NEWPORT MUNICIPAL UTILITY DISTRICT


ORDER ADOPTING WATER CONSERVATION PLAN; PROVIDING FOR IMPLEMENTATION AND ENFORCEMENT THEREOF; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT


The Board of Directors (“Board”) of Newport Municipal Utility District (“District”) met at the Board’s regular meeting place on April 22, 2009, with a quorum of Directors present, as follows:

Jim Hembree, President

Dale Glazner, Vice President

Elwin Walker, Secretary

Robert Archer, Assistant Secretary

Don Cox, Director

and the following absent:

None


when the following business was transacted:

The order set out below was introduced and considered by the Board.  It was then moved, seconded and unanimously carried that the following order be adopted:

WHEREAS, the Board of Directors of Newport Municipal Utility District has carefully considered the current water conditions in the District and area-wide and has determined that the adoption of this Water Conservation Plan (the “Plan”) by the District is necessary to ensure that an adequate supply of water is maintained; and

WHEREAS, the Board of Directors of the District desires to evidence its approval of this Plan and to adopt such Plan as the official policy of the District;

NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF NEWPORT MUNICIPAL UTILITY DISTRICT THAT:

Section 1.  Approval of the Plan.  The Board of Directors of the District hereby approves and adopts this Plan as set forth in this Order, and the provisions of such Plan shall be implemented immediately and enforced as rules of the District.

Section 2.  Declaration of Policy, Purpose and Intent.  The purpose of the Plan is to promote the efficient and responsible use of water by (1) implementing structural programs that result in quantifiable water conservation results, (2) developing, maintaining and enforcing water conservation policies, (3) adhering to all applicable rules of the Texas Commission on Environmental Quality and/or the Texas Water Development Board and (4) supporting public education programs that educate customers about water and wastewater facilities operations, water quantity and quality, water conservation and non-point source protection.

Section 3.  Service Area.  Profile data for the District water utility is provided in Appendix “A”.  Appendix “A” includes data on the District’s service area, including population and customer data, water use data, water supply system data and wastewater data.  The Appendix “A” shall hereafter be updated at least once every five years.

Section 4.  Five-year and Ten-year Targets.  The District shall use reasonable efforts to reduce water loss and municipal use of water.  In doing so, the District has identified the following goals for water savings:

A. Five-year Target:  Within five (5) years of the date hereof, the District shall attempt to reduce the average daily municipal use of water in the District’s service area by 3 gallons per capita per day (“gpcd”) and to keep the unaccounted water in the system below 10% annually.

B. Ten-year Target:  Within ten (10) years of the date hereof, the District shall attempt to reduce the average municipal use of water in the District’s service area by 13 gpcd and to keep the unaccounted water in the system below 8% annually.

Notwithstanding the targets identified above, the District shall not be obligated to achieve any water savings in its service area, and the District’s failure to do so shall not subject the District to any liability whatsoever.

Section 5.  Metering Devices.  The District will implement a plan of universal metering of all water delivered by the District, and all such metering devices will be calibrated regularly to ensure reasonable accuracy.

Section 6.  Unaccounted Water Usage.  The District authorizes the District’s operator to implement any reasonable program to determine unaccounted for uses of water and to make recommendations to the District regarding measures to control such unaccounted for uses of water.  Such measures may include periodic visual inspections along distribution lines, annual or monthly audits of the water system to determine illegal connections, and investigation of abandoned services.  The District’s operator shall also establish a program of leak detection, repair, and water loss accounting for the water storage, delivery, and distribution system in order to control unaccounted for uses of water.

Section 7.  Continuing Public Education and Information.  The District hereby institutes an educational program, to be implemented immediately, to promote the Plan by the general public which may include any of the following:

A. Publications of articles in a newspaper or newsletter of general circulation in the District’s service area, providing information regarding water conservation;

B. Direct distributions to all customers of the District of educational and informational material regarding water conservation; and

C. Additional educational activities consisting of (i) conducting an informational school program in a school attended by students within the District’s service area, or (ii) conducting an educational program for Users at a public place within or accessible to residents within the service area of the District, or (iii) conducting or engaging in such other informational or educational activity designed to further water conservation measures as, in the discretion of the Board of Directors, may be consistent with the purposes and policies of this Plan, or (iv) any combination of the foregoing.

