By-Laws
SHAWNEE WATER CONSUMERS ASSOCIATION
Shawnee, Colorado
By-Laws 2017
Article One: Membership
Section 1 - Qualifications and Obligations
Shawnee Water Consumers Association hereafter called the SWCA consists of members with the common purpose of water delivery to real property owned by the membership. Any person, corporation or body politic may become a member in the SWCA by the approval of five-sevenths (5/7) majority vote of the Board of Directors. Membership is demonstrated by:
A. Paying a new service connection fee or membership transfer fee (for existing connection) hereinafter specified;
B. Agreeing to receive and pay for water from the SWCA at the current rate as hereinafter specified; and
C. Agreeing, in the Membership application, to comply with and be bound by:
1. The Articles of Incorporation of the SWCA filed with the Colorado Secretary of State.
2. These by-laws and any amendments thereto.
3. The assessments, rules and regulations as adopted by the Board of Directors.
Section 2 – Membership Definition
Membership is defined by the existence of a service connection to the SWCA pipeline, the ownership of the real property served, and the written application to be bound by the SWCA by-laws and articles of incorporation. Service connections and metering are described in the rules and regulations.
Section 3 - Use of Water, Water Rates
Each member shall receive, from the SWCA, water to be used for domestic purposes on the property included in each membership. Rates shall be revised accordingly on or before, May 1 of each year. Upon review, the rates may be adjusted according to expenses for the current fiscal year by resolution of the Board of Directors. Billing for each member shall be bi-monthly, based on readings of each member's water meter which records water usage for each time period in the billing cycle. Other fees and assessments for water augmentation, emergency repairs, or maintenance, may be imposed by a five-sevenths (5/7) majority vote of the SWCA Board of Directors. The water, which the SWCA shall furnish to any member, will be consumed in compliance with the SWCA's plan for water augmentation approved by the Colorado District 1 Water Court. The SWCA and its members will also use water in compliance with water quality regulations of the Colorado Division of Water Quality. Member access to the meter pit is prohibited. Access to the meter pit is supervised by SWCA officials. Any membership property that is undeveloped or having no water usage during the fiscal year will pay the minimum basic fee as billed by the SWCA Board of Directors.
Section 3 - Use of Water, Water Rates
Interest at the rate of 1.5% per month will be charged on assessments and water service fees delinquent for sixty (60) days from the date of the last paid in full billing. Water service shall be discontinued when the delinquency reaches one hundred twenty (120) days from the date of the last paid in full billing, unless proper and satisfactory cause is shown to the Board of Directors for said delinquency. To discontinue water service it shall require five-sevenths (5/7) majority vote of the Board of Directors. When delinquency reaches one year from the date of the last paid in full billing, it shall be cause for the loss of membership in the Association unless proper and satisfactory cause is shown to the Board of Directors for said delinquency. To revoke a membership in the Association it shall require a six-sevenths (6/7) majority vote of the board of Directors. Reinstatement of membership is defined in the rules and regulations part 1.04.
Section 4 - Transfer of Membership
Membership in the SWCA shall be transferable to any person, firm, corporation, or body politic who or which is eligible for membership under the provisions of Article One, Section 1. Transfer of membership will follow prescribed steps listed in the rules and regulations.
Article ll. Meetings of Members
Section 1 - Annual Meeting
The annual meeting of the members shall be held by the directions of the Board of Directors each year at Shawnee. Colorado, for the purpose of electing directors, receiving reports of officers and for the transacting other business as may come before the membership.
Section 2 - Special Meetings
Special meetings of the membership may be called by the Board of Directors, or by at least twenty-five (25) percent of all members, such meetings to be held in Shawnee, Colorado.
Section 3 - Notice of Members Meetings
Written notice of all annual or special meetings shall be sent by United States Postal Service mail or email, by the Secretary to each member at his/her last known address, and a printed notice placed in Shawnee Post Office not less than ten (10) days before the date of the meeting. The failure of any member to receive or to see the notice or to attend any annual or special meeting of the members shall not in any way invalidate the legal actions taken by the members at the meeting.
Section 4 - Quorum
One-third of the membership shall constitute a quorum at any annual or special meeting of the members.
Section 5 - Votes
Each member, regardless of the number service connections utilized, shall be entitled to only one vote at any annual or special meeting of the members.
Section 6 - Proxies
At any annual or special meeting of the members, a member may vote by proxy. The proxy must be executed by given word or in writing to another member or a relative by blood or marriage. The proxy must be presented to the Secretary before, or at the time of the meeting.
Article III. Directors
Section I - General Powers
The affairs and management of the SWCA shall be under the control of the SWCA Board of seven (7) elected directors.
