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Home My WebLink About03488 ORD - 06/10/1953AN ORDINANCE REGULATING THE USE OF WATER; PROVIDING CONSERVATION MEASURES; FORBIDDING WASTE OF WATER; DEFINING TERMS; PROVIDING EXCEPTIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR A BOARD OF EXCEPTIONS; PRESCRIBING PENAL- TIES; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. THIS ORDINANCE SHALL BE KNOWN AS AND REFERRED TO AS THE "WATER CONSERVATION ORDINANCE ". SECTION 2. THE PURPOSE OF THIS ORDINANCE SHALL BE TO CONSERVE THE USE OF TREATED WATER BY REGULATION OF THE USE THEREOF AND THE PREVENTION CF WASTE OF WATER DURING PERIODS OF EMERGENCY, AS HEREIN DEFINED AS AND FOR SUCH PERIODS OF EMERGENCI WHEN PROCLAIMED BY RESOLUTION OF THE .CITY COUNCIL- IT IS HEREBY DETERMINED TO BE THAT THE USE OR WITHDRAWAL OF WATER FROM THE WATER SUPPLY SYSTEM OF THE CITY OF CORPUS CHRISTI FOR ANY PURPOSE OR MANNER HEREBY PROHIBITED SHALL BE CONSTRUED TO BE WASTE. SECTION 3. DEFINITIONS: FOR THE PURPOSE OF THIS ORDINANCE CERTAIN TERMS AND WORDS ARE HEREBY DEFINED. WORDS USED IN THE PRESENT TENSE INCLUDE: THE FUTURE; WORDS IN SINGULAR NUMBER INCLUDE THE PLURAL NUMBER ANj WORDS IN THE PLURAL NUMBER INCLUDE THE SINGULAR. (I) "SHALL" 15 MANDATORY AND NOT DIRECTORY. (2) "LOT" INCLUDES THE WORD "FLOT (3) "EMERGENCY" SHALL INCLUDE ALL CONDIilON5 WHERE WITH- DRAWALS FROM CITY 'WATER MAINS DURING A PERIOD OF TWENTY -FOUR (24) HOURS HAVE EXCEEDED THE QUANTITY OF WATER PROCESSED AT THE CITY WATER DEPARTMENT FILTER - ATION PLANT AND PLACED IN THE CITY MAIN DURING THE SAME PERIOD OF TIME. AN "EMERGENCY" SHALL BE CON- STRUED TO CONTpII WWN�.IUiCE LFROM THE TIME OF ITS PROCLAMATION BY THE '`C I?Y1CTN11TTHE REVOCATION OF SUCH PROCLAMATION BY THE CITY COUNCIL. (4) "PROCLAMATION" SHALL INCLUDE ANY STATEMENT WRITTEN OR ORALS IN THE FORM OF A COMMUNICATION OR ORDER ISSUED TO THE PUBLIC EITHER DIRECTLY OR THROUGH THE CITY MANAGER OR DIRECTOR OF PUBLIC UTILITIES. (5) "EVEN NUMBER" SHALL INCLUDE ALL NUMBERS DIVISIBLE BY TWO (2). ALL OTHER NUMBERS SHALL BE CONe1DERED AS "ODD" NUMBERS. SECTION 4. THAT THE USE OR WITHDRAWAL OF WATER 7f3OM THE WATER SUPPLY SYSTEM OF THE CITY OF CORPUS CHRISTI FOR THE FOLLOWING PURPOSES OR USES IS HEREBY PROHIBITED DURING ANY PERIOD OF EMERGENCY COMMENCING WITH PASSAGE, OF A RESOLUTION BY A MAJORITY VOTE OF THE CITY COUNCIL AND CONTINUING UNTIL A REVOCATION Oi '�U;. -,H PROCLAMATION 3qb8 (1) THE SPRINKLING OR WATERING OF LAWN5, TREES, SHRUBBERY, GRASS, GROUND COVERS, ANNUAL, BIENNIAL, PERENNi AL PLANTS, irINES, GARDENS, VEGETABLES, FLOWERS, NURSERY STOCK OR ANY OTHER VEGETATION THROUGH THE MEANS OF A HOSE CONNECTED TO A HYDRANT OR OTHERWISE;IPROVIDED, HOWEVER, THAT WATER FOR THE ABOVE PURPOSES MAY BE USED ON TUESDAY AND SATURDAY Or EACH WEEK BY THE WATER U7EPS. THE OCCUPANTS AND OWNERS OF EVEN - NUMBERED PREMISES, BEGINNING WITH THE WEEK IN WHICH THE RE- -GL.'