20220705Corporate Meeting Minutes.pdf

Que- u- zz-o3
:i * u;i lYIt]
WAIVER OT NOTTCE OF THE F.l? l!: t+0
- r r'i'lri'r{li , il !.,!-ri r-rr-SPECTAL MEETING OF THE BOARD OF DTRECTORS OF
suNNrsrDE PARK UrrLrrrES, rNC.
The undersigned, being the directors of Sunnyside Park
Utilities, Inc., an Idaho Non-Profit Corporation, do hereby waive
any and all notice of the time and place of a special meeting of
the board of directors of Sunnyside Park Utilities, Inc., and do
hereby agree to hold such meeting on the )O day of \*r
2022, at. the hour of ,0i00 o'clock A .*., at
U
the office of
the corporation, Idaho FaIIs, Idaho, for the purpose of
transacting all business which may be brought before the meeting.
Direc r e H. Beck
r ynn E. Beck
*zDirector - Mark Beck
MTNUTES OF SPECIET MEETING
OF THE BOARD OF DIRECTORS
oF suNNysrDE PARK UTrLrrrES, rNC
The special meet.ing of
office of the corporation,
O:JD o I clock
the board of directors was held at
the ]D day of \uA , 2022,
signed
the
ctL
by_ft_m
U
pursuant to Waiver of Notice
the Directors.
The Secret,ary is expected to file a tdaiver of Notice and the
Minutes of the Meeting. There was present Doyle H. Beck, Lynn E.
Beck, and Mark Beck constituting a1l of the Directors. Doy1e H.
Beck, the president, presided; and Craig Beck, the secretary
recorded.
The first matter to come before the meeting was the proposed
adoption of Rules and Regulations governing water service. After
discussion and review of the proposed RuIes and Regulations, a
copy of which 1s attached hereto, and upon motion duly made, the
Corporation agreed to adopt the attached General Rules &
Regulations for Water Service.
The next matter to come before the meeting was the proposed
adoption of a Rate Schedule. After discussion and review of the
proposed Rate Schedule, a copy of which is attached hereto, and
upon motion duly made, the Corporation agreed to adopt the
attached Rate Schedul-e.
The following items were discussed:
drrl(
There was no further business ancl upon motion duly made,
-seconded anci carriecl unanimously, the meeting was adjournecl.
DATED this )o day of kt , 2022.v
e v ra g
\L
Sunnyside Park Utilities, Inc.
Utility Rates:
Water first 12,000 gallons
Over 12,000 gallons
Sewer Service
$22.00 per month
$.67 per 1000 gallon
$24.00 per month
Please note: Non metered users that are determined to have use in excess of 12,000
gallons per month will be required to have a rneter installed at the users'expense.
Hookup fees: Water $800.00 Sewer $1,000.00
Reconnection Charge during normal business hours $30.00 each occurrence
Reconnection Charge for times outslde of business hours $60.00 each occurrence
Customer Requested Service Calls:
During normal business hours $30.00 each occurrence
Other than normal business hours $50.00 each occurrence
Service call charges will be waived if the service call results in repair to the company's
eguipment through no fault of the customer.
Retuned Check Charge: In the event a customers check ls returned by the Company's bank
for any reason, the Company will charge thecustomer's account a reprocessing fee of
$40.00.
Shut off at customer's request:
During normal business hours $20.00 each occurrence
Before or after normal business hours $40.00 each occurrence
Fleld Service Charge $65.00 per hour
Late Payment Charge 18o/o per annum or t,So/o Monthly
Normal business hours are defined by the company as:
Monday through Friday, 8:00 am - 5:00 pm, except holidays
Please contact us at 208-529-9891 for connect, disconnect or any issues concernlng water
or sewer connection. After hours contact 208-589-2326.
GENERAL RULES & REGUI.ATIONS
FOR WATER SERVICE
Sunnyside Park Utilities, Inc.
1. GENERAL
1.1 The Customer, in receiving water service, and the Company, in
providing water service, shall both agree to abide by these rules
and regulatlons.
