HomeMy WebLinkAbout024396 ORD - 03/20/2001
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
BY REVISING ARTICLE XII, WATER CONSERVATION, OF CHAPTER 55,
UTILITIES, TO ESTABLISH AUTOMATIC CONSERVATION MEASURES,
TO CODIFY THE RULES GOVERNING DROUGHT CONTINGENCIES AND
ESTABLISHING PERMANENT WATER CONSERVATION MEASURES,
AND TO DIRECT AN OPERATIONS PLAN FOR THE RESERVOIR
SYSTEM; AMENDING THE WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN BY DELETING THE REFERENCES TO SPECIFIC
RESERVOIR LEVELS IN SECTION 2.1 OF THE DROUGHT
CONTINGENCY PLAN; AMENDING THE WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN BY REPEALING SECTION 2.2 OF THE
DROUGHT CONTINGENCY PLAN; REVISING AND CLARIFYING OTHER
PROVISIONS OF ARTICLE XII OF CHAPTER 55; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, on April 28, 1995, the Texas Natural Resource Conservation Commission
issued an Agreed Order amending the operational procedures and continuing an
Advisory council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-
3214; and
WHEREAS, from 1995 to 1999 the United States Bureau of Reclamation operated the
Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water
exchange between the Nueces river tidal segment and the Upper Rincon Bayou, and
the Bureau's Concluding Report documented positive effects on the Rincon Bayou and
upper Nueces River Delta; and
WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies
over the years suggested an opportunity to: (1) better manage the limited resources of
the Nueces river Basin for the benefit of the Nueces Estuary, and (2) at the same time
supplement municipal and industrial water supplies for the Corpus Christi area by
increasing the annual firm yield of the Lake Corpus Christi/Choke Canyon Reservoir
System; and
WHEREAS, on January 17, 2001, the City of Corpus Christi and the Nueces River
Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish
said purposes of benefitting the estuary and increasing water supplies; and
WHEREAS, the Nueces Estuary Advisory Council ("NEAC")appointed a Working Group
to oversee development of a detailed implementation plan for the proposal, including
representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal
Bend Bays and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club,
the Center for Coastal Studies of Texas A&M University - Corpus Christi, Environmental
Defense, the Port Industries of Corpus Christi, and the Texas Parks and Wildlife
Department; and
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WHEREAS, after several meetings and much deliberation, the Working Group reached
consensus on an implementation plan for Rincon diversion and amendments to the
1995 Agreed Order; and
WHEREAS, on March 6, 2001, the full Nueces Estuary Advisory Council considered the
implementation plan developed by the Working Group and reached consensus in favor
of the plan; and
WHEREAS, the plan includes the automatic implementation of certain specified
conservation measures by the City of Corpus Christi and the contemporaneous
automatic reduction of the City's obligation to pass through certain quantities of water at
specified reservoir levels under the Agreed Order; and
WHEREAS, the implementation of other drought management measures is left to the
discretion of the City Council in light of circumstances existing at the time; and
WHEREAS, on motion of the City of Corpus Christi and the Nueces River Authority the
consensus plan is being presented to the Texas Natural Resource Conservation
Commission, requesting its approval for necessary amendments to the Agreed Order;
and
WHEREAS, the automatic conservation measures included in the NEAC consensus
plan should be assimilated into the City of Corpus Christi Conservation Plan, subject to
TNRCC approval of necessary changes to the Agreed Order; and
WHEREAS, portions of the existing City of Corpus Christi Drought Contingency Plan,
approved as Part 2.2 of the Water Conservation and Drought Contingency Plan for
Corpus Christi in City Code Section 55-156 (Ordinance No. 023740 - August 24, 1999),
should be codified for purposes of clarity and accessibility, and numbering and
clarification changes should be made to Part 2.1 of the Plan and to Article XII, Chapter
55 of the City Code of Ordinances.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article XII of Chapter 55, Utilities, is revised to read as follows:
ARTICLE XII. WATER CONSERVATION
Sec. 55-150. Scope, purpose and authorization.
(a) Scope. There is hereby established a City of Corpus Christi Water Conservation
Plan.
(b) Declaration of policy.
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llLlt is hereby declared that the general welfare requires that the water
resources available to the city be put to the maximum beneficial use to the extent
to which they are capable, and that the waste or unreasonable use, or
unreasonable method of use of water be prevented, and the conservation of such
water is to be extended with a view to the reasonable and beneficial use thereof
in the interests of the people of the area served by the city's water resources and
for the public welfare.
!2Lln making decisions under this article concerning the allocation of water
between conflicting interests, highest priority will be given to allocation necessary
to support human life and health; i.e., the minimum amount of water necessary
for drinking, prevention of disease, and the like. Second highest priority will be
given to allocations which will result in the least loss of employment to persons
whose income is essential to their families.
(c) Authorization. The City Manager, or his designee, upon the recommendation of the
director of tltilities Assistant Citv Manaaer. Public Works and Utilities. is hereby
authorized and directed to implement the applicable provisions of this article upon their
determination that such implementation is necessary to protect the public welfare and
safety.
Set;a. 55-151--55 155. Reaer.ed.
Set;. 55156. Sec. 55-151. Water conservation and drought contingency plan.
far The Water Conservation and Drought Contingency Plan for Corpus Christi, dated
August 24, 1999, a true copy of which is on file in the office of the city secretary, is
adopted, and shall be followed in matters concerning water conservation, drought
management, and water supply enhancement programs.
(b) The city manager shall pursue a water well leasing program to obtain and maintain
sufficient leased acreage to produce at least sixty million (60,000,000) gallons per day
of groundwater to supplement surface supplies, as needed.
Sec. 55-152. Automatic water conservation measures.
(a) When combined storaae in the Choke Canyon/Lake Corpus Christi Reservoir
System ("Reservoir System Storaae") falls below 50% of Reservoir System Storaae
capacity, the Ci~ Manaaer shall issue a public notice informina water users of the
Corpus Christi water supply rea ion of voluntarv conservation measures that are
reauested immediately and reauired drouaht manaaement measures that must be taken
if the amount of water in the reservoirs falls to under 40% of Reservoir Svstem Storaae
capacity and when the amount of water in the reservoirs falls to under 30% of Reservoir
System Storaae capacity.
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Cb) To the extent of the Citv's leaal authoritv. the City Manaaer shall reauire the City's
wholesale customers to issue public notice advisina their water customers of voluntarv
conservation measures that are reauested immediatelY and reauired drouaht
manaaement measures that must be taken if the amount of water in the reservoirs falls
to under 40% of the Reservoir Svstem Storaae capacitv and when the amount of water
in the reservoirs falls to under 30% of the Reservoir Svstem Storaae capacitv.
(c) As soon as practicable after the City Manaaer's determination that Reservoir Svstem
Storaae has fallen below 40% of Reservoir System Storaae capacitv. the City Manaaer
shall publish notice in a dailv newspaper of aeneral circulation in Nueces County that
the amount of water in storaae has fallen below 40% of Reservoir System Storaae
capacitv. From the date of publication of the notice until the date the notice is rescinded
bv the Citv Manaaer. no person may use water for irriaation of veaetation between the
hours or 10:00 a.m. and 6:00 p.m.
