HomeMy WebLinkAbout029946 ORD - 09/10/2013Ordinance amending City Code of Ordinances, Chapter 55, Article XII Water
Resource Management, regarding water resource management including
drought restrictions, providing an effective date; and providing for penalties.
Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article
XII Water Resource Management is amended and replaced with the following
sections to read as follows:
ARTICLE XII WATER RESOURCE MANAGEMENT
Sec. 55-150 Scope, purpose, : - : authorization, and definitions
(a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and
Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought
Contingency Plan 2013, dated May 28, 2013, a true copy of which is on file in the office of the
city secretary, is adopted, and shall be followed in matters concerning water conservation,
drought management, and water supply enhancement programs.
(b) Declaration of policy.
(1) It is hereby declared that the general welfare requires that the water resources
available to the city be put to the maximum beneficial use to the extent to which they are
capable, and that the waste or unreasonable use, or unreasonable method of use of water be
prevented, and the conservation of such water is to be extended with a view to the
reasonable and beneficial use thereof in the interests of the people of the area served by the
city's water resources and for the public welfare.
(2) In making decisions under this article concerning the allocation of water between
conflicting interests, highest priority will be given to allocation necessary to support human
life and health; i.e., the minimum amount of water necessary for drinking, prevention of
disease, and the like. Second highest priority will be given to allocations which will result
in the least loss of employment to persons whose income is essential to their families.
(c) Authorization. The city manager, or his designee, upon the recommendation of the assistant
city manager, public works and utilities, is hereby authorized and directed to implement the
applicable provisions of this article upon their determination that such implementation is
necessary to protect the public welfare and safety.
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(d) Definitions. The following terms used in this Article are defined as follows:
(1) "City Manager" means the City Manager or the City Manager's designee.
(2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels
directly to the soil.
(3)_ "Fountain" means an artificially created jet or stream of water: a structure. often decorative.
from which a jet or stream of water issues.
(4) "Industrial customers use of water for processing" means the use of water in processes
designed to convert materials of lower value into forms having greater usability.
(5) "Non-essential purpose" means water uses that are not essential or not required for the
protection of public health, safety and welfare.
Sec. 55-151 Water Conservation Measures at All Times.
(a) The following measures are year-round water conservation best management practices
that are in effect at all times, regardless of the reservoir levels or drought contingency
levels.
(1) Prohibition on wasting water: Actions leading to wasting of water are prohibited
and will be enforced, No person shall:
a. Allow water to run off property into gutters or streets.
b. Permit or maintain defective plumbing in a home, business establishment or any
location where water is used on the premises. Defective plumbing includes out-of-
repair water closets, underground leaks, defective or leaking faucets and taps.
c. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any
use of water connected to the City water system.
d. Use any non-recycling decorative water fountain.
e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as
driveways, parking lots, and sidewalks in public right-of-ways.
f. Operate an irrigation system at water pressure higher than recommended, causing
heads to mist, or to operate with broken heads.
(2) Time of Irrigation: Irrigation by spray or sprinklers is prohibited between the hours of
10:00 AM and 6:00 PM. It is still permissible to water by hand or by drip irrigation at any
time of day, unless the City enters Stage 4 Drought. However, the use of water is
permitted at any hour for short periods of time for testing related to the installation.
maintenance, and repair of sprinkler systems.
(3) Restaurant Water Saving: Commercial dining facilities must only serve water upon request.
Sec. 55-152 Drought Management: Drought Contingency Stages.
(a) The level of drought severity determines the extent of potential water use restrictions that
shall be implemented. Following are the levels of drought in the form of Stages:
1. Stage 1: Mild water shortage condition
2. Stage 2: Moderate water shortage condition
3. Stage 3: Severe water shortage condition
4. Stage 4: Critical water shortage condition
5. Stage 5: Emergency water shortage condition
(b) Criteria for Initiation and Termination of Drought Response Stages
(1) The City Manager, or designee, shall monitor water supply and/or demand conditions
on a weekly basis and shall determine when conditions warrant initiation or
termination of each stage, that is, when the specified "triggers" are reached. However,
the City Manager, in the exercise of the City Manager's discretion, may initiate or
terminate any stage when the City Manager deems necessary at any particular time.
(2) The triggering criterion to be monitored for determining drought response stages is
(1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake
Corpus Christi or (2), in the alternative for Stage 1, Lake Texana's level.
(3) Whenever any of the stages listed below are triggered, the City Manager shall publish
a public notice of the particular stage, in the daily newspaper of general circulation in
Nueces County.
(4) To the extent of City's legal authority, the City Manager shall require the City's raw
water and wholesale treated water customers to issue public notice advising their
water customers of conservation and drought management activities consistent with
the stages listed below.
(c) The triggering criterions are as follows:
(1) Stage 1 — Mild Water Shortage Condition
Requirements for initiation — The combined storage level of Choke Canyon
Reservoir and Lake Corpus Christi declines below 50 percent or Lake Texana
storage level declines below 400.0.