_TION OF THE CITY COUNCIL MENTIONED IN SECTION 2 IS ADOPTED, AND THE OCCUPANTS AND OWNERS OF ODD- NUMBERED PREMISES TO USE WATER ON THURSDAY AND SUNDAY OF EACH WEEK, AND THERE- AFTER ON THE SAME WEEKLY BASIS UNLESS MODIFIED OR REPE.ALEC. IT IS THE INTENTION AND PURPOSE OF THIS ORDINANCE THAT EVERY WATER USER OR CUSTOMER WILL BE. ALLOWED THE USE OF WATER ON TWO (2) SPECIFIED DAYS PER WEEK AS SET FORTH IN THIS SECTION FOR THESE PURPOSES. (2) THE WASHING OF TRACTORS, TRAILER, HOUSES, RAILROAD CARS OR ANY OTHER TYPE OF MOBILE EQUIPMENT, EXCEPT THAT INDIVIDUALS MAY WASH THEIR PRIVATE CARS OR BOATS IF THEY USE A BUCKET, PAN, PAIL, OR OTHER NORMAL SIZED RECEPTACLE, AND FURTHER PROVIDED, THAT FILLING STATIONS SHALL WASH THEIR CUSTOMERS' CARS WITH A BUCKET, PAN, PAIL, OR OTHER RECEPTACLE NOT LARGER THAN OF FIVE (.�) GALLON CAPACITY; HOWEVER, AN INDIVIDUAL OR FILLING STATION SHALL, AFTER. Su Cii WASHING, BE PERMITTED TO RI I,SE THE CAR OR BOAT OFF WITH A HOSE, USING ONLY A REASONABLE AMOUNT OF WATER IN SO DOINw. (3) THE WASHING OF BUILDING EXTERIORS AND INTERIORS, TRAILERS, TRAILER HOUSES, RAILROAD CARS, EXCEPT THAT IN THE INTEREST OF PUBLIC SAFETY OR PUBLIC HEALTH THE. FIRE CHIEF OR DIRECTOR OF PUBLIC HEALTH OF THE CITY OF CORPUS CHRISTI MAY FERMIT LIMITED USE OF THE WATER AS THE CASE MAY BE. (4) THE PERMITTING OR MAINTAINING OF DEFECTIVE PLUMBING IN A HOME, BUSINESS ESTABLISHMENT, OR ANY LOCATION WHERE WATER IS U5ED ON THE PREMISES", THE PERMITTING OF THE WASTING OF ANY WATER BY REASON OF DEFECTIVE PLUMBiNG A5 HEREINABOVE MENTIONED SHALL INCLUDE THE EXISTENCE OF OUT -OF- REPAIR WATER CLOSETS, UNDERGROUND LEAK-, DEFECTIVE FAUCETS AND TAPS, THE PE'RMI'TTING OF WATER FLOW CONSTANTLY THROUGH A TAP, HYDRANT, VALVE OR OTHERWISE, BY ANY USER OF WATER CONNECTED TO THE CITY OF CORPUS CHRISTI SYSTEM SHALL BE CONSIDERED AS A WASTING DF WATER AND PROHIBITED BY THIS ORDINANCE. (5) THE USE OF WATER FROM THE CITY OF CORPUS CHRISTI SYSTEM FOR AIR- CONi;IT1ONING OR EVAPORATIVE COOLING SYSTEMS OF ALL SIZES UNLESS THE SYSTEM OR SYSTEMS ARE EQUIPPED WITH A RECIRCULATION DEVICE WHICH WILL NOT PERMIT A L05S Of WATER BEYOND FIVE PERCENT -2- FOR THE USE` AND OPERATION OF SAID SYSTEM. (6) THE USE OF WATER BY LAWN SPRINKLING DEVICES, IN ORNAMENTAL FOUNTAINS, OR OTHERWISE, IN ARTIFICIAL WATERFALLS WHERE THE WATER IS NOT REUSED OR RECIRCULATED IN ANY MANNER IS HEREBY PROHIBITED, EXCEPT THAT GOLF COURSES ARE PERMITTED TO WATER THE PUTTING GREENS BY ANY HAND SPRINKLING DEVICE ON MONDAY, WEDNESDAY, FRIDAY AND SATURDAY NIGHTS OF EACH WEEK. PROVIDED, HOWEVER, THAT WATER FOR THE ABOVE PURPOSES MAY BE USED ON TUESDAY AND SATURDAY, OR ON EITHER OF SAID DAYS OF EACH WEEK, ON FREMISES THE STREET NUMBER OF WHICH IS AN EVEN NUMBER, AND ON THURSC'A.Y AND SUNDAY, OR ON EITHER OF SAID DAYS OF EACH WEEK, ON PREMISES THE STREET NUMBER OF WHICH IS AN ODD NUMBER.. IN THE