Cd) It shall be a defense to prosecution of a violation under subsectionlc) of this section
that the use of water was for one of the followina purposes and the Citv Manaaer had
specificallv authorized the use of water for the purpose on the date of the violation:
(1) The water was used. at the minimum rate necessarv. for the establishment
and maintenance of commercial nurserv stock and applied usina:
a. A hand held hose eauipped with a positive shutoff nozzle.
b. A sprinkler system.
c. A drip irriaation svstem eauipped with an automatic shutoff device.
d. A soaker hose. which does not sprav water into the air. eauipped with
an automatic shutoff device.
e. A root feeder eauipped with an automatic shutoff device.
f. A hand held bucket or waterina can.
(2) Wastewater treatment plant effluent. aravwater. well water (which is not
mixed with any water from the Citv's water supply), or other water not obtained
from the Citv water system was used, if a permit was obtained from the City:
Manaaer and a sian was posted statina that the water used for irriaation is
wastewater effluent. aravwater. water from a permitted private well. or water that
was not obtained from the Citv's water supply.
(3) The water was used for short periods of time for testina related to the
installation. maintenance. and repair of sprinkler svstems.
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(4) The water was used for irriaation of veaetation on a larae parcel of land or
uniaue botanical institution. such as the Corpus Christi Botanical Gardens and
Blucher Nature Center. in conformance with a special waterina plan. specifically
approved for that parcel bv an official desianated by the City Manaaer. The
official aQProvina anv special waterina plan shall ensure that the plan achieves
similar water conservation aoals to the mandatorv conservation measures
applicable to other customers under this subsection.
(e) As soon as practicable after the City Manaaer's determination that the amount of
water in the reservoirs has fallen below 30% of Reservoir Svstem Storaae capacitv. the
City Manaaer shall publish notice in a daily newspaper of aeneral circulation in Nueces
County that the amount of water in reservoirs has fallen below 30% Reservoir System
storaae capacity and publish a lawn waterina plan that allows customers to water lawns
no more often than every five days. while maintainina the prohibition on usina water for
irriaation between 10:00 a.m. to 6:00 p.m.
(ft From the date of publication of the notice and plan. until the date the notice and plan
are rescinded by the Citv Manaaer. no person mav use water for irriaation of a lawn.
except on a day lawn water is authorized under the lawn waterina plan.
(a) It shall be a defense to prosecution of a violation under subsection If) of this section
that the use of water was for one of the followina purposes and the City Manaaer had
specificallv authorized the use of water for the purpose on the date of the violation:
(1) The water was used. other than durina the hours between 10:00 a.m. and
6:00 p.m.. for irriaation. at the minimum rate necessary. for the establishment of
newlv planted lawns within thirtv (30) davs of plantina.
(2) Wastewater treatment plant effluent. aravwater. well water (which is not
mixed with anv water from the Citv's water supplv), or other water not obtained
from the City water svstem was used. if a permit is obtained from the City
Manaaer and a sian is posted statina that the water used for irriaation is
wastewater effluent. aravwater. water from a permitted private well. or water that
was not obtained from the Citv's water supply.
(3) The water was used. other than durina the hours between 10:00 a.m. and
6:00 p.m.. for irriaation. at the minimum rate necessary. for maintenance of aolf
course areens and tee boxes.
(1) The water was used for irriQation on a larqe parcel of land or unique botanical
institution. such as the Corpus Christi Botanical Gardens and Blucher Nature
Center. in conformance with a special waterina plan. specificallY approved for
that parcel bv an official desianated by the City Manaaer. The official approvina
anv special waterina plan shall ensure that the plan achieves similar water
conservation aoals to the mandatorv conservation measures applicable to other
customers under this subsection.
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(h) This section shall only be effective at anv time the City is entitled. under to Order of
the Texas Natural Resource Conservation Commission under Certificate of Adiudication
No. 21-3214, to (1) reduce taraeted inflows of water to Nueces Bav to 1200 acre feet
when Reservoir System Storaae falls below 40% of capacity. and 2) suspend taraeted
inflows below 30% of capacity.
2.2.3 Prohibition al1d Regtllation of Usu Sec. 55-153. Water conservation
measures.
(a) The Assistant City Manaaer for Public Works and Utilities shall promulaate
auidelines. which shall set forth the criteria for determinina when a particular water
conservation staae is to be implemented and terminated.
(1 L The au/delines shall be updated when. in the opinion of the Director Assistant
City Manaaer for Public Works and Utilities. the conditions of the water svstem
have chanaed so as to necessitate such update.
(2) The auidelines shall be published and filed in the office of the Director of
Utilities. Gee Gection 2.1 City Secretarv.
~ The use or withdrawal of water from the water supplv svstem of the city for the
follow/na purposes or uses is herebY reaulated durina anv period of water shortaae
commencina with the promulaation of water conservation auidelines by the Director of
Assistant City Manaaer for Public Works and Utilities and implementation of S8n,e the
auidelines bv the Citv Manaaer and continuina until such water conservation measures
are no lonaer deemed necessarv bv the Citv Manaaer in accordance with the
auidelines.
A:-(1) Condition I -- Water Shortaae Possibility.
a. Upon implementation bv the Citv Manaaer. customers of the water
svstem of the Citv of Corpus Christi are reauested throuah the news
media announcements and utilitv bill inserts to voluntarilY conserve and
limit their use of water and shall comolv with the followina restrictions on
the use of water for irriaation of veaetation. All municipal operations are
placed on mandatory conservation.
b. 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 o.m..
based on street numbers. as may be desianated by the city manaaer. c.
However. any person may raise as a defense to prosecution for violation
of this section the fact that the use of water for the followina purposes had
been specificallv authorized bv the Citv Manaaer. if the Citv Manaaer had
actuallv authorized the use of water for that purpose on the date of the
violation:
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1. The water was used. other than durina the hours between 10:00
a.m. and 6:00 p.m.. for irriaation. at the minimum rate necessarv.
for the establishment and maintenance of flower aardens.
veaetable aardens. fruit aardens. trees. and shrubs. or plants in
containers. and applied usina:
i. A hand held hose eauipoed with a positive shutoff nozzle.
ii. A drip irriaation svstem eauipped with an automatic
shutoff device.
iii. A soaker hose. which does not sprav water into the air.
eauipped with an automatic shutoff device.
iv. A root feeder eauipped with an automatic shutoff device.
v. A hand held bucket or waterina can.
2. The water was used at any hour for irriaation. at the minimum
rate necessary. for the establishment and maintenance of
commercial nurserv stock and applied using:
i. A hand held hose eauipped with a positive shutoff nozzle.
ii. A sprinkler svstem.
iii. A drip irriaation svstem eauipped with an automatic
shutoff device.
iv. A soaker hose. which does not sprav water into the air.
eauipped with an automatic shutoff device.
v. A root feeder eauipped with an automatic shutoff device.
vi. A hand held bucket or waterina can.
3. The water was used. other than during the hours between 10:00
am. and 6:00 p.m.. for irriaation. at the minimum rate necessarv. for
the establishment of newly planted lawns and plant materials within
thirty (30) days of plantina. Water used for this purpose may be
applied by anv means.
