HomeMy WebLinkAbout033597 ORD - 03/18/2025Ordinance amending City Code of Ordinances Chapter 55, Article XII Water
Resource Management sections 55-150, 55-152, 55-153, 55-154, 55-155; updating
the City's Drought Contingency Plan, providing an effective date of March 19,
2025, and providing for penalties and publication.
BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Chapter 55 Article XII Water Resouce Management is amended as by adding the underlined
language and deleting the language that is stricken (deleted) as shown below:
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 Revised 2020 edition, and the Drought Contingency
Plan Revised 2025 2018 edition, approved March 18, 2025, January 30, 2018, as amended by ordinance, a
true copy of each which is on file in the office of the city secretary, have been 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 the Chief Operating
Officer for Corpus Christi Water , 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. Any non -emergency changes to the
drought stages and restrictions outside Article XII must have City Council approval.
(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 thatli at at ntrolled I w flow IevcIs directly
to the soil. that applies water through a network of tubes, pipes, valves, and emitters that slowly drips
water to the roots of plants to minimize evaporation. Soaker hoses are not a substitute for a proper
drip irrigation system.
"Fountain" means an artificially created jet or stream of water; a structure, often decorativeA'em
which a jct or str am of water issues.
(3)
Corpus Christi, Texas, Code of Ordinances
(Supp. No. 41, Update 4)
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EXHIBIT A Page 1 of 23
033597 SCANNED
(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.
16) "Non-exempt large volume accounts" means a large volume account that is not paving the non -
mandatory drought surcharge exemption fee pursuant to Section 55-159.1.
(7) "Director" means the Chief Operating Officer for Corpus Christi Water or designee.
(8) "Wholesale Customer" is a public or private utility that purchases water from the City through a written
contract that authorizes the resale of water to third parties or classifies the utility as a wholesale
customer.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No.
030545, § 1, 7-14-2015; Ord. No. 031355, § 1, 1-30-2018; Ord. No. 031533, § 1, 9-11-2018; Ord. No. 032238, § 2,
10-13-2020)
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 rights -of -way.
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 a.m. and
6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city
enters Reservoir System Stage 3. 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.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26-2005; Ord. No. 026542,
§ 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-
2013; Ord. No. 031355, § 1, 1-30-2018)
(Supp. No. 41, Update 4)
Page 2 of 23
Created: 2025-01-16 10:14:47 [EST]
Sec. 55-152. Drought management: Reservoir system stages.
(a) The level of reservoir system severity determines the extent of potential water use restrictions that shall be
implemented. Following are the levels of reservoir system in the form of stages:
(1) Water Shortage Watch Stage
(2) Stage 1: Mild water shortage watch.
{2[ Stage 2: Moderate water shortage condition.
{-3)(4j_Stage 3: Critical water shortage c ien.
(4)L 1Stage 4: Water Emergency water shortage condition.
(b) Criteria for initiation and termination of reservoir system 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 or restriction(s) at any particular time, as deemed
necessarywhen the city manager deems necessary at any particular time.
(2) The triggering criterion to be monitored for determining reservoir system response stages is the
combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi.
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) Water Shortage Watch:
Requirements for initiation — Customers shall be requested to voluntarily conserve water and adhere
to prescribed conditions on specific water uses when the combined storage levels of Choke Canyon
Reservoir and Lake Corpus Christi fall below fifty (50) percent.
Requirements for termination —The watch may be terminated when the combined storage levels of
Choke Canyon Reservoir and Lake Corpus Christi increase above 50% for 15 consecutive calendar days.
4){JStage 1 - Mild water shortage -wet -ell:
Requirements for initiation The combined storage level for Choke Canyon Reservoir and Lake Corpus
Christi declines to below forty (40) per ccnt. Stage 1 begins when the combined reservoir storage level
declines below forty (40) percent. Customers shall be required to comply with the requirements and
restrictions on certain non -essential water users described in Section 55-153.
Requirement for termination - Stage 1 of the plan may be terminatedrescindcd when the combined
storage level increases above fifty (50) per cent.
-2-)j3JStage 2 - Moderate water shortage ion:
Requirements for initiation-- Stage 2 begins when the combined storage level declines below thirty
(30) percent. Customers shall be required to comply with the requirements and restrictions on certain
(3)
(Supp. No. 41, Update 4)
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non -essential water uses described in Section 55-153.The combined storage levels declines to below
thirty (30) per ccnt.
Requirement for termination - Stage 2 of the plan may be terminatedrescinded when the combined
storage level increases above forty (40) per cent. Upon termination of Stage 2, Stage 1 becomes
operative.
O(4J Stage 3 - Critical water shortage eendition:
Requirements for initiation - Stage 3 begins when the combined storage level declines below twenty
(20) percent. Customers shall be required to comply with the requirements and restrictions on certain
non -essential water uses described in Section 55-153 The combined storage levels of Choke Canyon
Reservoir and Lake Corpus Christi declines to below twenty (20) per ccnt.
Requirement for termination - Stage 3 of the plan may be terminatedrescinded when the combined
storage level increases above thirty (30) per cent. Upon termination of Stage 3, Stage 2 becomes
operative.