EVENT THE PREMISES HAVE NO NUMBER, APPLICATION SHALL BE MADE TO THE CITY BUILDING INSPECTOR FOR THE ASSIGNMENT OF A NUMBER TO SUCH PREMISES AND SUCH PREMISES SHALL THEREAFTER BEAR THE NUMBER SO ASSIGNED. IT IS THE INTENTION AND PURPOSE OF THIS ORDINANCE THAT EVERY WATER USER OR CUSTOMER WILL BE ALLOWED THE USE OF WATER FOR SAID PURPOSES ON THE TWO SPECIFIED DAYS PER WEEK AS SET FORTH IN THIS SECTION. IN THE EVENT ANY PREMISES DO NOT HAVE A NUMBER AT THE TIME OF THE OCCURRENCE OF ANY VIOLATION UNDER THIS ORUINA.NCE THE PREMISES SHALL BE IN THE CATEGORY OF PREMISES WITH EVEN NUMBERS, ANY USE OF WATER FOR THE PURPOSES OR IN THC MANNER5 PROHIBITED IN THIS SECTION SHALL BE DEEMED TO BE A WASTE OF WATER AND ANY PERSON, FIRM OR :ORFORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE ANC ANY PERSON IN WHOSE NAME 4 WATER, METER CONNECTION IS REGISTERED IN THE CITY DEPARTMENT OF PUBL;C UTILITIES ON THE CIT'i OF CORPUS CHRISTI, WHICH WATER CONNECTION SERVES PREMISES UFON WHICH A VIOLATION OCCURS, AND PROOF THAT THE PARTICULAR PREMISES HAVE A WATER METER CONNECTION REGISTERED IN THE NAME OF THE DEFENDANT NAMED IN THE COMPLAINT; SHALL CONSTITUTE 114 EVIDENCE A PRIMA FACIE PRESUMPTION THAT THE PERSON IN WHOM SUCH WATER CONNECTION WAS REGISTERED WAS THE PERSON WHO PERMITTED OR CAUSED THE ACT OF WASTE CHARGED TO OCCUR ON THE PREMISES. SECTION 5. THE PROVISIONS OF THIS ORDINANCE SHALL APFLf TO USERS OF WATER FROM THE CITY WATER SUPPLY SYSTEM OF THE CITf OF CORPUS CHRISTI WHOSE PREMISES ARE OUTSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRI °TI AND THE VIOLATION OF ANY OF THE PROVISIONS HEREIN SHALL BE CONSTRUED TO BE AN ACT OF WASTE AS OCCLIRPING WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI. SECTION 6. THERE SHALL BE A BOARD OF EXCEPTI0:4S ESTABLISHED AS FOLLOWS: -3- (1) THE BOARD OF EXCEPTIONS SHALL BE COMPOSED OF THREE (3) MEMBERS- THE DIRECTOR OF PUBLIC UTILITIES, THE DIRECTOR OF PUBLIC SAFETY, AND A RESIDENT CITIZEN OF THE CITY OF CORPUS CHRISTI. APPOINTMENT SHALL BE MADE BY THE MAYOR AND COUNCIL AND THE MEMBERS SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL. (2) THE BOARD OF EXCEPTIONS SHALL CONSIDER REQUESTS OF WATER USERS FOR SPECIAL CONSIDERATION TO BE GIVEN AS TO THEIR RESPECTIVE PARTICULAR CIRCUMSTANCES AND THE BOARD SHALL HEAR AND DECIDE SUCH REQUESTS AND IS HEREBY AUTHORIZED TO, IN SPECIAL CASES, GRANT SUCH VARIANCE FROM THE TERMS OF THIS ORDINANCE AS WILL NOT BE CONTRARY TO THE PUBLIC INTEREST, WHERE, OWING TO SPECIAL CONDITIONS, A LITERAL ENFORCE- MENT OF THE PROVISIONS OF THIS ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP, AND SO THAT THE SPIRIT OF THIS ORDINANCE SHALL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. SHOULD A PERMIT FOR SPECIAL EXCEPTION BE GRANTED BY SUCH BOARD IT SHALL BE IN EFFECT FROM THE TIME OF GRANTING, PROVIDED THE PERMIT BE PROMINENTLY POSTED ON THE PREMISES WITHIN