Loading...
HomeMy WebLinkAbout18401 ORD - 08/07/1984AN ORDINANCE AMENDING CHAPTER 55, ARTICLE XII, ENTITLED WATER CONSERVATION, CORPUS CHRISTI CITY CODE, AS AMENDED, TO ADD A NEW SECTION ENTITLED SURCHARGES AND TERMINATION OF SERVICE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Article XII of Chapter 55 of the City Code is hereby amended by adding a new Section 55-154, as follows: Sec. 55-154. Surcharges and termination of service. A. This ordinance is passed to implement and enforce the mandatory limits on water usage called for in Condition III of the City's emergency water conservation ordinance (Sec. 55-151, City Code). The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the general and economic health and welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. This ordinance, and the surcharges and measures adopted herein are purely an exercise of the City's regulatory and police power, and the surcharges and connection fees herein are in no way to be considered rates for production of revenue. All monies collected from surcharges shall be placed in a special fund to be used for research and development of alternative or expanded water sources for the City of Corpus Christi and its`water customers. B. Residential water customers shall pay the following surcharges: 1. $3.00 for the first 1,000 gallons over allocation. 2. $5.00 for the second 1,000 gallons allocation. 3. $10.00 for the third 1,000 gallons over allocation. 18401 MICROFILMED SEA 2 81984 4. $25.00 for each additional 1,000 gallons over allocation. Allocations to residential customers shall be as follows: Persons Per Household Gallons Per Month 1 or 2 3 or 4 5 or 6 7 or 8 9 or 10 11 or more 6,000 7,000 8,000 9,000 10,000 12,000 The surcharges shall be cumulative. "Household" means the residential premises served by the customer's meter. "Persons per household" includes only those persons currently physically residing at the premises and expected to reside there for the entire billing period. It shall be assumed that a particular customer's household is comprised of 2 persons unless the customer notifies the City of a greater number, on a form prescribed by the City Manager, by September 7, 1984. The City Manager shall give his best effort to see that such forms are mailed to every residential customer. If, however, a customer does not receive such a form by August 31, 1984, it shall be the customer's responsibility to go to the City Public Utility Office and sign the form if the customer desires to claim more than 2 persons. New customers may claim more persons at the time of applying for their water service on the form prescribed by the City Manager. When the number of persons in a household increases so as to place the customer in a different category, the customer may notify the City of the change on such form, and the change will be implemented in the next practicable billing period. If the number of persons in a household is reduced, the customer shall notify the City in writing within two days. In prescribing the method for claiming more than 2 persons, the City Manager shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of persons in a household or fails to timely 2 notify the City of a reduction in the number of persons in a household shall be fined not less than $200. C. A customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (for example, apartments, mobile homes) shall be allocated 6,000 gallons for each dwelling unit. It shall be assumed that such a customer's meter serves two dwelling units unless the customer notifies the City of a greater number, on a form prescribed by the City Manager, by September 7, 1984. The City Manager shall give his best effort to see that such forms are mailed to every such customer. If, however, such customer does not receive such a form by August 31, 1984, it shall be the customer's responsibility to go to the City Public Utility Office and sign the form if the customer desires to claim more than two dwellings. A dwelling unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwelling units at the time of applying for their water service on the form prescribed by the City Manager. If the number of dwelling units served by a master meter is reduced, the customer shall notify the City in writing within two days. In prescribing the method for claiming more than two dwelling units, the City Manager shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units on a meter or fails to notify the City of a reduction in the number of dwelling units on a meter shall be fined not less than $200. "Person" includes individuals, partnerships, associations, corporations, and all other legal entities. Customers billed from a master meter under this provision shall pay the following monthly surcharges: 1. $3.00 for each 1,000 gallons over allocation up through 1,000 gallons for each dwelling unit. 2. $5.00, thereafter, for each additional 1,000 gallons over allocation up through a second 1,000 gallons for each dwelling unit. 3. $10.00, thereafter, for each additional 1,000 gallons over allocation up through a third 1,000 gallons for each dwelling unit. 4. $25.00, thereafter, for each additional 1,000 gallons over allocation. 3 Examples of applications of the surcharge formula are as follows: Apartment complex contains 100 units. Allocation is 600,000 gallons (hypothetically): A. Usage is 610,000 gallons. Surcharge is $30.00, computed as follows: 10 thousands of gallons at $3.00 each. B. Usage is 710,000 gallons. Surcharge is $350, computed as follows: 100 thousands of gallons at $3.00 each plus 10 thousands of gallons at $5.00 each. C. Usage is 910,000 gallons. Surcharge is $2,050, computed as follows: 100 thousands of gallons at $3.00 each plus 100 thousands of gallons at $5.00 each plus 100 thousands of gallons at $10.00 each plus 10 thousands of gallons at $25.00 each. D. A monthly water usage allocation shall be established by the City Manager or his designee for each non-residential water customer. Such allocation shall be approximately 75 percent of the customer's usage for the corresponding month's billing period for the 12 months ending in July, 1984. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. Provided, however, a customer, 75 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. The City Manager shall give his best effort to see that notice of each non-residential customer's allocation is mailed to such customer. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Public Utilities Department to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased 1) if the designated period does not accurately reflect the customer's normal water usage, 2) if one non-residential customer agrees to transfer part of its 4 allocation to another non-residential customer, or 3) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the Water Allocation and Review Committee on grounds of unnecessary hardship. E. Non-residential customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $3.00 per 1,000 gallons for the first 2,000 gallons over allocation. b. $5.00 per 1,000 gallons for the second 2,000 gallons over allocation. c. $10.00 per 1,000 gallons for the third 2,000 gallons over allocation. d. $25.00 per 1,000 gallons for all amounts over 6,000 gallons over allocation. The surcharges shall be cumulative. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. The surcharges shall be cumulative. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. 5 F. When a non-residential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this ordinance to the tenants or occupants, provided that: 1. The customer notifies each tenant in writing: a. That the surcharge will be passed along. b. How the surcharge will be apportioned. c. That the landlord must be notified immediately of any plumbing leaks. d. Of methods to conserve water (which shall be obtained from the City). 2. The customer diligently maintains the plumbing system to prevent leaks. 3. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. The surcharge shall be passed along, where permissible, to dwelling units in proportion to the rent or price charged for each dwelling unit. G. Water service to the customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times (which need not be consecutive months). 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallon's times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly non-residential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 6 4. Monthly non-residential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). For residential customers and non-residential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Condition III. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. For non-residential customers whose allocation is 21,000 gallons per month or more, after the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: x _ $50 x Customer's Allocation, gallons 20,000 gallons After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times X. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Condition III. The City Manager is directed to institute written guidelines for disconnection of water service under this provision which will satisfy minimum due process requirements, if any. H. It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break). The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). A sworn statement may be required of the customer. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. 7 I. When this ordinance refers to allocation or water usage periods as "month", "monthly", "billing period", and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. The goal for the length of such period is 30 days, but a variance of 2 days, more or less, will necessarily exist as to particular meters. If a meter reader is prevented from timely reading a meter by a dog or any other obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. J. The limits, charges, and other requirements of this ordinance shall be in effect for water used on or after August 25, 1984, as reflected on water bills showing a "service from" date of August 25, 1984, or thereafter. 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 ordinance is passed upon first reading as an emergency measure, this the 7th day of August, 1984. ATTEST: APPROVED: % DAY OF AUGUST, 1984 J. BRUCE AYCOCK,CITY ATTORNEY By Asi(stant City Att MAYOR THE CI OF CORPUS CHRISTI, TEXAS 8 Corpus Christi, Texa 7 day of , 198 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed by thollowing vote: Luther Jones / / Betty N. Turner 11,I David Berlanga, Sr. t. !IC _ Welder Brown _; / Leo Guerrero / Dr. Charles W. Kennedy / Joe McComb / / Frank Mendez / Mary Pat Slavik d 15401 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: County of Nueces. 1 AD#38660 rz/o/ 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. ASST. SECRETARY of the Corpus Christi Caller end The Corpus Chill' ti Times, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE AjO, j,$4 ,..,._.__....__ �....� of which the annexed is a true copy, was published in CALLER–TIMES PUBL. CO. on the 13thday of _August —.__.1984., and once each da '_._.......thereafter for one consecutive day Dne....__...._...Timm es. 34.10 : GRACIE DE LUNA >b..W.Adm. Asst. Sec. Subscribed and sworn to before me this_...15th .__.day of _August. 19.._.84 gotary Nueces Co Texas EDNA KOSTER - 11/30/84 f ORDINANCE. NO. 18401: ABENDING CHAPTER,,55, ARTICLE XII, ENTITLED WA- TER CONSERVATION, CORPUS CHRISTI CITY CODE. AS AMENDED, TO ADD A NEW SECTION ENTITLED SURCHARGES AND TERMI- NATION OF SERVICE; PROVIDING FOR PUBLICA- TION, AND PROVIDING FOR i AN EFFECTIVE DATE FOR WATER USED ON OR AFTER AUGUST 25, 1984, AS RE- FLECTED ON WATER BILLS SHOWING A 'SERVICE FROM' DATE OF AUGUST 25, 1984, OR THEREAFTER; AND DECLARING AN EMER- GENCY. f Was passed and approved by the City Council of the City of Corpus Christi, Texas on the 7th day of August, 1984. I The full text of said ordinance 1 is available to x: in the Office of the Cly Secretary. -s-80 G. Read Cay Secretary _ _ • s Christ/ - a• --------�•:.theonsSAGEpubl