Requirement for termination — Stage 1 of the Plan may be rescinded when the
combined storage level of Choke Canyon Reservoir and Lake Corpus Christi
increases above 60 percent or Lake Texana storage level increases above
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Either of these conditions must exist for a period of 15 consecutive days before
termination of Stage 1.
(2) Stage 2 — Moderate Water Shortage Condition
Requirements for initiation — The combined storage level for Choke Canyon
Reservoir and Lake Corpus Christi declines to below 40 percent.
Requirement for termination — Stage 2 of the Plan may be rescinded when the
combined storage level increases above 50 percent for a period of 15 consecutive
days. Upon termination of Stage 2, Stage 1 becomes operative.
(3) Stage 3— Severe Water Shortage Condition
Requirements for initiation — The combined storage levels declines to below 30
percent.
Requirement for termination — Stage 3 of the Plan may be rescinded when the
combined storage level increases above 40 percent for a period of 15 consecutive
days. Upon termination of Stage 3, Stage 2 becomes operative.
(4) Stage 4 — Critical Water Shortage Condition
Requirements for initiation — The combined storage levels of Choke Canyon
Reservoir and Lake Corpus Christi declines to below 20 percent.
Requirement for termination — Stage 4 of the Plan may be rescinded when the
combined storage level increases above 30 percent for a period of 15 consecutive
days. Upon termination of Stage 4, Stage 3 becomes operative.
(5) Stage 5— Emergency Water Shortage Condition
Requirements for initiation — When the City Manager, or designee, determines that a
water supply emergency exists based on:
• A major water line breaks, or pump or system failures occur, which causes
unprecedented loss of capability to provide water service; or
▪ Water production or distribution system limitations; or
▪ Natural or man-made contamination of the water supply source occurs.
Requirement for termination — The emergency water shortage condition may be
rescinded when the City Manager, or designee, deems appropriate.
Sec. 55-153. Drought Management: Drought Best Management Practices Per Stage
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(a) In order to achieve water use reduction during drought, a series of best
management practices will be enacted and enforced at each stage of a drought. These best
management practices (BMP) are listed below by stage. During Stages 2, 3, and 4,
requests for exceptions may be presented to the Director of Water Operations or his
designee.
(b) Stage 1 Response — MILD Water Shortage Conditions
(1) Target: Achieve a voluntary 5% reduction in daily treated water demand relative
to treated water demand with the water use restrictions below.
(2) Best Management Practices for Supply Management:
The City will enact voluntary measures to reduce or discontinue the flushing of
water mains if practicable and utilize reclaimed water for non-potable uses to the
greatest extent possible.
(3) Water Use Restrictions for Reducing Demand
a. Water customers are requested to voluntarily limit the irrigation of
landscaped areas to once per week. The watering schedule will be determined by
the City Manager or designee.
b. All operations of the City of Corpus Christi shall adhere to water use
restrictions prescribed for Stage 2 of the Plan.
c. Water customers are requested to practice water conservation and to
minimize or discontinue water use for non-essential purposes.
( c) Stage 2 Response — MODE
TE Water Shortage Conditions
(1) Target: During Stage 2, achieve a 10% reduction in daily treated water demand
relative to treated water demand with the water use restrictions below.
(2) Best Management Practices for Supply Management:
In addition to the best management practices for supply management listed under
Stage 1, the City will also do the following during Stage 2:
a. Use more repair crews if necessary to allow for a quicker response time for
water-line leak repair; and
b. City crews (Water and other departments) begin monitoring customers'
compliance with Stage 2 restrictions during the course of their daily rounds.
(3) The following water use restrictions shall apply to all persons during Stage 2:
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a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation
systems shall be limited to once per week. The watering schedule will be
determined by the City Manager or designee. Customers will be made aware of
their designated watering day in accordance with Drought Contingency Plan.
However, irrigation of landscaped areas is permitted on any day if it is by
means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket
or watering can of five (5) gallons or less, or drip irrigation system with a
positive shutoff device. Exceptions for this restriction may be permitted, upon
review and approval by the Director of Water Operations or his designee for
the following uses: new plantings (for up to 60 days), vegetable gardens,
athletic playing fields, and botanical gardens. In addition, this restriction does
not apply to customers irrigating with well water or an aerobic septic system.
Customers irrigating with well water or an aerobic septic system must apply
for a permit from the City Water Department to be prominently posted on the
premises within two (2) feet of the street number located on the premises.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle is prohibited except on designated watering days. However,
washing of boats and/or flushing of boat motors is permitted upon immediate
exit of water body. Such washing, when allowed, shall be done with a hand-
held bucket or a hand-held hose equipped with a positive shutoff nozzle for
quick rinses. Vehicle washing may be done at any time on the immediate
premises of a commercial car wash. Further, such washing may be exempted
from these regulations upon review and approval by the Director of Water
Operations or his designee if the health, safety, and welfare of the public is
contingent upon frequent vehicle cleansing, such as garbage trucks and
vehicles used to transport food and perishables.
c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools,
wading pools, or Jacuzzi-type pools is prohibited except on designated
watering days.
d.
All residential
fountains and indoor commercial fountains are permitted to operate. Outdoor
commercial fountains can operate but must have a variance permit, obtained
through the process in Section 55-155.