4. Wastewater treatment plant effluent. araywater. well water
(which is not mixed with anv water from the Citv's water supplv), or
other water not obtained from the Citv water svstem was used. may
be used at anv hour. if a permit is obtained from the Citv Manaaer
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and a sian is posted statina that the water used for irriaation is
wastewater effluent. aravwater. water from a permitted private well.
or water that was not obtained from the City's water supplv.
5. The water was used. other than durina the hours between 10:00
a.m. and 6:00 p.m.. for irriaation. at the minimum rate necessarv.
for maintenance. of aolf course areens and tee boxes.
6. The water was used at any hour for short periods of time for
testina related to the installation. maintenance. and repair of
sprinkler svstems.
7. The water was used for irriaation of veaetation on a large parcel
of land or uniaue botanical institutions. such as the Corpus Christi
Botanical Gardens and Blucher Nature Center. in conformance with
a special waterina plan. specificallv approved for that parcel bv an
official desianated bv the Citv Manaaer. The official approvina any
special waterina plan shall ensure that the plan achieves similar
water conservation aoals to the mandatorv conservation measures
applicable to other customers under this section.
c. In the event the premises have no number. application shall be made
to the citv buildina official for the assianment of a number to such
premises and such premises shall thereafter bear the number so
assianed. Such dav or davs mav be chanaed bv further directive of the
citv manaaer. In the event anv premises do not have a number at the time
of the occurrence of anv violation under this article. the premises shall be
in the cateaorv of premises with street numbers endina in zero. No
person or customer shall cause or permit water to run or waste in anv
autter or otherwise.
8:-(2) Condition II - Water Shortaae Watch
a. Upon implementation bv the Citv Manaaer. and publication of notice.
the followina restrictions shall applv to all persons and the withdrawal of
water from the system (potable water) for the followina purposes or uses
is herebv prohibited. The City Manaaer. in the exercise of his discretion
based upon auidelines established by the Assistant City Manaer for
Director of rtlblic Works and Utilities. may implement anv or all of those
elements of Condition II as are deemed necessarv at any oarticular time.
All elements of Condition I shall remain in effect in Condition II.
1. The sprinklina or waterina of veaetation is prohibited: provided.
however. the Citv Manaaer may authorize waterina of veaetation as
follows:
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i. The waterina of trees: shrubberv: annual. biennial or
perennial plants: vines: gardens: veaetables and flowers with
potable water mav be permitted. at the minimum rate
necessary for the maintenance of plants. throuah the means
of a hand held hose eauiooed with a positive shutoff nozzle.
a drip irriaation svstem. a root feeder eauipoed with an
automatic shutoff device. a soaker hose. which does not
sprav water into the air and is eauipped with an automatic
shutoff device. a hand held bucket or waterina can. or a
sprinkler svstem which is either attended throuahout its use
or is eauipped with automatic shutoff. When authorized.
such waterina shall be done onlv on even number davs 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. When such
waterina is authorized durina the Davliaht Savinas Time
period of the vear. it shall be permitted only between the
hours of 6 a.m. and 9 a.m. and between the hours of 6 p.m.
and 9 p.m.
ii. The waterina of lawns with potable water mav be
permitted once everv other week on the waterina davs
desianated bv the Citv Manaaer. based on the street
number. except between the hours of 10:00 a.m. and 6:00
p.m.. throuah the means of a hand held hose eauipped with
a positive shutoff nozzle. a drip irriaation svstem. a hand
held bucket or waterina can. or a sprinkler svstem which is
either attended throuahout its use or is eauipped with an
automatic shutoff.
iii. Commercial nurseries shall be excepted from the
prohibition of this subparaaraph and shall be permitted to
water nurserv stock with potable water. at the minimum rate
necessarv to establish and maintain commercial nurserv
stock. bv means of a hand held hose eauipped with a
positive shutoff nozzle. a drip irriaation system. a root feeder
eauipped with an automatic shutoff device. a soaker hose.
which does not sprav water into the air and is eauioped with
an automatic shutoff device. a hand held bucket or watering
can. or a sprinkler system which is attended throuqhout its
use. is eauipped with an automatic shutoff or recaptures and
recirculates irriaation water.
iv. The waterina of new lawns and olant materials with
potable water. at the minimum rate necessarv for the
establishment of the newlv planted veaetation. mav be
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permitted within 30 days of plantina. at anv time other than
between the hours of 10:00 a.m. and 6:00 p.m.. bvany
means. However. onlv the newlv planted areas may be
watered at times not authorized under subdivisions Ii) and
(ii) of this subsection.
v. The allowina of water to run off vards or plants into
autters or streets shall be deemed a waste of water and is
prohibited.
2. The washina of automobiles. trucks. trailers. boats. airplanes and any
other tvpe of mobile eauipment is prohibited. except that individuals and
fillina stations mav wash cars or boats if thev use a bucket. pail. or other
receptacles not laraer than of 5 aallon capacitv: however. an individual or
fillina station. before or after such washina. shall be permitted to rinse the
car or boat off with a hose usina onlv a reasonable amount of water in so
doina. Commercial or automatic car wash establishment shall use
minimum practical water settinas.
3. The washina of buildina exteriors and interiors. trailers. trailer houses
and railroad cars with potable water is prohibited. except bv a professional
power washina contractor or that in the interest of public health the
Director of Public Health mav permit limited use of the water as the case
mav be. includina allowina the use of water for the removal of araffiti.
4. The permittina or maintainina of defective plumbina in a home.
business establishment or any location where water is used on the
premises. The permittina of the wastina of anv water bv reason of
defective plumbina as hereinabove mentioned shall include the existence
of out-of-repair water closets. underaround leaks. defective faucets and
taps. The permittina of water to flow constantlv throuah a tap. hvdrant.
valve or otherwise bv anv user of water connected to the Citv system.
shall be considered as a wastina of water and prohibited bv this plan.
5. The use of fire hvdrants for anv purpose other than firefiahtina is
prohibited: except that the Citv Manaaer may permit the use of metered
fire hydrant water by the City or bY commercial operators usina jet roddina
eauipment to clear and clean sanitarv 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 anv
manner.
7. The use of potable water to wash down anv sidewalks. walkwavs.
drivewavs. parkina lots. tennis courts. or other hard-surfaced area. or
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buildina or structure. except bv a professional power washina contractor.
is prohibited.
8. The use of potable water for dust control is prohibited.
9. The use of ootable water bv a aolf course to irriaate anv portion of its
arounds is prohibited. exceot those areas desianated as tees and areens
mav be watered between the hours of 6 a.m. and 10 a.m. on Mondavs.
Wednesdays. Fridays. and Sundays.
10. Anv use of water for the purposes or in a manner prohibited in this
plan shall be deemed to be a waste of water and anv person violatina any
of the provisions of this plan and any person in whose name a water meter
connection is reaistered in tt'ie Department of rublie Utilities with the
Utilities Billina Office. which water connection serves premises upon which
a violation occurs. and proof that the particular premises have a water
meter connection reaistered 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 reaistered was the person
who permitted or caused the act of waste charaed to occur on the
premises.
11. Concurrentlv with the implementation of Condition II. the Citv Council
shall appoint an Allocation and Review Committee. as hereinafter
provided. for the purpose of reviewina water conservation policies and
establishina exemptions. See Section 2.2.4.