These Rules are being adopted pursuant to Section 6 of the Third
Party Beneficiary Agreement, dated April 16, 2002, and are binding
upon all owners and occupants of any building, or other
improvement constructed or located upon such property and the
user or consumer of any water supply service.
1,2
2. DEFINITIONS
2.t Applicant - a potential customer (person, business or government
agency) applying for service to the Company.
2.2 Billing Period - the period of time between bills from the Company
for normal services rendered.
2.3 Commodity Charge - a recurring charge based only on the quantity
of water used.
2,6
Company - Sunnyside Park Utilities, Inc.
Connection or Hookup Fee - a non-recurring charge paid by a
Customer requesting service for partial or full recovery of the
Company's cost of providing a new service connection.
Customer - a person, business or government agency responsible
for paying bills and complying with the rules and regulations of the
company.
Customer Charge - a recurring fixed charge to recover a portion of
the cost of meter reading and billing.
Fixed or Flat Rate - a recurring charge of a fixed amount, usually in
an unmetered system.
Late Payment Charge - the non-recurring charge levied against any
delinquent balance.
Minimum Charge - the minimum recurring charge for a billing
period that may or may not include a specified quantity of water.
2.7
2.4
2.5
2.8
2.9
2.LO
2.LL
2.72
2.13
2.L4
2.15
Non-recurring Charges - the charges that are not regularly
assessed each billing period.
Premises - the Customer's property including out buildings which
are normally located on one lot or parcel of ground.
Rate Schedule - the schedules of all recurring and non-recurring
charges of the Company.
Reconnection Charge - the charge paid by a Customer to the
Company to restore service after disconnection.
Recurring Charges - the charges that are assessed each billing
period.
3. SERVICE FOR NEW CUSTOMERS
3.1 The Company shall furnish service to applicants within its
ceftificated service area in accordance with the rate schedule and
the rules and regulations.
3.2 Applicants for water service will be required to sign a standard form
of service application,
3.3 The Company shall not be obligated to provide service at a service
location until any required deposit has been received by the
Company
3.4 Special contracts may be required where large investments in
special facilities are necessary to provide the requested service.
The Company may require contribution toward such investment
and establish such minimum charges as are deemed necessary
3.5 The Company reserves the right to place limitations on the amount
and character of water service it will supply and to refuse service if,
in its opinion:
a. the Company [s required to refuse or limit service by statute,
regulation or regulatory authorities having jurisdiction over
the Company;
b. the requested service installation is of larger size than is
necessary to properly serve the premises;
c. the permanency of the building, structure, or institution
requesting to be served is such that the Company's
investment in such service is jeopardized;
d. the depth of the applicant's service line is less than the
minimum depth required for frost protection;
5
e. the applicants'proposed service, main or other appurtenance
does not conform to good engineering design or meet the
standard specifications of the Company; or
f . if the applicant refuses to agree to abide by the rules and
regulations of the Company.
If the Company denies service to an applicant for any reason, it
shall immediately provide the applicant with a written explanation
of its decision.
4, RATES
4.1 Rates charged for water service and supply shall be those published
by the Company in the rate schedule.
4.2 Any change in the rate schedule shall occur pursuant to the terms
of Section 7 of the Third Pafty Beneficiary Agreement, dated April
!6,2002.
BILLING AND PAYMENT
5.1 All Customers shall be billed on a regular basis as identified on the
applicable rate schedule.
5,2 If the system is rnetered, the Company shall try to read the meters
prior to each billing unless specified differently on the applicable
rate schedule. If the Company's meter reader is unable to gain
access to the premises to read the meter, or in the event the meter
fails to register, the Company will estimate the Customer's water
consumption for the current billing period based on known
consumption for a prior similar period or average of several
periods. Subsequent readings will automatically adjust for
differences between estimated and actual. Bills based on estimated
consumption shall be clearly marked as "estimated".
5.3 All bills shall clearly indicate the balance due, and shall be due and
payable no less than 15 days after the date rendered. All bills not
paid by due date may be considered delinquent and service may be
disconnected subject to the provisions of Exhibit A.
