HomeMy WebLinkAbout031355 ORD - 01/30/2018 Ordinance revising Drought Contingency Plan; Amending City Code of
Ordinances,Chapter 55,Article XII Water Resource Management, regarding
water resource management including drought restrictions, providing an
effective date of February 8, 2018Feb �r �-1-8; and providing for
penalties.
Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource
Management,are amended,with the new text shown in underlined redline text,and the deleted text shown
in redline strike-through text,as follows:
ARTICLE XII. -WATER RESOURCE MANAGEMENTu
Footnotes:
---(7)---
Editor's note—Ord. No. 24396, § 1, adopted Mar. 20. 2001, amended art. XII, in its entirety, to read as
herein set out. Former art. XII pertained to similar subject matter. See the Code Comparative Table.
Sec.55-150. -Scope, purpose,authorization,and definitions.
(a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought
Contingency Plan. The City of Corpus Christi Water Conservation Plan approved on May 28, 2013
and the Drought Contingency Plan 20173, dated May 28January 30, 2018 , as
amended by ordinance,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) Declaration of policy.
(1) It 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.
(2) In 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 assistant city
manager, public works and utilities, is hereby authorized and directed to implement the applicable
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provisions of this article upon their determination that such implementation is necessary to protect the
public welfare and safety.
(d) Definitions. The following terms used in this article are defined as follows:
(1) "City manager"means the city manager or the city manager's designee.
(2) "Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels
directly to the soil.
(3) "Fountain"means an artificially created jet or stream of water; a structure, often decorative,from
which a jet or stream of water issues.
(4) "Industrial customers use of water for processing"means the use of water in processes designed
to convert materials of lower value into forms having greater usability.
(5) "Non-essential purpose"means water uses that are not essential or not required for the protection
of public health, safety and welfare.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-
2013; Ord. No. 030545, § 1, 7-14-2015)
Sec. 55-151. -Water conservation measures at all times.
(a) The following measures are year-round water conservation best management practices that are in
effect at all times, regardless of the reservoir levels or drought contingency levels:
(1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be
enforced. No person shall:
a. Allow water to run off property into gutters or streets.
b. Permit or maintain defective plumbing in a home, business establishment or any location
where water is used on the premises. Defective plumbing includes out-of-repair water
closets, underground leaks, defective or leaking faucets and taps.
c. Allow water to flow constantly through a tap,hydrant,valve,or otherwise by any use of water
connected to the city water system.
d. Use any non-recycling decorative water fountain.
e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways,
parking lots,and sidewalks in public rights-of-way.
f. Operate an irrigation system at water pressure higher than recommended,causing heads to
mist, or to operate with broken heads.
(2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m.
and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless
the city enters Reservoir System Stage 34 Brought. However,the use of water is permitted at any
hour for short periods of time for testing related to the installation, maintenance, and repair of
sprinkler systems.
(3) Restaurant water saving:Commercial dining facilities must only serve water upon request.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26-
2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1,4-28-2009; Ord. No. 029846, §
3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013)
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•
Sec. 55-152. -Drought management: Reservoir SystemDrought stages.
(a) The level of reservoir systemdrought severity determines the extent of potential water use restrictions
that shall be implemented. Following are the levels of reservoir systemdreught in the form of stages:
(12) Stage 12: Mild water shortage watch.,•::: - : - _ .•e•-e: -_•_ _•.
(22) Stage 23: Moderate water shortage condition. -- • - - - -. -: -•.
(34) Stage 34: Critical water shortage condition.
(45) Stage 45: Emergency water shortage condition.
(b) Criteria for initiation and termination of reservoir systemdrought response stages:
(1) The city manager,or designee,shall monitor water supply and/or demand conditions on a weekly
basis and shall determine when conditions warrant initiation or termination of each stage,that is,
when the specified "triggers"are reached. However, the city manager, in the exercise of the city
manager's discretion, may initiate or terminate any stage when the city manager deems
necessary at any particular time.
(2) The triggering criterion to be monitored for determining reservoir systemdrought response stages
is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi.
(3) Whenever any of the stages listed below are triggered, the city manager shall publish a public
notice of the particular stage, in the daily newspaper of general circulation in Nueces County.
(4) To the extent of city's legal authority, the city manager shall require the city's raw water and
wholesale treated water customers to issue public notice advising their water customers of
conservation and drought management activities consistent with the stages listed below.