{4}(5) Stage 4 Water Emergency water shortage condition:
Requirements for initiation When the city manager, or designee, determines that a water supply
dete-r-M-ifreS-t4a-t-a-wate-r-s-u-p-grl-y-e-Fqe-r-ge-n-c-y-e*i-s-ts-b-asecl-ani
MA 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 manmade contamination of the water supply source occurs.
\Alhcn water r ply from th„ mbined r ` stem falls to a ritical r. nt that is to deemed
necessary to protect the water system.
Requirement for termination _ The Water Eemergency water shortage condition may be rescinded
when the city manager, or designee, deems appropriate.
Level 1 Water Emergency
Trigger for initiation — A Level 1 Water Emergency begins when the City Manager, or designee,
determines that the City is within 180 days of its total water supply not meeting its water demands.
The 180-day trigger is in accordance with Texas Administrative Code Title 30 Rule §290.41(b)(1) for
Water Resources. The City Manager or designee can modify the timing of triggering a Level 1 Water
Emergency if the regional demands can be fully met with alternative water sources other than the
combined reservoir storage. Other sources may include water from the Mary Rhodes Pipeline or future
water supplies such as the Inner Harbor Seawater Desalination Treatment Facility.
Trigger for termination - The Level 1 Water Emergency may be terminated when the City Manager, or
designee, determines that the City's total water supply can meet the total regional demands for more
than 180 days.
Level 2 Water Emergency
Trigger for initiation — A Level 2 Water Emergency begins when the City Manager, or designee
determines that a water supply emergency exists, which causes the demand to exceed the supply,
subsequently leading to imminent failure to maintain pressure that meets TCEQ minimum standards,
including but not limited to;
(Supp. No. 41, Update 4)
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a) Major catastrophic infrastructure failure including but not limited to; failure of a dam or spillway
structure, failure of a major water line such as the MRP or other large diameter water lines,
and/or failure of the City's water treatment facilities like O.N. Stevens or other critical re -pump
stations; or
b) Water production or distribution system limitations; or
c) Natural or man-made contamination of the water supply source.
Trigger for termination — The Water Emergency may be terminated when the City Manager, or
designee, deems appropriate.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No.
029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015; Ord. No. 031160, § 1, 5-30-2017; Ord. No. 031355, § 1, 1-
30-2018)
Sec. 55-153. Drought Stages: Reservoir system bBest management practices per
stage.
(a) In order to achieve water use reductions, a series of best management practices will be enacted and
enforced at each reservoir system stage. These best management practices (BMP) are listed below by stage.
During Stages 1, 2, and 3, requests for exceptions may be presented to the Chief Operating Officer for Corpus
Christidircctor of water operations or his designee.
(b) Water Shortage Watch Stage.
Target: Achieve a voluntary 5% reduction in daily treated water use.
a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per
week.
b) Water customers are requested to practice water conservation and to minimize or discontinue
water use for non -essential purposes.
c) All operations of the City shall adhere to water use restrictions prescribed for Stage 1.
d) Water smart techniques will be promoted by City leadership, City Council and City departments.
(c) Stage 1 response - Mild water shortage watch.
(1) Target: During Stage 1, achieve a ten (10) five (5) per -cent reduction in daily treated water demand
rel +'••^ t tre tc ••, to , and with the water use restrictions below.
(2) The best management practices for supply management: The city will also do the following during
Stage 1:
a. a. Use more repair crews if necessary to allow for a quicker response time for water -line
leak repair; and
b. b. City crews (water and other departments) begin monitoring customers' compliance with
Stage 1 restrictions during the course of their daily rounds.
c. City departments will make every effort to conserve water including no new landscape
installation, no filling of ponds, and reducing the use of City -owned ornamental fountains.
(Supp. No. 41, Update 4)
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(3)
d. Increase public education and outreach regarding water use reduction.
e. Increase targeted outreach to high consumption industrial and commercial customers to urge
water use reductions.
Under threat of penalty for violation, tThe following water use restrictions shall apply to all persons
during Stage 1:
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 the
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 Chief Operating
Officer for Corpus Christi Water, ircc+ ref ,.,a+cr operotiens or his designee for the following
uses: new plantings (for up to sixty (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 an exemption from Corpus Christi Water 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. No watering or irrigating of landscape areas by hose -end sprinkler or automatic irrigation system
will be allowed between the hours of 10:00 a.m. and 6:00 p.m. to prevent evaporation loss.
c. Use of water from hydrants shall be limited to firefighting, 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 exemption
from Corpus Christi Water.perm of Corr s Christi Water Dcp.artmcnt,
c. 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 reclaimed water or a water source
other than that provided through City of Corpus Christi Water Department infrastructure, the
facility shall not be subject to these regulations.
d. The use of water to maintain integrity of building foundations is permitted on any day at any time
only by use of hand held hose or drip irrigationlimited to designated watering days.
c. 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.
(ed) Stage 2 response - Moderate water shortage conditions.
(1) Target: During Stage 2, achieve a t tyfiftecn (2015) ten (10) per -cent reduction in total 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. a. Eliminate the flushing of water mains unless required for decontamination and/or public
safety; and
b. 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.