6:-(3) Condition III - Water Shortaae Warning
a. Upon implementation bv the Citv Manaaer and publication of notice.
the followina restrictions shall apply to all persons. The Citv Manaaer. in
the exercise of his discretion based upon auidelines established bv the
Director of rtlblic Utilities Assistant Citv Manaaer for Public Works and
Utilities. mav imolement anv or all of those elements of Condition III as are
deemed necessarv at any particular time. All elements of Condition II
shall remain in effect in Condition III.
1. New service connections to the Citv's water svstem are
prohibited where some other source independent of the Citv's water
system is existina and in use at the time this element of Condition
III is implemented.
2. A mandatorv limit of normal water use bv customers without use
penaltv. in amounts as determined bv the Citv Manaaer in
accordance with auidelines established bv the Citv Council.
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3. In connection with the enforcement of subsection 2. the Citv
Council shall establish a maximum limit bevond which water service
will be terminated.
4. The use of water to serve a customer in a restaurant. unless
reauested bv the customer. is prohibited.
5. The use of potable water (water obtained from the Citv's water
utilitv) for scenic and recreational ponds and lakes is prohibited.
6. The use of potable water to put new aariculturalland into
production is prohibited.
&.-(4) Condition IV - Water Shortaae Emeraencv
a. Upon implementation bv the Citv Manaaer and publication of notice.
the followina restrictions shall applv to all persons. The Citv Manaaer. in
the exercise of his discretion based upon auidelines established bv the
DiFector of Assistant Citv Manaaer of Public Works and Utilities. mav
implement anv or all of those elements of Condition IV as are deemed
necessarv at any particular time. All elements of Condition III shall remain
in effect in Condition IV.
1. No applications for new. additional. further expanded. or
increased-in-size water service connections. meters. service lines.
pipeline extensions. mains. or other water service facilities of anv
kind shall be allowed. approved. or installed except as approved bv
the Allocation and Review Committee.
2. All allocations of water use to industrial and commercial
customers in amounts as established after consultation with the
Allocation and Review Committee.
3. The maximum monthlv use for a residential customer be
established with revised rate schedules and penalties bv the Citv
Council on recommendation by the Allocation and Review
Committee.
4. The Citv Council and Citv Manaaer shall take those actions
deemed necessarv to meet the conditions resultino from the
emeraencv.
2.2.4 Sec. 55-154. Allocation and Review Committee. establishment.
comDosition. Dowers. and duties.
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(a) The Allocation and Review Committee shall be composed of six (6) members. the
Assistant City Manaaer for Director of Public Works and Utilities. the Director of Public
Health. a representative of industrv. a representative of business and commerce. a
homemaker-citizen. and a citizen of the citv.
(1) The industrv. business. homemaker. and citizen members shall be apoointed
bv the Mavor and Council and shall serve at the pleasure of the Citv Council.
(2) In addition. six (6) alternate members shall be appointed. Each alternate
shall serve in place of his/her respective reaular Committee member whenever
that reaular Committee member is unavailable to participate.
(3) The Citv Manaaer shall appoint alternates for the Assistant City Manaer for
Director of Public Works and Utilities and the Director of Public Health.
(4) The Mavor and Council shall appoint alternates for the industrv. business.
homemaker. and citizen members of the Committee. Alternates appointed shall
have aualifications similar to those of their respective reaular member.
(5) An alternate servina in place of a reaular Committee member shall exercise
the same powers and have the same duties as a reaular member.
(b) The Committee shall consider reauests of water users for special consideration to be
aiven as to their respective particular circumstances and the Committee shall hear and
decide such reauests and is herebv authorized to. in special cases. arant such variance
from the terms of this plan as will not be contrarv to the public interest. where. owina to
special conditions. a literal enforcement of the provisions of this plan will result in
unnecessary hardship. and so that the spirit of this plan shall be observed and
substantial iustice done.
(1) Should a permit for special exception be aranted bv such Committee. it shall
be in effect from the time of arantina: provided. that the permit is prominentlv
oosted on the oremises within two (2) feet of the street number located on the
premises.
(2) Should protest be received after the arantina of anv such special permit. the
Committee shall consider the revocation of such permit and shall reconsider the
arantina of such permit at a public hearina. notice of which shall have been aiven
at least one (1) day prior to the holdina of such hearina.
(3) After the conclusion of such hearina. the Committee shall take such action by
wav of revocation of such permit. or refusal to revoke the same. or modification
of such permit as the Committee mav deem proper under the circumstances.
r.r.5-Sec.55-155. Violations. penalties. and enforcement.
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A:-la) Anv person violatina anv provision of this Article shall be deemed auiltv of a
misdemeanor and. upon conviction. shall be punished by a fine as provided in Section
1-6 of this Code.
(b) The commission of a violation of each provision. and each separate violation thereof.
shall be deemed a separate offense. in and upon conviction thereof. shall be fined as
hereinabove provided.
(c) If anv person or a second person in the same household or premises. is found auilty
of a second violation of this plan. the Director of rtlblic Utilities Water Superintendent
shall be authorized to discontinue water service to the premises where such violation
occurs.
B:--(d) Any police officer. or other city emplovee desianated bv the citv manaaer. mav
issue a citation to a person he reasonablv believes to be in violation of this article.
(e) The citation shall be prepared in duplicate and shall contain the name and address
of the alleaed violator. if known. the offense charaed. and shall direct him to appear in
the Corpus Christi Municipal Court no sooner than ten (10) davs and no later than
twentv one (21) days of service of the citation.
(1) The alleaed violator shall be reauested to sian the citation. and shall be
served a copv of the citation.
(2) Service of the citation shall be complete upon the attempt to aive it to the
alleaed violator. to an aaent or emplovee of a violator. or to a person over
fourteen (14) vears of aae who is a member of the violator's immediate familv or
is a resident at the violator's residence.
ill.. The alleaed violator shall appear in municipal court to make his plea 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.
la) A police officer mav arrest for anv offense under this article where permitted bv state
arrest law.
(h) Cases filed under this section shall be expedited and giyen preferential setlina in
municipal court before all other cases.
&.-.!JlA person in apparent control of the property where the violation occurs or
oriainates shall be presumed to be the violator. and proof of facts showina apparent
control by such person of the premises and proof that the violation occurred on the
premises shall constitute prima facie evidence that said person committed the violation.
but said person shall have the riaht to show that he did not commit the violation.
R13717A5.wpd
15
llLAnv person whose name is on file with the Utilities Billina Office Department as the
customer on the water account for the propertv where the violation occurs or oriainates
shall be presumed to be the violator. and proof that the violation occurred on said
premises shall constitute prima facie evidence that the customer committed the
violation. but said customer shall have the riaht to show that he did not commit the
violation.
(k) Parents shall be presumed to be responsible for violations of their minor children.
and proof that a child committed a violation on propertv within the parent's control shall
constitute prima facie evidence that said parent committed the violation. but said parent
may be excused if he proves that he had previouslv directed the child not to use the
water as it was used in the violation and that the parent could not have reasonablv
known of the violation.
H-:&-Sec.55-155. Surcharaes and termination of service.
A:-(a) General.
t!l This section is provided to implement and enforce the mandatory limits on
water usaae called for in Condition III and IV of this drouaht continaencv plan.