Section 2 - Qualifications and Tenure
Any member who is in good standing is eligible to be elected a director or an officer. Directors are to be elected to serve for a term of two (2) years from the date of the annual meeting of the members. Four directors shall be elected in the odd number years and three directors shall be elected in the even numbered years.
Section 3 - Nominations
Nominations of directors will be made from the floor of the annual meeting.
Section 4 - Vacancies
Vacancies occurring in the Board of Directors may be filled by the Board of Directors for the remainder of the unexpired portion of the term.
Section 5 - Compensation
Directors and officers shall not receive any salary, discounts on water rates, or discounts on service connection fees for their administrative service.
Section 6—Insurance and Indemnity
The SWCA shall maintain officers and directors insurance coverage under the association’s general liability policy.
Section 7 - Rules and Regulations
The Board of Directors shall have the power and responsibility to make and adopt such rules and regulations consistent with the articles of incorporation of the SWCA and these by-laws.
Section 8 - Accounting System and Reporting
The Board of Directors shall supervise and audit annually the accounts, bank statements, checkbook and receipts, etc. of the Treasurer. Annual Reports shall be prepared and filed with the IRS, the state of Colorado, and the SWCA membership.
Article IV, Meeting of Directors
Section I – Meetings
The meetings of the Board of Directors shall be called any time by the President, or by any three (3) Directors. The person or persons authorized to call a meeting may name the time and place. The Secretary shall send all notices of meetings of Directors at least five (5) days before the date of the meeting. The Board of Directors may waive the notice requirement at any called meeting. Meetings may be “virtual” with votes taken by mail, email, telephone or fax and are considered valid and binding.
Section 2 – Quorum
Five-sevenths (5/7) of the Board of Directors shall constitute a quorum of an annual, regular or special meeting of the Board of Directors. Proxies may be executed by given word or in writing to another board member. The proxy must be presented to the Secretary before, or at the time of the meeting.
Article V, Officers
Section I - Number
The officers shall be a President, a Vice President, a Secretary, and a Treasurer and are elected by the Board of Directors at the first meeting of the board following the annual meeting of the members. Officers shall serve a term of one year.
Section 2 - Duties of Officers and Directors
The officers and directors shall perform the usual duties incident to their respective positions and shall perform such other duties as may be assigned by the Board of Directors.
Article VI, Fiscal Year
Section 1 - Term
The fiscal year of the association shall begin on the first day of January of each year and end on the last day of December of that year.
Article VII, Amendments
Section 1- Amendments
These by-laws may be amended or repealed by a two-thirds (2/3) majority affirmative vote of the SWCA board of directors present at any regular or special meeting, provided the notice of such meeting shall have contained a copy of the proposed amendment or repeal.
Section 2- Dissolution
Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of all assets in a manner to be determined by the Board of Directors. Any of such assets not so disposed of shall be disposed of by the District Court of the County in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine.
Approved this 6th day of September, 2017 upon a vote of the membership present.
_______________________________ ________________________________
SWCA President SWCA Secretary
Shawnee Water Consumer’s Association
Shawnee, Colorado
Rules and Regulations 2017
Section 1. General:
1.01: The following rules and regulations are approved, adopted and bind the Shawnee Water Consumer’s Association and its’ members hereafter referred to as the SWCA and/or members. The rules and regulations are the guiding document to the SCWA members, the current Board of Directors and future Boards of Directors.
1.02: Member maximum number and responsibilities: There are 30 member households.
Members are expected to pay bills on time, appear at annual meetings, and serve on
the board of directors, work crews and committees.
1.03 Membership transfers: The transferee pays $75 to SWCA to transfer membership. The
new membership commences with signing the Membership Application Affirmation of by-laws.
1.04 To establish a new, standard service connection in addition to the existing 30, the current estimated price to be solely born by a new member is $16,800. This estimated new standard service connection price serves only as a starting point when a new standard service connection is requested. For renewing a lost membership due to delinquency the board will set the renewal fee based on availability and costs to the association. Final pricing and water availability will be determined on an individual case basis by the Board of Directors.
1.05 Plumbing limits of a service connection, the responsibility of the SWCA, ends at the valve and meter pit that serves the member. The meter readout device may be mounted at a convenient location on the member’s property. Member access to the meter pit is prohibited.
Contact SWCA officials for any access to the meter pit.
1.06 Cost of a service connection is not refundable, is not a tangible asset of the member and cannot be sold, traded or otherwise disposed of by a member. The service connection is property of the SWCA and provided for domestic water delivery by the SWCA to the member..
1.07 Limitation of service area is limited to the existing system infrastructure, real easements and the water augmentation plan.