(Supp. No. 41, Update 4)
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c. Increase public education and outreach regarding water use reduction.
(3) Water use restrictions for demand reduction: All requirements of Stage 1 shall remain in effect during
Stage 2 except as modified below:
aa_a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems
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.
a. Exceptions for this restriction may be permitted, upon review and approval by the
Chief Operating Officer for Corpus Christi Water,director of water operations or his
designee, for the following uses: new plantings (for up to sixty (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 Corpus Christi Water the city water department to be prominently
posted on the premises within two (2) feet of the street number located on the
premises.
b_b. The watering of golf course fairways with potable water is prohibited. The watering of
greens and tees are limited to once every other week unless the golf course utilizes reclaimed
water or a water source other than that provided through City of Corpus Christi Water
Department infrastructure or done by means of hand-held hoses, or hand-held buckets Ter
drip irrigation.
c. A person or entity who owns, leases or manages an outdoor swimming pool (including City -
owned pools) shall begin preparation for Stage 3 requirements to have approximately 100
percent of the pool surface area covered when not in use.
d. Hotels, motels and other lodgings must offer and clearly notify guests of a "linen/towel
change on request only" program.
e. Use of water to wash a motor vehicle, not occurring on the premises of a commercial car wash
is allowed on the designated Stage 2 watering day.
(4) During Stage 2, the following_ surcharge measures are optional water use restrictions that may be
implemented by the city manager, or designee, with city council approval, as conditions warrant:
a. For residential and multi unit customers, a drought surcharge of up to and including one
hundred (100) per cent of the total monthly water bill over the monthly allocation may be
added to the customers' bill to deter discretionary water use. The following surcharge will be
added to a customer's water bill:
i. For all irrigation accounts, a surcharge of $1.00 per 1,000 gallons will be added to the
customers' bill.
ii. For residential accounts, a surcharge of $1.00 per 1,000 gallons over 7,000 gallons will
be added to the customers' bill.
iii. For commercial accounts, a surcharge of $1.00 per 1,000 gallons over 55,000 gallons
will be added to the customers' bill.
(Supp. No. 41, Update 4)
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(3)
iv. For non-exempt large volume accounts a surcharge of $3.00 per 1,000 gallons over
12,842,000 gallons will be added to the customers' bill.
-,v. For wholesale customers, a surcharge of $1.00 per 1,000 gallons for volumes
exceeding the last 12-month average usage by 25% for the 12-month billing prior to
the implementation of Stage 2 will be added to the customers' bill, except as
otherwise provided by contract.
(de) Stage 3 response - Critical water shortage conditions.
(1)
Target: During Stage 3, achieve a thirty (30) fifteen (15) -per-cent 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 ach utility bill during Stage 3 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 2, the city will also do the following during Stage 3:
•a_Upon written notice, disconnect the water meters of willful violators if absolutely necessary to
prevent the deliberate wasting of water.
•b. Increase public education and outreach regarding water use reduction.
Water use restrictions for demand reduction: All requirements of Stages 1 and 2 shall remain in effect
during Stage 3 except as modified below:
a. Irrigation of landscaped ar os shall be prohibited at all times. Irrigation of turf grass by any
means shall be prohibited at all times.
b. —Drip irrigation for foundations and landscaped beds is allowed every other week on the
designated watering day. The watering schedule will be determined by the City Manager or
designee. Customers will be made aware of their designated watering day.
c. Watering of trees, vegetable beds, shrubs, and potted plants is permitted on any day if it is by
means of a handheld hose with a positive shutoff nozzle, a faucet -filled bucket, or a watering can
of five gallons or less.
d. Exceptions for Stage 3 restrictions may be permitted up to 30 days, upon review and approval by
the Chief Operating Officer or designeefor new plantings. 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 Corpus Christi
Water to be prominently posted on the premises within two (2) feet of the street number
located on the premises.
e. b- Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring
.f t„ .and wclfar„ prohibit d Use of water to wash a motor vehicle, not occurring on the
premises of a commercial car wash is allowed by hand, with a five gallon bucket or less, on the
designated watering day.
f_E The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools,
and hot tubs and water parks (unless utilizing water from a non city alternative source) is
prohibited except to maintain structural integrity.
(Supp. No. 41, Update 4)
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g. The person or entity who owns, leases, or manages an outdoor swimming pool (including City -
owned pools) shall have approximately 100% of the pool surface area covered when not in use.
A request for an exemption or variance from this provision for pools that have a water -saving
feature may be submitted by submitting an application for exemption/variance.
h. Operator of a water park must seek approval of the Chief Operating Officer of Corpus Christi
Water or designee, prior to the filling, refilling, or adding water to water park.
d: The use of water to maintain the integrity of a building foundation is still permitted on the
designated Stage 2 watering day and shall be done by hand or drip irrigation method.
Le: All fountains shall only operate to circulate water in order to maintain equipment.
f. The use of water for construction purposes from designated fire hydrants with a special permit
will tinu„ with t „ (10) r r,t rchargc added to they ater- rat
k. Hotels, motels, and other lodging must offer and clearly notify guests of a "linen/towel change
on request only" program.
