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HomeMy WebLinkAbout033902 ORD - 04/14/2026One -reading Ordinance Amending City Code of Ordnances, Chapter 55, Article XII Water Resources Management, Section 55-150, Section 55-151, and Section 55-153 to add definitions and provisions regarding essential water use and auxiliary water supply; updating the City's Drought Contingency Plan; providing an effective date of April 14, 2026, and providing for publication. Be it ordained by the City Council for the City of Corpus Christi, Texas: Section 1. That Chapter 55 Article XII Water Resource Management is amended by adding the underlined text and deleting the text that is stricken as shown below: ARTICLE XII. WATER RESOURCE MANAGEMENT1 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 edition, approved March 18, 2025, 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 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: 'Editor's note(s)—Ord. No. 24396, § 1, adopted Mar. 20, 2001, amended art. XII, in its entirety, to read as herein set out. Former art. XII pertained to similar subject matter. See the Code Comparative Table. Corpus Christi, Texas, Code of Ordinances (Supp. No. 43) Created: 2026-01-26 10:13:52 (EST] Page 1 of 9 033 02 SCANNED (1) "City manager" means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system 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. (3) "Fountain" means an artificially created jet or stream of water; a structure, often decorative. (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. "Non -essential purpose" means water uses that are not essential or not required for the protection of public health, safety and welfare. (6) "Non-exempt large volume accounts" means a large volume account that is not paying 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. (9) "Essential water use" means water use necessary to sustain public health, welfare, safety, sanitation and fire protection. (10 "Auxiliary water supply" means water supply from a source that does not originate from Corpus Christi's water supply system, whether treated or raw. (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; Ord. No. 033597, § 1, 3-18-2025) (5) 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. (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST] Page 2 of 9 (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. (4) Auxiliary water supply. It is recommended to use auxiliary water supplies if available. (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) Sec. 55-153. Drought stages: Best 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 Christi or designee. (b) Water shortage watch stage. (1) Target: Achieve a voluntary five (5) per cent 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. (1) Target: During Stage 1, achieve a five (5) per cent reduction in daily treated water demand 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. 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 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. 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. f. Use auxiliary water supplies if available. (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST] Page 3 of 9 (3) Under threat of penalty for violation, the 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, 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 or other auxiliary water supply. Customers irrigating with well water or an aerobic septic system must apply for an exemption from Corpus Christi Water 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 essential water use except that use of water from designated fire hydrants for construction purposes may be allowed under special exemption from Corpus Christi Water. 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 infrastructure, the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is limited to designated watering days. (d) Stage 2 response - Moderate water shortage. (1) Target: During Stage 2, achieve a 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. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and (3) 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. c. Increase public education and outreach regarding water use reduction. Water use restrictions for demand reduction: All requirements of Stage 1 shall remain in effect during Stage 2 except as modified below: 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 (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST] Page 4 of 9 shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. 1. Exceptions for this restriction may be permitted, upon review and approval by the chief operating officer for Corpus Christi Water, 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 or any other auxiliary water supply. 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. 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 infrastructure or done by means of hand-held hoses, or hand-held buckets. 