HomeMy WebLinkAbout022680 ORD - 09/10/1996ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES,
ARTICLE XII, WATER CONSERVATION, SECTIONS 55-151, 55-152, 55-
153, 55-154, 55-155, AND 55-156, WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN REGARDING THE TERMS OF
CONDITIONS II AND III; PROVIDING FOR SEVERANCE; PROVIDING
FOR PENALTIES; AND PROVIDING FOR PUBLICATION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Section 2.1 of the Water Conservation and Drought Contingency
Plan, which was adopted by Code of Ordinances, Chapter 55, Utilities, Article XII, Water
Conservation, Section 55-156, is amended by revising the fifth sentence on page 57, after the
phrase "Condition III - Water Shortage Warning" to read:
"Combined wat,istored in the testi rens is less that, 100,000 fcct Unless the total storage
capacity in the reservoirs equals or exceeds 30%. the Ci y Manager shall direct implementation
of conservation measures in order to protect reservoir storage levels on November 1 1996."
SECTION 2. That Section 2.2.3 C of the Water Conservation and Drought Contingency
Plan, as adopted by the Code of Ordinances, Section 55-156, is amended to read as follows:
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.
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 this element of Condition III is
implemented.
A mandatory limit of normal water use by customers without use penalty,
in amounts as determined by the City Manager in accordance with
guidelines established by the City Council.
In connection with the enforcement of subsection 2, the City Council shall
establish a maximum limit beyond which water service will be terminated.
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022680
;IC;ROFILMEr
The use of water to serve a customer in a restaurant, unless requested by
the customer, is prohibited.
prerhibited.
"6: The use of potable water (water obtained from the Ci y's water utility) for
scenic and recreational ponds and lakes is prohibited.
2
The use of nfaten fen private, single-family residential swimming pools,
1:..g l Bela, Jaeaai pool., hot tubs -and likc er sin..ilaruses is prohibit d.
likc en sila:lal pools is prohibited.
"10. Th., us., of wat, for fel hot.,), motel, ea..doininit n.., .gr.at...eut and etl. a
multi fluidly, .es1d,..t.ul--uhtrswin....ln8 pan's, 1neltd.ng1.om..aercial and
:i - • •
"11. ¢ The use of potable water to put new agricultural land into production is
prohibited.
"12. The -us., of watei fe...ew planting oi landscaping is prohibited."
SECTION 3. That Section 2.2.6 of the Water Conservation and Drought Contingency
Plan, as adopted by the Code of Ordinances, Section 55-156, are amended to read as follows:
2.2.6 ,Surcharges and Termination of Service
A. This section is provided to implement and enforce the mandatory limits on water
usage called for in Condition III and IV of th., City's easerg.,..cy wate.
plat, (Se... 55 151, City Cod.,) this drought contingency plan. 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 public and economic health and general welfare of
this community, and that the surcharges and other measures adopted herein are
essential to protect said public health and welfare. This section, 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
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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 $5.00 for the first 1,000 gallons over allocation.
2. $5:00 $8,00 for the second 1,000 gallons over allocation.
3. '$10.00 $16.00 for the third 1,000 gallons over allocation.
4. $22 .00 $40.00 for each additional 1,000 gallons over allocation.
The surcharges shall be cumulative.
A11ocat:.,... When the combined reservoir capacity is less than 20% of total
capacity, the allocation to residential customers shall be as follows:
Persons Per Household Gallons Per Month
• 1 or 2 6,000
3 or 4 7,000
5 or 6 8,000
7 or 8 9,000
9 or 10 10,000
11 or more 12,000
The surchargcs shall be cumulativc.
"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 two (2) persons
unless the customer notifies the City of a greater number, on a form prescribed by
the City Manager. 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, 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
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two (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 two
(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 notify the
City of a reduction in the number of persons in a household shall be fined not less
than $200.
C. When the combined reservoir capacity is less than 20% of total capacity a 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. 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, 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:
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1. $3709 $5.00 for each 1,000 gallons over allocation up through 1,000
gallons for each dwelling unit.
2. $509 $8.00, thereafter, for each additional 1,000 gallons over allocation
up through a second 1,000 gallons for each dwelling unit.
3. $0.00 $16.00, thereafter, for each additional 1,000 gallons over allocation
up through a third 1,000 gallons for each dwelling unit.
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4. $25.00 $40.00, thereafter, for each additional 1,000 gallons over
allocation.
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 $30.06 $50.00, computed
as follows: 10 thousands of gallons at $370015.21Q each.
b. Usage is 710,000 gallons. Surcharge is $330 $580, computed as
follows: 100 thousands of gallons at $3.00 $5.00 each plus 10
thousands of gallons at $5.00 $8.00 each.
c. Usage is 910,000 gallons. Surcharge is $2•,050 $3.300, computed
as follows: 100 thousands of gallons at $3.00 $5.00 each, plus 100
thousands of gallons at $5.00 $8.00 each, plus 100 thousands of
gallons at $10.06 $16.00 each, plus 10 thousands of gallons at
$25.(40 $40.00 each.