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e. Use of water from hydrants shall be limited to fire fighting, related activities,
or other activities necessary to maintain public health, safety, and welfare,
except that use of water from designated fire hydrants for construction
purposes may be allowed under special permit from the City of Corpus Christi
Water Depa I ent.
f. Use of water for the irrigation of golf course greens, tees, and fairways is
prohibited except on designated watering days. However, if the golf course
utilizes a water source other than that provided through City of Corpus Christi
Water Department infrastructure, the facility shall not be subject to these
regulations.
drip irrigation. The use of water to maintain integrity of building foundations is
permitted on any dav at any time only by use of hand-held hose or drip
irrigation.
h. Except for immediate fire protection or flushing of water lines, the use of water
from a hydrant is only allowed with a permit granted by the Director of Water
Operation or his designee and a construction meter obtained from the Utility
Business Office.
i. The following uses of water are defined as non-essential and are prohibited:
1) Wash-down of any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard-surfaced areas, except if it is in the interest of public
health and safety.
2) Use of water to wash down buildings or structures for purposes other than
immediate fire protection without permit granted by the Director of Water
Operations or his designee.
(d) Stage 3 Response — SEVERE Water Shortage Conditions
(1) Target: During Stage 3, achieve a 15% reduction in total daily treated water
demand relative to treated water demand with the water use restrictions below.
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(2) Best Management Practices for Supply Management:
In addition to the best management practices for supply management listed under
Stage 2, the City will also do the following during Stage 3:
a. Eliminate the flushing of water mains unless required for decontamination
and/or public safety; and
b. Review customers' water usage for compliance based on the previous
month's water use and notify violators verbally or in writing as the situation
dictates.
(3) Water Use Restrictions for Demand Reduction:
All requirements of Stage 2 shall remain in effect during Stage 3 except as
modified below:
a. Irrigation of landscaped areas shall be limited to once every other
week. The watering schedule will be determined by the City Manager or
designee. Customers will be made aware of their designated watering
day. However, irrigation of landscaped areas is permitted on any day if
it is by means of a hand-held hose (with positive shutoff nozzle), a
faucet filled bucket or watering can of five (5) gallons or less, or drip
irrigation system with a positive shutoff device. Exceptions for this
restriction may be permitted, upon review and approval by the Director
of Water Operations or his designee, for the following uses: new
plantings (for up to 60 days), vegetable gardens, athletic playing fields,
and botanical gardens. In addition, this restriction does not apply to
customers irrigating with well water or an aerobic septic system.
Customers irrigating with well water or an aerobic septic system shall
still apply for a permit from the City Water Depa I ent to be
prominently posted on the premises within two (2) feet of the street
number located on the premises.
b. The watering of golf course fainvays with potable water is prohibited.
The watering of greens and tees are limited to once every other week
unless the golf course utilizes a water source other than that provided
through City of Corpus Christi Water Depa I ent infrastructure or done
by means of hand-held hoses, hand-held buckets, or drip irrigation.
c. All residential fountains and indoor commercial fountains are permitted
to operate. Outdoor commercial fountains can operate but must have a
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variance permit, obtained through the process in Section 55-155, and
shall only operate to circulate water in order to maintain equipment.
(4) During Stage 3, the following measures are optional water use restrictions
that may be implemented by the City Manager, or designee, with City Council
approval , as conditions warrant:
197 a. For residential and multi-unit customers, a drought surcharge of up to
and including 100% of the total monthly water bill over the monthly
allocation may be added to the customers' bill to deter discretionary
water use.
(e) Stake 4 Response — CRITICAL Water Shortage Conditions
(1) Target: During Stage 4, achieve a 3000 or greater reduction in daily treated
water demand relative to treated water demand with the water use restrictions
below. An additional surcharge will be added to each utility bill during Stage 4
water shortage conditions to discourage discretionary water use, as described in
Section 55-154 for retail customers and Section 55-159 for wholesale customers.
(2) Best Management Practices for Supply Management:
In addition to the best management practices for supply management listed
under Stage 3, the City will also do the following during Stage 4:
Upon written notice, disconnect the water meters of willful violators if
absolutely necessary to prevent the deliberate wasting of water.
(3) Water Use Restrictions for Demand Reduction:
All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as
modified below:
a) Irrigation of landscaped areas shall be prohibited at all times.
b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or
other vehicle not occurring on the premises of a commercial car wash
and not in the immediate interest of public health, safety, and welfare is
prohibited.
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c) The fiDiog,refilling, oradding ofwater to swimming pools, wading
pools, and pools, and water parks utilizing water
from a non-city alternative is prohibited.
H) The use of water 10 maintain the integrity ofa building foundation is
still permitted nod`o designated Stage 3 watering day and shall be done
by hand or drip irrigation method.
e) All fountains shall on1 operate to circulate water in order to maintain
f) The use ofwater for construction purposes from designated fire
hydrants with a special permit will continue with a 10% surcharge
added to the water rate.
