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HomeMy WebLinkAbout022660 ORD - 08/27/1996AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, ARTICLE XII, WATER CONSERVATION, SECTIONS 55- 151 AND 55-156 AND THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN REGARDING WATER CONSERVATION MEASURES UNDER CONDITION II; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Section 55-151(3)b., and Section 2.2.3 B of the Water Conservation and Drought Contingency Plan, adopted by the Code of Ordinances, Section 55-156, are amended so that they read as follows: Condition 11 --Water shortage watch. Upon implementation by the city manager, and publication of notice, the following restrictions shall apply to all persons and the withdrawal of water from the system (potable water) 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. The sprinkling or watering of lawns vegetation is prohibited; provided, however, the city manager may authorize watering of vegetation as follows: "0) The watering of trees; shrubbery; annual, biennial or perennial plants; vines; gardens; vegetables; and flowers with potable water may be permitted, at the minimum rate necessary for the maintenance of plants through the means of a hand-held hose equipped with a positive shutoff nozzle, a drip irrigation system, a root feeder equipped with an automatic shutoff device. a soaker hose, which does not spray water into the air and is equipped with an automatic shutoff device a hand-held bucket or watering can, or a sprinkler system, which is either attended throughout its use or is equipped with an automatic shutoff. When authorized, such watering shall be done only on even number days for premises with an even number street address. and on odd number days for premises with an odd number street address or without a numbered address. Tuesday, Thu.sday, Satu.day aadiei Sunday. When such watering is authorized during the Daylight Savings Time period of R6370716.240 022660 maQBLMEL 2 the year it shall be permitted only between the hours of 6:00 a.m. and 9:00 a.m. and between the hours of 6:00 p.m. and 9:00 p.m. "(ii) The watering of lawns with potable water may be permitted once every tcn (10) days other week on the watering days designated by the Ci Manager. based on the street number except between the hours of 10:00 a.m. and 6:00 p.m. through the means of a hand- held hose equipped with a positive shutoff nozzle, a drip irrigation system, a handheld bucket or watering can, or a sprinkler system, which is either attended throughout its use or is equipped with an automatic shutoff. 2nd, 12th and 22.1d of cach .neidh). No saLli-w tt.raag is p.,aaaarttcd "(iii) Commercial nurseries shall be excepted from the prohibition of this subparagraph and shall be permitted to water nursery stock with potable water. at the minimum rate necessary to establish and maintain commercial nursery stock by means of a hand-held hose equipped with a positive shutoff nozzle, a drip irrigation system, a root feeder equipped with an automatic shutoff device. a soaker hose. which does not spray water into the air and is equipped with an automatic shutoff device a handheld bucket or watering can or a sprinkler system, which is attended throughout its use, is equipped with an automatic shutoff or recaptures and recirculates irrigation water. "(iv) The watering of new lawns and plant materials with potable water at the minimum rate necessary for the establishment of the newly planted vegetation. may be permitted within 30 days of planting at any time other than between the hours of 10:00 a.m. and 6:00 p.m. by any means. However. only the newly planted areas may be watered at times not authorized under subdivisions (i) and (ii) of this subsection. The allowing of water to run off yards or plants into gutters or streets shall be deemed a waste of water and is prohibited. R63707J6.240 3 The washing with potable water of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment is prohibited except that individuals and filling stations may wash their p.ivat„ cars or boats if they use a bucket, pail, or e.,,...."1 aia d ret,uptacics; a. d-fewih, r p.elfidc, that other receptacles not larger than of five -gallon capacity; however, an individual or filling station, before or after such washing, shall be permitted to rinse the car or boat off with a hose, using only a reasonable amount of water in so doing. Commercial or automatic car wash establishment shall use minimum practical water settings. The washing of building exteriors and interiors, trailers, trailer houses and railroad cars with potable water is prohibited, except by a professional power washing contractor or that in the interest of public health the director of public health may permit limited use of the water as the case may be including allowing the use of water for the removal of graffiti. 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. The use of fire hydrants for any purpose other than firefighting is prohibited; except that the city manager may permit the use of metered fire hydrant water by the city or by commercial operators using jet rodding equipment to clear and clean sanitary and storm sewers. "6. The use of potable water in ornamental fountains or in artificial waterfalls is prohibited where the water is not reused or recirculated in any manner. The use of potable water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard -surfaced area, or building or structure, except by a professional power washing contractor is prohibited. The use of potable water for dust control is prohibited. The use of potable water by a golf course to irrigate any portion of its grounds is prohibited except those areas designated as tees and greens R6370716.240 4 may be watered a.1d ehly between the hours of 6:00 a.m. and 10:00 a.m. on the designated watcring day3 Mondays. Wednesdays. Fridays. and Sundays. "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." 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 judgement of a court 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 3. 