(c) The triggering criterions are as follows:
(12) Stage 12-Mild water shortage watch:, ::_ - _ - _ _• .__ -_•-
Requirements for initiation -The combined storage level for Choke Canyon Reservoir and Lake
Corpus Christi declines to below forty(40)per-cent.
Requirement for termination-Stage 12 of the plan may be rescinded when the combined storage
level increases above fifty (50) per-cent e - _ .. _ •--• _ .. . - e- . -__
(23)_ Stage 23-Moderate water shortage condition:-: : _ - : -•:-
Requirements
Requirements for initiation -The combined storage levels declines to below thirty(30)per cent.
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Requirement for termination-Stage 23 of the plan may be rescinded when the combined storage
level increases above forty (40) per-cent, e . _ .. e - .e.•-:.. • _ e. . Upon
termination of Stage 23, Stage 12 becomes operative.
(34) Stage 34-Critical water shortage condition:
Requirements for initiation -The combined storage levels of Choke Canyon Reservoir and Lake
Corpus Christi declines to below twenty(20)per cent.
Requirement for termination-Stage 34 of the plan may be rescinded when the combined storage
level increases above thirty (30) per-cent, for a :- •e_ ••--• _ .e• .. ' - e. . Upon
termination of Stage 34, Stage 23 becomes operative.
(45) Stage 45-Emergency water shortage condition:
Requirements for initiation-When the city manager, or designee,determines that a water supply
emergency exists based on:
• A major water line breaks, or pump or system failures occur, which causes unprecedented
loss of capability to provide water service; or
• Water production or distribution system limitations; or
• Natural or manmade contamination of the water supply source occurs.
Requirement for termination -The emergency water shortage condition may be rescinded when
the city manager, or designee, deems appropriate.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28-
2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015)
Sec. 55-153. -Drought management: Reservoir systemDreught best management practices per stage.
(a) In order to achieve water use redustion-reductionsduring drought, a series of best management
practices will be enacted and enforced at each reservoir system stage stageofa-draught. These best
management practices (BMP) are listed below by stage. During Stages 12, 23, and 34, requests for
exceptions may be presented to the director of water operations or his designee.
nonpotable uses to the greatest extent possible.
per-week.-The watecing--sehedule will-be-determined by the city manager or designee.
c. Water customers are requested to practice water conservation and to minimize or
(bG) Stage 12 response—Mild water shortage watch. ___ - . - _ •_ -._ -. .•
(1) Target: During Stage 12, achieve a ten (10) per-cent reduction in daily treated water demand
relative to treated water demand with the water use restrictions below.
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(2) _ -•-e:":' -- '-_ . -... "-'-e•—:' : • -e. e Tthe best management
practices for supply management: ' the city will also do the following during
Stage 12:
a. Use more repair crews if necessary to allow for a quicker response time for water-line leak
repair; and
b. City crews (water and other departments) begin monitoring customers' compliance with
Stage 12 restrictions during the course of their daily rounds.
(3) The following water use restrictions shall apply to all persons during Stage 12:
a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall
be limited to once per week. The watering schedule will be determined by the city manager
or designee. Customers will be made aware of their designated watering day in accordance
with drought contingency plan.
However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-
held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5)
gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this
restriction may be permitted, upon review and approval by the director of water operations
or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable
gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not
apply to customers irrigating with well water or an aerobic septic system. Customers
irrigating with well water or an aerobic septic system must apply for a permit from the city
water department to be prominently posted on the premises within two(2)feet of the street
number located on the premises.
b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities
necessary to maintain public health, safety and welfare, except that use of water from
designated fire hydrants for construction purposes may be allowed under special permit from
the City of Corpus Christi Water Department.
c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except
on designated watering days. However, if the golf course utilizes a water source other than
that provided through City of Corpus Christi Water Department infrastructure,the facility shall
not be subject to these regulations.
d. The use of water to maintain integrity of building foundations is permitted on any day at any
time only by use of hand-held hose or drip irrigation.
e. Except for immediate fire protection or flushing of water lines,the use of water from a hydrant
is only allowed with a permit granted by the director of water operation or his designee and
a construction meter obtained from the utility business office.
(cd) Stage 23 response-ModerateSevere water shortage conditions.