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 one hundred (100) per cent 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. The following surcharge will be added to a customer's water bill: For all irrigation accounts, a surcharge of one dollar ($1.00) per one thousand (1,000) gallons will be added to the customers' bill. For residential accounts, a surcharge of one dollar ($1.00) per one thousand (1,000) gallons over seven thousand (7,000) gallons will be added to the customers' bill. For commercial accounts, a surcharge of one dollar ($1.00) per one thousand (1,000) gallons over fifty-five thousand (55,000) gallons will be added to the customers' bill. For non-exempt large volume accounts a surcharge of three dollars ($3.00) per one thousand (1,000) gallons over twelve million eight hundred forty-two thousand (12,842,000) gallons will be added to the customers' bill. For wholesale customers, a surcharge of one dollar ($1.00) per one thousand (1,000) gallons for volumes exceeding the last twelve-month average usage by twenty-five (25) per cent for the twelve-month billing prior to the implementation of Stage 2 will be added to the customers' bill, except as otherwise provided by contract. (e) Stage 3 response - Critical water shortage. (1) Target: During Stage 3, achieve a fifteen (15) per cent or greater 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 2, the city will also do the following during Stage 3: (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST] Page 5 of 9 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. (3) 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 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 (5) gallons or less. d. Exceptions for Stage 3 restrictions may be permitted up to thirty (30) days, upon review and approval by the chief operating officer or designee, for new plantings. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system or any other auxiliary water supply. 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. 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 (5) gallon bucket or less, on the designated watering day. f. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and hot tubs is prohibited except to maintain structural integrity. g. The person or entity who owns, leases, or manages an outdoor swimming pool (including city - owned pools) shall have approximately one hundred (100) per cent 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. i. All fountains shall only operate to circulate water in order to maintain equipment. j• 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. The following surcharge will be added to a customer's water bill: (i) For all irrigation accounts, a surcharge of two dollars ($2.00) per one thousand (1,000) gallons will be added to the customers' bill. (ii) For residential accounts, a surcharge of two dollars ($2.00) per one thousand (1,000) gallons over seven thousand (7,000) gallons will be added to the customers' bill. (Hi) For commercial accounts, a surcharge of two dollars ($2.00) per one thousand (1,000) gallons over fifty-five thousand (55,000) gallons will be added to the customers' bill. (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST) Page 6 of 9 (f) (iv) For non-exempt large volume accounts a surcharge of six dollars ($6.00) per one thousand (1,000) gallons over twelve million eight hundred forty-two thousand (12,842,000) gallons will be added to the customers' bill. (v) For wholesale customers, a surcharge of two dollars ($2.00) per one thousand (1,000) gallons for volumes exceeding the last twelve-month average usage by twenty-five (25) per cent for the twelve-month billing prior to the implementation of Stage 2 will be added to the customers' bill, except as otherwise provided by contract. Water emergency. (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 V.T.C.A., 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 five (5) per cent 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. Y 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: 1. Irrigation of all landscaped areas is absolutely prohibited. 2. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. 3. 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) Level2 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. (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST] Page 7 of 9 (3) 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: 1. Irrigation of all landscaped areas is absolutely prohibited. 2. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. 3. 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. During a Level 1 and Level 2 water emergency, 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. The following surcharge will be added to a customer's water bill: 1. For irrigation account, the monthly surcharge is four dollars ($4.00) per one thousand (1,000) gallons. 2. For residential account, the monthly surcharge is four dollars ($4.00) per one thousand (1,000) gallons over seven thousand (7,000) gallons. 3. For commercial account, the monthly surcharge is four dollars ($4.00) per one thousand (1,000) gallons over fifty-five thousand (55,000) gallons. 4. For non-exempt large volume accounts a surcharge of twelve dollars ($12.00) per one thousand (1,000) gallons over twelve million eight hundred forty-two thousand (12,842,000) gallons will be added to the customers' bill. 5. For wholesale customers, a surcharge of four dollars ($4.00) per one thousand (1,000) gallons exceeding the last twelve-month average usage by twenty-five (25) per cent for the twelve-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; Ord. No. 033597, § 1, 3-18-2025) SECTION 2. The Corpus Christi Drought Contingency Plan as shown on attached and incorporated Exhibit is hereby adopted. The amended Drought Contingency Plan is to be filed of record in the City Secretary's Office. City staff is directed to submit the (Supp. No. 43) Created: 2026-01-26 10:13:52 (EST) Page 8 of 9 amended plan to the Texas Commission on Environmental Quality and the Texas Water Development Board. SECTION 3. This ordinance takes effect on April 14, 2026. SECTION 4. This section constitutes a written request by the Mayor or majority of the City Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure. PASSED AND APPROVED on the 1 t-i-vtn day of AV: t , 2026. Paulette Guajardo, Ma EFFECTIVE DATE ATTEST: Rebecca Huerta, City Secretary (Supp. No. 43) Created: 2026-01-26 10:13:52 [EST] Page 9 of 9 03 3 9 a2,