Section 8.  Cost-based Rate Structure.  The District hereby acknowledges that it has adopted an increasing block water rate structure, as reflected in Section V of its Rate Order adopted on May 28, 2008 (attached hereto as Appendix “B”), that is intended to encourage water conservation and discourage excessive use and waste of water.

Section 9.  Reservoir Systems Operations Plan.  The District does not own any reservoirs within a common watershed or river basin and is not required to establish a reservoir systems operation plan.

Section 10.  Implementation and Enforcement.  Without limitation to specific actions stated in this Plan to be taken by the District’s operator, the District’s operator will administer and enforce this Plan, and will oversee and be responsible for the execution and implementation of all elements of this Plan.  The operator shall report to the Board of the District, at meetings of the Board, regarding actions taken and which need to be taken under this Plan.

Section 11.  Record Management.  The District authorizes the District’s operator to establish a record management system to record water pumped, water delivery, water sales, and water losses, and which allows for the segregation of water sales and uses into residential, commercial, public and institutional, and industrial user classes.

Section 12.  Wholesale Water Customers.  The District shall require that each successive wholesale customer develop and implement a water conservation plan or water conservation measures in compliance with all applicable rules of the Texas Commission on Environmental Quality.  This requirement will also extend to each successive wholesale customer in the resale of water.

Section 13.  Five-year Review.  The District shall review and update the Plan every five years, or more frequently, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information.

Section 14.   Coordination with Regional Water Planning Group.  The service area of the District is located within the Region H Regional Water Planning Group of the Texas Water Development Board and the District has provided a copy of this water conservation plan to the San Jacinto River Authority.  



[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

Passed, ordered and approved, this April 22, 2009.


      


      JIM HEMBREE

  


  President

ATTEST:



ELWIN WALKER



Secretary




Appendix “A”


Utility Profile



Appendix “B”

[Section V of Rate Order Dated May 28, 2008]

V.

WATER AND SEWER SERVICE

A. Deposit.  A security deposit of $100 shall be collected on all new residential connections or reconnections in the District from those persons who own or are purchasing such residences.  A security deposit of $150.00 shall be collected on all new residential connections or reconnections in the District from those persons who are renting or leasing such residences.  Such deposits shall be payable within ten (10) days of the establishment of service.  A security deposit equal to two (2) months’ water and sewer service charges shall be collected for each commercial connection that is separately metered.  The commercial deposit shall be based upon historical usage if the connection has had prior usage, or in the case of a new connection, the commercial deposit shall be based upon the District’s reasonable estimate of usage for a connection of that size.  The deposit shall be refundable when a Customer moves from the District, contingent upon the Customer’s providing proof of payment of all bills owed the District.  If a residential Customer moves from one residence to another within the District and has established a good history of payments during the preceding five years, then the security deposit on the former residence shall be transferred to the new residence, and the Customer shall not be required to make an additional security deposit.


B. Use of Deposit.  At any time that a Customer is delinquent in paying any bills of the District assessed pursuant to this Order, the District may transfer any deposit or part thereof to its operating fund to pay such bills and may require that such deposit be replenished by the amount of the then-current deposit.   If such customer has not established a deposit with the District, then the District may require that a deposit be made by the Customer pursuant to Section V. A. of this Order.


C. Rates.  The following rates and charges for the sale of water and collection and disposal of waste, or either, shall be in effect within the District from the effective date of this Order.


MONTHLY WATER SERVICE RATES


Single family residential units with separate meter

For first 5,000 gallons of water used

$36.00 (minimum charge)


 

For next 7,000 gallons of water used

$0.90/each 1,000 gal.


 

All over 12,000 gallons of water used

$1.20/each 1,000 gal.


Commercial Units with Separate Meter, including

For first 5,000 gallons of water used

$40.00 (minimum charge)

Commercial Irrigation and

Community Customers

 

For next 7,000 gallons of water used

$0.90/each 1,000 gal.

 

All over 12,000 gallons of water used

$1.20/each 1,000 gal.


MONTHLY RATES FOR RESIDENTIAL WASTE COLLECTION AND

DISPOSAL SERVICE


Each single family residential unit

For first 5,000 gallons of water used

$21.00 (minimum charge)


 

For next 7,000 gallons of water used

$0.90/each 1,000 gal.