(4) During Stage 4, the following measures are optional water use restrictions
that may be implemented by the City Manager, or designee, with City Council
, as conditions warrant:
a) No application for new, additional, expanded, or increased-in-size water
service connections, meters, service lines, pipeline extensions, mains, or
water service facilities of any kind shall be approved, and time limits for
approval of such applications are hereby suspended for such time as this
drought response stage shall be in effect.
b) For re ideobal and multi-unit customers, a drought surcharge ofup to
and including l00%ofthe total monthly waterbill over the monthly
allocation may be added to the customers' bill to deter discretionary
water use.
(f) Sta2e 5 Respwnse — E Water Shmrtne Conditions
(1) Stage 5, achieve a 50% or greater reduction in daily
treated water demand relative to treated water demand with the below water use
restrictions. Surcharges and reduced allocations are enforceable during Stage 5
water shortage conditions, as descnbed in Section 55-154.
During emergency conditioris such as system outage, supply source
contamination, or supply sources dra oiog empty, alternative water sources andlor
alternative delivery mechanisms may be necessary with prior approval of the City
Manager. For emergency water shortage conditions associated with
contamination nfNueocs Basin stored supplies, the City, under the City
Manager's dinrcdon, will cease pumping from the Nueces River and will contact
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the LNRA to identify additional, temporary water that may be available from
Lake Texana on a short-term basis to meet essential water needs. For emergency
water shortage conditions associated with contamination of Lake Texana supplies,
the City, under the City Manager's direction, will cease pumping from the Mary
Rhodes Pipeline.
(2) Best Management Practices for Supply Management:
(3)
In addition to the best management practices for supply management listed
under Stage 4, the City will also do the following:
Call the 10 largest water customers in the area affected by the
emergency condition, and if necessary, use runners in key areas to
begin spreading the message of a major outage.
Water Use Restrictions for Demand Reduction:
During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect
except as modified below:
a) Irrigation of landscaped areas is absolutely prohibited.
b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or
other vehicle is absolutely prohibited.
c) Associated uses of water not related to business process which are
discretionary, such as equipment washing, shall be deferred until the
Stage 5 emergency has been terminated.
(4)During Stage 5, the following measures are optional water use restrictions that
may be implemented by the City Manager, or designee, with City Council
approval, as conditions warrant:
For residential and multi-unit customers, a drought surcharge of up to and
including 100% of the total monthly water bill over the monthly allocation
may be added to the customers' bill to deter discretionary water use.
Sec. 55-154. Surcharges for Drought Stages 3, 4 — 5 and Service Measures
(a) General
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(1) The surcharges established herein are solely intended to regulate and deter the
use of water during a period of serious drought in order to achieve necessary
water conservation. The City Council expressly finds that the drought poses a
serious arid immediate threat to the public and economic health and general
welfare of this community, and that the surcharges and other measures
adopted herein are essential to protect said public health and welfare.
(2) This section, and the surcharges and measure herein are an exercise
of the City's regulatory and police power, and the surcharges and connection
fees are conservation rates intended to meet fixed costs as a result of lost
revenue.
(3) With City Council approval, tbe City Manager or designee is authonzed to
determine trigger points and surcharges during Stages 3, 4 and 5 Emergency
Water Shortage conditions.
(4) In this section, institutional customer means city utility customer which
operates as a not-for-profit entity.
(5) A customer may appeal an allocation or drought surcharge triggering point
established under tbis Section to tbe Director of Water Operations or his
designee on grounds of unnecessary hardship chrough the process outlined in
Section 55-155.
(6) Drought surcharge funds will first be applied towards annual debt service
payments and operating and maintenance expenses ofthe Water Department
as reflected in the City operating budget [0 offset revenue loss due to drought
conditions. Additional funds will be reported to City Council for City Council
direction.
(b) Residential water customers, who are not billed through a master water meter.
1. A monthly base amount of 3,000 gallons shall be established as a trigger point
for each customer. Water consumption up to and including this amount will
not include a drought surcharge.
2. Above the 3,000 gallon monthly consumption trigger point, with City Council
approval, a drought surcharge shall be added up to and including 10000 ofthe
customer's total monthly water bill over the allocation.
(c) Residential customers who are billed from u master water meter.
Once Stage 2 condition has been declared, property manager of muhi-tenant units
shall notify the City Director of Water Operations of number ofresidential units in
their facility for determination of allocations. Until so notified, the City shall
calculate the allocation based on two residential units per master vater meter. A
monthly base amount of 3,000 gallons shall be established as a trigger point for each
residential unit.
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2. When consumption for the month is less than or equal to 3,000 gallons times the
number of residential units, there will be no surcharge.
With City Council approval, when consumption is above the 3,000 gallons times the
number of units, a drought surcharge shall be added up to and including 100% of the
customer's total monthly water bill over the allocation.
(d) Commercial or institutional customer
(1) A monthly water usage allocation shall be established by the City
Manager or designee for each commercial or institutional customer.
