Loading...
HomeMy WebLinkAbout022556 ORD - 04/30/1996ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, ARTICLE XII, WATER CONSERVATION, SECTIONS 55-151, 55-153, AND 55-156, REGARDING MEASURES FOR WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council adopted Ordinance No. 19637 on February 17, 1987, adopting the Water Conservation and Drought Contingency Plan for Corpus Christi; and, WHEREAS, in order to achieve additional water savings during the early conditions of a water shortage situation, measures to reduce evaporative losses occurring during the watering of vegetation should be amended and implemented. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinance, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-151(3)(a), and Section 2.2.3 A., commencing on page 60, of the Water Conservation and Drought Contingency Plan, adopted by the Code of Ordinances, Section 55-156, are amended to read as follows: "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 through the news media announcements and utility bill inserts to voluntarily conserve and limit their use of water and shall comply with the following mandatory restrictions on the use of water for irrigation of vegetation. All municipal operations are placed on mandatory conservation. "Water for irrigation of vegetation may be used only on such day or days of each week, other than between the hours of 10:00 a.m. and 6:00 p.m. on premises the strcct numbcr of which is an even number, based on street numbers, as may be designated by the city manager. However, any person may raise as a defense to prosecution for violation of this section the fact that the use of water for the following purposes (if such defense has not been disallowed by motion of the City Council upon recommendation of the City Manager): "1. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment and maintenance of flower gardens, vegetable gardens, fruit gardens, trees, and shrubs, or plants in containers, and applied using: R63702a2.117 "(i) A hand held hose equipped with a positive shutoff nozzle. 3 3 U. ,iCDEBLME1 2 "(ii) A drip irrigation system equipped with an automatic shutoff device. "(iii) A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. "(iv) A root feeder equipped with an automatic shutoff device. "(v) A hand held bucket or watering can. "2. The water was used at any hour for irrigation, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: "(i) A hand held hose equipped with a positive shutoff nozzle. "(ii) A sprinkler system. `(iii) A drip irrigation system equipped with an automatic shutoff device. "(iv) A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. "(v) A root feeder equipped with an automatic shutoff device. "(vi) A hand held bucket or watering can. "3. The water was used, other than during the hours between 10:00 am. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns and plant materials within thirty (30) days of planting. Water used for this purpose may be applied by any means. "4. Wastewater treatment plant effluent, graywater, well water, or other water not obtained from the City water system was used. other than during the hours between 10:00 a.m. and 6:00 p.m. However, the use of well water that is not mixed with any water from the City's water supply may be used at any hour if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is from a permitted private well. "5. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for maintenance, of golf course greens and tee boxes. "6. The water was used at any hour for short periods of time for testing related to the installation maintenance, and repair of sprinkler systems. R63702a2.117 3 "7. The water was used for irrigation of vegetation on a large parcel of land or unique botanical institutions, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the .lan achieves similar water conservation oals to the mandator conservation measures applicable to other customers under this section. "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 street numbers ending in zero. No person or customer shall cause or permit water to run or waste in any gutter or otherwise." SECTION 2. That the first sentence of subsection (a) of Section 55-153 of the City Code of Ordinances, Violations, penalty and enforcement, be amended to read as follows: "(a) Any person violating any provision of this article shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine - . ... ., ::.:: as provided in Section 1-6 of this Code." SECTION 3. That subsection (b) of Section 55-153 of the City Code of Ordinances, Violations, penalty and enforcement, be amended to read as follows: "(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 article. 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 fivc (5) days no sooner than ten (10) days and no later than twenty one (21) 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 fourteen (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 fivc (5) days no sooner than ten (10) days and no later than twenty one (21) days of service of the citation, and failure to so appear shall be a violation of this article. A police officer may arrest for any offense under this article where permitted by state arrest law. Said cases shall be expedited and given preferential setting in municipal court before all other cases." SECTION 4. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 5. 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 R63702a2117 4 of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, 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 hereof be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R63702a2.117 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the 73 day ofd k , 19 q,,(0 , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols That the foregoing ordinance w read for the second time and passed finally on this the 349 day of /l ‘ , 19 A , by the following vote: Mary Rhodes al Betty Jean Longoria Dr. Jack BestJohn Longoria Betty Black 4 Edward A. Martin Melody Cooper Tony Heldenfels PASSED AND APPROVED, this the day of � 1 , 1996. Dr. David McNichols ATTEST: Armando Chapa, City Secretary APPROVED THIS J()e%DAY OF MAYOR THE CITY 0 ORPUS CHRISTI JAMES R. BRAY, JR., CITY ATTORNEY By: , 1996: Robert J. Reig, Assistant Cit 'Attorney 0, R63702a2.117 J6 City of ■I . Corpus Chnsti tossosse TO: Legal Department Memorandum Armando Chapa, City Secretary VIA: Jimmy Bray, City Attorney FROM: Jay Reining, Assistant City Attorney DATE: May 1, 1996 SUBJ: Preservation of documents relating to implementation of the Water Conservation and Drought Contingency Plan Sections 55-150(c) and 55-151(c) of the Code of Ordinances require the City Manager to take certain actions to implement various provisions of the Water Conservation and Drought Contingency Plan. The City Manager has taken action to implement Conditions I and II. The original documents implementing the provisions now in effect are attached to this memorandum. Please take the necessary steps to preserve these documents for future reference. Attachments: Guidelines for Implementation of Drought Contingency Conditions I & II dated April 30, 1996 Implementation of Condition I -- Water Shortage Possibility dated April 9, 1996 Implementation of Modified Vegetation Irrigation Restriction under Condition I -- Water Shortage Possibility dated April 30, 1996 Implementation of Condition II -- Water Shortage Watch dated April 30, 1996 R63702F 1.122/rjr/5.1.96 1 City of En Corpus Christi DROUGHT CONTINGENCY PLAN IMPLEMENTATION Subject: Implementation of Condition I -- Water Shortage Possibility Date: April 9, 1996 Approved: City IL_: ager Upon the recommendation of the Group Manager, Public Works/Utilities, effective immediately, Condition I -- Water Shortage Possibility is declared and the provisions of Section 2.2.3 A. of the City of Corpus Christi Water Conservation and Drought Contingency Plan and Section 55- 151(3)a. are in effect and shall be implemented by the City's staff. R63702C 1.121 /rjr/4.30.96 Jidi,`City of .En Corpus c — Chrlsti trosisse Subject: Date: Approved: DROUGHT CONTINGENCY PLAN IMPLEMENTATION Implementation of Modified Vegetation Irrigation Restriction under Condition I -- Water Shortage Possibility 130, 1'9 I1 l _ anali As a result of the am:. dments adopted by the City Council on April 30, 1996, and upon the recommendation of the Group Manager, Public Works/Utilities, effective immediately the revised provisions of Section 2.2.3 A. of the City of Corpus Christi Water Conservation and Drought Contingency Plan and Section 55-151(3)a. are in effect and shall remain in effect until further notice. The City's staff shall implement the provisions of this directive. The following restrictions on the use of water for the irrigation of vegetation, at all locations within the City of Corpus Christi, are in effect: If the street address ends with: Vegetation may be watered only on this day of the week: 0 or 1 Monday 2 or 3 Tuesday 4 or 5 Wednesday 6 or 7 Thursday 8 or 9 Friday The following defenses may be raised to prosecution for a violation of Section 55-151(3)(a) of the Code of Ordinances: 1. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment and maintenance of flower gardens, vegetable gardens, fruit gardens, trees, and shrubs, or plants in containers, and applied using: (i) A hand held hose equipped with a positive shutoff nozzle. (ii) A drip irrigation system equipped with an automatic shutoff device. R63702E 1.121/rjr/4.30.96 1 (iii) A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. (iv) A root feeder equipped with an automatic shutoff device. (v) A hand held bucket or watering can. 2. The water was used at any hour for irrigation, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: (i) A hand held hose equipped with a positive shutoff nozzle. (ii) A sprinkler system. (iii) A drip irrigation system equipped with an automatic shutoff device. (iv) A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. (v) A root feeder equipped with an automatic shutoff device. (vi) A hand held bucket or watering can. 3. The water was used, other than during the hours between 10:00 am. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns and plant materials within thirty (30) days of planting. Water used for this purpose may be applied by any means. 