1.08 Duties of officers: President – calls meetings, presides over meetings, oversees
operations; Vice-president – acts when the president is not available; Secretary- manages the minutes of meetings, manages correspondence to the membership; Treasurer – manages bookkeeping, oversees accounts, prepares reports.
1.09 The Emergency Response Plan provides additional information for proper response during emergencies.
1.10 The SWCA Caretaker will be a state certified operator in responsible charge fulfilling all ORC requirements. The SWCA caretaker is paid to maintain the water system, oversee water quality and volume requirements, perform and file necessary testing documents, and all other duties consistent with the Caretaker job description.
Section 2. Water Rights and Water Quality:
2.01 Water Augmentation Plan requirements: Regular maintenance of ditches, pipelines and
reservoirs. Reporting diversions and releases to the Water Commissioner. Irrigation limited to an aggregate of .20 acres, or about 175 square feet per member. A max of 50 homes may be served.
2.02 Water Augmentation reporting duties and management schedules are to be maintained.
2.03 Water Rights: Mack No. 2 Ditch (1863) .008 c.f.s. (3.5 gpm) not to exceed .2 acre feet
of consumptive use; Lake Shawnee Reservoir 3 acre feet of storage; Kennedy Gulch pipeline (1880) .5 c.f.s, Shawnee Water Supply Ditch/ Price Ditch (1947) .5 c.f.s, Shawnee Reservoir 6.47 acre feet of storage.
2.04 Water is used only for domestic purposes. Domestic use is defined as uses typical to household activities. SWCA water augmentation plan permits an aggregate of .25 acres of irrigation or 363 square feet per household.
2.05 The SWCA board of directors has the power to limit the usage of water for irrigation.
2.06 The SWCA requires backflow prevention devices on the members water line to prevent contamination of the water system. These costs are the responsibility of the member. the member will allow SWCA to inspect their water lines.
Sections 3. Water Rates:
3.01 Standard Service Connection (formerly known as “Tap”) and Facilities Fee is a monthly fee to cover pipeline and equipment maintenance.
3.02 Meter Fee is a monthly fee to cover the costs of reading and recording water use.
3.03 Water Usage Fee is billed at a low rate for the first 2000 gallons and for additional
usage water is billed at a higher rate.
3.04 Special Assessments are billed and shared by all members when unusual or unplanned maintenance and repairs are required.
3.05 The waterline from the valve/meter pit into and through the house is the property of the member. Costs for leaked water, repairs and maintenance are paid by the member. Repairs of leaks must be made within 15 days of discovery.
3.06 Meter pit water shutoff and restoration fee is $125.
Section 4. Amendments and Modifications:
4.01 Amendments to the Rules and Regulations are made by the SWCA Board of Directors at board meetings.
SHAWNEE WATER CONSUMER'S ASSOCIATION
CONSUMER MEMBERSHIP APPLICATION, NOTIFICATION
AND AFFIRMATION OF BY-LAWS
Shawnee Water Consumers Association hereafter referred to as SWCA is a non-profit corporation that supplies water to qualified homeowners of the Shawnee, Colorado community. A SWCA consumer member is an owner of a qualified SWCA water supplied property or a property that is qualified but not developed. The Colorado Division of Natural Resources has approved SWCA as a class C water provider and will not allow any new water wells to be drilled within the SWCA service area. The SWCA has a board of seven directors that are elected from and by the SWCA membership. The SWCA by-laws are available on-line and may be emailed upon request. Contact information and addresses are found below.
The following signed qualified consumer member(s) make application to join and agree to honor all provisions stated in the by-laws and rules and regulations of the SWCA. Application Fee of $75 will be billed on first billing statement.
The below signed affirm their SWCA consumer membership by:
A. Agreeing to receive and pay for water from the SWCA at the current rate as set by the Board of Directors.
B. Agreeing to comply with and be bound by:
1. The Articles of Incorporation of the SWCA on file with the Colorado Secretary of State.
2. The SWCA by-laws.
3. The assessments, rules and regulations as adopted by the SWCA Board of Directors.
Consumer Member Signature _____________________________ date___________
print name ______________________________
Consumer Member Signature _____________________________ date___________
print name ______________________________
Local Address __________________________________________________
__________________________________________________
Mailing Address __________________________________________________
__________________________________________________
Certified by:
Shawnee Water Consumer's Association President, Secretary, Treasurer,
or designated board member.
Name__________________________________________Date_______________
Contact Information: Email: ShawneeWater@gmail.com, Phone: 303-555-5555,
Website: https://sites.google.com/site/ShawneeWater,
Write to: Shawnee Water Consumer's Association, PO Box 163, Shawnee, CO 80475
Below are membershhip applications in both PDF and Word
SWCA member appl&agreement 2019.pdfSWCA member appl&agreement 2019.docx