(2) Method of establishing allocation:
a. When the combined reservoir capacity is less than 20% of total
capacity (Stage 4), the commercial or institutional customer's
allocation shall be 90 percent of the customer's usage for the
corresponding month's billing period during the previous 12 months
prior to the implementation of Stage 2 condition.
b. If the customer's billing history is shorter than 12 months, the monthly
average for the period for which there is a record shall be used for any
monthly period for which no history exists.
c. Provided, however, a customer, 90 percent of whose monthly usage is
less than 6,000 gallons, shall be allocated 6,000 gallons.
d. The City Manager shall give best effort to see that notice of each
commercial or institutional customer's allocation is mailed to such
customer.
e. If, however, the customer does not receive such notice, it shall be the
customer's responsibility to contact the City' Utilities Billing Office to
determine the allocation, and the allocation shall be fully effective
notwithstanding lack of receipt of written notice.
f. Upon request of the customer or at the initiative of the City Manager,
the allocation may be reduced or increased by the City Manager,
1. if one nonresidential customer agrees to transfer part of its
allocation to another nonresidential customer, or
2. if other objective evidence demonstrates that the designated
allocation is inaccurate under present conditions.
(e) Industrial customers, who use water for processing.
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(1) A monthly water usage allocation shall be established by the City Manager or
designee for each an industrial customer, which uses water for processing (e.g.,
an industrial customer).
(2) Method of establishing allocation.
a. When the combined reservoir capacity of Choke Canyon Reservoir
and Lake Corpus Christi is less than 20% of total capacity (Stage 4),
the industrial customer allocation shall be 90 percent of the customer's
usage for the corresponding month's billing period during the previous
12 months prior to the implementation of Stage 2 condition.
b. If the customer's billing history is shorter than 12 months, the monthly
allocation shall be 1.12 of 909/0 of the customer's maximum annual
contracted amount until 12 months of billing history are established.
However if the industrial customer does not have a water contract and
does not have at least 12 months of billing history, then the new
industrial customer will provide data regarding expected water use and
City will determine allocation based on 90% of expected use to
determine initial allocation until 12 months of billing history are
established.
c. The City Manager shall give his best effort to see that notice of each
industrial customer's allocation is mailed to such customer.
d. If, however, the industrial customer does not receive such notice, it
shall be the customer's responsibility to contact the City Utilities
Billing Office to determine the allocation, and the allocation shall be
fully effective notwithstanding lack of receipt of written notice.
e. Upon request of the industrial customer or at the initiative of the City
Manager, the allocation may be reduced or increased by the City
Manager, if:
1. The designated period does not accurately reflect the customer's
normal water usage because customer had to shut down a
major processing unit for overhaul during the period.
2. The customer has added or is in the process of adding significant
additional processing capacity.
3. The customer has shut down or significantly reduced the
production of a major processing unit.
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4. The customer has previously implemented significant
permanent water conservation measures.
5. The customer agrees to transfer part of its allocation to another
industrial customer.
6. Other objective evidence demonstrates that the designated
allocation is inaccurate under present conditions.
a.
09 Commercial, institutional, and industrial customers shall PaV the followine drought
surcharges:
(1) Customers whose allocation is 6,000 gallons through 20,000 gallons per
month:
a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation.
b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation.
c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation.
d. $40.00 for each additional 1,000 gallons over allocation.
(2) Customers whose allocation is 21,000 gallons per month or more:
_One times the block rate for each 1,000 gallons in excess of the
allocation up through 5 percent above allocation.
b. Three times the block rate for each 1,000 gallons from 5 percent
through 10 percent above allocation.
c. Five times the block rate for each 1,000 gallons from 10 percent
through 15 percent above allocation.
d. Ten times the block rate for each 1,000 gallons more than 15 percent
above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate means the charge to the customer per 1,000
gallons at the regular water rate schedule at the level of the customer's
allocation.
(g) Nonresidential customer is billed from a master meter.
(1) When a nonresidential customer is billed from a master meter which jointly
measures water to multiple residential dwelling units (for example: apartments,
mobile homes), the customer may pass along any surcharges assessed under
this plan to the tenants or occupants, provided that:
.14 IV-
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a. The customer notifies each tenant in writing:
1. That the surcharge will be passed along.
2. How the surcharge will be apportioned.
3. That the landlord must be notified immediately of any plumbing
leaks.
4. Methods to conserve water (which shall be obtained from the City).
b. The customer diligently maintains the plumbing system to prevent
leaks.
c. The customer installs water saving devices and measures (ideas for
which are available from the City) to the extent reasonable and practical
under the circumstances.
111" I 1 I 11-t. 14
•1
4 1 1 It I 1 lIl 4.4 4 111.1. 1 11.
come into effect at Sta e
the following conditions:
Water service to the customer may be terminated under
(1) Monthly residential water usage exceeds trig • er mink by 4,000
gallons or more two or more times (which need not be consecutive months).
(2) Monthly water usage on a master meter which jointly measures water usage
to multiple residential dwelling units exceeds by 4,000
gallons times the number of dwelling units or more two or more times (which
need not be consecutive months).
(3) Monthly nonresidential water usage for a customer whose allocation is 6,000
gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more
two or more times (which need not be consecutive months).
(4) Monthly nonresidential water usage for a customer whose allocation is 21,000
gallons or more exceeds its allocation by 15 percent or more two or more times
(which need not be consecutive months).
