property shall be in the exclusive possession and control of the District at all times and shall be operated only by District personnel or agents. Any unauthorized person tampering with the main lines will be subject to prosecution. Conservation of Water delivery:

3 To conserve power and to deliver enhanced water pressure to the property owner, the District has adopted the ODD and EVEN watering day table for water use. The Board before the start of each irrigation season shall determine such schedule. Any Penalties for misuse are as stated in the amendment of the by-laws approved by the Directors April 9, See Exhibit 1. Irrigation Season: The Board of Directors shall determine the beginning and end of the season, determined by weather. ARTICLE V ASSESSMENTS AND TOLLS Assessments: The Dalton Gardens Irrigation Water Board of Directors shall from time to time, as authorized and provided by law, levy assessments, fix toll, and charges for the irrigation water system as required by law and any applicable statutes. Unpaid assessments are collected as follows: A Lien on the property recorded with the Kootenai County Recorders office. If delinquent over a two-year period, the property will be certified with the Kootenai County for collection with property taxes. Delinquent assessments could delay delivery of irrigation water to the property owner. ARTICLE VI PROPERTY OWNERS Property owner to Provide address: Each water user or property owner within the District shall provide the Secretary of the District with his or her Post Office address to which, all communications shall be sent. In case of an address change the Secretary of the district shall be notified of such change. Transfer of ownership: In case of a sale or change of ownership of property within the Dalton Gardens Irrigation District, The Secretary shall retain new ownership information from the Title Company of such sale or transfer or notification of new ownership by return mail. Until such notification is made, all of the districts correspondence will be with the last known property owner. Pipe Line Right of Way:

4 The District shall reserve the right of way of the pipeline for necessary maintenance, repair, or replacement purposes, thereby eliminating anything being built or planted which might render these services impossible. Property owner must allow at least (20) feet on each side of the pipeline. If any structures, trees, shrubs, or fences are in the easement area and, maintenance is required, they will be removed at the property owner s expense. The district has the right to construct, repair, or replace the lines any place within the boundaries of the district. This may involve Earth moving Equipment and other motorized vehicles. This does not however give the right to other property owners to abuse this easement. The land is and does belong to the landowner and is only to be used by adjacent landowners to have access to the Irrigation Weir. ARTICLE VII CLAIMS AGAINST THE DISTRICT All claims against the District shall be filed with the Secretary of the District on or before the last day of the month. The Board of Directors of Dalton Gardens Irrigation District, at the regular meeting of each month will audit all claims and order those paid which are shown to be legal and valid. Exhibit 1 AMENDMENT TO BYLAWS Dalton Gardens Irrigation District Commissioners: April 9, 2007 The Directors of the Dalton Gardens Irrigation District met in regular session on April 9, By unanimous vote, the Directors amended the Bylaws of the District to add the following: 1. The Directors shall announce a schedule setting forth the days and/or dates upon which each lot within the District may apply to each such lot water provided by the District. That schedule will be provided in a reasonable manner to each record owner of each lot within the District. 2. If the owner of a lot located within the District requires the daily use of irrigation water in order to start a lawn, the owner may make a written application to the district, requesting such daily use. The District may then approve such use, in writing, for a specified period of time, and upon such approval, the lot owner may then use irrigation water provided by the District for that specific use and for that specified period of time. 3. If the District, through its Directors or agents, becomes aware that a lot is applying to that lot, water provided by the District on a day and/or date not provided for a specified period of time or use, and upon such approval, the lot owner may then be fined as by such schedule set forth as follows: o If it is the first such violation by that lot in that year, then the District shall cause a letter to be mailed, by certified mail, to the record owner of that lot, explaining that violation. o If it is the second or further such violation by that lot in that year, then the District shall fine the record owner of that lot $ The notice of fine shall be mailed, by certified mail, to the record owner of that lot. Such notice shall notify the record owner of the date of the violation and amount of the fine, and further notify the record owner that such

5 owner shall have 30 days from the date of the mailing of the notice to remit payment of the fine to the business office of the district. If such record of owner fails and/or refuses to pay such fine within the time set forth, the District may then file an action in the Small Claims Division, or other appropriate Division of the District Court of the First Judicial District of the State of Idaho, Kootenai County, against the record owner for the amount of the fine, costs of the action, and reasonable attorney fees incurred in such action. If judgment is granted to the District, it may then record the judgment in the Office of the Kootenai County Recorder and execute on such judgment in such manner as provided by law. Dated April 9, 2007 Secretary, Exhibit 2 AMENDMENT TO BYLAWS Dalton Gardens Irrigation District Commissioners: May 14, 2012 The Directors of the Dalton Gardens Irrigation District met in regular session on May 14, By unanimous vote, the Directors amended the Bylaws of the District to add the following: to increase the easement from the existing 10 feet to 20 feet on each side of the pipeline. Pipe Line Right of Way: The District shall reserve the right of way of the pipeline for necessary maintenance, repair, or replacement purposes, thereby eliminating anything built or planted which might render these services impossible. Property owner must allow at least (20) feet on each side of the pipeline. If any structures, trees, shrubs, or fences are in the easement area and, maintenance is required, it will be removed at the property owner s expense. The district has the right to construct, repair, or replace the lines any place within the boundaries of the district. This may involve Earth moving Equipment and other motorized vehicles. This does not however give the right to other property owners to abuse this easement. The land is and does belong to the landowner and is only to be used by adjacent landowners to have access to the Irrigation Weir. Exhibit 3 REVIEW TO BYLAWS

6 Dalton Gardens Irrigation District Commissioners: January 13, 2014 The Directors of the Dalton Gardens Irrigation District met in regular session on January 13, By unanimous vote, the Directors approved the Bylaws of the District to remain the same. Dalton Gardens Irrigation District By Laws amended on the following dates: 1969 Exhibit Exhibit Exhibit