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 4. 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. R63707J6.240 That the foregoing ordinance was read for the first time and passed to its second reading on this the aji day of August, 1996, 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 was read for the second time and passed finally on this the 4N day of August, 1996, 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 PASSED AND APPROVED, this the ATTEST: day of August, 1996. Armando Chapa, City Secretary Mayor The City of Corpus isti APPROVED: This T(' 2 CI' day of August, 1996: James R. Bray, Jr., City Attomey By: R. Jay et�ng Ass ant City Attorney R6370776.240 022660 5 City of DROUGHT CONTINGENCY PLAN Corpus = Christi IMPLEMENTATION Subject: Further Implementation of Restrictions on Use of Water Under Condition II — Water Shortage Watch Date: August 28, 1996 Approved: Acting City Manager On April 30, 1996, Condition II — Water Shortage Watch was declared and some of the provisions of the City of Corpus Christi Water Conservation and Drought Contingency Plan were implemented. Upon the recommendation of the Group Manager, Public Works/Utilities, effective on September 16, 1996, the provisions of Condition II, as described below, are implemented The following measures implemented under Condition I — Water Shortage Possibility on April 30, 1996, remain in effect: R63707C7241 Wastewater treatment plant effluent, graywater, well water, or other water not obtained from the City water system may be used for the irrigation of vegetation. Well water and effluent, which is not mixed with any water from the City's water supply, may be used at any hour if a permit is obtained from an employee designated by the City Manager and a sign is posted stating that the water used for irrigation is either effluent or from a permitted private well. Graywater may be used at any hour without posting a sign. Potable water may be used at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. Potable water may be 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. 1 • The following measures implemented under Condition II Water Shortage Watch 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. Individuals and filling stations may wash private cars or boats with potable water, if they use a bucket, pail, or other receptacles not larger than of five -gallon capacity, and may rinse the car or boat off with a hose, before and after washing using only a reasonable amount of water. Commercial or automatic car wash establishment shall use minimum practical water settings. 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 potable 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 55-151(3)b.6. of the Code of Ordinances and such restrictions are in effect until further notice. • The following measures implemented under Condition II — Water Shortage Watch on April 30, 1996, are modified and remain in effect, as modified by this action: The use of potable water from the City's water system for the washing of the exterior of buildings, trailers, trailer house, or railroad car by anyone other than a commercial operator power wash contractor, except for the removal of graffiti or as permitted by the director of public health 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 washing of sidewalks, driveways, tennis courts, or other hard -surfaced area or other structure with potable water by anyone other than a commercial power wash contractor 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. • The following additional measures under Condition II Water Shortage Watch go into effect on September 16, 1996: Except as provided below, the sprinkling or watering of lawns and other vegetation with potable water is prohibited under Section 2.2.3 B.1. of the Plan and Section 55-151(3)b.1. of the Code of Ordinances and such restrictions are in effect until further notice. R63707C7.241 2 • • The use of potable water from the City's water system for watering of trees; shrubbery; annual, biennial or perennial plants; vines; gardens; vegetables; and flowers is permitted, at the minimum rated necessary for the maintenance of plants, through the means of a hand-held hose equipped with a positive shutoff nozzle, a drip irrigation system, a root feeder equipped with an automatic shutoff device, a soaker hose, which does not spray water into the air and is equipped with an automatic shutoff device, a hand-held bucket or watering can, or a sprinkler system, which is either attended throughout its use or is equipped with an automatic shutoff. Such watering is authorized only on even number days for premises with an even number street address, and on odd number days for premises with an odd number street address or without a numbered address. During the Daylight Savings Time period of the year, the watering is permitted only between the hours of 6:00 a.m. and 9:00 a.m. and between the hours of 6:00 p.m. and 9:00 p.m. The watering of lawns with potable water from the City's water system is permitted once every other week on the watering day designated in the following two week schedule, except between the hours of 10:00 a.m. and 6:00 p.m., by means of a hand-held hose equipped with a positive shutoff nozzle, a drip irrigation system, a hand held bucket or watering can, or a sprinkler system, which is either attended throughout its use or is equipped with an automatic shutoff: Last Number of Street Address Watering Day Week of Cycle 0 Monday First Week 1 Monday Second Week 2 Tuesday First Week 3 Tuesday Second Week 4 Wednesday First Week 5 Wednesday Second Week 6 Thursday First Week 7 Thursday Second Week 8 Fridays First Week 9 Fridays Second Week R63707C7241 3 • • Commercial nurseries may water nursery stock with potable water, at the minimum rate necessary to establish and maintain commercial nursery stock, by means of a hand-held hose equipped with a positive shutoff nozzle, a drip