(2) The surcharaes established herein are solelv intended to reaulate and deter
the use of water durina a period of serious drouaht in order to achieve necessarv
water conservation.
(3) The Citv Council expresslv finds that the drouaht poses a serious and
immediate threat to the public and economic health and aeneral welfare of this
communitv. and that the surcharaes and other measures adopted herein are
essential to protect said public health and welfare.
(4) This section. and the surcharaes and measures adopted herein are purelv an
exercise of the Citv's reaulatorv and police power. and the surcharaes and
connection fees herein are in no wav to be considered rates for production of
revenue.
(5) All monies collected from surcharaes shall be placed in a special fund to be
used for research and development of alternative or expanded water sources for
the Citv of Corous Christi and its water customers.
&-(b) Residential water customers. who are not billed throuah a master water meter.
(1) Residential water customers. who are billed throuah a master water meter.
shall pav the followina surcharaes:
4-:-a. $5.00 for the first 1.000 aallons over allocation.
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r.-L $8.00 for the second 1.000 aallons over allocation.
a:--~$16.00 for the third 1.000 aallons over allocation.
4:--d. $40.00 for each additional 1.000 aallons over allocation.
e. The surcharaes shall be cumulative.
(2) When the combined reservoir capacity is less than 20% of total capacitv. the
allocation to residential customers shall be as follows:
Persons Per Household Gallons Per Month
"Household" means the residential premises served bv the customer's
meter.
"Persons per household" includes onlv those persons currentlv physicallv
residina at the premises and expected to reside there for the entire billina
period.
(4) Size of households.
a. It shall be assumed that a particular customer's household is
comorised of two 12\ oersons unless the customer notifies the Citv of a
areater number. on a form prescribed by the Citv Manaaer.
1. The City Manaaer shall aive his best effort to see that such
forms are mailed to everv residential customer.
2. If. however. a customer does not receive such a form. it shall be
the customer's responsibilitv to ao to the Citv's rublic Utility Billina
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17
Office and sian the form if the customer desires to claim more than
two (2) persons.
3. New customers mav claim more persons at the time of applvina
for their water service on the form prescribed bv the Citv Manaaer.
4. When the number of persons in a household increases so as to
place the customer in a different cateaorv. the customer may notifv
the Citv of the chanae on such form. and the chanae will be
implemented in the next practicable billina period.
5. If the number of persons in a household is reduced. the
customer shall notifv the Citv in writina within two days.
6. In prescribina the method for c1aimina more than two (2)
persons. the Citv Manaaer shall adopt methods to insure the
accuracy of the claim.
7. Anv person who knowinaly. recklesslv. or with criminal
nealiaence falselv reports the number of persons in a household or
fails to timelv notifv the Citv of a reduction in the number of persons
in a household shall be fined not less than $200.
6:-(c) Residential customers who are billed from a master water meter.
(1) When the combined reservoir capacity is less than 20% of total capacitv. a
residential customer billed from a master water meter, which iointlv measures
water to multiple permanent residential dwellina units (for example. apartments.
mobile homes). shall be allocated 6.000 aallons for each dwellina unit.
(2) Number of dwellina units assianed to a master water meter.
a. It shall be assumed that such a customer's meter serves two dwellina
units unless the customer notifies the Citv of a areater number. on a form
prescribed bv the Citv Manaaer.
b. The City Manaaer shall aive his best effort to see that such forms are
mailed to everv such customer.
c. If. however. such customer does not receive such a form. it shall be the
CUStomer's responsibilitv to ao to the Citv's rublic Utilitv Billina Office and
sian the form if the customer desires to claim more than two dwellinas.
d. A dwellina unit mav be claimed under this provision whether it is
occupied or not. New customers mav claim more dwellina units at the
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time of applvina for their water service on the form prescribed bv the City
Manaaer.
e. If the number of dwellina units served by a master meter is reduced.
the customer shall notifv the Citv in writina within two davs.
f. In prescribina the method for c1aimina more than two dwellina units. the
Citv Manaaer shall adopt methods to insure the accuracv of the claim.
a. Anv person who knowinalv. recklesslv. or with criminal nealiaence
falselv reports the number of dwellina units on a meter or fails to notifv the
Citv of a reduction in the number of dwellina units on a meter shall be
fined not less than$200.
(3) In this subsection. "person" includes individuals. partnerships. associations.
corporations. and all other leaal entities.
(4) Residential customers billed from a master meter under this provision shall
pay the followina monthlv surcharaes:
.L $5.00 for each 1.000 aallons over allocation UP through 1.000
aallons for each dwellina unit.
2. $8.00. thereafter. for each additional 1.000 aallons over allocation
UP throuah a second 1.000 aallons for each dwellina unit.
.1. $16.00. thereafter. for each additional 1.000 aallons over allocation
UP throuah a third 1.000 aallons for each dwellina unit.
4. $40.00. thereafter. for each additional 1.000 aallons over allocation.
Examples of applications of the surcharae formula are as follows:
Apartment complex contains 100 units. Allocation is 600.000
aallons (hvpotheticallv!:
Usaae is 610.000 aallons. Surcharae is $50.00. computed
as follows: 10 thousands of aallons at $5.00 each.
Usaae is 710.000 aallons. Surcharae is $580. computed as
follows: 100 thousands of aallons at $5.00 each plus 10
thousands of aallons at $8.00 each.
Usaae is 910.000 aallons. Surcharae is $3.300. computed
as follows: 100 thousands of aallons at $5.00 each. plus
100 thousands of aallons at $8.00 each. plus 100 thousands
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of Gallons at $16.00 each. olus 10 thousands of Gallons at
$40.00 each.
&.-(d) Nonresidential commercial customer. other than an industrial customer. who
uses water for orocessinG.
(1) A monthlv water usaae allocation shall be established bv the Citv Manaaer or
his desianee for each nonresidential commercial customer. other than an
industrial customer. who uses water for processina.
(2) Method of establishina allocation.
a. When the combined reservoir capacitv is less than 20% of total
capacity. the nonresidential commercial customer's allocation shall be
approximatelv 75 percent of the customer's usaae for the correspondina
month's billina period for the durina previous 12 months.
b. If the customer's billina historv is shorter than 12 months. the monthlv
averaae for the period for which there is a record shall be used for any
monthlv period for which no historv exists.
c. Provided. however. a customer. 75 percent of whose monthly usaae is
less than 6.000 aallons. shall be allocated 6.000 aallons.
d. The Citv Manaaer shall aive his best effort to see that notice of each
nonresidential commercial customer's allocation is mailed to such
customer.
e. If. however. the customer does not receive such notice. it shall be the
customer's responsibilitv to contact the Citv' Utilities Billina Office to
determine the allocation. and the allocation shall be fullv effective
notwithstandina lack of receipt of written notice.
f. Upon reauest of the customer or at the initiative of the Citv Manaaer.
the allocation mav be reduced or increased.
(1) if the desianated period does not accurately reflect the
customer's normal water usaae.
(2) if one nonresidential customer aorees to transfer part of its
allocation to another nonresidential customer. or
(3) if other obiective evidence demonstrates that the desianated
allocation is inaccurate under present conditions.
R13717A5.wpd
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a. A customer mav appeal an allocation established hereunder to the
Water Allocation and Review Committee on arounds of unnecessary
hardship.