(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:
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 arc hereby suspended for such time
as this drought response stage shall bc in effect.
b. For residential and multi unit customers, a drought surcharge of up to and including one hundred
{100) per cent of the total monthly water bill over the monthly allocation may bc added to the
customers' bill to deter discretionary water use. The following surcharge will be added to a
customer's water bill:
i. For all irrigation accounts, a surcharge of $2.00 per 1,000 gallons will be added to the
customers' bill.
ii. For residential accounts, a surcharge of $2.00 per 1,000 gallons over 7,000 gallons will be
added to the customers' bill.
iii. For commercial accounts, a surcharge of $2.00 per 1,000 gallons over 55,000 gallons will be
added to the customers' bill.
iv. For non-exempt large volume accounts a surcharge of $6.00 per 1,000 gallons over
12,842,000 gallons will be added to the customers' bill.
+v. For wholesale customers, a surcharge of $2.00 per 1,000 gallons for volumes exceeding
the last 12-month average usage by 25% for the 12-month billing prior to the
implementation of Stage 2 will be added to the customers' bill, except as otherwise
provided by contract.
(ef) Stage 4 response Water Emergency .
{1) Target: During a Wwatcr Eemergency Stage 4, achieve a fifty (50) per cent or greater reduction in daily
treated water demand relative to treated water demand with the below water use restrictions.
Surcharges and reduced allocations arc cnforc able during a Stage 1 Wwater E g yshortage
conditions, as described in section 55 154this Article.
(Supp. No. 41, Update 4)
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sources draining empty, alternative water sources and/or alternative delivery mechanisms may be
necessary with prior approval of the Ccity Mmanagcr, r d s'gnee. For a water emergency water
shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the
city manager's d 'gnee's direction, will cease pumping from thc Nucces River and will contact the
t.NRA to identify additional, temporary water that may be available from Lake Texana on a short term
basis to meet essential water needs. For a water emergency water shortage conditions associated with
contamination of Lake Texana supplies, thc city, under the city manager's, or designee's direction, will
cease pumping from the Mary Rhodes Pipeline.
{2) Best management practices for ..,upply management: In addition to the best management practices for
supply management listed under Stage 3, the city will also do the following:
Call thc ten (10) largest water customers in the area affected by the water emergency_ condition,
and if necessary, use runners in key areas to begin spreading the message of a major outage.
{3) Water use restrictions for demand reduction: During Stage 4water emergency, all requirements of
Stages 1, 2, and 3 shall remain in effect except as modified below:
a. Irrigation of all landscaped ar as 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 arc discretionary, such as
equipment washing, shall be deferred until the Stage 5 the water emergency has been
terminated.
(1) Level 1 Water Emergency - In the event that the triggering criteria specified in Section 8.2 — Level 1
Water Emergency of the DCP is met, City of Corpus Christi City Manager, or designee is hereby
authorized to implement pro-rata curtailment of water supplies to all customers in accordance with
Texas Water Code §11.039. The initiation of pro-rata curtailment preparations shall begin during Stage
3.
a) Target: During a Level 1 Water Emergency, curtailment will be required and may start at 5% or
greater reduction of the total water demand, depending on the forecasted water supply conditions.
Surcharges and allocations are enforceable during a Water Emergency, as described in section 155-
154.
b) 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:
• Implement a planned public campaign to inform all customers of the water emergency and to
mandate the immediate curtailment of water.
• Contact wholesale water customers to discuss water supply and/or demand conditions and
inform them about the initiation of mandatory measures to curtail their water consumption as
necessary.
• Contact large-volume/industrial users to discuss water supply and/or demand conditions and
inform them about the initiation of mandatory measures to curtail their water consumption as
necessary.
c Water Use Restrictions for Demand Reduction: During a Level 1 Water Emergency, all requirements
of Stage 1, 2, and 3 shall remain in effect except as modified below:
(Supp. No. 41, Update 4)
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a) Irrigation of all 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 processes which are discretionary, such as
equipment washing, shall be deferred until the water emergency has been terminated.
(2) Level 2 Water Emergency
a) During a Level 2 Water Emergency, achieve the necessary reduction in daily water demand to meet
minimum system pressure requirements with the below water use restrictions. In addition, during
a Level 2 Water Emergency all requirements from a Level 1 Water Emergency may be authorized
under this section. Surcharges and curtailments are enforceable during a Water Emergency, as
described in section 55-154.
b) 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:
• Implement a public campaign to inform all customers of the water emergency and to mandate
the immediate curtailment of water.
• Contact wholesale water customers to discuss water supply and/or demand conditions and
inform them about the initiation of mandatory measures to curtail their water consumption as
necessary.
• Contact large-volume/industrial users to discuss water supply and/or demand conditions and
inform them about the initiation of mandatory measures to curtail their water consumption as
necessary.
c) Water Use Restrictions for Demand Reduction: During a water emergency, all requirements of Stage
1, 2, and 3 shall remain in effect except as modified below:
a) Irrigation of all 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 water emergency has been terminated.