(1) Target: During Stage 23, achieve a fifteen (15) per-cent reduction in total daily treated water
demand relative to treated water demand with the water use restrictions below.
(2) Best management practices for supply management: In addition to the best management
practices for supply management listed under Stage 12,the city will also do the following during
Stage 23:
a. Eliminate the flushing of water mains unless required for decontamination and/or public
safety; and
b. Review customers' water usage for compliance based on the previous month's water use
and notify violators verbally or in writing as the situation dictates.
(3) Water use restrictions for demand reduction: All requirements of Stage 12 shall remain in effect
during Stage 23 except as modified below:
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a. Irrigation of landscaped areas shall be limited to once every other week. The watering
schedule will be determined by the city manager or designee.Customers will be made aware
of their designated watering day. However, irrigation of landscaped areas is permitted on
any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled
bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive
shutoff device. Exceptions for this restriction may be permitted, upon review and approval
by the director of water operations or his designee,for the following uses: new plantings(for
up to sixty(60) days), vegetable gardens, athletic playing fields, and botanical gardens. In
addition, this restriction does not apply to customers irrigating with well water or an aerobic
septic system. Customers irrigating with well water or an aerobic septic system shall still
apply for a permit from the city water department to be prominently posted on the premises
within two(2)feet of the street number located on the premises.
b. The watering of golf course fairways with potable water is prohibited.The watering of greens
and tees are limited to once every other week unless the golf course utilizes a water source
other than that provided through City of Corpus Christi Water Department infrastructure or
done by means of hand-held hoses, hand-held buckets, or drip irrigation.
(4) During Stage 23, the following measures are optional water use restrictions that may be
implemented by the city manager, or designee, with city council approval, as conditions warrant:
a. For residential and multi-unit customers, a drought surcharge of up to and including one
hundred (100) per-cent of the total monthly water bill over the monthly allocation may be
added to the customers'bill to deter discretionary water use.
(e) Stage 34 response-Critical water shortage conditions.
(1) Target: During Stage 34, achieve a thirty(30)per-cent or greater reduction in daily treated water
demand relative to treated water demand with the water use restrictions below. An additional
surcharge will be added to each utility bill during Stage 34 water shortage conditions to discourage
discretionary water use, as described in section 55-154 for retail customers and section 55-159
for wholesale customers.
(2) Best management practices for supply management: In addition to the best management
practices for supply management listed under Stage 23,the city will also do the following during
Stage 34:
• Upon written notice, disconnect the water meters of willful violators if absolutely necessary
to prevent the deliberate wasting of water.
(3) Water use restrictions for demand reduction:All requirements of Stage 12 and 23 shall remain in
effect during Stage 34 except as modified below:
a. Irrigation of landscaped areas shall be prohibited at all times.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not
occurring on the premises of a commercial car wash and not in the immediate interest of
public health, safety, and welfare is prohibited.
c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type
pools, and water parks (unless utilizing water from a non-city alternative source) is
prohibited.
d. The use of water to maintain the integrity of a building foundation is still permitted on the
designated Stage 23 watering day and shall be done by hand or drip irrigation method.
e. All fountains shall only operate to circulate water in order to maintain equipment.
f. The use of water for construction purposes from designated fire hydrants with a special
permit will continue with a ten(10)per-cent surcharge added to the water rate.
(4) During Stage 34, the following measures are optional water use restrictions that may be
implemented by the city manager, or designee,with city council approval, as conditions warrant:
Page 6
a. No application for new, additional, expanded, or increased-in-size water service
connections, meters, service lines, pipeline extensions, mains, or water service facilities of
any kind shall be approved, and time limits for approval of such applications are hereby
suspended for such time as this drought response stage shall be in effect.
b. For residential and multi-unit customers, a drought surcharge of up to and including one
hundred (100) per-cent of the total monthly water bill over the monthly allocation may be
added to the customers'bill to deter discretionary water use.
(f) Stage 45 response-Emergency water shortage conditions.
(1) Target: During Stage 45, achieve a fifty(50) per-cent or greater reduction in daily treated water
demand relative to treated water demand with the below water use restrictions. Surcharges and
reduced allocations are enforceable during Stage 54 water shortage conditions, as described in
section 55-154.