E-:-(e) Industrial customers. who use water for processina.
(1) A monthlv water usaae allocation shall be established bv the Citv Manaaer or
his desianee for each an industrial customer. which uses water for processina
(e.a.. an industrial customer).
(2) Method of establishina allocation.
a. When the combined reservoir capacity is less than 20% of total
capacitv. the industrial customer allocation shall be 90 percent of the
customer's water usaae baseline.
b. 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 usaae baseline.
c. The customer's water usaae baseline will be computed on the averaae
water usaae for the thirty six month period endina prior to the date of
implementation of Condition II.
d. If the customer's billina historv is shorter than 36 months. the monthlv
averaae for the period for which there is a record shall be used for anv
monthlv period for which no historv exists.
e. The Citv Manaaer shall aive his best effort to see that notice of each
industrial customer's allocation is mailed to such customer.
f. If. however. the customer does not receive such notice. it shall be the
customer's resoonsibilitv to contact the Citv Utilities Billina Office to
determine the allocation. and the allocation shall be fullv effective
notwithstanding lack of receipt of written notice.
a. Uoon reauest of the customer or at the initiative of the Citv Manaaer.
the allocation mav be reduced or increased. if:
1. The desianated period does not accurately reflect the
customer's normal water usaae because customer had shutdown a
maior processina unit for overhaul durina the period.
2. The customer has added or is in the process of adding
sianificant additional processina capacity. Onlv additional capacitv
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that was under contract and publiclv announced prior to the
implementation of Condition II should be considered.
3. The customer has shutdown or sianificantlv reduced the
production of a maior processina unit.
4. The customer has oreviouslv implemented sianificant permanent
water conservation measures.
5. The customer aarees to transfer part of its allocation to another
industrial customer.
6. Other obiective evidence demonstrates that the desianated
allocation is inaccurate under present conditions.
h. A customer may appeal an allocation established under this provision
to the Water Allocation and Review Committee on arounds of
unnecessarv hardship.
F:-itLNonresidential commercial and industrial customers shall pay the following
surcharaes:
(1) Customers whose allocation is 6.000 aallons through 20.000 aallons per
month:
a. $5.00 per 1.000 aallons for the first 1.000 aallons over allocation.
b. $8.00 per 1.000 aallons for the second 1.000 aallons over allocation.
c. $16.00 per 1.000 aallons for the third 1.000 aallons over allocation.
d. $40.00 for each additional 1.000 aallons over allocation.
e. The surcharaes shall be cumulative.
~ Customers whose allocation is 21.000 aallons per month or more:
a. One times the block rate for each 1.000 aallons in excess of the
allocation UP throuah 5 percent above allocation.
b. Three times the block rate for each 1.000 aallons from 5 percent
throuah 10 percent above allocation.
c. Five times the block rate for each 1.000 aallons from 10 percent
throuah 15 percent above allocation.
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d. Ten times the block rate for each 1.000 aallons more than 15 percent
above allocation.
e. The surcharaes shall be cumulative.
f. As used herein. "block rate" means the charae to the customer per
1.000 aallons at the reaular water rate schedule at the level of the
customer's allocation.
6:--(a) Nonresidential customer is billed from a master meter.
(1) When a nonresidential customer is billed from a master meter which iointly
measures water to multiple residential dwellina units (for example: apartments.
mobile homes). the customer may pass alona any surcharaes assessed under
this plan to the tenants or occupants. provided that:
+'-.~..:_Jhe customer notifies each tenant in writina:
8:-1. That the surcharae will be passed alona.
b:-2. How the surcharae will be apportioned.
e:--3. That the landlord must be notified immediatelv of anv
plumbina leaks.
d:-~ Of methods to conserve water lwhich shall be obtained from
the Citv).
r.-b. The customer diliaentlv maintains the plumbina svstem to prevent
leaks.
3:-c. The customer installs water savina devices and measures !ideas for
which are available from the Citv) to the extent reasonable and practical
under the circumstances.
d. The surcharge shall be passed alona. where permissible. to dwelling
Uriits in orooortion to the rent or orice charaed for each dwellina unit.
t+.--(h) Water service to the customer may be terminated under the followina conditions:
(1) Monthlv residential water usaae exceeds allocation bv 4.000 aallons or more
two or more times lwhich need not be consecutive months).
(2) Monthlv water usaae on a master meter which iointlv measures water usaae
to multiple residential dwellina units exceeds allocation bv 4.000 aallons times
R13717A5.wpd
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23
the number of dwellina units or more two or more times lwhich need not be
consecutive months).
(3) Monthlv nonresidential water usaae for a customer whose allocation is 6.000
aallons throuah 20.000 aallons exceeds its allocation bv 7.000 aallons or more
two or more times lwhich need not be consecutive months).
(4) Monthlv nonresidential water usaae for a customer whose allocation is 21.000
aallons or more exceeds its allocation by 15 percent or more two or more times
(which need not be consecutive months).
(5) For residential customers and nonresidential customers whose allocation
does not exceed 20.000 aallons. after the first disconnection water service shall
be restored upon reauest for a fee of $50.
(6) For such customers. after the second disconnection. water service shall be
restored within 24 hours of the reauest for a fee of $500.
(7) If water service is disconnected a third time for such customer. water service
shall not be restored until the Citv re-enters a level of water conservation less
than Condition III.
(8) For master meter customers. the service restoration fees shall be the same
as above times the number of dwellina units.
(9) For nonresidential customers whose allocation is 21.000 aallons per month or
more.
a. After the first disconnection water service shall be restored upon
reauest for a fee in the amount of "X" in the followina formula:
$ 50 x Customer's Allocation in aallons
)( = --------------------------------------------------------
20.000 aallons
b. After the second disconnection for said customers. water service shall
be restored within 24 hours of the reauest for a fee of 10 times "X".
c. If water service is disconnected a third time for such customer. water
service shall not be restored until the City re-enters a leyel of water
conservation less than Condition III.
d. The Citv Manaaer is directed to institute written auidelines for
disconnection of water service under this provision which will satisfv
minimum due process reauirements. if any.
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24
t.--i!l)t shall be a defense to imposition of a surcharae hereunder. or to termination of
service. that water used over allocation resulted from loss of water throuah no fault of
the customer (for example. a maior water line break).
(1) The customer shall have the burden to Drove such defense bv obiective
evidence (for example. a written certification of the circumstances bv a plumber).
(2) A sworn statement mav be reauired of the customer.
(3) This defense shall not applv if the customer failed to take reasonable steps
for upkeep of the plumbina 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 anv other way nealiaent in causina or permittina the loss of
water.
rill... When this section refers to allocation or water usaae periods as "month. "
"month Iv." "billina period." and the like. such references shall mean the period in the
Citv's ordinarv billina cvcle which commences with the readina of a meter one month
and commences with the next readina of that meter which is usually the next month.
(1) The aoal for the lenath of such period is 30 davs. but a variance of two davs.
more or less. will necessarilv exist as to particular meters.
(2) If a meter reader is prevented from timely readina a meter bv a doa or anv
other obstacle which is attributable to the customer. the oriainal allocation shall
applv to the lonaer period without modification.
Ho1-Sec.55-156. Effluent distribution: Dermit and reaulations.
