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HomeMy WebLinkAbout022699 ORD - 09/24/1996ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, ARTICLE XII, WATER CONSERVATION, SECTION 55-156, WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN REGARDING CONDITION III, TO COMPLY WITH PROVISIONS IN THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION'S AGREED ORDER ON FRESHWATER INFLOWS TO THE NUECES ESTUARY ALLOWING FOR THE SUSPENSION OF REMAINING INFLOW REQUIREMENTS; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council adopted Ordinance No. 19637 on February 17, 187, adopting the Water Conservation and Drought Contingency Plan for Corpus Christi; and, WHEREAS, analysis of actual water use since the Plan was adopted and the need to make the Plan conform to the drought provisions in the Agreed Order for estuary inflows indicate that the Plan should be amended to allow the trigger point for Condition III - Water Shortage Warning to be set at a level less than 30% of the combined capacity of Choke Canyon Reservoir and Lake Corpus Christi AND WHEREAS, the current combined capacity of the reservoir system is less than 30% and the Texas Natural Resources Commission has agreed that the City could temporarily suspend further releases of water mandated under the Agreed Order by declaring Condition III and implementing Sections 2.2.3C.4, 5, and 6 of the Plan, as amended by the Council on September 10, 1996. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-156, Water conservation and drought contingency plan, is hereby amended as follows: The fifth sentence on page 57 of Section 2.1, after "Condition III - Water Shortage Warning" is amended to read: "Unless t aeity irrthc reservoirs equals artxeceds 30%, the City Mm1us 1 on November -174946 S ombined water stored in the reservoir system is equal to or less than 30% of total storage capacity, and the City Manager directs implementation in order to protect reservoir storage levels." SECTION 2. The City Manager is directed to implement Condition III of the Drought Contingency Plan and the restrictions in Sections 2.2.3C.4, 5, and 6 of the Plan. R63718A4.268 MICROFILMED Corrected 2 Notwithstanding any other ordinance or the actual amount of water stored in the reservoirs, Condition III shall remain in effect as long as the Texas Natural Resources Conservation Commission allows the City of Corpus Christi to suspend the passage of inflows from the reservoir system. 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. 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 5. 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. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the c-` day of September, 1996. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary V Mayor The City of Corpus Christi APPROVED: This ,2` aday of September, 1996: James R. Bray, City Attorney By: R. J As is mng t City Attorney R63718A4.268 Corrected 3 Corpus Christi, Texas o 4 day of September, 1996 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, COUNCIL MEMBERS MAYO THE CITY ITY O ORPUS CHR ISTI The above ordinance was passed 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 R63718A4.268 022699 The following reprint of Section 2.2.3C of the Water Conservation and Drought Contingency Plan, as amended by Ordinance 22680 on September 10, 1996, is included for reference. 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. The use of water to serve a customer in a restaurant, unless requested by the customer, is prohibited. The use of potable water (water obtained from the City's water utility) for scenic and recreational ponds and lakes is prohibited. The use of potable water to put new agricultural land into production is prohibited. 1 EnCity of Corpus Chnsti DROUGHT CONTINGENCY PLAN IMPLEMENTATION To: Bill Hennings, City Manager From: Carl Crull, Assistant City Manager, Public Works/Utilities Date: September 24, 1996 Subject: Initial Implementation of Condition III — Water Shortage Warning Section 2 of the ordinance amending the trigger level for Condition III, which was adopted today, directed the immediate implementation of Condition III and restrictions in Section 2.2.3C4, 5, and 6 of the Drought Contingency Plan, as amended by Ordinance 22680 on September 10, 1996. Attached is a proposed implementation document for your signature. R63718G1.268 1 City of Corpus Christi tew Subject: Date: Approved: DROUGHT CONTINGENCY PLAN IMPLEMENTATION Initial Implementation of Restrictions on Use of Water Under Condition III — Water Shortage Warning September 24, 1996 City Manager Upon the recommendation of the Group Manager, Public Works/Utilities, and as directed in Section 2 of the ordinance adopted by the City Council on this date relating to the terms of Condition III of the Water Conservation and Drought Contingency Plan, effective immediately, Condition III is declared and the following provisions of Condition III, as described below, are implemented: The use of water to serve a customer in a restaurant, unless requested by the customer, is prohibited under Section 2.2.3C.4 of the Plan. The use of potable water (water obtained from the City's water utility) for scenic and recreational ponds and lakes is prohibited under Section 2.2.3C.5 of the Plan. - The use of potable water to put new agricultural land into production is prohibited under Section 2.2.3C.6 of the Plan. The following measures implemented under Condition I — Water Shortage Possibility on April 30, 1996, remain in effect: 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 R63718F1.268 1 special watering plan, the official shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers. The following measures implemented under Condition II — Water Shortage Watch on April 30, 1996, remain in effect: The restrictions on washing vehicles in Section 2.2.3B.2. of the Plan is 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 2.2.3B.4. of the Plan 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 2.2.3B.6. of the Plan and such restrictions are in effect until further notice. The following measures implemented under Condition II — Water Shortage Watch on April 30, 1996, as modified on September 16, 1996, remain in effect: 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 power wash contractor, except for the removal of graffiti or as permitted by the director of public health, is prohibited under Section 2.2.3B.3. of the Plan 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 2.2.3B.7. of the Plan and such restrictions are in effect -until further notice. The following additional measures under Condition II — Water Shortage Watch implemented on September 16, 1996, remain in effect: Except as provided below, the sprinkling or watering of lawns and other vegetation with potable water is prohibited under Section 2.2.3B.1. of the Plan and such restrictions are in effect until further notice. R63718F1.268 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 R63718F1.268 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 2.2.3B.4. of the Plan 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 2.2.3B.8 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 2.2.3B.9. 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. R63718FI.268 4 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT i ?'.',:",N'.CE DEF 95 OCT -9 r„ 3: 43 CITY OF CORPUS CHRISTI ss: Ad # 883080 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. 022699 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 30TH day(s) of SEPTEMBER, 1996. ONE (11Time(s) $44.40 \\,,,,1.1.1.,1,,,, NpRA(S /COMB Chi,_ r 30, 18x8 trill NOTICE OF PASSAGE OF a ORDINANCE NO. 022009 - p� reAmending the Cale of Ordi- r Chapter 55, shies, b XII, Water Cono n- A A 0,, rBecton 55-156, WS woo.' onpsrvetion and Draught ncy Plan re Cordlibn III, to cont pmvWens in the Texas Near rad Miource Conservation Oarawdlsion'e Aimed Order en freshwater inllows to Ow temps Estuary allowiirq fa Uta Wepenslon of retraInk g Mew requirements. Ws, *finance was peeved end approved by the Cly, Cohatdl of the City of Corpus Christ on the 24th day of Sep- tember, 1996. /e/ Armando Chaps City Secretary, City of Corpus Christi Vice -President and Chief Financial Officer Subscribed and sworn to before me this 2ND day of OCTOBER, 1996. u___ .L- r4 - Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.