During emergency conditions such as system outage, supply source contamination, or supply
sources draining empty, alternative water sources and/or alternative delivery mechanisms may
be necessary with prior approval of the city manager. For emergency water shortage conditions
associated with contamination of Nueces Basin stored supplies,the city, under the city manager's
direction, will cease pumping from the Nueces River and will contact the LNRA to identify
additional, temporary water that may be available from Lake Texana on a short-term basis to
meet essential water needs. For emergency water shortage conditions associated with
contamination of Lake Texana supplies, the city, under the city manager's direction, will cease
pumping from the Mary Rhodes Pipeline.
(2) Best management practices for supply management: In addition to the best management
practices for supply management listed under Stage 34,the city will also do the following:
• Call the ten (10) largest water customers in the area affected by the emergency condition,
and if necessary, use runners in key areas to begin spreading the message of a major
outage.
(3) Water use restrictions for demand reduction: During Stage 45, all requirements of Stage 12, 23,
and 34 shall remain in effect except as modified below:
a. Irrigation of landscaped areas is absolutely prohibited.
b. Use of water to wash any motor vehicle,motorbike,boat,trailer,or other vehicle is absolutely
prohibited.
c. Associated uses of water not related to business process which are discretionary, such as
equipment washing, shall be deferred until the Stage 5 emergency has been terminated.
(4) During Stage 45, the following measures are optional water use restrictions that may be
implemented by the city manager, or designee,with city council approval, as conditions warrant:
For residential and multi-unit customers, a drought surcharge of up to and including one hundred
(100) per cent of the total monthly water bill over the monthly allocation may be added to the
customers' bill to deter discretionary water use.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28-
2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015)
Sec. 55-154. -Surcharges for reservoir systemelfetig14 Stages 23, 34 and 44,and service measures.
(a) General.
(1) The surcharges established herein are solely intended to regulate and deter the use of water
during a period of serious drought in order to achieve necessary water conservation. The city
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council expressly finds that the drought poses a serious and immediate threat to the public and
economic health and general welfare of this community, and that the surcharges and other
measures adopted herein are essential to protect said public health and welfare.
(2) This section, and the surcharges and measures adopted herein are an exercise of the city's
regulatory and police power, and the surcharges and connection fees are conservation rates
intended to meet fixed costs as a result of lost revenue.
(3) With city council approval,the city manager or designee is authorized to determine trigger points
and surcharges during Stages 23, 34 and 45 emergency water shortage conditions.
(4) In this section,institutional customer means city utility customer which operates as a not-for-profit
entity.
(5) A customer may appeal an allocation or drought surcharge triggering point established under this
section to the director of water operations or his designee on grounds of unnecessary hardship
through the process outlined in section 55-155.
(6) Reservoir systemDrought surcharge funds will first be applied towards annual debt service
payments and operating and maintenance expenses of the water department as reflected in the
city operating budget to offset revenue loss due to drought conditions. Additional funds will be
reported to city council for city council direction.
(b) Residential water customers, who are not billed through a master water meter.
(1) A monthly base amount of three thousand (3,000)gallons shall be established as a trigger point
for each customer.Water consumption up to and including this amount will not include a drought
surcharge.
(2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council
approval, a drought surcharge shall be added up to and including one hundred (100) per-cent of
the customer's total monthly water bill over the allocation.
(c) Residential customers who are billed from a master water meter.
(1) Once Stage 12 condition has been declared, property managers of multi-tenant units shall notify
the city director of water operations of number of residential units in their facility for determination
of allocations. Until so notified, the city shall calculate the allocation based on two(2)residential
units per master water meter.A monthly base amount of three thousand (3,000)gallons shall be
established as a trigger point for each residential unit.
(2) When consumption for the month is less than or equal to three thousand (3,000) gallons times
the number of residential units, there will be no surcharge.
(3) With city council approval, when consumption is above the three thousand (3,000)gallons times
the number of units, a drought surcharge shall be added up to and including one hundred (100)
per cent of the customer's total monthly water bill over the allocation.
(d) Commercial or institutional customer.
(1) A monthly water usage allocation shall be established by the city manager or designee for each
commercial or institutional customer.
(2) Method of establishing allocation:
a. When the combined reservoir capacity is less than twenty (20) per-cent of total capacity
(Stage 34),the commercial or institutional customer's allocation shall be ninety(90)per-cent
of the customer's usage for the corresponding month's billing period during the previous
twelve(12)months prior to the implementation of Stage 2 1 condition.
b. If the customer's billing history is shorter than twelve(12) months, the monthly average for
the period for which there is a record shall be used for any monthly period for which no
history exists.