5.4 A Late Payment Charge may be levied against any delinquent
account. All payments received by the next billing date shall be
applied to the Customer's account prior to calculating the Late
Payment Charge.
The minimum bill or customer charge shall apply when service is
provided for less than one month.
5.5
5.6 Owners of premises with one or more condominiums, buildings,
stores, apartments or any other divisions of like or similar
character, all of which are served from one (1) service connection
are responsible for the entire water charges for each division or
unit. If the owner desires to cease being responsible for water bills
for such places and desires that the occupant of each division will
be responsible for her or her respective bill, such transfer of
responsibility will not be accepted or recognized by the Company
until the plumbing arrangements of the building or premises are so
changed by the owner or his or her agent as to permit the
Company, to its satisfaction, to serve and meter each division or
occupant separately from the other occupants in the same building.
5.7 Accounts shall be continued and water bills rendered regularly until
the Company has been duly notified to discontinue service.
6 METERING (If Applicable)
6.1
6.2
6.3
6.4
6.5
6.6
Meters may be installed by the Company near the Customer's
property line or at any other reasonable location on the Customer's
premises that is mutually agreed upon.
The Company's representative shall be given access to the
Customer's premises at all reasonable hours for the purpose of
obtaining meter readings. In the event of recurring inaccessibility,
the Company may, at its option and after notifying the customer,
relocate its metering equipment at the Customer's expense or
terminate services as provided in Exhibit A,
The Cornpany shall be responsible for the maintenance of its
metering equipment. Meters are considered to be sufficiently
accurate if tests indicate that meter accuracy is within + 2 percent.
When for any reason a meter fails to register within these limits of
accuracy, the Customer's use of water shall be estimated on the
basis of available data and charges shall be adjusted accordingly.
Corrected bills shall then be sent out to the customer, together with
any additional payment or refund.
At the Company's discretion, un-metered Customers may be
converted to metered service if such transition occurs in a planned,
systematic manner without unreasonable discriminations and if the
Company has an approved metered rate.
The Company will have the right to set meters or other devices
without notice to the Customer for the detection and prevention of
fraud.
In any building where the meter is to be installed in the building,
the incoming water pipe must enter at least sixteen (16) inches
from the riser in order that a meter can be set in a horizontal
7
position, All pipes to the different parts of the building or grounds
must lead from the riser at least one (1) foot above the elbow.
CUSTOMER PLUMBING AND APPLIANCES
7.1 All plumbing, piping, fixtures and appliances on the Customer's side
of the service connection will be installed and maintained under the
responsibility and at the expense of the Customer or owner of the
premises.
7,2 The plumbing, piping, fixtures and appliances shall be maintained
in conformity with all municipal, state and federal requirements.
The nature and condition of this plumbing, piping and equipment
will be such as not to endanger life or propefty, interfere with
service to other Customers, waste water or permit those with
metered services to diveft system water without meter registration.
7.3 A stop-and-waste valve will be installed on the Customer's
plumbing in a place always accessible and so located as to permit
shutting off the water for the entire premises with the least
possible delay. Any change in the current location of the valves
shall require prior written authorization from the Utility, which shall
not be unreasonable withheld. Any cost to relocate the valves shall
be the responsibility of the Customer requesting the relocation.
7.4 All persons having boilers, water tanks or other equipment supplied
by direct pressure from the Company's mains should install a
pressure relief valve, or other device to serve the same purpose, so
as to prevent excess pressure from forcing hot water and/or steam
back into the water meter and mains of the Company. All damage
to the Company's property resulting from the failure to properly
equip plumbing with a relief valve will be billed to the Customer.
7.5 The Company is not obligated to perform any service whatever in
locating leaks or other trouble with the customer's piping. Any costs
or fees incurred by the Company in locating any leak or other
problem shall be billed to the Customer where the leak or problem
is located.
7.6 An approved backflow prevention device shall be installed at the
service connection. Water service for either stand-by or other
purposes will not be furnished until piping and connections are
inspected and approved by a representative of the Company.
7.7 Property owners will not be allowed to connect the water service of
different properties together.
