The schedule of fees for Tribal Utility and Environmental Services shall be set annually by the Utility Board. The fee schedule shall be based on the estimated average annual costs for operation of all services. The fee schedule shall include a basic rate for all services, payment of which shall be required of each customer regardless of whether, or the extent to which, the customer uses any of the services, and other fees, charges, metered rates, penalties and assessments which the Utility Board is authorized to levy as provided under various sections of this Code. The fee schedule may be adjusted as needed to meet Utility Department operating expenses.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services” and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The standard participation contract for Tribal Utilities and Environmental Services shall provide that before the property receives such service, the customer must pay, to the Utility Department, such connection and other charges as provided by this Code. The charge must be paid in full or such arrangement as the Utility Department shall approve for item payments shall be agreed to before connecting to the public sewers or water supply systems of the Utility Department is permitted.
Any such arrangement shall also provide for interest to be collected upon the unpaid balance of the charges at a rate of one percent per month upon the unpaid balance compounded annually. Failure to complete payment of the connection charges shall become a lien against the personal property.
Instead of any charge, the Utility Department, at the discretion of the Utility Board, may accept from the customer a sewer or water pipeline of sufficient value installed in an easement of public right-of-way, or some other performance reflecting value approximating the charge.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services” and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall hold a public hearing whenever a new fee schedule is proposed for adoption. Thirty days in advance of the hearing, the proposed fee schedule shall be sent to each customer and shall be posted in appropriate places. Following the public hearing the Utility Board shall set a fee schedule, taking into consideration comments received at the hearing.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
A copy of the fee schedule adopted by the Utility Board shall be sent to each customer at least 30 days prior to the date the established fees take effect.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board and/or Utility Department is responsible for billing customers for Tribal Utility and Environmental Services. The billing service, however, may be contracted to the Tribe, Housing Authority, other agency or firm at the discretion of the Utility Board and Tribal Council.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; Res. 19-A-151, 12/16/2019, amended this section to include the responsibility of billing customers for garbage collection service; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services” and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The first working day of each month the Department shall mail to all utility customers a statement detailing the following information:
1. 
The customer’s name and account number;
2. 
The types and levels of service used in the current month;
3. 
The billed cost of the current month’s service, plus an accounting of bills or charges past due, if any;
4. 
The date that payment is due; and
5. 
The location to mail or deliver payment.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
All payments are due by the 20th of each month.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
Payments not received by the 20th of each month are considered past due. The Department shall issue a notice of payment past due to the customer, detailing the payment owed and the consequences for failure to pay. The notice shall be sent no later than the date the next billing is sent out.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
If the payment past due is not paid within 10 days after the next regular monthly due date, the account shall be declared delinquent.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)
(a) 
The Department shall immediately notify the customer in writing once his account has been declared delinquent, and Tribal Utilities and Environmental Services shall be terminated. Notice of delinquency shall be made by certified mail or such other means to provide proof of receipt by the customer.
(b) 
Once an account has been declared delinquent and services have been terminated, the customer will be required to pay the bill in full (including any assessed fees), pay the reconnection fee, and install a water meter (through the Utility) prior to re-establishing service unless a meter already exists.
(c) 
New customers, including residents seeking a Temporary Name Change pursuant to section 19.06.02(c), are not responsible for the Tribal Utilities and Environmental Services bills or assessed fees billed to a deceased customer. New customers may be subject to a reconnection fee or other necessary costs to re-establish Tribal Utilities and Environmental Services.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services” and to establish that new customers are not responsible for the utility bills of deceased customers.)