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c. Provided, however,a customer,ninety(90)per-cent of whose monthly usage is less than six
thousand(6,000)gallons, shall be allocated six thousand(6,000)gallons.
d. The city manager shall give best effort to see that notice of each commercial or institutional
customer's allocation is mailed to such customer.
e. If, however, the customer does not receive such notice, it shall be the customer's
responsibility to contact the city' utilities billing office to determine the allocation, and the
allocation shall be fully effective notwithstanding lack of receipt of written notice.
f. Upon request of the customer or at the initiative of the city manager, the allocation may be
reduced or increased by the city manager:
1. If one (1) nonresidential customer agrees to transfer part of its allocation to another
nonresidential customer; or
2. If other objective evidence demonstrates that the designated allocation is inaccurate
under present conditions.
(e) Industrial customers, who use water for processing.
(1) A monthly water usage allocation shall be established by the city manager or designee for each
an industrial customer, which uses water for processing(e.g., an industrial customer).
(2) Method of establishing allocation.
a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi
is less than twenty (20) per-cent of total capacity (Stage 34), the industrial customer
allocation shall be ninety(90)per-cent of the customer's usage for the corresponding month's
billing period during the previous twelve(12)months prior to the implementation of Stage 12
condition.
-- ---- b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation
shall be one-twelfth of ninety(90) per-cent of the customer's maximum annual contracted
amount until twelve(12) months of billing history are established. However if the industrial
customer does not have a water contract and does not have at least twelve(12) months of
billing history, then the new industrial customer will provide data regarding expected water
use and city will determine allocation based on ninety (90) per-cent of expected use to
determine initial allocation until twelve(12)months of billing history are established.
c. The city manager shall give his best effort to see that notice of each industrial customers
allocation is mailed to such customer.
d. If, however, the industrial customer does not receive such notice, it shall be the customer's
responsibility to contact the city utilities billing office to determine the allocation, and the
allocation shall be fully effective notwithstanding lack of receipt of written notice.
e. Upon request of the industrial customer or at the initiative of the city manager,the allocation
may be reduced or increased by the city manager, if:
1. The designated period does not accurately reflect the customer's normal water usage
because customer had to shut down a major processing unit for overhaul during the
period.
2. The customer has added or is in the process of adding significant additional processing
capacity.
3. The customer has shut down or significantly reduced the production of a major
processing unit.
4. The customer has previously implemented significant permanent water conservation
measures.
5. The customer agrees to transfer part of its allocation to another industrial customer.
Page 9
6. Other objective evidence demonstrates that the designated allocation is inaccurate
under present conditions.
(f) Commercial, institutional, and industrial customers shall pay the following reservoir systemht
surcharges:
(1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000)
gallons per month:
a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000)
gallons over allocation.
b. Eight dollars($8.00)per one thousand(1,000)gallons for the second one thousand (1,000)
gallons over allocation.
c. Sixteen dollars($16.00)per one thousand(1,000)gallons for the third one thousand(1,000)
gallons over allocation.
d. Forty dollars($40.00)for each additional one thousand(1,000)gallons over allocation.
(2) Customers whose allocation is twenty-one thousand(21,000)gallons per month or more:
a. One(1)times the block rate for each one thousand(1,000)gallons in excess of the allocation
up through five(5)per-cent above allocation.
b. Three (3)times the block rate for each one thousand (1,000) gallons from five(5) per cent
through ten(10)per-cent above allocation.
c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent
through fifteen(15)per cent above allocation.
d. Ten (10)times the block rate for each one thousand (1,000) gallons more than fifteen (15)
per-cent above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate" means the charge to the customer per one thousand (1,000)
gallons at the regular water rate schedule at the level of the customer's allocation.
(g) Nonresidential customer is billed from a master meter.
(1) When a nonresidential customer is billed from a master meter which jointly measures water to
multiple residential dwelling units (for example: apartments, mobile homes), the customer may
pass along any surcharges assessed under this plan to the tenants or occupants, provided that:
a. The customer notifies each tenant in writing:
1. That the surcharge will be passed along.
2. How the surcharge will be apportioned.
3. That the landlord must be notified immediately of any plumbing leaks.
4. Methods to conserve water(which shall be obtained from the city).
b. The customer diligently maintains the plumbing system to prevent leaks.
c. The customer installs water saving devices and measures (ideas for which are available
from the city)to the extent reasonable and practical under the circumstances.
