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IN THE MATTER OF: Ordinance No. 122
An Ordinance Amending Ordinance 76, Brooktrails Utility Code.

WHEREAS, the District is in need of a water conservation program to provide an effective means of monitoring and resolving a water supply emergency;

WHEREAS, the Department of Health has required the District to adopt a water conservation program.

NOW THEREFORE, BE IT ORDAINED by the Board of Directors of Brooktrails Township Community Services District as follows:

1. Chapter V is added to the Brooktrails Utility Code in the form as that attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth at length.

Introduced October 14, 2003, revised and reintroduced October 28, 2003, and adopted this 11th day of November, 2003, at a regular meeting of the Board of Directors of the Brooktrails Township Community Services District by the following vote:

AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi




Article 1

Section 5-101. Report to the Board of Sufficiency of Water Storage.

The General Manager shall report to the Board of Directors on or before June 15 each year as to whether the District's water storage capacity is sufficient to meet water demand through December 1 of that year and any other related matter the General Manager deems relevant. As to any identified insufficiency of water storage capacity, the General Manager shall estimate and calculate the amount of insufficiency.

Section 5-102. Insufficient Water Storage Capacity.

Upon certification by the General Manager that the District's water storage capacity is insufficient for the District's predicted water usage between June 15 and December 1 (the "Dry Period"), a noticed public hearing shall be set for the Board of Director's second scheduled meeting in June. Nothing contained herein shall be construed as limiting the General Manager's discretion to make a water supply insufficiency certification at any other time, or on any other terms.

Section 5-103. Publication.

Notice of the public hearing referenced in Section 5-102 shall be published once in The Willits News.

Section 5-104. Resolution Adopting Water Conservation Program.

Following the public hearing of Water Storage Emergency, the Board of Directors may adopt a Resolution Adopting Water Conservation Program, with appropriate findings of necessity.

In the event the Board of Directors adopts a finding that a Water Conservation Program is necessary to reduce water consumption of the District during the Dry Period, it shall adopt a Resolution Adopting Water Conservation Program ("Conservation Resolution") adopting a monthly water usage limit in cubic feet per water connection ("Conservation Reduction Target"). This resolution shall be effective upon adoption pursuant to Water Code § 375.5 and shall remain in effect until December 1 of that year, unless earlier terminated by resolution of the Board of Directors. The Conservation Resolution shall be published in the Legal Notices section of The Willits News for two successive publications and shall be posted in three conspicuous places in the District and also in a conspicuous manner upon the District's website.

Upon adoption of a Conservation Resolution, the General Manager shall cause a mailing to be made within five (5) calendar days to each water customer: (1) identifying the Conservation Reduction Target; (2) summarizing the Conservation Resolution; (3) the enforcement measures provided herein; and (4) outlining effective measures for water conservation.

Section 5-105. Preparation of Guidelines.

The General Manager is authorized and directed to develop written guidelines consistent with this Ordinance to establish the methodologies to be utilized in making determinations required by this Ordinance, including, but not limited to, determination of "sufficiency of water storage capacity."

Article 2

Section 5-201. Meter Reading Twice Monthly.

While the Conservation Resolution is in effect, the Water Department shall read water meters on a two-week cycle, unless the Board of Directors determines that the cost of such effort outweighs the benefit.

Section 5-202. Non-Conserving Customer Classification.

Any customer who exceeds the Conservation Reduction Target for any billing cycle shall be classified as a Non-Conserving Customer.

Section 5-203. Rate Surcharges for Non-Conserving Customers.

The inclining block rate charge over and above the base rate for Non-Conserving Customers shall be surcharged as follows:

(a) Two times the normal inclining block rates for the first billing cycle of non-compliance with the Conservation Reduction Target, which shall be referred to as the "First Tier Surcharge."

(b) Five times the normal inclining block rates for each billing cycle of non-compliance after two consecutive billing cycles of non-compliance, which shall be referred to as the "Second Tier Surcharge."

(c) Any customer aggrieved by any determination of liability for surcharge may seek relief pursuant to Section 1-102 of this Ordinance.

Section 5-204. Credit of Surcharges.

Upon termination of the water emergency, Non-Conserving Customers shall be entitled to a credit for any Second Tier Surcharges paid if, after first incurring Second Tier Surcharges the Non-Conserving Customer thereafter complies with the Conservation Reduction Target for the remainder of the water emergency. Such credit shall be computed only once annually in the first week of January following the adoption of the Conservation Resolution. The General Manager shall determine the cost of reading the meters on a twice-monthly rather than once-monthly basis and deduct the actual cost of such from the cumulative surcharges collected. Any amount remaining shall then be credited to the respective customers' accounts on a pro-rata basis, up to the total amount of the surcharge. There shall be no entitlement to a cash refund and the credit shall be non-transferrable.

Section 5-205. Water Restrictors.

(a) If the General Manager becomes aware of circumstances, such as extraordinary usage, leading to the conclusion that water leakage has occurred on a customer's side of the meter, and that the customer cannot be immediately reached, the General Manager may order the disruption of service to the customer immediately to conserve water until such time as the customer can be reached and the cause of the extraordinary water use can be determined. This provision shall apply whether or not a Conservation Resolution is in effect.

(b) In the event a Conservation Resolution is in effect and a Non-Conserving Customer has reached the Second Tier Surcharge for two consecutive billing periods, the General Manager may nominate such customer for installation of a waterflow restricting device to the Board of Directors by notification to such Non-Conserving Customer that the Board of Directors shall hear the General Manager's nomination at its next regularly scheduled board meeting, at which time the customer may show cause why such action should not be taken. At the conclusion of the matter, the Board may take action to deny, approve, or modify the General Manager's nomination.

(c) In the event a waterflow restrictor is installed, it shall be calibrated as close as possible to an amount equal to the median usage of complying customers. In the event the Board of Directors approves installation of a waterflow restrictor, the cost for such installation shall be charged to the Non-Conserving Customer and the Non-Conserving Customer shall not be entitled to a rate credit for compliance thereafter.

Article 3

Section 5-301. Review of Water Emergency.

The General Manager shall provide water usage data to the Board of Directors at each meeting following the adoption of the Conservation Resolution. Upon motion, the Board of Directors in consideration of such data presented by the General Manager may, upon recommendation of the General Manager, or upon its own initiative, revise the Conservation Reduction Target at any time.

Section 5-302. Development of Data.

Effective upon the adoption of this Ordinance, the General Manager shall cause the following data to be collected and reported to the Board of Directors on a monthly basis: (1) hourly waterflow into the Lake Emily Reservoir in cubic feet per second; (2) water demand in cubic feet per second; (3) acreage feet in storage; (4) water demand expressed in terms of acre feet; (5) metered daily and monthly production; (6) monthly water sold; (7) estimated monthly usage for operation and maintenance; (8) tabular relationship between water level and reservoir storage in acre feet; and (9) such other and further information as the General Manager considers to be appropriate to fully inform the Board of Directors as to status of the District's ability to provide water service to its customers.

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