HomeMy WebLinkAbout18296 ORD - 06/19/1984AN ORDINANCE
AMENDING ARTICLE XII, ENTITLED WATER CONSERVATION,
SECTION 55-150 THROUGH SECTION 55-156, CORPUS CHRISTI
CITY CODE, TO PROVIDE FOR WATER CONSERVATION MEASURES;
AUTHORIZING PROMULGATION OF GUIDELINES THEREFOR BY
DIRECTOR OF PUBLIC UTILITIES AND IMPLEMENTATION THEREOF
BY THE CITY MANAGER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, due to critical below -normal rainfall in the South Texas
watersheds supplying water to the Lake Corpus Christi and Choke Canyon
Reservoirs resulting in a severe reduction in the available water supply to
the City and area communities, it is hereby deemed essential to the public
welfare that the City Council adopt the water conservation plan hereafter
set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Section 55-150, is hereby repealed and a new
Section 55-150 is adopted to hereafter read as follows:
"Section 55-150.
A. Scope.
There is hereby established a City of Corpus
Christi Water Conservation Plan.
B. Declaration of Policy.
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.
C. Authorization.
The City Manager, or his designee, upon the
recommendation of the director of Utilities is hereby
authorized and directed to implement the applicable
provisions of this Ordinance upon their determination
that such implementation is necessary to protect the
public welfare and safety."
18296
MICROFILMED
SEP 2ti1984
SECTION 2. That Sections 55-151 and 55-152 are repealed and a
new Section 55-151 is hereby adopted to read as follows:
"Section 55-151. Prohibited uses of water during water
shortage periods; exceptions; presumption of violation.
1. No customer of the City of Corpus Christi
water system shall knowingly make, cause, use
or permit the use of water from the City
system for residential, commercial, indus-
trial, agricultural, governmental, or any
other purpose in a manner contrary to any
provision of this Section, or in an amount in
excess of that use permitted by the conserva-
tion stage in effect pursuant to action taken
by the City Manager, or his designee, in
accordance with the provision of this
Section. The provisions of this Section
shall apply to all uses of water from the
City water supply system wherever situated.
2. The Director of the Department of Public
Utilities shall promulgate guidelines which
shall set forth the criteria for determining
when a particular conservation stage is to be
implemented and terminated. Such guidelines
shall be updated when, in the opinion of the
Director, the conditions of the water system
have changed so as to necessitate such
update, said guidelines to be published and
filed in the office of the Director of
Utilities.
3. The use or withdrawal of water from the water
supply system of the City for the following
purposes or uses is hereby regulated during
any period of water shortage commencing with
the promulgation of water conservation
guidelines by the Director of Utilities and
implementation of same by the City Manager
and continuing until such water conservation
measures are no longer deemed necessary by
the City Manager in accordance with such
guidelines.
A. Condition I - Water Shortage Possibility
Upon implementation by the City Manager, customers of
the water system of the City of Corpus Christi are
requested to voluntarily conserve and limit their use
and all municipal operations are placed on mandatory
conservation.
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Water used for irrigation of vegetation may be used on
such day or days of each week, on premises the street
number of which is an even number, and on such day or
days of each week, on premises the street number of
which is an odd number, as may be designated by the
City Manager. In the event the premises have no
number, application shall be made to the city building
official for the assignment of a number to such
premises and such premises shall thereafter bear the
number so assigned. Such day or days may be changed by
further directive of the City Manager. In the event
any premises do not have a number at the time of the
occurrence of any violation under this Article, the
premises shall be in the category of premises with even
numbers. No person or customer shall cause or permit
water to run or waste in any gutter or otherwise.
B. Condition II - Water Shortage Watch
Upon implementation by the City Manager, and publica-
tion of notice, the following restrictions shall apply
to all persons and the withdrawal of water from the
system for the following purposes or uses is hereby
prohibited. All elements of Condition I shall remain
in effect in Condition II.
1. The sprinkling or watering of lawns is
prohibited. Provided, however, the City
Manager may authorize the watering of trees,
shrubbery, annual, biennial or perennial
plants, vines, gardens, vegetables and
flowers through the means of a hand held hose
equipped with a positive shut off nozzle,
drip irrigation or a hand held bucket or
watering can. When authorized, such watering
shall be done only between the hours of 6:00
a.m. and 8:00 p.m. on Mondays, Wednesdays and
Fridays. Commercial nurseries shall be
excepted from the prohibition of this
subparagraph and shall be permitted to water
nursery stock by means of a hand-held hose
equipped with a positive shut-off nozzle,
drip irrigation or hand-held bucket or
watering can between the hours of 8:30 a.m.
and 6:00 p.m. Commercial nurseries shall be
permitted to use sprinkler irrigation systems
to maintain nursery stock provided irrigation
water is recaptured and recirculated.