(4) During Stage 1a Level 1 and Level 2 wWater Eemergency, the following surcharge measures are
optional water use restrictions that may be implemented by the city manager, or designee, with city
council approval, 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 residential and multi unit customers, a drought surcharge of up to and including one
added to the customers' bill to deter discretionary water use. The following surcharge will be
added to a customer's water bill:
i. For irrigation account, the monthly surcharge is $4.00 per 1,000 gallons,
ii. For residential account, the monthly surcharge is $4.00 per 1,000 gallons over
7,000 gallons.
(Supp. No. 41, Update 4)
Page 11 of 23
Created: 2025-01-16 10:14:48 (EST]
Hi. For commercial account, the monthly surcharge is $4.00 per 1,000 gallons over
55,000 gallons.
iv. For non-exempt large volume accounts a surcharge of $12.00 per 1,000 gallons
over 12,842,000 gallons will be added to the customers' bill.
v. For wholesale customers, a surcharge of $4.00 per 1,000 gallons exceeding the
last 12-month average usage by 25% for the 12-month billing prior to the
implementation of Stage 2 will be added to the customers' bill, except as
otherwise provided by contract.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No.
029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015; Ord. No. 031160, § 1, 5-30-2017; Ord. No. 031355, § 1, 1-
30-2018)
Sec. 55-154. Surcharges for Drought reservoir system Sstages 2, 3 and 1, and Water
Emergency cervice measures.
(a) General.
(1)
The surcharges established herein in this Article 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 and 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 measures adopted 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, the city manager or designee is authorized to determine trigger points and
surcharges during Stages 2, 3 and 4 a Water Emergency water shortage conditions.
(4) A customer may appeal a drought surcharge established under this section to the Chief Operating
Officer for Corpus Christi Water or designee on grounds of unnecessary hardship, through the process
outlined in this Article. In this section, institutional customer mgans 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 this
section to the director of water operations or his designee on grounds of unnecessary hardship
through the process outlined in section 55 155 this Article.
(56) DroughtReservoir system surcharge funds will first be applied towards annual debt service payments
and operating and maintenance expenses of the water department as reflected in the city operating
budget to offset revenue loss due to drought conditions. Additional funds will be reported to city
council for city council direction.
(b) During Stage 2 the following surcharge will be added to a customer's water bill:
i. For all irrigation accounts, a surcharge of $1.00 per 1,000 gallons will be added to the
customers' bill.
ii. For residential accounts, a surcharge of $1.00 per 1,000 gallons over 7,000 gallons will
be added to the customers' bill.
(Supp. No. 41, Update 4)
Page 12 of 23
Created: 2025-01-16 10:14:48 [E5T]
Hi. For commercial accounts, a surcharge of $1.00 per 1,000 gallons over 55,000 gallons will
be added to the customers' bill.
iv. For non-exempt large volume accounts a surcharge of $3.00 per 1,000 gallons over
12,842,000 gallons will be added to the customers' bill.
v. For wholesale customers, a surcharge of $1.00 per 1,000 gallons for volumes exceeding
the last 12-month average usage by 25% for the 12-month billing prior to the
implementation of Stage 2 will be added to the customers' bill, except as otherwise
provided by contract.
(c) During Stage 3 the following surcharge will be added to a customer's water bill:
i. For all irrigation accounts, a surcharge of $2.00 per 1,000 gallons will be added to the
customers' bill.
ii. For residential accounts, a surcharge of $2.00 per 1,000 gallons over 7,000 gallons will
be added to the customers' bill.
iii. For commercial accounts, a surcharge of $2.00 per 1,000 gallons over 55,000 gallons will
be added to the customers' bill.
iv. For non-exempt large volume accounts a surcharge of $6.00 per 1,000 gallons over
12,842,000 gallons will be added to the customers' bill.
v. For wholesale customers, a surcharge of $2.00 per 1,000 gallons for volumes exceeding
the last 12-month average usage by 25% for the 12-month billing prior to the
implementation of Stage 2 will be added to the customers' bill, except as otherwise
provided by contract.
(d) During a Water Emergency, the following surcharge will be added to a customer's water bill:
i. For all irrigation accounts, a surcharge of $4.00 per 1,000 gallons will be added to the
customers' bill.
ii. For residential accounts, a surcharge of $4.00 per 1,000 gallons over 7,000 gallons will
be added to the customers' bill.
iii. For commercial accounts, a surcharge of $4.00 per 1,000 gallons over 55,000 gallons will
be added to the customers' bill.
iv. For non-exempt large volume accounts a surcharge of $12.00 per 1,000 gallons over
12,842,000 gallons will be added to the customers' bill.
v. For wholesale customers, a surcharge of $4.00 per 1,000 gallons for volumes exceeding
the last 12-month average usage by 25% for the 12-month billing prior to the
implementation of Stage 2 will be added to the customers' bill, except as otherwise
provided by contract.
{h) Residential water customers, who are not billed through a master water meter.
(Supp. No. 41, Update 4)
Page 13 of 23
Created: 2025-01-16 10:14:48 [EST]
qach customer. Water consumption up to and including this amount will not include a drought
urcharge.
