CHIWAWA COMMUNITIES ASSOCIATION WATER SERVICE REGULATIONS As Amended 26 September 1992

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1 PREFACE CHIWAWA COMMUNITIES ASSOCIATION WATER SERVICE REGULATIONS As Amended 26 September 1992 Ff~-t3~ f:'j!.. I-A -I ,rEiN nr.:~"'",r"d '">Dl""r ~"\'~~ 9 '-.," 2l ~" an-';"--' t!1" 9' ~o 8Xm ~I~' "..11 BX c\;[":"',;;;""" -;-. IJ! 1-/7 r-. f:.. ~. '-'l CH tlan r.r":;i;j-r/:u W[NA'r';':H" ~.!-AU~ t, "...t. VIA It is the intent of your Association's Water Department 0 provide the best possible service at the lowest possible cost consistent with the sound business principles. The intent of these regulations is to be a helpful guide to the Member, to achieve efficient and safe water service, and to insure that all Members of the Association receive uniform' and equitable consideration. DEFINITION A. ASSOCIATION Chiwawa Communities Association B. DEPARTMENT Chiwawa Communities Association Water Department C. PRESIDENT Current president of Chiwawa Communities Association D. TRUSTEES Chiwawa Communities Association's elected Board of Trustees E. SUPERINTENDENT Water Maintenance Superintendent of Chiwawa Communities Association F. SECRETARY Secretary of Chiwawa Communities Association G. MEMBER Any individual, firm or organization as set forth in ARTICLE I, Section 1, of the By-Laws of Chiwawa Communities Association H. WATER SERVICE The availability of water service at a point of delivery or use by the Member, irrespective of whether water is actually used. ~. RATE SCHEDULE The assessments as set forth by the Trustees or by majority vote of Members at any, either Annual or Special, Meeting of Members as set forth in ARTICLE VII, Section 1, of the By-Laws of the Association 3. SCOPE These Service Regulations are a part of all oral or written contracts with the Members. One copy will be furnished each current Member, and the Secretary shall also send one copy copy Page 1 -K G I 0 1 I

2 Water Service Regulation to each new Member at the time notification of change of ownership is received 4. REVISION These Service Regulations cancel and supercede all previous service regulations and are retroactive to January 28, They may be revised, supplemented, or otherwise modified only by action of the Trustees OR by unanimous vote of Members at any General Meeting of Members 5. SERVICE AVAILABILITY This schedule is available within the area of Chiwawa Communities Association, a/k/a Chiwawa River Pines. 6. CHARACTER OF SERVICE Service under this schedule is applicable to a single-family dwelling and a guest cottage to each property owned by a Member. 7. SERVICE A. In the event of a guest cottage, it must be clearly designated as such in the records of the Secretary; the other dwelling on the property will then be recorded by the Secretary as a family dwelling. Any use of the guest cottage as a full-time, occupied dwelling will automatically classify this building as a separate service and will carry the same assessment rate currently in effect for any single service within the Association's area. B. A guest cottage is a building which is used for friends or family on a short-term basis. 8. HOOK-UP AND CONNECTION FEE The Member shall pay a connection fee of Three Hundred Dollars ($300.00) for a water hook-up. The purpose of this fee is to help defray the costs of installation. This fee may be revised at the discretion of the Trustees or by vote of the Members at any General Meeting. Once it has been paid by a Member for a property, it will not be collected again if replacement or repair is needed. 9. APPLICATION AND CONTRACT FOR HOOK-UP A. Any individual, firm or organization desiring hook-up from the Association shall make application, therefor, upon a printed application provided by the Association. The applicant shall sign the application and it shall be filed with the Secretary. B. The application shall contain a location of the premises where hook-up is desired, and also all pertinent information covering the type and characteristics of Member's water service. C. The application shall constitute a contract on the part of the Member making same to pay for the water services at the rate as specified by the Trustees, in a manner, and for the time specified. BK PG I 0 I 2