A:--(a) Upon implementation of the Citv of Corpus Christi Water Conservation Plan as
provided in this section. the Citv mav make available effluent water discharaed from its
sewaae treatment plants for the purpose of waterina lawns. arass. and other plants.
dust control and similar uses.
(1) Such effluent water shall be made available onlv under the terms and
conditions herein provided and only to such persons as are duly permitted as
distributors as provided in this section.
(2) The City shall be under no obliaation to provide such effluent and reserves
the riaht to discontinue such service at any time and to limit the volume and to
establish or alter loadina procedures and/or locations as necessarv for the
efficient administration of the Wastewater Division.
B:-(b) No Effluent Distribution Permit shall be issued except upon application filed with
the Wastewater Division of the Citv. Everv such application shall contain the followina
information:
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25
(1) Name of applicant.
(2) Name of authorized representative (e.a. president of corporation: partner:
etc.) if applicant is other than an individual.
(3) Business address and phone number.
(4) Residence address and phone number of authorized individual
representative.
(5) Description of each vehicle and container unit to be used in the transportation
or distribution of effluent water. includina the make. Year. model. type. weiaht and
aross vehicle weiaht. container capacitv in aallons. vehicle reaistration number.
and the State safetv inspection certificate number and expiration date.
(6) Names and driver's license number of everv proposed driver of such vehicles.
(7) Statement of previous use of container units and anv proposed use after or
concurrently with such units use for effluent distribution.
(8) Statement of the proposed uses of anv effluent water. includina whether the
use is proposed for residential. commercial. or industrial purpose.
&'-(c) Upon the mina of the reauired application. and pavment of the permit fee
specified herein for each container unit. the Wastewater Superintendent. or the
Superintendent's desianee. shall upon his determination that the applicant and vehicles
and container units are in compliance with all applicable provisions of this article. issue
a permit for each such container unit.
(1) The permit shall identifv the particular unit for which it is issued and shall be
displaved in a prominent place upon the unit.
(2) Each unit shall be separatelv permitted.
&.-~ The Permit Fee shall be fifty dollars ($50.00) per month for each unit plus five
dollars ($5) per month for each unit per 1.000 aallons of capacity (or portion thereof)
over the first 1.000 aallons of capacitv.
(e) Permits shall be issued on a auarterlv basis from the effective date of this plan: fee
proration shall be on a monthly basis.
E:-ill.. Notwithstandina subsection la) of this section. a resident of the City of Corpus
Christi may obtain effluent at no charae from a wastewater treatment plant. desianated
by the Wastewater Superintendent. for the irriaation of veaetation. dust control. or
waterina a foundation at the individual's personal residence.
R13717A5.wpd
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(1) Any effluent received under this subsection mav not be sold or transferred to
another individual or used for commercial purposes.
4:-a. Before receivina effluent the resident must obtain a permit from the
Wastewater Superintendent. or the Suoerintendent's desianee.
2-:-b. Prior to receivina a permit. the resident must comolete a course of
instruction on the handlina of wastewater effluent that has been develooed
bv the Citv's Health Department.
re. Anv container used to receive and transport effluent must have a lid
or cap. be watertiaht. and be properly secured to the vehicle.
d. All containers are subiect to inspection and approval of the Citv Health
Department or Wastewater Department.
4:-e. Anv effluent received under this subsection must be immediatelv
transported to the personal residence of the individual receivina the
effluent and used for the irriaation of veaetation. dust control. or waterina a
foundation.
L The effluent mav not be stored for future use.
&.-0. A resident usina effluent for the irriaation of veaetation or dust
control must post a sian on the property leaible from the street statina that
effluent is beina used on the propertv.
6:-~ Everv resident obtainina effluent under this subsection must either:
8':-1. Provide proof of and maintain in force a propertv liabilitv
insurance policv (homeowner/renter) in the amount of three
hundred thousand dollars 1$300.000.00) per occurrence. Or
b:-2. Sian a form orovided bv the Suoerintendent that releases the
Citv of Corpus Christi from any liabilitv resulting from the resident's
improper use or transportation of the effluent and aaree to hold the
Citv harmless. includina reimbursina the Citv for the costs of
defendina itself.
F:-(a) Everv Effluent Distribution Permit shall be subiect to the followina terms and
conditions and no person shall receive or distribute effluent water except in compliance
herewith:
(1) Container units or tanks shall have a minimum capacitv of 500 aallons: shall
be capable of beina closed water tiaht and shall be so closed durina transport of
effluent water: and shall be maintained in a leak-proof condition; provided.
R13717A5.wpd
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27
however. that special permits may be issued for container units with a capacitv of
less than 500 aallons upon the determination by the Wastewater Division
Superintendent that all other container unit specifications herein reauired have
been met and that the particular container unit does not create an increased risk
to the public health and safetv.
(2) No vehicle mav be used in connection herewith which has not been reported
on the application and approved for such use.
(3) Everv driver or handler must be certified by the Wastewater Division prior to
receivina anv effluent water from the Citv.
a. The Wastewater Division mav certify a driver or handler who has
completed a course of instruction on the handlina of wastewater effluent
that has been developed bv the Citv's Health Department.
(4) Effluent water shall be used as soon as possible to prevent rearowth of
bacteria.
a. Permittees shall check effluent water in their units not less than every
fOUr (4) hours for chlorine residual. except for effluent stored in fixed-site
containers which shall be checked not less than everv eiaht (8) hours.
(5) Chlorine residuals shall be maintained at one milliaram per liter loarts per
million) 11 ma/I lppm)l. consistent throuahout the effluent container.
(6) The minimum aualitv of the effluent must not exceed conditions on the use of
effluent set out in anv permits or authorizations issued to the Citv bv a federal or
state reaulatorv aaencv or the applicable reaulations of a federal or state
reaulatorv aaencv.
(7) Effluent containers. includina those used for storaae. shall be subiect to
inspection and approval of the Citv Health Deoartment or wastewater division.
whose inspectors are herebv authorized to prohibit the use of anv container or
effluent water which is determined to be outside the parameters established in
this section or is otherwise determined to present a danaer to public health.
(8) Everv permittee shall provide proof of and shall maintain in force a policv of
comprehensive aeneralliabilitv insurance in the amount of three hundred
tl'lotJ3and dollars ($300,000.00) per occurrence combined single limit ..ith a
deductible not to exceed one tl'lotJsand dollars ($1,000.00) specified by the Citv's
Risk Manaaer under Sec. 17-15: or shall maintain a policy of aeneral business
liabilitv insurance in the same or areater amount with a contractual liability
endorsement: and shall maintain a policv of automobile liabilitv insurance in the
minimum amounts set bv state law. The Citv shall be named as an additional
insured on the aeneralliability insurance policies.
R13717A5.wpd
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28
(9) Bv acceptance of a permit under this section and/or receipt of effluent water
from the Citv svstem. the permittee and/or recipient of such effluent aaree to fully
indemnifv. save and hold harmless. the Citv of Corpus Christi. Texas. its aaents
and emplovees. from and aaainst all claims and actions. and all expenses
incidental to the investiaation and defense thereof. based UDon or arising out of
damaaes or iniuries to person or propertv in anv wav related to or in connection
with the use or distribution of effluent water under this section.