{2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval,
drop ght s ~charge 444 be oddcd p to ona i ci ding c" ndred (100) per cent of the customer's
total monthly water bill over the allocation.
(c) Residential customers who are billed from a master water meter.
{1)
Once Stage 1 condition has been declared, property managers of multi tenant units shall notify the city
director of water operations of number of residential units in their facility for determination of
allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per
a trigger point for ach residential unit.
{2) When consumption for the month is Icss than or equal to three thousand (3,000) gallons times the
number of residential units, there will be no surcharge.
number of units, a drought surcharge shall be added up to and including one hundred (100) per cent 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 ach
commercial or institutional customer.
{2) Method of establishing allocation:
a. When the combined reservoir capacity is Tess than twenty (20) per cent of total capacity (Stage
3), the commercial or institutional customer's allocation shall be ninety (90) per cent of the
customer's usage for the corresponding month's billing period during the previous twelve (12)
months prior to the implementation of Stage 1 condition.
b. If the customer's billing history is shorter than twelve (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, ninety (90) per cent of hose n nthly s'^« than
thousand (6,000) gallons, shall be allocated six thousand (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.
c. 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.
reduced or incr oscd by the city manager:
1. If one (1) 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.
(Supp. No. 41, Update 4)
Page 14 of 23
Created: 2025-01-16 10:14:48 [EST]
(c)
{f)
Industrial customers, who use less than one hundred thousand (100,000) gallons of water per day for
processing.
{1) A monthly water usage allocation shall be established by the city manager or designee for each
industrial customer, which uses Tess than one hundred thousand (100,000) gallons of water per day 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 Tess
ninety (90) per cent of the customer's usage for thc corresponding month's billing period during
the previous twelve (12) months prior to the implementation of Stage 1 condition.
b. If the customer's billing history is shorter than twelve (12) months, thc monthly allocation shall
be one twelfth of ninety (90) per cent of the customer's maximum annual contracted amount
does not have a water contract and does not have at I ast twelve (12) months of billing history,
then the new industrial customer will provide data regarding expected water use and city will
determine allocation based on ninety (90) per cent of expected use to determine initial allocation
until twelve (12) months of billing history arc established.
c. The city manager shall give his best effort to see that notice of ach 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 thc city utilities billing office to determine the allocation, and tho
allocation shall be fully effective notwithstanding lack of receipt of written notice.
c. Upon request of the industrial customer or at thc initiative of the city manager, the allocation
may be reduced or increased by the city manager, if:
1. The designated period does not accurately r^"ect the stomcr's ^ al watt
because customer had to shut down a major processing unit for overhaul during thc
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.
1. The customer has previously implemented significant permanent water conservation
m asures.
5. The customer agrees to transfer part of its allocation to another industrial customer.
b. Other objective evidence demonstrates that the designated allocation is inaccurate under
present conditions.
Commercial customers, institutional customers, and industrial customers who use less than one hundred
thousand (100,000) gallons of water per day for processing shall pay thc following reservoir system
surcharges:
{1) Customers wlie-se a11ecatiep is sic t e—us
per month:
a. Five dollars ($5.00) per one thousand (1,000) gallons for thc first one thousand (1,000) gallons
over allocation.
(Supp. No. 41, Update 4)
Page 15 of 23
Created: 2025-01-16 10:14:48 [EST]
b. Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000)
.allons over allocation.
c. Sixteen -dollars ($16.00) per one thousand (1,000) gallons for the third one thousand (1,000)
.allons over allocation.
d. Forty dollars ($40.00) for ach additional one thousand (1,000) gallons over allocation.
{2) Customers whose allocation is twenty one thousand (21,000) gallons per month or morc:
a. One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up -
through five (5) per cent above allocation-:
through tcn (10) per cent above allocation.
c. Five (5) times the block rate for ach one thousand (1,000) gallons from ten (10) per cent through
fifteen (15) per cent above allocation.
d. Ten (10) times the block rate for ach one thousand (1,000) gallons morc than fifteen (15) per
cent above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons
at the regular water rate schedule at the level of the customer's allocation.
s)—lndu ti r^', 5-t-O^^^ ^•s, w,ho use ^ ^ h nd red tho4,1sa 4 gallons or more of water per day for
processing.
(1) A monthly water usage allocation shall be established by thc city manager or designee for each
industrial customer, whieh uses wate eessing (c dust a customer
{2) Method of establishing allocation.
a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less
than thirty (30) per cent of total capacity (Stage 2), the industrial customer allocation shall be
eighty (80) per cent of the customer's usage for the corresponding month's billing period during
the previous twelve (12) months prior to the implementation of Stage 1 condition.
b. If the customer's billing history is shorter than twelve (12) months, thc monthly allocation shall
be one twelfth of eighty (80) per cent of the customer's maximum annual contracted amount
does not have a water contract and does not have at least twelve (12) months of billing history,
then the new industrial customer will provide data regarding expected water use and city will
determine allocation based on eighty (80) per cent of expected use to determine initial allocation
until twelve (12) months of billing history arc established.
e The city m r shall give his best ^"^rt to sec that notice of ach industrial customer's
allocation is mailed to such customer.
d. If, however, thc industrial customer does not receive such notice, it shall be thc customer's
responsibility to contact thc city utilities billing office to determine thc allocation, and the
allocation shall be fully effective notwithstanding lack of receipt of written notice.
c. Upon request of thc industrial customer or at the initiative of the city manager, thc allocation
may be reduced or incr ased by thc city manager, if:
(Supp. No. 41, Update 4)
Page 16 of 23
Created: 2025-01-16 10:14:48 [EST]
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.