Residential homeowners and occupants may
install and water on day of purchase those
classes of plantings described herein,
excluding lawns.
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2. The washing of automobiles, trucks, trailers,
boats, airplanes and any other type of mobile
equipment except that individuals may wash
their private cars or boats if they use a
bucket, pail, or normal sized receptacles;
and further provide, that filling stations
shall wash their customers' cars with a
bucket, pan, pail or other receptacles not
larger than of 5 gallons capacity; however,
an individual or filling station, after such
washing, shall be permitted to rinse the car
or boat off with a hose, using only a reason-
able amount of water in so doing. Commercial
or automatic car wash establishment shall use
minimum practical water settings.
3. The washing of building exteriors and
interiors, trailers, trailer houses and
railroad cars, except that in the interest of
public health the Director of Public Health
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 to flow
constantly through a tap, hydrant, valve or
otherwise by any user of water connected to
the City system, shall be considered as a
wasting of water and prohibited by this
Article.
5. The use of fire hydrants for any purpose
other than firefighting.
6. The use of water in ornamental fountains or
in artificial waterfalls where the water is
not reused or recirculated in any manner.
7. The use of water to wash down any sidewalks,
walkways, driveways, parking lots, tennis
courts or other hard -surfaced area, or
building or structure.
8. The use of water for dust control.
9. The use of potable water by a golf course to
irrigate any portion of its grounds except
those areas designated as tees and greens and
only between the hours of 6:00 a.m. and 10:00
a.m. on the designated watering days.
10. Any use of water for the purposes or in a
manner prohibited in this Section shall be
deemed to be a waste of water and any person
violating any of the provisions of this
article and any person in whose name a water
meter connection is registered in the
department of public utilities, which water
connection serves premises 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, shall
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.
11. Concurrently with the implementation of
Condition II, the City Council shall appoint
an Allocation and Review Committee, as
hereinafter provided, for the purpose of
reviewing water conservation policies and
establishing exemptions.
C. Condition III - Water Shortage Warning
Upon implementation by the City Manager and publication
of notice, the following restrictions shall apply to
all persons. All elements of Condition II shall remain
in effect in Condition III.
1. Prohibit new connections for service to the
City water system where other supply service
is available.
2. A mandatory limit of normal water use by
industrial and commercial customers in
amounts as determined by the City Manager and
the Allocation and Review Committee without
rate penalty.
3. A mandatory limit to residential customer use
to 5,000 gallons per month without rate
penalty.
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4. A rate schedule will be adopted to establish
rates and penalties for uses in excess of
permitted amounts.
5. The following water uses are hereby
determined to be nonessential and are
prohibited.
(a) The use of water to serve a customer in
a restaurant unless requested by the
customer.
(b) The use of water for the expansion of
commercial nursery facilities.
(c) The use of water for scenic and
recreational ponds and lakes (except for
the minimum amount required to support
fish life) or for the filling of
swimming pools or jacuzzi pools (except
where the pool is required by a medical
doctor's prescription).
(d) The use of water to put new agricultural
land into production.
(e) The use of water for new planting or
landscaping.
D. Condition IV - Water Shortage Emergency
Upon implementation by the City Manager and publication
of notice, the following restrictions shall apply to
all persons. All elements of Condition III shall
remain in effect in Condition IV.
1. No applications for new, additional, further
expanded, or increased -in -size water service
connections, meters, service lines, pipeline
extensions, mains, or other water service
facilities of any kind shall be allowed,
approved, or installed except as approved by
the Allocation and Review Committee.
2. All allocations of water use to industrial
and commercial customers in amounts as
established by the Allocation and Review
Committee.
3. The maximum monthly use for a residential
customer be established with revised rate
schedules and penalties by the City Council
on recommendation by the Allocation and
Review Committee.
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4. The City Council and City Manager take those
actions deemed necessary to meet the
conditions resulting from the emergency."
SECTION 3. That Section 55-153 is hereby amended by repealing
same in its entirety.
SECTION 4. That Sections 55-154 and 55-155 are hereby amended by
combining and re -numbering same to new Section 55-152 to hereafter read as
follows:
"Section 55-152. Allocation and Review Committee,
establishment, composition, powers and duties.
The Allocation and Review Committee shall be composed
of five (5) members, the Director of Public Utilities,
the Director of Public Health, a representative of
industry, a representative of business and commerce and
a citizen of the City. The industry, business and
citizen members shall be appointed by the Mayor and
Council and shall serve at the pleasure of the City
Council.
The Committee shall consider requests of water users
for special consideration to be given as to their
respective particular circumstances and the Committee
shall hear and decide such requests and is hereby
authorized to, in special cases, grant such variance
from the terms of this Article as will not be contrary
to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of
this Article will result in unnecessary hardship, and
so that the spirit of this Article shall be observed
and substantial justice done. Should a permit for
special exception be granted by such Committee, it
shall be in effect from the time of granting; provided,
that the permit is 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 Committee
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 (1) day prior to the holding of such hearing.