7.8 All of the Customer's service pipes and fixtures must be kept in
repair and protected from freezing at the Customer's expense.
When there are leaking or defective pipes or fixtures, the water
may be turned off at the option of the Company until the proper
repairs are made, If water is turned off by the Company, Customer
I
shall not turn on water without authorization from the Company,
upon satisfaction that the leak or defect has been repaired, which
authorization shall not be unreasonably withheld.
INSTALLATION OF SERVICE CONNECTIONS
8.1 The service connection is the property of the Company and as such,
the Company is responsible for its installation and maintenance. It
consists of piping, curbstop and valve or meter box and a meter, if
the system is metered. The service connection transmits water
from the Company's water main to a valve or meter box generally
located near the Customer's property line. All piping, valves or
appliances beyond this point shall be the property and
responsibility of the Customer.
8.2 The Company reserves the right to designate the size and location
of the service line, curbstop, meter (if applicable) and valve box,
and the amount of space which must be left unobstructed for the
installation and future maintenance and operation thereof.
8.3 Where a service connection is desired for premises on which there
is no permanent structure, the Company will install a service
connection to said premises only upon payment by the applicant of
the estimated cost of said service connection. If within a period of
five (5) years from the installation of said service connection a
permanent structure is erected on the premises, the Company will
refund, with interest, the difference between any approved new
Customer charges in effect at the time of connection, and the
applicant's advance.
8.4 The extra costs of any out-of-the-ordinary circumstances requiring
additional equipment or special construction techniques involved in
the installation of a service connection will be agreed to in advance
by the Customer and the Company.
REPT3CEMENT OR ENI.ARGEMENT OF SERVICE CONNECTION
9.1 Unless otherwise provided herein, the Company shall replace or
enlarge service connections at its own expense as follows:
a. whenever it is necessary to change the location of any
service connection due to relocation or abandonment of the
Company's mains; and,
b. for commercial or industrial services where the type or
volume of use has changed and the enlargement will result
in sufficient increase in annual revenue to justify the
enlargement,
9.2 The relocation, enlargement or reduction of service connections for
the convenience of the Customer will be at the expense of the
Customer. Prior to such relocation, enlargement or reduction, the
9
10
Customer will deposit the estimated cost thereof with the
Company. Within fifteen (15) days, a refund will be made to the
Customer in the amount by which the estimated cost exceeds the
actual cost. The amount by which the actual cost exceeds the
estimated cost will be due and payable within fifteen (15) days
after billing for such deficiency.
9.3 Enlargement of any service connection will be made only after such
time as the Customer's plumbing inside Customer's premises has
been enlarged sufficiently to accommodate the additional capacity.
DISCONNECTION AND RECONNECTION OF SERVICE
10.1 When a Customer desires to discontinue service Customer shall
give notice to the Company at least two (2) days in advance and be
responsible for all water consumed for the two (2) days after the
date of such notice.
10.2 The Company shall discontinue a Customer's service on an
involuntary basis only in accordance with Exhibit A.
10.3 When it becomes necessary for the Company to involuntarily
discontinue water service to a Customer, service shall be
reconnected only after all bills for service then due have been paid
and any satisfactory corrective action/arrangements have been
made.
L0,4 A reconnection fee may be charged each time a Customer is
disconnected, either voluntarily or involuntarily, and reconnected at
the same premises. The reconnection fee will be paid before service
is restored. Reconnection fees shall not be charged for any situation
or circumstance in which the Customer's water supply is
disconnected by the Company for its convenience.
10.5 The Company reserves the right at any time, upon notice, to shut
off the water for maintenance or expansion and, in emergencies,
may do so without notice. The Company shall at all times use
reasonable diligence and care to prevent interruption of said water
service.
10.6 Except in the case of an emergency, no one, except an authorized
Company representative, shall turn on or turn off the water on the
Company's side of the service connection.
MISCELI.ANEOUS
11,1 No Customer shall permit any person from another premises to
take water from Customer's water service or tap for more than (1)
week without the written permission and consent of the Company,
71.2 No person acting either on his or her own behalf or an agent of any
person, firm, corporation, or municipality not authorized by the
11
l,
Company shall take any water from any fire hydrant on the
Company's system except in the case of an emergency.
