Sunny Meadows

2013 District Bylaws
  

—

by

mike

BYLAWS

OF

Sunny Meadows Missoula County Water and Sewer District

The duly elected Directors of the Sunny Meadows Missoula County Water and Sewer District hereby adopt the following bylaws. It is the intent of these bylaws to conform to the Montana Constitution, statutes, regulations and laws of the State of Montana, and particularly to conform to MCA, Title 7, Chapter 13, Parts 22 and 23. In the event that any bylaw is inconsistent with Montana Law, then Montana Law shall take Precedence.

ARTICLE I

Name and Location

  1. The name of this Water District, formed under MCA Title 7, Chapter 13, Parts 22 and 23, shall be Sunny Meadows Missoula County Water and Sewer District.

  2. Its principal offices for purposes of meetings shall be The Bonner School, and the mailing address shall be: P.O. Box 9125, Missoula, Montana 59807.

ARTICLE II

Purpose

  1. It is the duty of the District and each Director to pursue the operation and/or expansion and upgrades to the water system within the District.

  2. It is the duty of the District and each Director to pursue the operation of the community septic system operated by the District.

ARTICLE III

  1. The Board of Directors shall consist of five members. The nomination, election, and appointment of the Board of Directors and/or elective officers shall be in the manner provided by these statutes found in Parts 22 and 23, Chapter 13, Title 7, MCA

  2. All five of the Directors are to be elected pursuant to MCA Section 7-13-2222. The election of the Directors shall be held every two years with the election for local government officials.

  1. The term of office for elected Directors shall be four years from the date of election, except at the first regular election of the District, names shall be drawn for three of the Directors who will have two-year terms and two will have four-year terms, so that the terms are staggered.

  2. Candidates for the Board of Directors shall follow the petition process as provided in MCA Section 7-13-2241.

  3. All Directors, either elected or appointed, hold office until the regular election or appointment of their successors

  4. Any vacancy of the Board of Directors shall be filled by an appointment made by the remaining Directors until the next election for Board members.

  5. Any Director, whether elected or appointed, must either own or lease real property located within the District, or be a resident of the District. (See MCA Section 7-13-2233).

  6. Eligible voters for the election of Directors are registered voters who either own real property or reside within the District. When a corporation owns real property within the District, one officer of the corporation may cast a vote on behalf of the corporation (See M.C.A Sec. 7-13-2254).

  7. The Board shall choose three of its members to hold the following three offices: President, Vice-president, and Secretary/Treasurer. All members, whether elected or appointed, are eligible for these offices, for which positions the Board shall hold annual elections.

PRESIDENT: The President shall preside at all meetings of the Board of Directors and shall have a general charge over the affairs of the District, subject to the approval of the Board of Directors. The President shall sign all contracts on behalf of the District and perform other duties that may be imposed by the Board of Directors. The President shall also appoint Board Members to committees as may be necessary for the affairs of the District.

VICE-PRESIDENT: The Vice-President shall fulfill the duties of the President in his absence.

SECRETARY/TREASURER: The Secretary/Treasurer shall oversee the keeping of the minutes of the proceedings of all meetings of the Board and shall have custody of all books and papers of the District, except as shall be in the charge of the District Clerk authorized by the Board to have custody. The Secretary/Treasurer shall be responsible for all financial records of the District.

  1. Signatures of any two of the three officers are required on checks written on District accounts for any amount over $500. A single officer may sign for any check less than or equal to $500.

  2. Each board member may receive a monthly salary not to exceed $30.00 (thirty dollars) for each month during which that board member attends a meeting. Board compensation will be paid annually in August for the previous year, and only will be paid in those years during which the district finances show more income than expenses.

  3. The Board shall indemnify each Director from any and all liability for acts and omissions accomplished as a member of this Board within the scope and authority of their duties while serving on this Board.

  4. The Board of Directors, as soon as practicable, shall appoint by a majority vote a general manager, a secretary, and an auditor. No Director shall be eligible for these offices (see MC.A. Sec 7-13-2277 (1)).

  5. The General Manager, Secretary and Auditor shall receive such compensation as the Board shall determine, and shall serve at the pleasure of the Board (MCA Section 7-13-2277 (2)).

  6. The duties of the General Manager, Secretary and Auditor shall be as follows:

GENERAL MANAGER: Shall have full charge and control of the maintenance, operation, and construction of all work and systems of the District. The General Manager shall perform such other duties as may be imposed on him by the Board. The General Manager shall report to the Board in accordance with such rules as it may adopt.

SECRETARY/CLERK: Shall countersign all contracts on behalf of the District and perform such other duties as may be imposed by the Board.

AUDITOR: Shall be charged with the duty of installing and maintaining a system of auditing and accounting that shall at all times show the financial condition of the District. He shall draw warrants and pay demands made against the District when such demands have been first approved by at least three members of the Board, and by the General Manager. (MCA Section 7-13-2278).

  1. The General Manager, Secretary and Auditor, and all other employees or assistants of District who may be required to do so by the Board of Directors, shall give bonds to the District conditioned for the faithful performance of their duties as the Board from time to time may provide.