After the conclusion of such hearing, the Committee
shall take such action by way of revocation of such
permit, or refusal to revoke the same, or modification
of such permit as the Committee may deem proper under
the circumstances.
SECTION 5. That Section 55-156 is hereby amended by deleting
such section and substituting a new section to be re -numbered as Section
55-153 so as to hereafter read as follows:
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"Section 55-153. Violations, Penalty and Enforcement.
A. Any person, corporation or association violating
any provision of this ordinance shall be deemed
guilty of a misdemeanor and, upon conviction shall
be punished by a fine not to exceed Two Hundred
Dollars ($200). 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. If any person, firm,
corporation, association, customer or user of water of
the water system of the City of Corpus Christi is found
guilty of a second violation of this Article, the
Director of Public Utilities shall be authorized to
discontinue water service to the premises where such
violation occurs."
B. Any police officer, or other city employee
designated by the City Manager, may issue a
citation to a person he reasonably believes to be
in violation of this ordinance. The citation
shall be prepared in duplicate and shall contain
the name and address of the alleged violator, if
known, the offense charged, and shall direct him
to appear in the Corpus Christi Municipal Court
within five (5) days of service of the citation.
The alleged violator shall be requested to sign
the citation, and shall be served a copy of the
citation. Service of the citation shall be
complete upon the attempt to give it to the
alleged violator. The alleged violator shall
appear in Municipal Court to make his plea within
five (5) days of service of the citation, and
failure to so appear shall be a violation of this
ordinance. A police officer may arrest for any
offense under this ordinance where permitted by
State arrest law. Said cases shall be expedited
and given preferential setting in Municipal Court
before all other cases.
SECTION 6. 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 another section, paragraph, subdivision, clause, 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 thereof be given full force and effect for its purpose.
SECTION 7. Publication shall •be made one time by publishing in
the official newspaper of the City of Corpus Christi the caption of this
Ordinance stating in substance the purpose of the aforesaid ordinance.
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SECTION 8. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
need for efficient administration of City affairs by implementing the
conservation of water at the earliest practicable date, such finding of an
emergency is made and declared requiring suspension of the Charter rule as
to consideration and voting upon ordinanc or resolutions at three regular
meetings so that this prdjpance is pa ed upon first reading as an
emergency measure, this 1 Tmday of , 1984.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:�/
��(�' DAY OF , 1984
J. BRUCE AYC K, CITY ATTORNEY
By
Assistant Cit/� orney
-9-
Corpus Christi, Te s
f/ ay of , 198`t
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
•
Council Members
MAOR pro.
THE TY OF CORPUS CHRISTI, TEXAS
The above ordinance was passe/d by the following vote:
(,�.Luther Jones 4.Q -GO%
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
18296
STATE OF TEXAS, Iss:
County of Nueces. )
PUBLISHER'S AFFIDAVIT -
Before me, the undersigned, a 'Notary Public, this day personally came
i
MARGARET RAMQGE ... _... ,__................ _., who being first duly sworn, according to law, says that he is the
CIMMUNITY RELATIONS SIJ
PERVISOF of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE # 18296 AMENDING ARTICLE III, ENTITLED___.__
Caller -Times Publishing Co.
of which the annexed is a true copy, was published in
21st June 1984 and once each..._. day thereafter for..... one
on the._...._ day of __. . _
day
consecutive
ONE Times.
$--
31.90 MARGARET RAMAGE
Subscribed and sworn to before me this 22nd ,, y 4f
EDNA KOSTER
otary Public, Nueces C nty, Texas
,2.torIcE OF PASSAGE -OF
AMENDING ARTICLE XII, E
ORDINANCE X -18295'
, TITLED WATEF,
CONSERVATION, SECTION
•
55150 THROUGH SECTION
9. 55-156, CORPUS CHRISTI
CITY CODE, TO PROVIDE FOB
WATER CONSERVATION
MEASURES, AUTHORIZING'
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....,_ .11NES, THEREFOR B
PROMULGATION OF GUIDE -
J3 ..r 2-.-- . .....4.... .. ." i TtEDIREsaill',ANO imp' IsmEhrT'AnotvTHEREcW BY THE --..
•
PROVIDINGury,CRITY:FASIR- .1•
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-sell G Read
DE-
CLARING AN EMERGENCY.
Was passed and approved
by the City Council of the Cny
of Corpus Christi, Texas on
the 19th day of June, 1984.
The full text of said ordinance
available to the public in thy
Office of the City Secretary.
City Secreter'y
6.......-Corous.Christi, x