(5) For residential customers and nonresidential customers
after the first disconnection,
restored upon request for a fee of $50.
(6) For such customers, after the second disconnection,
restored within 24 hours of the request for a fee of $500.
(7) If water service is disconnected a third time for such customer,
ZZ:
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water service shall be
water
service shall be
water
service
shall not be restored until the City re-enters a level of water conservation less
than Stage 3. For master meter customers, the service restoration fees shall be
the same as above times the number of dwelling units.
(i)
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X — I 50 3 Curtomcr's Allocation in gallon° / 20,000 gallon
The City Manager is directed to institute written guidelines for
disconnection of water service under this provision, which will satisfy
minimum due process requirements, if any.
It shall be a defense to imposition of a surcharge hereunder, or to termination of
service, that water used over allocation resulted from loss of water through no fault of
the customer (for example, a major water line break) for the following conditions:
1. The customer shall have the burden to prove such defense by objective
evidence (for example, a written certification of the circumstances by a
plumber).
2. A sworn statement may be required of the customer.
3. This defense shall not apply if the customer failed to take reasonable steps for
upkeep of the plumbing system, failed to reasonably inspect the system and
discover the leak, failed to take immediate steps to correct the leak after
discovered, or was in any other way negligent in causing or permitting the loss
of water.
(j) When this section refers to allocation or water usage periods as "month," monthly,"
"billing period," and the like, such references shall mean the period in the City's
ordinary billing cycle which commences with the reading of a meter one month and
commences with the next reading of that meter which is usually the next month.
(1) The goal for the length of such period is 30 days, but a variance of two days,
more or less, will necessarily exist as to particular meters.
(2) If the meter reader system is prevented from timely reading a meter by any
obstacle which is attributable to the customer, the original allocation shall apply
to the longer period without modification.
18
Sec. 55-155. Requests for exemptions and variances.
(a) The Director of Water Operations or his designee, may, in writing, grant a temporary
variance to any of the provisions for water users found in this Article XII upon
determination that failure to grant such variance would cause an emergency condition
adversely affecting the public health, sanitation, or fire protection for the public or person
requesting such a variance.
(b) A person requesting an exemption or variance from the provisions of this Ordinance shall
file request on City-provided application for exemption/variance with the City Water
Depa ent within 5 days after a particular drought response stage has been invoked. All
request forms shall be reviewed by the Director of Water Operations or his designee, and
shall include the following:
I. Name and address of the water user(s).
1. Purpose of water use.
3. Specific provision(s) of the Ordinance from which the water user is requesting relief.
4. Detailed statement as to how the specific provision of the Ordinance adversely affects the
water user or what damage or harm will occur to the water user or others if water user
complies with this Plan.
5. Description of the exemption or variance requested
6. Period of time for which the exemption or variance is sought.
7. Alternative water use restrictions or other measures the water user is taking or proposes
to take to meet the intent of this Plan and the compliance date.
8. Other pertinent information; or as required on permit application
( c) No exemption nor variance shall be retroactive or otherwise justify any violation of this
ordinance occurring prior to the issuance of the exemption/variance.
(d) All requests for variances/exemptions shall be reviewed and determined within three
business days of receipt of complete application.
(e) The Director of Water Operations or his designee shall consider requests of water users
for special consideration to be given as to their respective particular circumstances and is
hereby authorized to, in special cases, grant such variance from the terms of this plan if such
compliance would cause an emergency condition adversely affecting the public health,
sanitation, or fire protection for the public or person requesting such a variance as will not be
contrary to the public interest, where, owing to special conditions, a literal enforcement of
the provisions of this plan will result in unnecessary hardship, and so that the spirit of this
plan shall be observed and substantial justice done.
19
(0 Should a permit for special exception be granted, it shall be in effect from the time of
granting through the termination of the then current stage, unless revoked by the Director of
Water Operations for noncompliance; provided, that the permit is prominently posted on the
premises within two (2) feet of the street number located on the premises.
(g) A person denied request for permit or exception from these rules may appeal the decision
to the Assistant City Manager for Public Works, Utilities and Transportation by submitting
written request for appeal to the Assistant City Manager within five business days from
issuance of denial. The decision of the Assistant City Manager shall be final.
(h) Violations of any permit condition may be enforced under Section 55-156.
Sec. 55-156 Violations, penalties, and Enforcement
(a) A violation under this article is a Class C misdemeanor. Any person that violates any
provision of this article shall be subject to a fine of not more than five hundred dollars
($500.00) per violation per day. The culpable mental state required by Section 6.02 of the
Texas Penal Code is specifically negated and dispensed with and a violation of this article
is a strict liability offense.
(b) The commission of a violation of each provision, and each separate violation thereof,
shall be deemed a separate offense, in and upon conviction thereof, shall be fined as
hereinabove provided.
(c) If any person or a second person in the same household or premises, is found guilty
of a second violation of this article, the water superintendent shall be authorized to
discontinue water service to the premises where such violation occurs.
(d) Cases filed under this section shall be expedited and given preferential setting in
municipal court before all other cases.
