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Home My WebLink About18383 ORD - 07/31/1984AN ORDINANCE AMENDING CHAPTER 55, ARTICLE XII, ENTITLED WATER CONSERVATION, SECTIONS 55-150:153 (INCLUSIVE), CORPUS CHRISTI CITY CODE, AS AMENDED, PROVIDING FOR PUBLICA- TION; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 55, Article XII, Sections 55-150, 55-151, 55-152, and 55-153 of the Corpus Christi City Code are hereby amended to hereafter read as follows: "Section 55-150. Scope, Purposes, and Authorization. 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. In making decisions under this ordinance 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 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." 18383 , MICROFILMED SEP 2 8 lag4 "Section 55-151. Prohibition and Regulation of Uses. 1. No person shall knowingly, recklessly, or with criminal negligence, make, cause, use or permit the use of water from the City system for residen- tial, commercial, industrial, 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 conservation 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. As used in this ordinance, "person" includes individuals, corporations, partnerships, associations, and all other legal entities. 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 termi- nated. 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. 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 -2- 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. The City Manager, in the exercise of his discretion based upon guidelines established by the Director of Public Utilities, may implement any or all of those elements of Condition II as are deemed necessary at any particular time. 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. 2. The washing of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment except that individuals may wash -3- 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. -4- 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. The City Manager, in the exercise of his discretion based upon guidelines established by the Director of Public Utilities, may implement any or all of those elements of Condition III as are deemed necessary at any particular time. All elements of Condition II shall remain in effect in Condition III. 1. New service connections to the City's water system are prohibited where some other source independent of the City's water system is existing and in use at the time of passage of this ordinance. 2. A mandatory limit of normal water use by customers without use penalty, in amounts as determined by the City Council. 3. In connection with the enforcement of sub- section 2. the City Council shall establish a maximum limit beyond which water service will be terminated. 4. The use of water to serve a customer in a restaurant unless requested by the customer. is prohibited. -5- 5. The use of water for the expansion of commercial nursery facilities is prohibited. 6. The use of water for scenic and recreational ponds and lakes is prohibited. 7. The use of water for private, single-family residential swimming pools, wading pools, jacuzzi pools, hot tubs and like or similar uses is prohibited. 8. The use of water for municipally -owned swimming pools is prohibited. 9. The use of water for privately -owned neighborhood and subdivision swimming pools accessible to the public and swimming pools owned by country clubs, athletic clubs, health clubs, fraternal organizations and other like or similar pools is prohibited. 10. The use of water for hotel, motel, condominium, apartment and other multi- family, residential -user swimming pools, including commercial and business swimming pools is prohibited. 11. The use of water to put new agricultural land into production is prohibited. 12. The use of water for new planting or landscaping is prohibited. 13. When watering of plants is authorized by the City Manager, such watering shall be permitted only between the hours of 6:00 a.m. to 9:00 a.m. and between 6:00 p.m. to 9:00 p.m. on Mondays, Wednesdays, and Fridays." D. Condition IV - Water Shortage Emergency Upon implementation by the City Manager and publication of notice, the following restrictions shall apply to all persons. The City Manager, in the exercise of his discretion based upon guidelines established by the Director of Public Utilities, may implement any or all of those elements of Condition IV as are deemed necessary at any particular time. 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 -6- 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 after consultation with 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. 4. The City Council and City Manager shall take those actions deemed necessary to meet the conditions resulting from the emergency." "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 -7- 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 55-153. Violations, Penalty and Enforcement. A. Any person 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 or a second person in the same household or premises, 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, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident at the violator's residence. 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. C. A person in apparent control of the property where the violation occurs or originates shall be presumed to be the violator, and proof of facts showing apparent control by such person of the -8- premises and proof that the violation occurred on the premises shall constitute prima facie evidence that said person committed the violation, but said person shall have the right to show that he did not commit the violation. Any person whose name is on file with the Utilities Department 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. Parents shall be presumed to be responsible for violations of their minor children, and proof that a child committed a violation on property within the parent's control shall constitute prima facie evidence that said parent committed the violation, but said parent may be excused if he proves that he had previously directed the child not to use the water as it was used in the violation and that the parent could not have reasonably known of the violation." SECTION 2. 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 3. 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. SECTION 4. 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 ordinances or resolutions at three regular meetings so that this or finance is pas on first reading as an emergency measure, this 5,zt day of , 1984. ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS -9- APPROVED: DAY OF , 1984 J. BRUCE AYCOCK, CITY ATTORNEY By A _ant City Attornet -10- Corpus Christi, Te day of , 198.i 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 'MAYOR THE CITY iF CORPUS CHRISTI, TEXAS The'above ordinance was passed b the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 18383 STATE OF TEXAS, County of Nueces. }Ss. PUBLISHER'S AFFIDAVIT AD#38702 Before me, the undersigned, a Notary Public, this day personally came. GRACIE DE LUNA who being first duly sworn, according to law, says that he is the _...ADM_... AGST....SECEETARX of the Corpus Christi Caller and The Corpus Christi Tames, 1 Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 18383... of which the annexed is a true copy, was published in CALLER—TIMES PUBL. CO. on the 13th day of August .1984.,and once each..... aa.Y_._....._thereafter for. one consecutive dAY One Times. $ 23.10 GRACIE DE LUNA /L11,644... -- Adm. (SQL.Adm. Asst. Sec. 15th , T August ., 84 Subscribed and sworn to 1 . ' EOF OF ORDINANCE -NO. -183d AMENDING CHAPTER' 55 ARTIOt,E XI?, ENTITLED WA TER CONSERVATION SECTIONS 65-150:153 (IN- CLUSIVE), CORPUS CHRISTI CITY CODE, AS AMENDED, PROVIDING FOR PUBLICA- TION; AND DECLARING AN EMERGENCY. Was passed and approved by the Coy Council of the Coy of Corpus Christi, Texas on the 31st day of July, 1984 The fuN text of said ordinance available to the public in the Office of the City Secretary. -5.58 G. Read , City Secretary C