By-Laws

BY-LAWS

OF

KINGS MOUNTAIN PARK WATER COMPANY

ARTICLE I
MEMBERSHIP

SECTION 1:Any person having a water meter installed on his or her lot is a member of this corporation, provided, however, that such person must be the owner of said lot. It shall be a condition precedent to the exercise of the right of membership that such title appears of record and that all charges and assessments be paid when due.

SECTION 2:Membership In the corporation shall be appurtenant to said lot of the member and shall, if there is a water meter on said lot, pass to the grantee or transferee.

SECTION 3:Membership in the corporation depends upon the number of water meters installed. There shall be one member per water meter regardless of how the title to the lot involved stands and regardless of how many water meters a person may have.

SECTION 4:Each member of the corporation shall have such a property interest in the corporation as is represented by the ratio of the number of water meters a member has to the total number of water meters installed.

SECTION 5:Regardless of the contents of this Article, it is understood that the Coast Side Elementary School District is not a member of this corporation, however, in Articles II and III of these By-laws, the term “member shall-include such School District.

ARTICLE II
DISTRIBUTION OF WATER

SECTION 1: Each member who has a meter installed on his or her property shall be entitled to water from this corporation.

SECTION 2:

  1. The corporation shall maintain the water system as originally laid out in what is known as KINGS MOUNTAIN PARK as per map thereof recorded in the office of the County Recorder of San Mateo County, California, In Book 16 of Original Maps at pages 59 and 60.
  2. The Board of Directors shall adopt rules and regulations, as occasion may require, providing for the manner, method, location and specifications of additional mains and water lines to be installed, providing for the installation of water meters and providing for the size, type of pipe and size of outlet that may be used for the connection of a meter.

SECTION 3:No member shall divert any of the water to which he or she may be entitled for use on any land whatsoever, other than the land to which the water meter is attached.

ARTICLE III
CHARGES AND ASSESSMENTS

SECTION 1:The cost of the operation and maintenance of the water system shall be borne and paid by the members under such rules and regulations as the Board of Directors shall make and prescribe.

SECTION 2:The Board of Directors shall fix a minimum rate per month, per meter. In addition thereto, each member shall pay the rate fixed by the Board.

[Click here for more information on the Volunteer Assessment]

SECTION 3:

  1. Each member consents that employees or agents of the corporation may enter into and upon his or her property whenever necessary to inspect or repair the water system or to read the water meter, or to disconnect the water meter upon termination of membership rights.
  2. All water lines of a member located upon his or her property shall be kept in repair by the member. If said lines leak water, whether due to wear, neglect, or injury, the member shall promptly correct the same so as to prevent waste of water. If the member fails, refuses, or neglects to correct the leaking condition, the corporation may cause the same to be done and the member shall pay the corporation the reasonable cost thereof.

SECTION 4:The charges and assessments due from the members under the rules and regulations adopted by the Board of Directors shall be billed monthly, or at such other intervals as may be fixed by the Board.

SECTION 5:Where assessments are levied by special resolution of the Board of Directors, a copy of such resolution shall be sent to the members upon whom the assessment is made.

SECTION 6:Payment of all charges and assessments when due shall be a condition precedent to the right to receive water. If any assessment or charge shall remain unpaid for a period of one month after the same becomes due, the Board of Directors may, after giving not less than ten (10) days written notice of its intended, action, shut off the water to the member so delinquent. Payment of delinquent charges and assessments may be enforced by legal action.

SECTION 7:A member whose water has been shut off pursuant to Section 6, or the transferee of such member, may have the water turned on again, in the discretion of the Board of Directors, by the payment of the delinquent charges, assessments and penalties, and by the payment of such sums as would have become due as charges and assessments during the period of termination,

SECTION 8:Each member shall be required, before water is distributed to him or her, to apply in writing for water service. Such application shall Include an agreement to be bound by these By-laws and the rules and regulations adopted pursuant thereto, shall contain an agreement to pay for the installation of a water meter, to pay all charges and assessments when due.

ARTICLE IV
DIRECTORS

SECTION 1:The corporate powers of this corporation shall be vested in a Board of five (5) Directors, who shall be members of this corporation, and three (3) Directors shall constitute a quorum for the transaction of business.

SECTION 2:The Directors shall be elected by ballot at the annual meeting of the members, to serve for one (1) year and until their successors are elected or appointed. Their term of office shall begin immediately after election.

SECTION 3:Vacancies in the Board of Directors shall be filled by the remaining Directors when assembled as a Board, and such appointees shall hold office until the first annual meeting of the members thereafter.

SECTION 4:The Board of Directors shall have power:

  1. To call special meetings of the members whenever they deem it necessary.
  2. To appoint and remove at pleasure all officers, agents and employees of the corporation, prescribe their duties, fix their compensation and require from them security for faithful service.
  3. To conduct, manage and control the affairs and business of the corporation and to make rules and regulations not inconsistent with the laws of the State of California or the By-laws of this corporation, for the guidance of the officers and management of the affairs of this corporation.

SECTION 5: It shall be the duty of the Board of Directors:

  1. To cause to be kept a complete record of all their minutes and acts, and of the proceedings of the members, and present a full statement at the regular annual meeting of the members, showing in detail the assets and liabilities of the corporation, and generally the condition, of its affairs.
  2. To supervise all officers, agents and employees and see that their duties are properly performed, and cause certificates of membership to be issued to the members of this corporation.

SECTION 6: A meeting of the Board of Directors shall be held by the Board within two weeks after the annual meeting of members, and other meetings shall be held by the Board at such times and places as the President of the corporation may prescribe.