(10) Permittees shall provide a written notice to everv person to whom effluent is
furnished which shall state in not less than ten point tvpe. substantiallv as
follows:
"CAUTION
"You are hereby advised that effluent water is the discharaed water from a
sewaae treatment plant. The Director of Public Health has determined
that improper use or handlina could be harmful and recommends the
followina precautions:
"1. Do not use effluent water for drinkina. bathina. or personal hyaiene
purposes.
"2. Do not use effluent water for washina autos. clothes. or other personal
contact items.
"3. Do not use effluent water in swimmina pools or for similar recreational
uses.
"4. Do not allow children to plav on arass wet with effluent water. wait until
it dries.
"5. Do not use effluent which has been stored for more than four (4) hours
unless the chlorine residual level has been tested and is not less than one
part per million 11 ma/lID.m.)].
"6. Application of effluent shall be by coarse stream and shall not be by
fine spray."
6:-(h) Violation of anv of the cautions set forth in subsection la)(10) of this section. by
anv person. is a violation of this section.
t+.-illYiolation of anv of the provisions of this section. in addition to the aeneral
penalties provided in this particle. shall result in denial or revocation of anv such
violator's Effluent Distribution Permit.
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29
Sec. 55-157. Operations plan for reservoir system.
To maximize the amount of water reliablv available to the Citv and its water customers.
the City Manaaer shall operate the Lake Corpus Christi/Choke Canyon Reservoir
Svstem as follows:
1. A minimum of 2.000 acre-feet per month will be released from Choke Canvon
Reservoir to meet conditions of the release aareement between the Citv of
Corpus Christi and the Texas Parks and Wildlife Department.
2. In order to provide maximum dependable yield from the two reservoirs. the
water level in Lake Corpus Christi will be allowed to drop to elevation 74 feet
before water is released from Choke Canyon Reservoir in excess of the 2.000
acre-feet per month reauirement.
Sees. 5515755-158 - 55-159. Reserved.
SECTION 2. That Section 2.1 of the Water Conservation and Drought Contingency
Plan, which is adopted by Section 55-156 of the Code of Ordinances is amended as
follows:
a. The first sentence of the introductory paragraph is revised to read as follows:
2.1 DROUGHT CONTINGENCY PLAN SUMMARY
The following steps will be taken starting when the combined water supply in Lake
Corpus Christi and Choke Canyon reservoirs necessitates. based on conditions existina
at the time reach a level ..here .....ater in storage is 40% or less of total storage capacity.
The plan proposes to meet a water shortage situation through a series of water demand
reduction measures supplemented by increasing supply through alternative water
sources.
* * * * *
b. The first sentence under Condition I is deleted.
2.1 DROUGHT CONTINGENCY PLAN SUMMARY
* * * * *
CONDITION 1-- WATER SHORTAGE Combined nater stored in the fe!8rvoiF3
POSSIBILITY is estimated to be 40% of total storage
capacit) .
* * * * *
R13717A5.wpd
30
c. The first sentence under Condition II is deleted.
* * * * *
CONDITION 11-- WATER SHORTAGE
WATCH
Combined vvstCf 3ul'ply in tke fC3cn,oirs
is less tn~ln 40% btJt greater than 30%
of total storage capacity and the City
Manager directs implementation in order
to protect rescr.oir storage levels.
* * * * *
d. The first sentence under Condition III is deleted.
* * * * *
CONDITION III -- WATER SHORTAGE
WARNING
Combined ..ater stored in the FeseRroir
system is eqtJal to or less than 30% of
total storage capacity, and the Ci~
Manager directs in1plementation in order
to protect reae....oir storage levels.
* * * * *
e. The first sentence under Condition IV is deleted.
* * * * *
CONDITION IV -- WATER SHORTAGE
EMERGENCY
~ter stJpply in rC3eRroirs is estimated
to be leas than 05,000 acre feet.
* * * * *
SECTION 3. That Section 2.2 of the Water Conservation and Drought Contingency
Plan, which is adopted by Section 55-156 of the Code of Ordinances is repealed.
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. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 55-155 of the City Code of
Ordinances, as adopted by Section 1 of this ordinance.
R13717A5.wpd
"
,-, _.,...~_._--,._----
-'-,.
31
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.
R13717A5.wpd
-~
32
That the foregoing ordimwce was read for the first time and passed to its second
reading on this the \;:')" 'day of '--f(lCLt' (1\ , 2001, by the following vote:
Samuel L. Neal, Jr. ~ Rex A. Kinnison o.b.61.t'd--
Javier D. Colmenero CLf Betty Jean Longoria ~
Melody Cooper ~f John Longoria =+
Henry Garrett Mark Scott
Dr. Arnold Gonzales 4-
That the f2.~egoing ordinance was read for the second time and passed finally on this
the ,9-iJ' Bay of ,YIO...rch , 2001 by the following vote:
C-3 R~A. K;oo;,," +
Betty Jean Longoria
John Longoria
Samuel L. Neal, Jr.
Javier D. Colmenero
Henry Garrett
Mark Scott
Melody Cooper
Dr. Arnold Gonzales
{h.. /h/\. I '
PASSED AND APPROVED, this the Jo day of / Y ~... , 2001.
ATTEST: ~ .~
Armando Chapa r
City Secretary
oil,
I day of
4-4~
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED:
./ltC! ,^ c. /]
,2001:
James R. Bray, Jr." City Att~
By: ~~ ~~
R. Ja e' ing
First As stant City Attorney
R13717A5.wpd
024398
"
State of Texas
County of Nueces
FINANCE DEPARTMENT
91 APR -9 AH II: , ,
}
}
PUBLISHER'S AFFIDAVIT
ss:
CITY OF CORPUS CHRISTI
Ad # 3769233
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Klebcrg,
Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of
MARCH. 2001.
o rct, No - OtlJi Gq ~
TWO (2 ) Time(s)
~ '4 S' (I~
Credit crmer Service Manager
$115.76
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Subscribed and sworn to me on the date of
;=~
Notary Public, Nueces County, Texas
Connie Haralson
Print or Type Name of Notary Public
My commission expires on 05/ 14/01.
,
ICotpus ChAsli
, tl
1'~OT,':'t:S
Monda . March 26. 2001
NOTICE OF PASSAGE
OF OAOtNANCE NO.
,,0243l18
rdinance amendir,g the
~ofOnli_,City
of Corpus Christl, by
reviling Article XII,
Water Conservation,
Chapter 55, UtiHttes,. to
establish automatic
water conservation
measure, to codify the
rules governing drought
contingencies and
9stabtishing permanent
water conservation
measures, and to direct
an operations plan for
the reservoir system;
amending the Water
Conservation and
Drought Contingency
Plan by deleting the
references to specific
reservoir levels in
Section 2.1 of the
Drought. Contingency
Plan; amending the
Water Conservation and
Drought Contingency
Plan by repealing
Section 2.2 of the
Drought Contingency
Plan; revising and
clarifying certain other
provisions of Article XII
of Chapter 55; providing
for penalties; providing
for severance. This
ordinance was passed
and approved by the City
Council of the City of
Corpus Christi on ~arch
20. 2001.
Is! """"ndo ChIpa
City Sec-.y
of CorpU8 Christi i
,