3 Water Service Regulation D. The Member will be required to pay a connect fee (Item #5) at the time of application. 10. PAYMENT OF BILLS A. All assessments and charges including water and fire assessments shall be due within 30 days after mailing of the notice of assessments to the Members. Thereafter, said assessment and charge shall be delinquewnt and shall bear interest at the rate of 8% per annum until paid. Any assessment or charge shall be a personal obligation of the Member assessed and shall be a lien upon the real property of said member. The Association may, at any time after the assessment and charge is delinquent for a period of 60 days, bring suit in foreclosure by civil action in the Superior Court of Chelan County. In the event it is necessary for the Association to employ an attorney to make collection of any such assessment or charge, then all reasonable expenses incurred by the Association for attorney's fees and costs in collecting or enforcing the assessment or charge, whether in a court action or not, shall be the personal obligation of the delinquent Member and includable in the lien upon said Member's real property. The lien shall be enforceable by foreclosure proceedings in accordance with Chapter of Revised Code of Washington as may be amended from time to time. Said lien shall be against the Member's real property upon which service was received or could have been received subject only to the lien for general taxes. B. In addition to interest being charged on delinquent accounts, the delinquent Member shall be charged in addition a penalty of 10% of each delinquent assessment or charge. Further, in addition to the right to foreclose provided in A hereof, the Association may also cut off all or part of the service after assessments or charges are delinquent for a period of 60 days. The Association may file a lien against the delinquent Member's property and all expenses therefor, including release thereof shall be paid by such Member. C. In the event water service to a Member's real property is terminated for nonpayment of the assessment and charges, it will in no way affect the status of the Member's assessment and there shall be a reconnect ion charge of $25 assessed against said Member. 13. DISPUTED BILLS A Member who disputes the amount of his/her bill may contact the Secretary and/or the Superintendent who will review the amount and adjust the bill if it is found to be in order. 14 MAILING AND RECEIVING ASSOCIATION COMMUNICATIONS All correspondence, billing, and notices relating to itemscovered by these Regulations shall be sent by mail, except where specifically provided otherwise. Also, such communications may be delivered personally. Members shall provide proper mailing address and means of receiving mail. Failure to do so timely shall render the Member subject to lien and col~p~t~ap~acr~an-as Page 3 BK PG I 3

4 ~ater Service Regulation 15. SALE OF PROPERTY All unpaid balances -- assessments, finance charges, lien-filing charges, attorney's fees must be paid in full prior to consummation of any sale of property by the Member. POINT A. OF SERVICE DELIVERY6 AND OWNERSHIP OF FACILITIES The Association will install, maintain and operate a main distribution pipeline or lines to the property line of each Member, at which point, designated as delivery points, water hook-ups, wholly owned by the Association, may be installed by the Association subject to Item #8 of these Water Regulations. This hook-up shall include a shut-off valve to be owned and maintained by the Association. The Association shall have the sole and exclusive right to use such shut=off valve to turn the water off and on. B. Each Member shall be entitled to have delivered to him through a single, basic service line only such water as may be necessary to supply the needs of the persons residing within a single-family dwelling, and to irrigate. C. Each Member shall be entitled to purchase a hook-up for other property owned within the area of the Association under the same terms and conditions specified herein for the basic hook-up as contained in Item #8 of these Water Regulations. Said water of the Association will not be distributed beyond the boundaries of the Association for any use. violation shall constitute water shut-off at the point delivery. Any of E. Each hook-up shall connect with the Association's water system at the nearest available place to the place of desired use by the Member if the Association's water system shall be of sufficient capacity to permit the delivery of water through a service line at that place without interfering with delivery of water through a prior service (or hook-up) line, then the hook-up shall be installed at such place as may be designated by the Association. F. Each Member will be required to dig, or have dug, a ditch for the connection of the service line from the property line of the Member to his dwelling or other portion of his premises and to maintain such portion of such service line or lines, which shall be owned wholly by the Member at his expense. 17. INSTALLATION OF HOOK-UPS A. Before any new hook-up is installed, the Member must make proper application and acquire a permit from the Superintendent or Secretary and to pay the hook-up connection fee as set forth in Item #8 of these Regulation. BK PG I a I 4

5 ehiwawa COMMUNITIES ASSOCIATION 'Water Service Regulation B. No person or agency other than the Association Superintendent will be allowed to tap or connect to the water main. All materials used to install a new hook-up from the water main onto the property shall be subject to the approval of the Superintendent and shall be no smaller, or larger, than three-quarters (3/4) inch. 18. MAINTENANCE AND REPAIR OF SERVICE If repair or maintenance of water pipes on Member's property is needed at a time when the Member is not present, the Member will be notified, the leak marked, and the water turned off at the main until he/she notifies the Superintendent that the leak has been repaired to the satisfaction of the Superintendent. If the water is turned off by the Superintendent, it will in no way affect the status of the Memkber's assessment. 19. MEMBER'S RESPONSIBILITY FOR ASSOCIATION PROPERTY Any Member or other person damaging, removing, disconnecting or otherwise interfering with any apparatus belonging to the Association will be subject to the cost of repairs and these costs shall be considered to be in the same category as any billing for water and shall be subject to cost of repairs, including labor and parts, and charges for same shall be covered by Item #12 of these Water Regulations. The Member is also responsible for winterizing all interior and exterior pipes on his property. The same conditions as in the paragraph above shall apply if a leak is discovered at a time when the Member is not present. The Association takes no responsibility for any expenses incurred. 20. RIGHT OF ACCESS The Member shall grant all necessary permission to enable the Association and/or the Superintendent to install and maintain its serving facilities on the premises of the Member and to carry out its contract. The Association, through its employees, or other agents, shall have the right to enter upon the premises of the Member at all reasonable times for the purpose of maintaining water service, inspecting and repairing, or removing any water facilities, including the right to terminate water service by its shutoff. 21. INSPECTION The Superintendent shall have the right, but shall not be obligated, to inspect the Member's service before, or during, the time service is supplied. However, such inspection, or lack of inspection shall not be construed as placing upon the Association any responsibility for the condition of maintenance of the Member. 22. CHANGE OF OWNERSHIP AND/OR MAILING ADDRESS When a change of occupancy or of mailing address or of legal responsibility takes place on any premises being served by the Association, notice of such change shall be given to the Secretary WITHIN A REASONABLE TIME of such change, not to exceed 30 days. The Member will be held responsible for ~l~ ~oni~s pue Page 5 BK PG I 15