 

All over 12,000

gallons of water used

$1.20/each 1,000

gal.

 MONTHLY RATES FOR COMMERCIAL SANITARY SEWER SERVICE

 


Each commercial unit with separate meter, including Community Customers

For first 5,000 gallons of water used

$23.00 (minimum charge)


 

For next 7,000 gallons of water used

$0.90/each 1,000 gal.


 

All over 12,000 gallons of water used

$1.20/each 1,000 gal.


UNITS OPERATING OFF MASTER METER

Water

The total amount of water usage by all units served by a master meter, as indicated by the reading of the master meter, shall be divided by the number of units served by such meter.  The resulting quotient shall be considered the usage for each unit.  Each unit shall be charged in accordance with the water rates for single family residential units with a separate meter based upon such average usage, whether or not such unit is occupied.


Sanitary Sewer Service

Each unit served by a master meter shall be charged for sanitary sewer service according to the following schedule, according to the calculated average water usage, whether or not such unit is occupied:

Each unit served by  For first 5,000 gallons $10.00 (minimum charge)

Master meter   of water used


For next 7,000 gallons $0.90/each 1,000 gal.

of water used


All over 12,000 gallons $1.20/each 1,000 gal.

of water used


MONTHLY RATES FOR RESIDENTIAL AND COMMUNITY IRRIGATION CUSTOMERS

Each Irrigation Customer, except for Commercial Customers, furnished with water service through a separate meter shall be charged the following monthly water service rates.

 Residential--$2.50 per 1,000 gallons of water used

 Community--$2.00 per 1,000 gallons of water used


WATER AND WASTEWATER TREATMENT SERVICE TO

VOLUNTEER FIRE DEPARTMENTS

For water and wastewater treatment service provided to any volunteer fire department in the District, the District shall charge a rate of $1.00 per month through each metered connection.


RATE FOR TEMPORARY WATER AND SANITARY

SERVICE TO UNOCCUPIED RESIDENCES


 The following rates shall be charged to a consumer for water and sanitary sewer service to each unoccupied residence connected to the District’s system:

$16.00 for up to 2,000 gallons of water used, for a maximum of 10 days.

 If usage exceeds 2,000 gallons or connection time exceeds 10 days, this section shall not apply, and Customer shall be charged regular monthly water and waste disposal service rates.

FIRE HYDRANT METER RATES AND USAGE

 Any person or entity using water from a fire hydrant must first contact the District Operator and obtain a meter so that the amount of water used may be determined accurately.  The District Operator shall install the meter on the fire hydrant.  For all persons using water from a fire hydrant other than a volunteer fire department or other authorized governmental entity, a deposit of $250 will be required at the time of application, and the water used will be charged at the rate of $15.00 per 1,000 gallons used or fraction thereof.  Fire hydrant meters may only be used by any one person or entity for a temporary basis not to exceed 10 business days.  NO PERSON OTHER THAN THE DISTRICT OPERATOR OR EMERGENCY SERVICES PERSONNEL SHALL OPEN OR CLOSE A FIRE HYDRANT.


OUT OF DISTRICT RATES

The following rates shall be charged to Customers who are connected to the District’s system but who are not located within the boundaries of the District:  three (3) times the in District rates.


D. Regulatory Assessment.  The District shall assess and collect from each Customer that receives retail water and/or sewer service from the District a regulatory assessment equal to 0.5% of the District’s charges for such water and/or sewer service.  The District shall not list the regulatory assessment as a separate item on Customer utility bills, but the District shall instead deduct the amount of such regulatory assessments from the water and sewer service revenues assessed and collected pursuant to this Order for utility bills rendered on or after September 1, 1991.  The District shall remit such regulatory assessments to the Texas Commission on Environmental Quality in the manner required by law.



I, the undersigned Secretary of the board of directors of Newport Municipal Utility District, hereby certify that the foregoing is a true and correct copy of the order adopting water conservation plan and minute entry showing its adoption at the Board’s regular meeting held on April 22, 2009, the originals of which order and minute entry are on file in the minute book of the Board in the District’s office.

I further certify that said meeting was open to the public and that notice thereof was posted in compliance with the provisions of Tex. Gov’t. Code Ann. § 551.001 et seq.

Witness my hand and the seal of said District, this April 22, 2009.




Secretary




Water Conservation Plan