The ^ st^m^r has odd^d ^ ^ the ^ s of adding significant additional processing
capacity.
3. Thc customer has shut down or significantly reduced thc production of a major processing
unit.
.4. Thc 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.
("„�T—I strial c-us-tomers-u3+ng-en -hundred thou true (1O0,O0O ge r more of water per day for processing
shall pay the following drought surcharges:
{1) Customers whose allocation is eighty thousand (80,000) gallons per month or more:
o. Three_( es the block rate for ach one thousand (1,000) .allons in excess of the allocation up
through five (5) per cent above allocation.
b. Six (6) times the block rate for each one thousand (1,000) gallons from five (5) per cent through
ten (10) per cent above allocation.
c. Nine (9) times thc block rate for ach one thousand (1,000) gallons from ten (10) per cent
through fifteen (15) per cent above allocation.
d. Twelve (12) times the block rate for ach one thousand (1,000) gallons more than fifteen (15) per
cent above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate" means thc charge to the customer per one thousand (1,000) gallons
at the regular water rate schedule at the level of the customer's allocation.
(i) Nonresidential customer is billed from a master meter.
{1) When a nonresidential customer is billed from a master meter which jointly measures water to
along any surcharges assessed under this plan to the tenants or occupants, provided that:
a. Thc customer notifies ach tenant in writing:
1. That the surcharge will bc passed along.
2. How the surcharge will be apportioned.
3. That the landlord must be notified immediately of any plumbing I aks.
/1. Methods to conserve water (which shall bc obtained from the city).
b. The customer diligently maintains the plumbing system to prevent leaks.
c. Thc customer installs water saving devices and m asurcs (id as for which are available from the
city) to the extent reasonable and practical under the circumstances.
(Supp. No. 41, Update 4)
Page 17 of 23
Created: 2025-01-16 10:14:48 [EST]
{j)
For residential customers, the following measures come into effect after city council approves a drought rate
surcharge; for nonresidential customers, these measures come into effect at Stage 3. Water service to the
customer may be terminated under the following conditions:
(1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2)
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 trigger point by four thousand (4,000) gallons times thc number of dwelling
units or more two (2) or more times (which need not be consecutive months).
(3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons
through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000) gallons or
more two (2) or more times (which need not be consecutive months).
gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which
need not be consecutive months).
shall be restored upon request for a fcc of fifty dollars ($50.00).
(6) For such customers, after the second disconnection, water service shall be restored within twenty four
(24) hours of the request for a fcc of five hundred dollars ($500.00).
{7) If water service is disconnected a third time for such customer, water service shall not be restored until
the city re enters a level of water conservation Tess than Stage 2. For master meter customers, the
service restor tion fcc " ll be the ^^ bovc t w es the number of dwelling units.
{8)
The city manager is directed to institute written guidelines for disconnection of water service under
(k) 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
lac ak) 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 taker asonable steps for upkeep of the plumbing
system, failed to reasonably inspect thc 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.
(1)
When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the
like, such references shall m on the period in the city's ordinary billing cycle which commences with the
r ading of a meter one (1) month and commences with thc next reading of that meter which is usually the
next month.
(1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less,
will necessarily exist as to particular meters.
(2) If thc meter r ader system is prevented from timely reading a mctcr by any obstacle which is
attributable to the customer, the original allocation shall apply to the longer period without
modification.
(Supp. No. 41, Update 4)
Page 18 of 23
Created: 2025-01-16 10:14:48 [EST)
(fg)
(Ord. No. 24396, § 1, 3 20 2001; Ord. No. 029816, § 3, 5 28 2013; Ord, No. 029946, § 1, 9 10 2013; Ord. No.
031355, § 1, 1 30 2018; Ord. No. 031533, § 2, 9 11 2018)
Sec. 55-155. Requests for exemptions and variances.
(a) The director of water operationsThe Chief Operating Officer for Corpus Christi Water 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 article shall file request on city -
provided application for an exemption/variance with the city water department within five (5) days after a
particular reservoir system response stage has been invoked. All request forms shall be reviewed by the
Chief Operating Officer for Corpus Christi Water director of water operations or his designee, and shall
include the following:
(1) Name and address of the water user(s).
(2) 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.
Other pertinent information; or as required on permit application.
(8)
(c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior
to the issuance of the exemption/variance.
(d) All requests for variances/exemptions shall be reviewed and determined within three (3) business days of
receipt of complete application.
(de) The Chief Operating Officer for Corpus Christi Water 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.