11.3 No person shall place upon or about any hydrant, gate, box, meter,
meter box or other propefty of the Company any building material,
dirt, snow, debris, equipment or other substance so as to prevent
free access at all times to the same.
Lt.4 Delivery of water under all schedules may be restricted, interrupted
or curtailed at the discretion of the Company in case of shortage or
threatened shortage of water,
11.5 No rate contract or application is assignable from one user to
another, except upon agreement of all pafties concerned.
11.6 The Company representative shall be given access to the premises
of the Customer at all reasonable hours for facility water appliance
inspections, obtaining meter readings, for turning on or shutting off
the flow of water, and for inspecting, removing, repairing or
protecting from abuse or fraud any of the propefty of the Company
installed on the premises. Access shall be granted at all times for
emergency PUrposes.
71.7 No one shall tamper or interfere with the Company's equipment or
propefty, nor shall repairs, connections or replacements be made
without the Company's written authorization.
11.8 Whenever an applicant desires service of a character for which
there is no available service classification, a contract may be
executed.
11.9 Copies of the Company's rates and summary of rules and
regulations shall be available at the Company's office and provided
to customers upon commencement of service, and annually
thereafter.
11.10 Attached hereto as Exhibit B is a copy of the Third Party Beneficiary
Agreement, entered into on April 16, 2002. Such Agreement
remains in full force and effect. To the extent any of the provisions
of these Rules and Regulations conflict with the Agreement, the
Agreement shall control.
t2 Special Provisions or Amendments
Exhibit "A" RULE 3OO DENIAL AND TERMINATION OF SERVICE
Exhibit "8" Third Party Beneficiary Agreement
Exhibit "A"
DENIAT AND TERMINATION OF SERVICE ATIIDPAYMENT ARRANGEMENT RUTES
3OO. DEFINITIONS
01. Applicant. "Applicant" is applicants for small commercial service
02. Customer., "custome/' means any person who has applied for, has been accepted by
the utility, and is:
a. Receiving service from a utility; or
b. Has received service within the past ten (10) calendar days prior to termination by the
utility; or
c. Has assumed responsibility for payment of service provided to another or others. lf
the person receiving service is not the same person as the person assuming responsibility for payment
of service, the latter is the customer for purposes of obtaining or terminating service, receiving
refunds, or making changes to the account.
03. Non-Utllity Service. "Non-utility seryice" means:
a. Service for which the Utility does not publish rates, charges, or availability of
service;
b. Service for which no rate or charge is published
c. Merchandise or equipment or charges for merchandise or equipment not required as a
condition of receiving utility service.
04. Written Notice. "Written notice" of the utility's intent to deny or terminate service
may be mailed or othenvise delivered to the applicant, resident, occupant, or customer. Written
notice may be provided by electronic mail (i.e., e-mail) if the customer is billed electronically and
separately consents in writing to "opt-in" to receiving electronic notification.
301. EXPIANATION FOR DENIAL OF SERVICE TO APPLICANT (Rule 3011.
01. Explanation to Applicant. lf the utility intends to deny service to an applicant under
Rule 302, the utility shall provide an explanation to the applicant stating the reasons for the utilit/s
refusal to serve. The applicant shall be advised of what action(s) must be taken to receive service. ln
the event of a dispute, the applicant shall be advised that an informal or formal complaint concerning
denial of service may be filed with the Utility.
llPage
02. Written Notlce. lf service is currently being provided to the premises occupied by an
applicant, the utility shall provide written notice of its refusal to serve pursuant to Rule 312.
302. GROUNDS tOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTICE (Rule 3021.
A utility may deny or terminate service to a customer or applicant without the customer's or
applicant's permission, but only after adequate notice has been given in accordance with these rules,
for one or more of the following reasons:
01. Failure to Pay. With respect to undisputed past due bills the customer or applicant:
a. tailed to pay;
b. Paid with a dishonored check; or
c. Made an electronic payment drawn on an account with insufficient funds.