irrigation system, a root feeder equipped with an automatic shutoff device, a soaker hose, which does not spray water into the air and is equipped with an automatic shutoff device, a hand held bucket or watering can or a sprinkler system, which is attended throughout its use, is equipped with an automatic shutoff or recaptures and recirculates irrigation water. The watering of new lawns and plant materials with potable water, at the minimum rate necessary for the establishment of the newly planted vegetation, is permitted within 30 days of planting, at any time other than between the hours of 10:00 a.m. and 6:00 p.m., by any means. However, only the newly planted areas may be watered at times not authorized under subdivisions (i) and (ii) of this subsection. • The allowing of water to run off yards or plants into gutters or streets shall be deemed a waste of water and is prohibited. The use of fire hydrants for any purpose other than firefighting 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; except that the use of metered fire hydrant water by the City or a commercial operator using jet rodding equipment to clear and clean sanitary and storm sewers. The use of potable water from the City's water system for dust control is prohibited under Section 2.2.3 B.8 and Section 55-151(3)b.8 of the Code of Ordinances and such restrictions are in effect until further notice. The use of potable water from the City's water system by a golf course to irrigate any portion of its grounds, except those areas designated as tees and greens, is prohibited under Section 2.2.3 B.9 and Section 55-151(3)b.9 of the Code of Ordinances. Tees and greens may be watered between the hours of 6:00 a.m. and 10:00 a.m., on Mondays, Wednesdays, Fridays, and Sundays. This restriction remains in effect until further notice. The restrictions imposed by this implementation order do not apply to the reasonable use of potable water from the City's water system (e.g. for dust control and from fire hydrants) in order to complete a contract entered into prior to the date of this implementation order, which were bid and entered into based on the assumption that potable water from the City's water supply system was necessary and would be available to perform the contracted services. R63707C7241 4 State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad #: 829451 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. 022660 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, ARTICLE XII, which the annexed is a true copy, was published in the Corpus Christi Caller -Times on SEPTEMBER 2, 1996. 1 Time(s) $37.00 oil I Itilt ���E.HARi -• O1�.Af Pw •• tp • Z E • Oros' s Vice -President and Chief Financial Officer Subscribed and sworn to before me on SEPTEMBER 12, 1996. tt tit ti Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. Corpus Christi Caller -Times Monday, September 9, 1916/07 1110 ,"NONCE CONS(° DEf'7 ZONING APPLICATION(S) OF THE CITY OF CORPUS CHRISTI - Notice is hereby given In ac- cordance with the law that to City Council of the City of Cor- pus Christi will conduct • public hearing on Tuesday, September 24, 1996, during a Regular Council Maetl116 winch commences at 290. p.m, in the City Council Cham- bers, City Hall, 1201 Leopard, zon- Ing consider ation(s) of which said ae�pdpIiocations are on file in the dNlce. of the city Secretary and the Department of Plan- ning. At said time and place of hearing, all persons and par- ties interested may appear before the City, Council. The considered the heart g are uRowe: 1. 06.1 SSP Partnere: '61' Neighborhood Business Dis- trict irtrict to '3-4' General Business District Located on the soulh- Jfludlwey 37 andt corner iN aces Baaayy R'~Farrm-RRura Dietdct.tO f " Residential Estate District Lo- YYor�ktown Boulen the vard, betweeouth side n Flour Bluff Drive and Waldron Road. 3. 896-4 Ann Jaime Swan: 'A- 2' Apartment House District and 'B-5' Primary Business District to "AB' Professional I Oboe District Located on the nottheast comer of and um Alameda Elizabeth South Streets. i 4. 896-5 Maria Tones Dunne: 'R -1W One -Family Dwelling District to 'AB' Profession& Ofioe District Located on the note side of Cain Drive, so - proximately 232 feet east of I' Everhart Road. 5. 896-6 L.D. Coffey: 'R -1B' One -Family Dwelling District toll -4' General Business Dis- trict Located on the east side of Rhodes Court, approxi- mately 150 feet south of Leopard Street. 6. 896-7 Island Marine Ser- vices: 1B -2A" Barrier Islarid Business District to 'I.2' Light Industrial District Located on the east side of South Padre Island Drive (Pads Road 22), approximately 320 feet north of Jackfish Avenue. Information may be obtained by calling the Planning Depart- men9 W 590-3580, or vlsidng st IW Papa I 1201 L•appad City of Corpus e PUBLISHER'S State of Texas, ) CITY OF CORPUS CHRISTI County of Nueces, ) ss: AD# TH29451 PO# q' VI l AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came . Revvrly ine..tt , who being first duly sworn, according to law, says that she is Business Office Secretary of the carpus thrristi Caller Times , a daily newspaper published at _1ys_1si_i 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. 022660 Amending the Code of Ordinancest Cia of CC which the annexed is a true copy, was published in the CORPUS CHRISTI CALLER TIMES on the 2nd of September, 1996. 1 Time (s) 37.00 Business Office Secretary.��- Subscribed and sworn to before me the 12th day of November, 1996. r Notary Public, Nue County, Texas EDNA KOSTER Notary Public State of rexaa My Comm. Exp. 11.30.68 C141wGorpus Christi Callgr-TirneVMondep, Eimp4OMber 21890 771ONoticea NOTICE OF PASSAGE OF ORDINANCE NO. 022660 Amending the Code of Ordi- nances, City of Corpus Christi, Chapter 55, Article XII, Water Conservation, Sections 55- 151 and 55-156, and the Water Conservation and Droguugtht Contingency Plan re - mater conservation measures udder Condition II; providing far prWYs, sever -.'4 anon. and puMMcalbn. This -�����������YYYYYY a Cary,