(ef) 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 Chief Operating Officer for Corpus Christi Water
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. However, during Stage 3,
exception to allow watering of new plantings may be permitted for up to 30 days.
A person denied request for permit or exception from these rules may appeal the decision to the Chief
OperatingOfficer for Corpus Christi Water assistant city manager for public works, utilities and
transportation by submitting written request for appeal to the assistant city manager within five (5) business
(Supp. No. 41, Update 4)
Page 19 of 23
Created: 2025-01-16 10:14:48 [EST]
(f)
days from issuance of denial. The decision of the Chief Operating Officer for Corpus Christi Water assistant
city manager shall be final.
(gh) Violations of any permit condition may be enforced under section 55-156.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No.
029946, § 1, 9-10-2013; Ord. No. 031355, § 1, 1-30-2018)
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 V.T.C.A., Penal Code § 6.02 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 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.
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 superintendent is
authorized to discontinue water service to the premises where such violation occurs.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No.
029946, § 1, 9-10-2013)
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 2 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 V.T.C.A., 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 warrant. 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.
(Supp. No. 41, Update 4)
Page 20 of 23
Created: 2025-01-16 10:14:48 [EST]
(3)
(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 which no billing history exists.
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 of pro rata
water allocation.
(4) Upon 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 wholesale 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 appeal an allocation established under this section to the
City Council of the City of Corpus Christi.
(b) Pro rata surcharges and enforcement.
(1)
During any period when pro rata allocation of available water supplies is in effect, wholesale customers
shall pay the following surcharges on excess water diversions:
a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess
of the monthly allocation up through five (5) per cent above the monthly allocation.
b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or
deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent
above the monthly allocation.
c. Three (3.0) times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the
monthly allocation.
d. Three and one-half (3.5) times the normal water charge per unit for water diversions and/or
deliveries more than fifteen (15) per cent above the monthly allocation.
(c) Variances.
(1) The city manager, or the city manager's designee, 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 the public health, welfare, or safety,
and if one (1) or more of the following conditions are met:
a. Compliance cannot be technically accomplished during the duration of the water supply shortage
or other condition for which the plan is in effect.
b. Alternative methods can be implemented which will achieve the same level of reduction in water
use.
(Supp. No. 41, Update 4)
Page 21 of 23
Created: 2025-01-16 10:14:48 [EST]
(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.
(Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No.
031355, § 1, 1-30-2018)
Editor's note(s)—Formerly numbered § 55-159.1.
SECTION 2. The Corpus Christi Drought Contingency Plan as shown on attached and
incorporated Exhibit is hereby adopted. The Drought Contingency Plan adopted by
Ordinance No. 029846, as amended by Ordinance 030545, 031160, and Ordinance
031355 is hereby amended to reflect these changes and the amended Drought Plan be
filed of record with the City Secretary's Office. City staff is directed to submit the amended
Drought Contingency Plan to the Texas Commission on Environmental Quality and the
Texas Water Development Board.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
(Supp. No. 41, Update 4)
Page 22 of 23
Created: 2025-01-16 10:14:48 [EST]
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 4. 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. Penalties are as
provided in Section 1-6 of the Corpus Christi City Code. This ordinance takes effect on
March 19, 2025, after publication.
Introduced and voted on the N'"�i
}}����
ay of SUVA , 2025.
PASS D and APPROVED on the (VI\ day of Chi , 2025.
ATTEST:
Paulette Guajardo, M
EFFECTIVE DATE
Rebecca Huerta, City Secretary
(Supp. No. 41, Update 4)
Page 23 of 23
Created: 2025-01-16 10:14:48 [EST]
033 597 41
•
LocaliQ
Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667
GANNETT
AFFIDAVIT OF PUBLICATION NOTICE OF PASSAGE
Mariah Resendez OF ORDINANCE
City of Corpus Christi-Secretary NO. 033597, Ordinance
1201 Leopard St amending City Code of Ordi-
Corpus Christi TX 78401 nances Chapter 55, Article
XI I Water Resource Manage-
STATE OF WISCONSIN, COUNTY OF BROWN ment sections 55-150, 55-152,
The Corpus Christi Caller-Times, a newspaper published in the city 55-153, 55-154, 55-155; updat-
of Corpus Christi, Nueces County, State of Texas, generally I n g the C I ty S Drought
circulated in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells,
Kleberg, Live Oak, Nueces, Refugio,and San Patricio Counties, Contingency Plan, providing
and personal knowledge of the facts herein state and that the
notice hereto annexed was Published in said newspapers in the an effective date of March
issue: 19, 2025, and providing for
03/24/2025 penalties and publication.
and that the fees charged are legal. This ordinance was passed
Sworn to and subscribed before on 03/24/2025 and approved on second
reading by the Corpus
Christi City Council on
March 18, 2025.
/s/ Rebecca H uerta
Legal Clerk City Secretary
Notary,State of WI,County f Brown
My commission expires
Publication Cost: $105.60
Tax Amount: $0.00
Payment Cost: $105.60
Order No: 11147711 #of Copies:
Customer No: 1356906 1
PO#:
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance.
KEEGAN MORAN
Notary Public
State of Wisconsin
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