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Home My WebLink About024605 ORD - 10/09/2001 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING SECTION 55-159.1 TO ARTICLE XII, WATER CONSERVATION, OF CHAPTER 55, UTILITIES, TO ESTABLISH PROCEDURES FOR DISTRIBUTING WATER TO RAW WATER OR WHOLESALE TREATED WATER CUSTOMERS ON A PRO RATA BASIS DURING A WATER SHORTAGE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XII of Chapter 55 Code of Ordinances is amended by adding an new Section 55-159.1 to read as follows: ARTICLE XII, WATER CONSERVATION * * * * * * Sec. 55-159.1. Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) Method of allocating water. In the event that the levels in the Lake Corpus Christi/Choke Canyon Reservoir system are below 15% of the combined reservoir capacity, the City Manager may initiate allocation of water supplies to raw water and wholesale treated water customers on a pro rata basis under Texas Water Code Section 11.039 and the following water allocation policies and procedures: (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the City Council based on the City Manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the City Council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five year period, as shown in the example given below. If the raw water or wholesale treated water customer's billing history is less than five years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. R 13752A3. wpd ,. ') .. L: O' r: 1...} (_ (1 u ,"" . . '-r' 2 1996 1997 1998 1999 2000 SUM AVE IALLO- MONTHLY CATION ALLO- CATION Jan 133 137 146 148 156 720 144 0.75 108 Feb 115 122 133 133 147 650 130 0.75 98 March 130 150 146 149 159 1370 146.8 0.75 110.1 Anrll 130 167 168 157 187 809 161.8 0.75 121.35 Mav 160 152 179 183 171 845 169 0.75 126.75 June 226 184 172 205 249 1654 207.2 0.75 155.4 Julv 235 274 232 314 246 1301 260.2 0.75 195.15 Aun 222 203 206 337 309 1277 255.4 0.75 191.55 Sent 199 160 196 229 198 2578 196.4 0.75 147.3 Oct 165 172 197 165 185 884 176.8 0.75 132.6 Nov 139 142 149 155 162 747 149.4 0.75 112.05 Dee 142 143 150 156 165 1631 lS1.2 0.75 113.4 Total 1996 2006 2074 2331 2334 2018.2 (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Natural Resource Conservation Commission upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Enforcement. During any period when pro rata allocation of available water supplies is in effect, raw water or wholesale treated water customers shall pay the following surcharges on excess water diversions and/or deliveries: (1) One and a quarter (1.25) times the normal water charge per acre-foot for water diversions or deliveries in excess of the monthly allocation up through ten percent above the monthly allocation. (2) Two (2) times the normal water charge per acre-foot for water diversions and/or deliveries more than ten percent above the monthly allocation. R13752A3.wpd .. .. - "'.....--.---.-.-,.---.--,..,- ".. '__"_""'""-"--'~-".""'."--'"~'~"-"~~'-'-" .--.--....,,-., ..,- 3 (3) The above surcharges shall be cumulative. (c) Variances. (1) The City Manager, or the City Manager's, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one or more of the following conditions are met: a. Compliance with the Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the City Council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the City Council shall be subject to the following conditions, unless waived or modified by the City Council. a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. R13752A3.wpd l' . ...... -.--....."...-.--.----..--.. .._..__.---------~ 4 c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the City under any contract with a raw water or wholesale treated water customer due to the customers failure to adopt or impose water conservation measures required by the contract. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final 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 3. 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 2 of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance)s, passed an~:ks effect upon first reading as an emergency measure on this the C l' day of . ~ 2001. ~~ City Secretary APPROVED: This 4th day of October, 2001: THE CITY OF CORPUS CHRISTI ~..,.~ ~ Samuel L. Neal, Jr. Mayor R13752A3.wpd - - 5 Corpus Christi, Texas ~ day of (()!Jb.PIYv2001 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, d- '--~~A1riJ7 Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott R13752A3.wpd T I iJJl'-~ fu/L a-,~ {Lvy (Lr-jI ./ rL/~ rJl./jQrJc tt~/ (h)L / Ii" 11 i'O~ - (. ,~) u ~. I" );/~.:>~~~". i:~~:- ~(T?'i:_-: I PUBLISHER'S AFFIDAVIT o I OCT 18 ~:! Ii: 0 i; State of Texas County of Nueces ) } ss: CITY OF CORPUS CHRISTI Ad # 3977087 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, Kleberg, Live Oak, Nueces, Refugio, San Patricio, 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 15TH day(s) of OCTOBER, 2001. Ovcl. No - Ol-Y(QOeJ Co,..~us Chrsll eaDer-Times, Monday, October 15, 20011D7 ~ . !? ~~ NOTlCEQfP-'$$AGE' Cred t C~~~~r Service Man er OF OADINANtIl NO. , 024605 Ordinance amending \he C\IdO 01 0_, CIW of Corpu. Chrisd, b~ adding SectIOn 55- 159.1 to Artlcla XII. 'Wtder Conservalon, of en.- 55, Uti_, \0 estabftsh procedur'e8 for dtItrIbuting water to l'IIW water or wholesale treated water eustomers on . pro rata baslo during a water shortaae: prov\dIhg for penaltln. This ordinance was p~ and .approvad by the City Council of "- the City of Corpuo 0'-'" ,.,. ChrIeti on Octotiar 9. 04.2H"" ,.' 2001.' "' "..",/1 101 Armando. Chapa "- Clty_ry CIty of Corpus Chrleti Subscribed and sworn to me on the date of OCTOBER 16. 2001. c?~ Yna/lUL ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. -,