D. A monthly water usage allocation shall be established by the City Manager or his
designee for each nonresidential water commercial customer other than an
industrial customer who uses water for processing. Stteh When the combined
reservoir capacity is less than 20% of total capacity. the nonresidential
commercial customer's allocation shall be approximately 75 percent of the
customer' s usage for the corresponding month's billing period for the previous 12
months. 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
nonresidential commercial 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
nonresidential customer agrees to transfer part of its allocation to another
nonresidential 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.
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E. A monthly water usage allocation shall be established by the City Manager or his
designee for each an industrial customer. which uses water for processing (e g. an
industrial customer). When the combined reservoir capacity is less than 20% of
total capacity the industrial customer allocation shall be 90 percent of the
customer' s water usage baseline. Three months after the initial imposition of the
allocation for industrial customers the industrial customer's allocation shall be
further reduced to 85% of the customer's water usage baseline. The customer's
water usage baseline will be computed on the average water usage for the thirty
Six month period ending prior to the date of implementation of Condition II. If
the customer's billing history is shorter than 36 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. The City Manager shall give his best effort to see that
notice of each industrial 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. if:
The designated period does not accurately reflect the customer's normal
water usage because customer had shutdown a major processing unit for
overhaul during the period
(2) The customer has added or is in the process of adding significant
additional.processing capacity. Only additional capacity that was under
contract and publicly announced prior to the implementation of Condition
II should be considered.
(3) The customer has shutdown or significantly reduced the production of a
major processing unit.
.(l The customer has previously implemented significant permanent water
conservation measures.
(5) The customer agrees to transfer part of its allocation to another industrial
customer.
(¢) Other objective evidence demonstrates that the designated allocation is
inaccurate under present conditigrts.
A customer may appeal an allocation established under this provision to the Water
Allocation and Review Committee on grounds of unnecessary hardship.
F. Nonresidential commercial and industrial customers shall pay the following
surcharges:
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1. Customers whose allocation is 6,000 gallons through 20,000 gallons per
month:
a. $3.00 $5.00 per 1,000 gallons for the first 1,000 gallons over
allocation.
b.
$37€10 $8.00 per 1,000 gallons for the second 1,000 gallons over
allocation.
c. $1-0,09 $16.00 per 1,000 gallons for the third 1,000 gallons over
allocation.
d. $25.00 $40.00
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for each additional 1.000 g lions 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.
C: a When a nonresidential 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
plan to the tenants or occupants, provided that:
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1. The customer notifies each tenant in writing:
a. That the surcharge will be passed along.
b. How the surcharge will be apportioned.
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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.
& H. Water service to the customer may be terminated under the following conditions:
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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
gallons times the number of dwelling units or more two or more times
(which need not be consecutive months).
3. Monthly nonresidential 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).
4. Monthly nonresidential 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 nonresidential 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 nonresidential
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:
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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.
Iq L 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.
L When this section 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
two 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.
SECTION 4. That Sections 55-151, 55-152, 55-153, 55-154, and 55-155 are repealed.
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 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. 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.
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SECTION 7. 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.
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That the foregoing ordinance was read for the first time and passed to its second reading on this
the 72 Day of , 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 /0
Day of 6 ni Lou , 1996 by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the 10 Day of C f0 , 1996.
ATTEST:
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
',49/
Armando Chapa, City S dretary
APPROVED: NIX _ DAY OF .
James R. Bray, Jr., City Attorney
By: ,7°
R. Ja
As
R63706A8.255
stant
ng
ity Attorney
Mayor
The City of Corpus Christi
, 1996:
022680
PUBLISHER'S
State of Texas, ) CITY OF CORPUS CHRISTI
County of Nueces, ) ss: AD# Th53732
PO#
5a NOV
OV 13
AFFIDAVIT
kl
n. 09
Before me, the undersigned, a Notary Public, this day personally came _seyarly
B _ett , who being first duly sworn, according to law, says that she is Business
Office Secretary of the asst. i ti caller Times , a daily newspaper
published at _csaruu& cistLi 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 W9bb Counties, and that the
publication of JVoUcesf Passage Of Ordinance Noy OfQS Amending the
£gf Ordinances,_Chapter 55Lutilities, Artiole_which the annexed is a true copy, was
published in the c-napus_auusuaTimEs on the 16th of September,
1996.
Time (s)
$_ 37 00
1
Business Office Secretary
Subscribed and sworn to before me the 12th day
of November, 1996.
Notary Public, Nueces 'County, Texas
pr o
`r
EDNA KOSTER
Notary Public
State of Texas
My Comm. Exp. 11-30.96