02. Failure to Make Security Deposit. The customer or applicant failed to make a
security deposit or make an installment payment on a deposit where it is required.
03. Failure to Abide by Terms of Payment Arrangement. The customer or applicant
failed to abide by the terms of a payment arrangement.
04. ldentity Misrepresentation. The customer or applicant misrepresented the
customer's or applicant's identity for the purpose of obtaining utility service.
05. Denial of Access to Meter and or Facilities serviced. The customer or applicant denied or willfully
prevented the utility's access to the meter or the facilities served by the utility.
06. Willful Waste of Service. The utility determines as prescribed by relevant State or
other applicable standards that the customer is willfully wasting service through improper equipment
or otherwise.
07. Seruice to Minors. The applicant or customer is a minor not competent to contract as
described in Sections 29-101 and 32-101, ldaho Code.
08. Previous Account Balance Owing. Nothing in this rule requires the utility to
connect service for a customer or applicant who owes money on an existing account or from a
previous account if the unpaid bill is for service provided within the past four (4) years.
303. GROUNDS FOR DENIAI OR TERMINATION OF SERVICE WTTHOUT PRTORNOTICE (Rule 3031.
A utility may deny or terminate service without prior notice to the customer or applicant and without
the customer's or applicant's permission for one or more of the following reasons:
01. Dangerous Conditlons. A condition immediately dangerous or hazardous to life,
physical safety, or property exists, or if necessary to prevent a violation of federal, state or local
2lPage
safety or health codes.
02. Order to Terminate Service. The utility is ordered to terminate service by any court,
the Commission, or any other duly authorized public authority.
03. lllegal Use of Service. The service is obtained, diverted or used without the
authorization or knowledge of the utility.
04. Unable to Contact Customer. The utility has tried diligently to meet the notice
requirements of Rule 304 but has been unsuccessful in its attempts to contact the customer affected
304. REqUIREMENTS FOR NOTICE TO CUSTOMERS BEFORE TERMINATTON OF SERVICE (Rule 304).
01. lnitial Notice. lf the utility intends to terminate service to a customer under Rule
302, the utility shall send to the customer written notice of termination mailed at least seven (7)
calendar days before the proposed date of termination. This written notice shall contain the
information required by Rule 305.
02. Fina! Notice. The utility may mail a final written notice to the customer at least three
(3) calendar days, excluding weekends and holidays, before the proposed date of termination.
Regardless of whether the utility elects to mail a written notice, at least twenty-four (24) hours before
the proposed date of termination, the utility shall diligently attempt to contad the customer affected,
either in person or by telephone, to advise the customer of the proposed action and steps to take to
avoid or delay termination. This final notice shall contain the same information required by Rule
305.
03. Additional Notice. lf service is not terminated within twenty-one (21) calendar days
after the proposed termination date as specified in a written notice the utility shall again provide
notice under Subsections 304.01 and 304.02 if it still intends to terminate service.
04. Failure to Pay. No additional notice of termination is required if, upon receipt of a
termination notice, the customer:
a. Makes a payment arrangement and subsequently fails to keep that arrangemenq
b. Tenders payment with a dishonored check; or
c. Makes an electronic payment drawn on an account with insufficient funds.
305. CONTENTS oF NOTICE oF INTENTTo TERMINATE SERVICE (Rule 305).
01. Contents of Notice. The written or oral notice of intent to terminate service required
by Rule 304 shall state:
3lPage
a. The reason(s), citing these rules, why service will be terminated and the proposed date
of termination;
b. Actions the customer may take to avoid termination of service;
c. That a certificate notifying the utility of a serious illness or medical emergency in the
household may delay termination as prescribed by Rule 308;
d. That an informal or formal complaint concerning termination may be filed with the
utility, and that service will not be terminated on the ground relatang to the
dispute between the customer and the utllity before resolution of the complaint.
e. That the utility is willing to make payment arrangements (this statement must be in
bold print on written notices).
f. That for purposes of termination, partial payments will be applied toward utility
service charges first, unless the customer requests otherwise.
4lPage