6 'Water Service Regulation the Association at the address of the Member in the files of the Secretary. 23. NOTICE OF TROUBLE The Association will endeavor to give the best possible service to its Members at all times. The Member can materially assist the Association in fulfilling its purpose by promptly notifying the Association of any defects, trouble, or accident affecting the supply of water, or in the event service is unsatisfactory for any reason. 24. INTERRUPTION OF SERVICE The Association will exercise reasonable care to provide adequate and continuous service, but does not guarantee same, and shall not be liable for injury, loss or damage resulting from any failure or curtailment of service; nor shall such failure or curtailment constitute a breach of contract. The Association shall have the right to temporarily suspend service for the purpose of making repairs or improvements to its facilities to cause the least inconvenience to the Members. Every attempt will be made by the Association to notify any Member(s) who may be affected. 25. RIGHT TO RESTRICT WATER USE The Association reserves the right, in case of shortage of water to make orders through the Superintendent forbidding use of water for irrigation, sprinkling or other purposes. Such orders may be made at any time. 26. WATER USE DURING FIRE Without exception, the use of water during the progress of any fire within the Association's area will be forbidden. All irrigation, sprinkling and any other use of water, except for fire fighting, shall be immediately stopped when the alarm for fire is sounded and shall not be begun again until the fire is extinguished. 27. FIRE STAND OBSTRUCTION PROHIBITED It will be unlawful for any person to obstruct or hinder the access to any fire stand by placing around or upon the stand any brick, lumber, stone, dirt, or any other material or thing, or to permit or cause to be permitted any such material to be placed around or thereon by those in his employ, or in any other manner not mentioned herein,obstruct the free access to any such fire stand, or to attempt to draw water therefrom, or willfully or carelessly injure any fire stand within the Association's area. 28. FIRE STAND -- UNAUTHORIZED USE All fire stands shall be under the control of, and shall be kept in repair by, the Water Department, and by the Fire Department in case of fire, and such other persons as the Superintendent may authorize to have free access to the stands. It is unlawful for all other persons to open any fire stand or attempt to draw water therefrom or willfully or carelessly injure any fire stand. 8t( PG I 0 I 6

7 ,C"-..j CHIWAWA COMMUNITIES ASSOCIATION ~ater Service Regulation 29. WASTE OR WATER Excess or wanton waste of water by the Member, at the discretion of the Trustees or the Superintendent, shall constitute an infraction of these Water Regulations. The Superintendent, or Trustees, will then request the Member to immediately cease and desist this excess or wanton waste of water. If the Member does not comply with the request of the Superintendent and/or the Trustees, the Member will then have a restriction installed by the Superintendent ahead of the line, complying with Washington State Code of 40 PSI, or complete turn-off of water. If such restriction is placed ahead of the line, or if the water is turned off at the main, it will in no way affect the status of the Member's assessment ATTEST; ~, C\, t\w 0t.040 G~ia Fisk, president STATE OF WASHINGTON ) ) ) 0';:'2~ d:o-yvj~/t;/, ~~~~e K. Ormiston, vice-president --,"'II --,,~~ LAASOt.;', P' ~'\.J '. 't "3 ~.,~ ~A~i'i/.. h ~.'0' ~ r."o'. r I! it '<It,,~..~y- -t' -", 0, ~A. II.:;! ~'", z: ~ i'.. _'~"_~' f. ',,~,-,.,ft<~...,., ~ 0',., ~l ('" ~~~.".,~.'",.,. "I.~ ~"-:.~":'~... ~ ",0' t..- k.', t. ',- t)' 0 "., t,.:/:-',": r:: t.." ~..! ~>,.- (101~; _..otr ". "' ~'., ~ I!, ~",~.. - '.- "."." ~r:..'. \' \,,: n:,\',), ~ ~ I, Nona Larson, Notary Public"-;i..:p..~: a:qq~ror the State of Washington, do hereby certify that on this..3b... "' (fay of ~, 1992, personally appeared before me Gloria Fisk and Bru~e K. Ormiston to me known to be the individuals described in and who executed the within instrument and acknowledge that he/she signed same as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~D V)b,?v~ Nona Larson, Notary Public in and for the State of Washington, residing at Leavenworth in said county. My Commission expires: 04 May 1994 R,',r,; 0 f) 8- r-..pg. ui\,'::j I

TITLE 19 ELECTRICITY AND GAS CHAPTER 1 GAS 1

19-1 TITLE 19 ELECTRICITY AND GAS CHAPTER 1. GAS. CHAPTER 1 GAS 1 SECTION 19-101. Application and scope. 19-102. Definitions. 19-103. Application and contract for service. 19-104. Service charges for temporary