4. Wastewater treatment plant effluent, graywater, well water, or other water not obtained from the City water system was used, other than during the hours between 10:00 a.m. and 6:00 p.m. However, the use of well water that is not mixed with any water from the City's water supply may be used at any hour if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is from a permitted private well. 5. The water was used, other than during the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for maintenance, of golf course greens and tee boxes. 6. The water was used at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. 7. The water was used for irrigation of vegetation on a large parcel of land or unique botanical institutions, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by the Water Superintendent or Assistant Water Superintendent. Before approving any special watering plan, the official shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this section. R63702E 1.121/rjr/4.30.96 2 City of 111,1 Corpus Christi Oisesiegars DROUGHT CONTINGENCY PLAN IMPLEMENTATION Subject: Implementation of Condition II -- Water Shortage Watch Date: Approved: Upon the recommendation of the Group Manager, Public Works/Utilities, effective immediately Condition II -- Water Shortage Watch is declared and the following provisions of Section 2.2.3 13. of the City of Corpus Christi Water Conservation and Drought Contingency Plan and Section 55-151(3)b. of the Code of Ordinances are in effect and shall be implemented by the City's staff. All mandatory water conservation measures shall be enforced. • All measures implemented under Condition I -- Water Shortage Possibility, as amended by the City Council on April 30, 1996, remain in effect. • The restrictions on washing vehicles in Section 2.2.3 B.2. of the Plan and Section 55-151(3)b.2. of the Code of Ordinances are in effect until further notice. • The washing of the exterior of buildings, trailers, trailer house, or railroad car, by other than commercial operators, is prohibited under Section 2.2.3 B.3. of the Plan and Section 55-151(3)b.3. of the Code of Ordinances and such restrictions are in effect until further notice. The use of defective plumbing in any home, business establishment, or other location where water is used from a connection with the City of Corpus Christi's water system is prohibited under Section 2.2.3 B.4. of the Plan and Section 55-151(3)b.4. of the Code of Ordinances and such restrictions are in effect until further notice. The use of water in an ornamental fountain or waterfall is prohibited, unless the water is reused or recirculated, under Section 2.2.3 B.6. of the Plan and Section 55-I51(3)b.6. of the Code of Ordinances and such restrictions are in effect until further notice. The washing of sidewalks, driveways, tennis courts, or other hard -surfaced area or other structure is prohibited under Section 2.2.3 B.7. of the Plan and Section 55-151(3)b.7. of the Code of Ordinances and such restrictions are in effect until further notice. R63702 D 1.121 /rjr/4.30.96 City of Corpus Christi GUIDELINES FOR IMPLEMENTATION OF DROUGHT CONTINGENCY CONDITIONS I & II APRIL 30, 1996 The following guidelines are hereby established for the implementation of Drought Conditions I & II of the City of Corpus Christi's Water Conservation & Drought Contingency Plan adopted by Ordinance No. 19637 on February 17, 1987, as amended by City Council on April 9, 1996 and April 30, 1996: I. CONDITION I -- WATER SHORTAGE POSSIBILITY SECTION 2.2.3 A.: DESIGNATED WATERING DAYS: Watering of vegetation be permitted based on street address, as designated by the City Manager. The City Manager should designate once a week watering based on the following schedule: Address ends with: Watering Day 0 or 1 Monday 2 or 3 Tuesday 4 or 5 Wednesday 6 or 7 Thursday 8 or 9 Friday RESTRICTED HOURS: Except as indicated below, watering of vegetation be prohibited between 10 a.m. and 6 p.m. EXCEPTIONS: The City Manager should authorize the watering of vegetation, at the minimum rate necessary, as follows: (1) Watering of other vegetation (flower gardens, vegetable gardens, fruit gardens, trees and shrubs, or plants in containers -- except lawns) is permitted any day of the week, except between the hours of 10 a.m. and 6 p.m., through the means of a hand held hose equipped with a positive shutoff nozzle, a drip irrigation system equipped with an automatic shutoff device, a soaker hose which does not spray into the air and is equipped with an automatic shutoff device, a root feeder equipped with an automatic shutoff device, or a hand held bucket or watering can. (2) Watering of commercial nursery stock is permitted at any time by means of a hand held hose equipped with a positive shutoff nozzle, a sprinkler system, a drip irrigation system or soaker hose equipped with an automatic shutoff device, root feeder equipped with an automatic shutoff device, or a hand held bucket or watering can. GUIDELINES FOR IMPLEMENTATION OF DROUGHT CONTINGENCY CONDITIONS I & II APRIL 30, 1996 PAGE TWO I. CONDITION I -- WATER SHORTAGE POSSIBILITY (Continued): (3) (4) (5) (6) (7) Watering of newly planted lawns and plant materials is permitted, other than during the hours of 