(e) Any person whose name is on file with the utilities billing office as the customer on
the water account for the property where the violation occurs or originates shall be
presumed to be the violator, and proof that the violation occurred on said premises shall
constitute prima facie evidence that the customer committed the violation, but said
customer shall have the right to show that he did not commit the violation.
(0 If any person fails to respond to a citation or summons issued for a violation of this
article within the time allowed, upon receipt of notice from the director or a judge of the
municipal courts, the water superintendent is authorized to discontinue water service to
the premises where such violation occurs.
Sec. 55-157 Effluent distribution; permit and regulations
* * *
20
Sec. 55 -158. - Operations plan for reservoir system.
To maximize the amount of water reliably available to the city and its water customers, the city
manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows:
(1) A minimum of two thousand (2,000) acre -feet per month will be released from Choke
Canyon Reservoir to meet conditions of the release agreement between the City of Corpus
Christi and the Texas Parks and Wildlife Depa ent.
(2) In order to provide maximum dependable yield from the two (2) reservoirs, the water
level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet
before water is released from Choke Canyon Reservoir in excess of the two thousand
(2,000) acre -feet per month requirement.
(3) Under the Agreed Order of the Texas Natural Resource Conservation Commission
under Certificate of Adjudication No. 21 -3214, City shall (1) reduce targeted inflows of
water to Nueces Bay to 1200 acre feet when reservoir system storage falls below forty (40)
per cent of capacity, and (2) suspend targeted inflows when reservoir system storage falls
below thirty (30) per cent of capacity.
Sec. 55 -159. Procedures for allocating water to raw water and wholesale treated water
customers on a pro rata basis during a water shortage.
(a) In the event that the triggering criterion specified in Section 55 -152 for Stage 3 have
been met, the City Manager, or designee, is hereby authorized to initiate allocation
preparations of water supplies on a pro rata basis to raw water and wholesale treated water
customers in accordance with Texas Water Code §11.039.
(1)A raw water or wholesale treated water customer's monthly allocation shall be a
percentage of the customer's water usage baseline. The percentage will be set by
resolution of the city council based on the city manager's assessment of the severity of the
water shortage condition and the need to curtail water diversions and deliveries, and may
be adjusted periodically by resolution of the city council as conditions wa . nt. Once pro
rata allocation is in effect, water diversions by or deliveries to each raw water or
wholesale treated water customer shall be limited to the allocation established for each
month.
(2)A monthly water usage allocation shall be established by the City Manager, or the City
Manager's designee, for each raw water or wholesale treated water customer. The raw
water or wholesale treated water customer's water usage baseline will be computed on the
average water usage by month for the previous five -year period. If the raw water or
wholesale treated water customer's billing history is less than five (5) years, the monthly
average for the period for which there is a record shall be used for any monthly period for
21
which no billing history exists.
(3)The City Manager shall provide notice, by certified mail, to each raw water or
wholesale treated water customer informing them of their monthly water usage
allocations and shall notify the news media and the Executive Director of the Texas
Commission on Environmental Quality upon initiation ofpro rata water allocation.
request of the raw water or wholesale treated water customer or at the initiative
of the City Manager, the allocation may be reduced or increased if:
a. The designated period does not accurately reflect the raw water or wh lesale
treated water customer's normal water usage;
b. The customer agrees to transfer part of its allocation to another raw water or
wholesale treated water customer; or
c. Other objective evidence demonstrates that the designated allocation is inaccurate
under present conditions. A customer may appea an allocation established under this
section to the City Council of the City of Corpus Christi.
(b) Pro Rata S and Enforcemen
(1) During any period when pro rata allocation of available water supplies is in effect, wholesale
customers shall pay the following surcharges on excess wate diversions:
a. 2.0 times the normal water charge per unit for water diversions and/or deliveries in excess
of the monthly allocation up through 5 percent above the monthly allocation.
b. 2.5 times the normal water charge per unit for water diversions and/or deliveries in excess
of the monthly allocation from 5 percent through 10 percent above the monthly allocation.
c. 3.0 times the normal water charge per unit for water diversions and/or deliveries in excess
of the monthly allocation from 10 percent through 15 percent above the monthly allocation.
d. 3.5 times the normal water charge per unit for water diversions and/or deliveries more
than 15 percent above the monthly allocation.
(c) Variances.
(1) The city manager, or the City may, in writing, grant a temporary
variance to the pro rata water allocation policies provided by this section if it is determined that
failure to grant such variance would cause an emergency condition adversely affecting Uuepoblio
health, welfare, or safety, and if one (l) or more ofthe following conditions are met:
a. Compliance cannot be technically accomplished durio the duratio of the water
supply shortage or other condition for which the plan is in effect,
22
b. Alternative methods can be implemented which will achieve the same level of
reduction in water use.
(2) Raw water or wholesale treated water customers requesting an exemption from the
provisions of this section shall file a petition for variance with the City Manager within five
(5) days after pro rata allocation has been invoked.