ARTICLE IV

  1. Regular meetings of Directors shall be held on the first Thursday of each month at a place to be designated by the President of the Board of Directors (see Article I, Section 2), at Bonner School, or at such other place as the Board of Directors shall by resolution appoint.

  2. Special meetings may be called by the President or any two Directors.

  3. If there is no pertinent business to be considered at a regular meeting, the president may cancel the meeting by notifying each Director at least 48 hours prior to the time set for such meeting. If any Director objects, the meeting shall take place.

ARTICLE V

Conduct of Business

  1. All legislative sessions of the Board of Directors, whether regular or special, shall be open to the public (see MCA Section 7-13-2274(1)).

  2. A majority of the Board shall constitute a quorum for the transaction of business (see MCA Section 7-13-2274(2)).

  3. No Director shall sit in hearing or vote on any matter in which he is personally or financially interested. (See MCA Section 2-2-125).

  4. The order of business shall be:

  1. Roll call;

  2. Approval of the minutes;

  3. Financial report;

  4. Public hearings/public input;

  5. Old business;

  6. New business;

  7. Adjournment

  1. The Board shall act only by ordinance and resolution (see MCA Section 7-13- 2274(3)).

  2. In the event that a recording device is used to assist with the taking of minutes of any meeting or hearing, the contents of that recording device will be erased as soon as is practicable following the approval of said minutes at the next meeting of the board.

  3. Procedures relating to ordinances and resolutions are as follows:

  1. The ayes and nays shall be taken upon passage of all ordinances or resolutions and entered upon the journal of the proceedings of the Board of Directors. No ordinance or resolution shall be passed or become effective without the affirmative votes of at least a majority of the total members of the Board.

  2. The enacting clause of all ordinances passed by the Board shall be in these words: “Be it ordained by the Board of Directors of the Sunny Meadows Missoula County Water and Sewer District as follows:” (see MCA Section 7-13-2275(2)).

  3. All resolutions and ordinances shall be signed by the President of the Board and attested by the Secretary of the District (see MCA Section 7-13-2275 (3)).

  1. The fiscal year shall begin 07/01, and end, 06/30 of the following calendar year.

ARTICLE VI

Amendments

  1. These bylaws may be amended or added to at any regular meeting by an affirmative vote of a majority of the total members of the Board.

  2. Bylaws may not be amended; repealed, or added to at special meetings.

ARTICLE VII

Powers and Duties

  1. The powers listed in this section shall be exercised by the governing Board of Directors, who are elected and appointed according to Montana statute (see MCA Section 7-13-2217(2)).

  2. This District, being incorporated as provided by Parts 22 and 23 of Chapter 13, Title 7, M.C.A, shall have power to:

  1. Have perpetual succession;

  2. Sue and be sued;

  3. Adopt a seal and alter it at pleasure;

  4. Take by grant, purchase, gift, devise, or lease, and to hold, use, enjoy, and to lease or dispose of real and personal property of every kind, within or without the District, necessary to the full exercise of its powers;

  5. Make contracts, employ labor, and do all acts necessary for the full exercise of the foregoing powers (see MCA Section 7-13-2217(1) (a), (b), (c), (d), (e));

  6. Construct, purchase, lease or otherwise acquire and operate and maintain water lines and waterworks, and rights useful or necessary to store, conserve or drain water for purposes beneficial to the District,

  7. Adopt and publish generally rules and regulations governing the use and utilization of water, the handling and disposal of sewage, and all matters necessary or incidental thereto generally relating to the maintenance, repair, preservation and operation of the water and sewer systems operated by the District.

  8. Adopt reasonable rules for water use, and police compliance with those rules, including imposition of penalties.

  1. Powers related to District finances. This District shall have the power to:

  1. Accept funds and property or other assistance,financial or otherwise, from federal, state and other public or private sources for the purposes of aiding the construction or maintenance of water or sewer development projects (see MCA Section 7-13-2221(1));

  2. Cooperate and contract with the state or federal government or any department or agency of the state or federal government in furnishing assurance for and meeting local cooperation requirements for any project involving control, conservation or use of water (see MCA Section 7-13-2221(2));

  3. Borrow money and incur indebtedness and issue bonds or other evidence of such indebtedness and refund or retire any indebtedness or lien that may exist against the district or the property of the district (see MCA Section 7-13-2221(3)).

  4. Cause taxes to be levied in the manner provided for by Montana Statute (see MCA Section 7-13-2221(4)).

  1. Establishment of charges for services. The Board of Directors shall fix all water rates and shall oversee the collection of water charges. These rates are intended to pay for the operating expenses of the District, interest on any bonded debts, and as far as possible, provide a sinking fund for the payment of principal on any debts as they become due (see MCA Section 7-13-2221 (6)).

  2. The Board of Directors may add land to the District, exc1ude land from the District, or correct erroneous property descriptions (see MCA Section 7-13-2340 through 2348).

WE, the undersigned, being all the directors of the Sunny Meadows Missoula County Water and Sewer District, hereby adopt the foregoing as the bylaws of the said District.

Cynthia Winchell, District President Date

Paula Niccum Date

Mike Huber Date

Tom Walter Date

Michael Lilley Date

 

Attest:

 

Tom Walter, District Secretary Date