TWO (2) FEET OF THE STREET NUMBER LOCATED ON THE PREMISES. SHOULD PROTEST BE RECEIVED AFTER THE GRANTING OF ANY SUCH SPECIAL PERMIT, THE BOARD SHALL CONSIDER THE REVOCATION OF SUCH PERMIT AND SHALL RECONSIDER THE GRANTING OF SUCH PERMIT AT A PUBLIC HEARING, NOTICE OF WHICH SHALL HAVE BEEN GIVEN AT LEAST ONE DAY PRIOR TO THE HOLDING OF SUCH HEARING. AFTER THE CONCLUSION OF SUCH HEARING THE BOARD SHALL TAKE SUCH ACTION BY WAY OF REVOCATION OF SUCH PERMIT, OR REFUSAL TO REVOKE THE SAME, OR MODIFICATION OF SUCH PERMIT AS THE BOARD MAY DEEM PROPER LINDER THE CIRCUMSTANCES. SECTION 7. ANY PERSON, FIRM OR CORPORATION, UNDER WHOSE NAME THE SERVICE ACCOUNT IS CARRIED, VIOLATING THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION, SHALL BE FINED IN A SUM NOT TO EXCEED ONE HUNDRED DOLLARS ($100,00). THE TERM "PERSON" SHALL INCLUDE ANY INDIVIDUAL, FIRM OR CORPORATION. IN CASE A CORPORATION IS THE OPERATOR OF ANY EQUIPMENT USED IN VIOLATION OF ANY PROVISIONS OF THIS ORDINANCE, OR IN CASE ANY CORPORATION HAS A WATER SERVICE CONNECTION REGISTERED IN THE CORPORATE NAME SERVICING PREMISES UPON WHICH ANY VIOLATION MAY OCCUR, THE PRESIDENT', VIC €- PRESIDENT, SECRETARY, TREASURER, MANAGER, AND /OR AGENT, AND /OR EMPLOYEE OPERATING SUCH EQUIPMENT SHALL BE LIABLE FOR THE PENALTIES HEREIN PRESCRIBED IF A PERSON IS GUILTY OF A SECOND VIOLATION OF THIS ORDINANCE, THE SUPERINTENDENT OF THE WATER DEPARTMENT OF THE CITY OF CORPUS CHRISTI SHALL BE AUTHORIZED TO CUT OFF THE WATER SERVICE SERVING THE PREMISES WHERE SUCH VIOLATION OCCURS. EACH ACT SHALL CONSTITUTE A SEPARATE VIOLATION AND BE SUBJECT TO A SEPARATE PENALTY. -4- SECTION 8. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CARPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE AND THE PENALTY FOR VIOLATION THEREOF. SECTION 9. IF FOR ANY REASON ANY SECTI ONy PARAGRAPH, SUBDIVI Sl ON, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, If SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 10. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE AND XRE HEREBY REPEALED. SECTION 11. THE FACT THAT IT IS NECESSARY TO CONSERVE THE USE OF TREATED WATER BY REGULATCON OF THE USE THEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING. THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AMC, THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTROD'.ICTI U7l AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER I'VS PASSAGE, Ii IS ACCORDINGLY PASSED AND APPROVED THIS THE ATTEST- CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNIJY OF CORPUS CHRISTI, TEXAS -5- CORPUS CHRISTI, TEXAS Lc, 1 953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, t., MAYOR CITY OF COk(puS CHR.ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: - A. A. LICHTENSTEIN cz� ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE ' THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BRACE 3 L4 5 l../