SECTION 7: The members of the Board of Directors shall serve without compensation and no member of the Board of Directors shall be eligible for appointment to any salaried office or position in the operation of the water system.

ARTICLE V
OFFICERS

SECTION 1:The officers shall be a President, Vice-president, Secretary and Treasurer, which officers shall be elected by and hold office at the pleasure of the Board of Directors. The compensation and tenure of office of all the officers of the corporation (other than Directors) shall be fixed and determined by the Board of Directors. All officers of the corporation (other than Directors) maybe appointed and elected by the Board of Directors by motion duly made, seconded and carried, or by resolution of the Board of Directors. The offices of secretary and treasurer may be held by the same person.

SECTION 2:PRESIDENT: The Board of Directors shall, at their first regular meeting after the annual meeting, elect one of their number to act as President. If at any time the President shall be unable to act, the Vice-President shall take his place and perform his duties. The President, or, in his absence, or inability to act, the Vice-President

  1. Shall preside over all meetings of the members and Directors, and shall, in case of a tie only, have a vote.
  2. Shall as President, sign all certificates of membership and all contracts and other instruments of writing which have been first approved by the Board of Directors.

SECTION 3:SECRETARY: The Board of Directors shall appoint a secretary. The Secretary

  1. Shall keep a record of the proceedings of the Board of Directors and of the members.
  2. Shall keep the corporate seal of the corporation and the book of blank certificates of membership; fill up and countersign all certificates issued, and make the corresponding entries in the margin of such book of issuance; shall affix the corporate seal to all papers requiring the seal.
  3. Shall serve all notices required either by law or the By-laws of the corporation.
  4. Shall keep books showing the lots to which each water meter is attached, the legal title to said lots and the change, if any, in said title; the date’s of the issuance of any membership certificates and to whom issued, and shall discharge such other duties as pertain to his office and as are prescribed by the Board of Directors.

SECTION 4: TREASURER: The Board of Directors shall appoint a treasurer. The Treasurer

  1. Shall receive and deposit in such bank or banks, as the Board of Directors may direct, all the funds of the corporation; shall sign, or countersign all checks drawn on said account or accounts, as the Board of Directors may designate.

ARTICLE VI
MEMBERSHIP CERTIFICATES AND TRANSFER

SECTION 1:Certificates of membership shall be of such form and device as the Board of Directors may direct. Each certificate shall be signed by the President and by the Secretary and express on its face its number, date of issuance and the name of the person to whom it is issued. There shall be one membership certificate for each water meter (with the exception of the Coast Side Elementary School District). The membership represented by the certificate shall be transferred upon the transfer of legal title to the lot to which the water meter is attached.

SECTION 2:When title to a lot to which a water meter is attached is transferred, the certificate of membership to that lot shall be turned in to the Secretary to be cancelled. If the payment of all charges and assessments has been made, a new certificate shall be issued to the transferee of the title to the lot to which the water meter is attached.

SECTION 3:No surrendered certificate shall be cancelled by the Secretary before a new one is issued in lieu thereof, and the Secretary shall preserve the certificate so cancelled as a voucher. If, however, a certificate shall be lost or destroyed, the Board of Directors may order a new certificate issued upon such guaranty by the parties claiming the same, as the Directors may deem satisfactory.

ARTICLE VII
MEETINGS

SECTION 1:The annual meeting of the members shall be held in the County of San Mateo on the second Saturday in January of each year. Notice of the time and place of the meeting shall be given in writing, at least ten (10) days prior thereto to each member appearing upon the records of the corporation. Such notice shall be mailed to each member at the address of said member as appears upon the corporation records. Special meetings of the members shall be called in like manner after five (5) days notice.

SECTION 2:No meeting of the members shall be competent to transact business unless twenty-five percent (25%) of the membership shall be present, except to adjourn from day to day, or until such time as may be deemed proper.

SECTION 3:At such annual meeting of the members, Directors for the ensuing year shall be elected by ballot to serve for one year and until their successors are elected. If, however, for want of a quorum or other cause, a members meeting shall not be held on the day above named, or should the members fail to complete their election, or such other business as may be presented for their consideration, those present may adjourn from day to day until the same shall be accomplished.

SECTION 4:Meetings of the Board of Directors: shall be held in accordance with the provisions of Article IV, Section 6.

ARTICLE VIII
VOTING

SECTION 1:At all corporate meetings each member, either in person or by proxy, shall be entitled to vote on the basis of one vote for each water meter installed on his or her property. All proxies shall be in writing and filed with the Secretary.

ARTICLE IX
AMENDMENTS

SECTION 1:The By-laws may be repealed or amended at any meeting of the members by a vote representing a majority of the votes, to which all members together are entitled, or by the Board of Directors when thereunto authorized at any meeting of the members by a vote representing a majority of the votes to which all members together arc entitled.

ARTICLE X
SEAL

SECTION 1:The Corporation shall have a common seal, consisting of a circle with the words “KINGS MOUNTAIN PARK WATER COMPANY”, with the words “Incorporated, April 29, 1952” in the center of said circle.

KNOW ALL MEN BY THESE PRESENTS: That the undersigned Secretary of the corporation known as “KINGS MOUNTAIN PARK WATER COMPANY” does hereby certify that the above and foregoing By-laws were duly adopted by the Directors of said corporation, as the By-laws of said corporation, on the 22nd day of June, 1952, and that the same do now constitute the By-laws of said corporation.