10 a.m. to 6 p.m., by any means within thirty days of planting. Watering using wastewater treatment plant effluent, graywater, well water, or other water not obtained from the City water system is permitted, other than during the hours of 10 a.m. to 6 p.m., by any means. However, the use of well water that is not mixed with any water from the City's water supply may be used at any hour if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is from a permitted private well. Watering of golf course greens and tee boxes is permitted, other than during the hours of 10 a.m. to 6 p.m. Use of sprinkler systems for short periods of time for testing for installation, maintenance and repair purposes is permitted any time. Watering of large tracts of land or on property associated with unique botanical institutions may be permitted according to schedules in conformance with a special watering plan approved for that specific parcel or institution, so long as the special watering plan achieves water use reductions similar to the goals of the mandatory water use reduction measures applicable to other customers in this section. II. CONDITION II -- WATER SHORTAGE WATCH Priority will be given to implementing elements of Condition II designed to achieve measurable reductions in water use while minimizing the impacts on employment in the region. The items to be implemented at any point in Condition II will be based on the outlook for an increase in water supply at that time. IMMEDIATE MEASURES: In order to immediately reduce water demand, the following elements of Condition II should be implemented as soon as Condition II is declared: (1) All Condition I measures continue in effect, including vegetation watering restrictions (Sect. 2.2.3 A.) (2) Wash vehicles only from a bucket, or at a commercial car wash (Sect. 2.2.3 B. 2.) (3) No washing of buildings, except by commercial operators (Sect. 2.2.3 B.3.) (4) Defective plumbing allowing waste of water must be repaired or shut off (Sect. 2.2.3 B.4.) (5) Shut off water in ornamental fountains (Sect. 2.2.3 B.6.) (6) No use of water to wash down sidewalks, driveways, parking lots, etc. (Sect. 2.2.3 B.7.) GUIDELINES FOR IMPLEMENTATION OF DROUGHT CONTINGENCY CONDITIONS I & II APRIL 30, 1996 PAGE THREE II. CONDITION II -- WATER SHORTAGE WATCH (Continued): WATER ALLOCATION AND REVIEW COMMITTEE: Within 2 months after implementing Condition II, depending on the reservoir storage conditions at the time, the City Council should appoint members of the Water Allocation and Review Committee (Sect. 2.2.3 B. 4.) SUBSEQUENT MEASURES: If reservoir storage conditions continue to decline, additional measures that may impact employment in the area would eventually need to be implemented. These measures might include: (7) (8) (9) (10) Changing frequency of designated vegetation watering days (Sect. 2.2.3 A., 2.2.3 B.1., and 2.2.3 B.9.). No washing of buildings, including commercial operators (Sect. 2.2.3 B.3.) No use of fire hydrants except for fire fighting (Sect. 2.2.3 B. 5.) No water for dust control (Sect. 2.2.3 B. 8.) III. IMPLEMENTATION SCHEDULE FOR CONDITIONS I & II 4-9-96 Implement Condition I -- Water Shortage Possibility • Mandatory water use reductions for City government operations • Departments required to reduce water use by 15% • Request voluntary water use reductions by general public • Urge voluntary reductions of 15% • Information and education activities on drought management measures: • Utility bill inserts, media coverage, & public service announcements • Water running in gutter or street deemed to be a waste and prohibited • Odd/even address lawn watering restrictions to be implemented • Once per week; no watering between 10 am and 6 pm* 5-1-96 Implement Condition II -- Water Shortage Watch • All Condition I measures continue in effect, however odd/even watering restrictions changed to more restrictive vegetation watering limitations on designated days, with specific exceptions allowed. • No use of water to wash down sidewalks, driveways, parking lots, etc. • Shut off water in ornamental fountains • No washing of buildings, except by commercial operators • Wash vehicles only from a bucket, or at a commercial car wash • Defective plumbing allowing waste of water must be repaired or shut off GUIDELINES FOR IMPLEMENTATION OF DROUGHT CONTINGENCY CONDITIONS I & II APRIL 30, 1996 PAGE FOUR III. IMPLEMENTATION SCHEDULE FOR CONDITIONS I & II, Continued: 7-1-96 • City Council appoints Water Allocation and Review Committee To be determined • Additional vegetation watering restrictions • No washing of buildings, including commercial operators • No use of fire hydrants except for fire fighting • No water for dust control PUBLISHED THIS DATE BY: APRIL 30, 1996 _to./ / Carl Crull, P.E. Group Manager for Public Works and Public Utilities PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 598484 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022556 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 6TH day(s) of MAY. 1996. ONE (1) Time(s) $ 31.45 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 13TH day of MAY. 1996. tea—LAAJ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.