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HomeMy WebLinkAbout026542 ORD - 11/15/2005 AN ORDINANCE AMENDING SECTION 55-151, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING THE CITY'S WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, under the Texas Commission on Environmental Quality's rules in 30 TAC 288.20, a Drought Contingency Plan for Municipal Uses by Public Water Suppliers must Include specific, quantified targets for water use reductions to be achieved during periods of water shortage and drought; WHEREAS, the City of Corpus Christi is an entity that is required to prepare a Drought Contingency Plan for Municipal Uses by Public Water Suppliers; WHEREAS, the City's current drought contingency plan, which does not establish specific, quantified targets for water use reductions, is being amended to adopt specific, quantified targets; WHEREAS, the City Council specifically recognizes that the specific, quantified targets for water use reductions are merely goals, and are not specific requirements that must be met; WHEREAS, specific, quantified targets for water use reductions are not enforceable by the Texas Commission on Environmental Quality; WHEREAS, under the Texas Commission on Environmental Quality's rules in 30 TAC 288.22, a Drought Contingency Plan for Wholesale Water Suppliers must include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought. the water to be distributed shall be divided in accordance with Texas Water Code, ~11.039; WHEREAS, the City of Corpus Christi is an entity that is required to prepare a Drought Contingency Plan for Wholesale Water Suppliers; and WHEREAS, the City's current drought contingency plan, which does not include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought. the water to be distributed shall be divided in accordance with Texas Water Code, ~11.039, IS being amended to include the specific language required; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-151(a), Code of Ordinances is revised to read as follows: U;:fi;:) 42 2 "Sec. 55-151. Water conservation and drought contingency plan. '!a) The City of Corpus Christi Water Conservation and Drought Contingency Plan 2005, dated April 26, 2005, as amended on November 15, 2005, a true copy of which is )n file in the office of the city secretary, is adopted, and shall be followed in matters ~oncerning water conservation, drought management, and water supply enhancement orograms." SECTION. 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 )f 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 ntent of this City Council that every section, paragraph, subdivision, clause, phrase, Nord or provision of this ordinance be given full force and effect for its purpose. SECTION. Publication shall be made in the official publication of the City of Corpus Chnsti as required by the City Charter of the City of Corpus Christi. SECTION. 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 mmediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordillances at two regular meetings so that this ordinance is passed and takes effect Jpon first reading as an emergency measure on this the ~day of JV~ .2005 Ii' ~ " / Y OF CORPUS CHRISTI ~ ATTEST: Armando Chapa City Secretary APPROVED: This 10th day of November, 2005: --,,', -'/~ .../~-7 R J~ R ining // First Assistant City1utorney For City Attorney EFFECTIVEOATE -...UJ;;"'/05 R53809A1DOC 3 Corpus Christi, Texas 12'1'- day of1\~ 2005 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, Jb.~ H nry Gar tt Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett -L1f-- Brent Chesney -~ Melody Cooper ~ Jerry Garcia .4= Bill Kelly Rex A. Kinnison .~ John Marez ~-~ Jesse Noyola ~*- Mark Scott --~ R53809A 1.DOC O~h:)42 PUBLISHER'S AFFIDAVIT I: (, e', r" . ! l', ..'~.. t.' ;.. r \ i ~ i r~ll : t ~ State of Texas County of Nueces CITY OF CORPUS CHRISTI 05 NO\f 2q ~.M 10: 57 Ad # 5353514 PO # ss: Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who bemg first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 21ST day(s) of NOVEMBER,2005c $79.70 bLCU1J;L (fj iw#.5~ SENIOR COLLECTOR TWO (2 j Time(s) Subscribed and sworn to me on the date of NOVEMBER 22, 2005. , Jiau ))~Jhflrl(lJu,6- . <;L N~tary Public', Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. CALLER-Tn.. ~ .1I8tIIIIY ' .k.~'uJJt........ , 'f~ . ~NO. G2IIG Orclk\a~ ..ndIng gec:tIon "'11, CMll Gf City of C. I,