The URL can be used to link to this page

Home My WebLink About03512 ORD - 07/15/1953AN ORDBNANCC 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 I. THIS ORDINANCE SHALL BE KNOWN AS AND REr ERR_D TO AS THE "WATER CONSERVATION ORDINANCE". SECTION Z. THE PURPOSE OF THIS ORDINANCE SHALL BE TO C0195 °RVE'. THE USE OF TREATED WATER BY REGIJLA71ON OF THE USE THEREOF AND THC PREVuNTION OF WASTE OF WATER DURING PERIODS OF EMERGENCY, AS HEREIN DEFINED, AS AND FOR SUCH PERIODS OF EMERGENCY WHEN PROCLAIMED BY RESOLUTION OF THE CITY COUNCIL. IT IS HEREBY DE'rCRMINED 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 5HALL. BE GONSTRUED TO BE WASTE„ SECTION 3. DEf INITIONS: FGR 'THE PURPC SE. 0,' 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 AND WORDS IN THE PLURAL. NUMBER INCLUDE THE SINGULAR. (1) "SHALL" IS MANDATOR`( AND N-.T O;r;EC TORYo (7) "LOT" INCLUDES THE WORD "PLOT (3) "EMERGENCY" SHALL INCLUDE ALL CONDITIONS WHERE WITH- DRAWALS FROM CIl "Y WATER MAINS DURING A PERIOD OF TWENTY -FOUR (24) HOURS NAVE EXCEEOLD THE QUANTITY OF WATER PROCE35ED AT THC'. CITY WATER DEPARTMENT iILTER- ATION PLANT AND PLACED IN THE CITY MAIN DURING THE SAME. PERIOD OF TIMF. Au "EMERGENCY" SHALL BE i,;ON= S'TRUED TO CONTINUE. FROM THE 'FINE OF ITS i,ROCL AMATION.._ BY THE CITY COUNCIL OR UNDER IT'S AUTHORITY I:NTIL, THE REVOCATION OF SUCH PROCLAMATION BY T4E. CITY COUNCIL. `, OR UNDER ITS AUTHORITY. (4) "PROCLAMATION" SHALL. INCLUDE ANY STATEMENT, WRITTEN OR ORAL, IN THE FORM OF A RESOLUTION OF THE CITY COUNCIL OR ANY COMMUNIZATION OR ORDER ISSUCD TO THE PUBLIC EITHER DIRECTLY OR THROUGH 7'HE.CITY MANAGER OR DIRECTOR OF PUBLIC UTII.IT'IES WHEN AUTHOR17LD BY THE CITY COUNCIL. (5) "EVEN NUMBER" SHALL INCLUDE AL;_ NUMBERS DIVISIBLE BY 'TWO (2). ALL OTHER NUMBERS SHALL BE CONSIDERED AS "ODD" NUMBERS. SECTION 4. THAT THE USE OR WITHDRAWAL OF WATER FROM THE WATER SUPPLY SYSTEM OF THE CITY OF CORPUS CHRISTI FOR THE FOLLOWING PURPOSES OR U'4E5 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 OF SUCH PROCLAMATION. (1) THE SPRINKLING OR.WATERING OF LAWNS, TREES, SHRUBBERY, GRASS, GROUND COVERS, ANNUAL, BIENNIAL, PERENNIAL PLANTS, VINES, GARDENS, VEGETABLES, FLOWERS, NURSERY STOCK OR ANY OTHER VEGETATION THROUGH THE MZANS OF A HOSE CONNECTED TO A HYDRANT OR OTHERWISE. (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 (5) GALLON CAPACITY) HOWEVER, AN INDIVIDUAL OR FILLING STATION SHALL, AFTER SUCH WASHING, BE PERMITTED TO RI:dSE THE CAR OR BOAT OFF WITH A HOSE, USING ONLY A REASONABLE AMOUNT OF WATER IN $O DOINT. (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 PERMIT 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 USED ON THE PREMISES. THE PERMITTING OF THE WASTING OF ANY WATER BY REASON OF DEFECTIVE PLUMBING AS HEREINABOVE MENTIONED SHALL INCLUDE THE EXISTENCE OF OUT-OF- REPAIR WATER CLOSETS, UNDERGROUND LEAKS, DEFECTIVE FAUCETS AND TAPS. THE PERMITTING 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 OF WATER AND PROHIBITED 13Y THIS ORDINANCE. (5) THE USE OF WATER FROM THE CITY OF CORPUS CHRISTI SYSTEM FOR A(R- CONDITIONING OR EVAPORATIVE COOLING SYSTEMS OF ALL SIZES UNLESS THE SYSTEM OR SYSTEMS ARE EQUIPPED WITH A RECIRCULATION DEVICE WHICH WILL NOT PERMIT A LOSS 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 FOUNTAI NS1 OR OTHERWISE, IN ARTIFICIAL WATERFALLS WHERE THE WATER IS NOT REUSED OR RECIRCULATED IN ANY MANNER IS HEREBY PROHIBITED. PROVIDED HOWEVER, THAT WATER'FOR THE ABOVE PURPOSES, AS SET OUT IN THE PRE- CEDING PARAGRAPHS OF THIS SECTIONS MAY BE USED ON SUCH DAY OR DAYS OF EACH WEEK, ON PRE- MISES THE STREET NUMBER OF WHICH IS AN EVEN NUMBERS AND ON SUCH DAY OR DAYS OF EACH WEEK? ON PREMISES THE STREET NUMBER OF WHICH IS AN ODD NUMBER, AS MAY BE DESIGNATED IN THE RESOLUTION OF THE CITY COUNCIL DECLARING AN EMERGENCY. IN THE EVENT THE PREMISES HAVE NO NUMBER, APPLICATION SHALL BE MADE TO THE CITY BUILDING INSPECTOR FOR THE ASSIGN - 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 SPECIFIED DAY OR DAYS PER WEEK AS SET FORTH AND SPECIFIED IN THE PRCC'.LAMATION OR PROCLAMATIONS AS AUTHOR- IZED BY THE RESOLUTION OF THE CITY COUNCIL DECLARING THE EXISTENCE OF A STATE OF EMER- GENCY, BUT SO DESIGNATED THAT NOT ALL WATER USERS WILL HAVE THE PERMISSION TO USE WATER ON IDENTICAL DAY OR DAYS. SUCH DAY OR DAYS MAY BE CHANGED BY FURTHER RESOLUTION OR RESOLUTIONS OF THE CITY COUNCIL. IN THE EVENT ANY PREMISES DO NOT HAVE A NUMBER AT THE TIME OF THE OCCURRENCE OF ANY VIOLATION UNDER. THIS ORDINANCE THE PREMISES SHALL BE IN THE CATEGORY OF PREMISES. WITH EVEN NUMBERS. ANY USE OF WATER FOR THE PURPOSES OR IN THE MANNERS PROHIBITED IN THIS SECTION SHALL BE DEEMED TO BE A WASTE OF WATER AND ANY PERSON, FIRM OR L:ORPORAT -ION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE AND AN( PERSON IN WHOSE NAME A WATER. METER CONNECTION IS REGISTERED IN THE CITY DEPARTMENT OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI, WHICH WATER CONNECTION SERVES FREMISES UPON 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, SITALL CONSTITUTE IN 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 APPLY TO USERS OF WATER FROM THE CITY WATER SUPPLY SYSTEM OF THE CITY OF CORPUS CHRISTI WHOSE PREMISES ARE OUTSIDE OF THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI AND THE VIOLATION OF ANY OF THE PROVISIONS HEREIN SHALL BE CONSTRUED TO BE Atli ACT OF WASTE AS OCCURRING WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI. SECTION 6. THERE SHALL BE A BOARD OF EX ^EPTION.S ESTABLISHED AS FOLLOWS; -3- 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 15 HEREBY AUTHORIZED T -O� IN SPECIAL CASES, GRANT SUCH VARIANCE FROM THE TERMS OF THIS ORDINANCE AS'WILL NOT BE CONTRARY TO THE PUBLIC INTERESTS WHERE, OWING TO SPECIAL CONDITION5� A LITERAL ENFORCE- MENT OF THE PROVfSIONS 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, 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 REVOCA71OW OF SUCH PERMIT, OR REFUSAL TO REVOKE THE SAME, OR MODIFICATION OF SUCH PERMIT AS THE BOARD MAY DEEM PROPER UNDER THE CIRCUMSTANCES. SECTION 7. ANY PERSON, FIRM OR CORPORATIONS 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 11PERSON" SHALL INCLUDE ANY INDIVIDUALS FIRM OR CORPORATION. IN CASE A CORPORATION IS THE OPERATOR OF ANY EQUIPMENT USED IN VIOLATION OF ANY PROVISIONS OF THIS ORDINANCES 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.F- 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 C17Y 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. SECTION 8. THIS ORDINANCE SHALL TAKE EFFECT FROM, AND AFTER ITS PUBLICATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS 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 SECTION, SUBDIVISI ONE CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT 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 ARE HEREBY REPEALED. SECTION 11. THE FACT THAT IT IS NECESSARY TO CONSERVE THE USE OF TREATED WATER BY REGULATION 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 AND 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 INTRUJUCTIUiN AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND /pyt/ ER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE � DAY Oyi�j 1953• I � fJ - AYOR �.o �n THE CITY OF CO US CHRISTI9 TEXAS ATTEST: r CITY ECRETA Y OV AS TO APPR LEGAL FIORM: c '(v CITY ATTORNEYr r 'J' CORPUS CHRISTI, TEXAS J 1953. TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH 1N THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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 INTR- ODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR y„_„„_ CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEE:: �( A. A. LICHTENSTEIN (.L�elLt. J ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH W. JAMES BR -ACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C: CALLAWAY.,,�� JAMES A. NAISMITH A W. JAMES BRACE 35IZ