(3) All petitions for variances shall be reviewed by the City Council, and shall include the
following:
a. Name and address of the petitioner(s).
b. Detailed statement with supporting data and information as to how the pro rata
allocation of water under the policies and procedures established in this section
adversely affects the petitioner or what damage or harm will occur to the petitioner or
others if petitioner complies with this section.
c. Description of the relief requested.
d. Period of time for which the variance is sought.
e. Alternative measures the petitioner is taking or proposes to take to meet the intent
of this section and the compliance date.
f. Other pertinent information.
(4) Variances granted by the City Council shall be subject to the following conditions,
unless waived or modified by the City Council.
a. Variances granted shall include a timetable for compliance.
b. Variances granted shall expire when the pro-rata allocation of water to raw water
or wholesale treated water customers is no longer in effect, unless the petitioner has
failed to meet specified requirements.
c. No variance shall be retroactive or otherwise justify any violation of this section
occurring prior to the issuance of the variance.
(d) Contractual remedies not affected. Nothing in this section supersedes any remedies
available to the City under any contract with a raw water or wholesale treated water customer
due to the customer's failure to adopt or impose water conservation measures required by the
contract.
23
Section 2. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi. This ordinance takes effect on
publication.
Section 3. Severability
It is hereby declared to be the intention of the City that the sections, paragraphs, sentences,
clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence,
paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such declaration shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same
would not have been enacted by the City without the incorporation into this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
Section 4.
The change in law made by this Ordinance applies only to an offense committed on or after the
effective date of this Ordinance. An offense committed before the effective date of this
Ordinance is governed by the Ordinance in effect when the offense was committed, and the
former Ordinance is continued in effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Ordinance if any element of the offense occurred
before that date.
24
That thel2regoing o • finance as read for the first time and passed to its second reading on this
the irly of "Rel3y the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
That the o eg•ing ordinance read for the second time and passed finally on this the
day of .161:, AL fife <90 by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
PASSED AND APPROVED, this the
ATTEST:
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
edjay o
A ando Chapa
City Secretary
EFFETIVE DATE
9 lc, 13
Nelda Ma in z
Mayor
029946
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 249746
PO #
Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated ii Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patrick), Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE NO. 0 which the annexed is a true copy, was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times
CC-Internet - caller.com
09/14/13 Sat
09/14/13 Sat
LEGAL SALES REPRESENTATIVE
On this Einty of 0 Cf , 20 13 I cert that the atta
copy made by publisher.
Notary
MICHELLE JOYCE CAR
My Commission Expks8
March 19. 2016
document is a true and exact
j
12E I September 14,
4:71R57.7
20131CALLER-TIMES
Legals
NOTICE OF P AGE OF
ORDINANCE NO. 029946
Ordinance amending City
Code of Ordinances, Chap-
ter 55, Article XII Water
Resource Management,
regarding water resource
management includ-
ing drought restrictions
and surcharges, providing
an effective date; and pro-
viding for penalties. This
ordinance was passed and
approved by the City Council
on September 10, 2013.
/s/ Armando Chapa
City Secretary
MI11111111
CbJS CUUSTI
CaUtt!Lhnt callercom
Saks Reix. Georgia Lawson (C9190)
Phone (361) 884-2011
1III1I !I
Date: 09/12113
Account Number: 172983 (CC18438)
Company Name: CTFY OF CORPUS CHRISTI
Contact Name:
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Address: PO BOX 9277. CORPUS CHRISTI Tx, 784699277
Phone: (361) 826-3636 Fax: (000) 000-0000
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1.1i0T(.
0001110011111111111111111110001000001000000000000000100001110000000iiiiiii ' """"
oilUoi611.1111111.111.111.10.10.10.10.10.10.111.,111„11),111,11,1,11,1,11,1,1,11,111,1,111,1,1,111,11,111,1,1,
Email: LawsonG4caller.com
1111111111111111111111111111111111111111!":
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Please confirm placement prior to deadline by contacting your account
rep at „
Ad Id 249746 Ra No total Cost: $2370
Tag Line: NOTICE OF PASSAGE OF ORDINANCE NO 0
Slart Date: 09/14/13 Stop Date: 09/14(13
Number of Xs: 1
Class: 16130 - Legals
Publications: CC-Corpus Christi Caller-Times, CC-Intemet - callercom
I agree this ad is accurate and as ordered.
NOTICE OF PASSAGE OF
ORDINANCE 110. 029946
Ordinance amending City
Code of Ordinances, Chap-
ter 55, Article XII Water
Resource Management,
regarding water resource
management includ-
ing drought restrictions
and surcharges, providing
an effective date: and pro-
viding for penalties. This
ordinance was passed and
approved by the City Council
on September 10. 2013.
/s/ Armando Chapa
City Secretary
PAD TH CRE D CARD
'Thank you lior your business.. Our ormun lament to 3 quality produca :includes the adIvertising in: our pubhcartions., As such, f„, W. Scripps reserves the 0011, ko
past
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uhe second print date 'The Corpus Christi Caller-Tiones may not Issue refunds far ckvssined advertising purchased in a 1133r kage rartell ads parchased on llit ,apen
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NOM MWM MMMMYW7WAMWMMWMIMWMWMMI.MonwowvwvmOmmmmdmmM4*MMMMMPMXMWOMM*MP)RVPMM9RMNNNMM