(h) For residential customers, the following measures come into effect after city council approves a
drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 34.
Water service to the customer may be terminated under the following conditions:
(1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more
two(2)or more times(which need not be consecutive months).
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(2) Monthly water usage on a master meter which jointly measures water usage to multiple residential
dwelling units exceeds trigger point by four thousand(4,000)gallons times the number of dwelling
units or more two(2)or more times(which need not be consecutive months).
(3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000)
gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand
(7,000)gallons or more two(2)or more times(which need not be consecutive months).
(4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand
(21,000) gallons or more exceeds its allocation by fifteen (15) per-cent or more two (2) or more
times(which need not be consecutive months).
(5) For residential customers and nonresidential customers, after the first disconnection, water
service shall be restored upon request for a fee of fifty dollars($50.00).
(6) For such customers,after the second disconnection,water service shall be restored within twenty-
four(24)hours of the request for a fee of five hundred dollars($500.00).
(7) If water service is disconnected a third time for such customer,water service shall not be restored
until the city re-enters a level of water conservation less than Stage 23. For master meter
customers, the service restoration fees shall be the same as above times the number of dwelling
units.
(8) The city manager is directed to institute written guidelines for disconnection of water service under
this provision,which will satisfy minimum due process requirements, if any.
(i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water
used over allocation resulted from loss of water through no fault of the customer(for example,a major
water line break)for the following conditions:
(1) The customer shall have the burden to prove such defense by objective evidence(for example,
a written certification of the circumstances by a plumber).
(2) A sworn statement may be required of the customer.
(3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the
plumbing system, failed to reasonably inspect the system and discover the leak, failed to take
immediate steps to correct the leak after discovered,or was in any other way negligent in causing
or permitting the loss of water.
(j) When this section refers to allocation or water usage periods as "month," monthly," "billing period,"
and the like,such references shall mean the period in the city's ordinary billing cycle which commences
with the reading of a meter one month and commences with the next reading of that meter which is
usually the next month.
(1) The goal for the length of such period is thirty(30)days, but a variance of two(2) days, more or
less, will necessarily exist as to particular meters.
(2) If the meter reader system is prevented from timely reading a meter by any obstacle which is
attributable to the customer, the original allocation shall apply to the longer period without
modification.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-
2013)
Sec. 55-155. -Requests for exemptions and variances.
(a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of
the provisions for water users found in this article XII upon determination that failure to grant such
variance would cause an emergency condition adversely affecting the public health, sanitation, or fire
protection for the public or person requesting such a variance.
Page 11
(b) A person requesting an exemption or variance from the provisions of this article shall file request on
city-provided application for exemption/variance with the city water department within five (5) days
after a particular reservoir system #at response stage has been invoked. All request forms shall
be reviewed by the director of water operations or his designee, and shall include the following:
(1) Name and address of the water user(s).
(2) Purpose of water use.
(3) Specific provision(s)of the ordinance from which the water user is requesting relief.
(4) Detailed statement as to how the specific provision of the ordinance adversely affects the water
user or what damage or harm will occur to the water user or others if water user complies with
this plan.
(5) Description of the exemption or variance requested.
(6) Period of time for which the exemption or variance is sought.
(7) Alternative water use restrictions or other measures the water user is taking or proposes to take
to meet the intent of this plan and the compliance date.
(8) Other pertinent information; or as required on permit application.
(c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring
prior to the issuance of the exemption/variance.
(d) All requests for variances/exemptions shall be reviewed and determined within three(3)business days
of receipt of complete application.
(e) The director of water operations or his designee shall consider requests of water users for special
consideration to be given as to their respective particular circumstances and is hereby authorized to,
in special cases, grant such variance from the terms of this plan if such compliance would cause an
emergency condition adversely affecting the public health, sanitation, or fire protection for the public
or person requesting such a variance as will not be contrary to the public interest, where, owing 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 justice done.
(f) Should a permit for special exception be granted, it shall be in effect from the time of granting through
the termination of the then current stage, unless revoked by the director of water operations for
noncompliance; provided,that the permit is prominently posted on the premises within two(2)feet of
the street number located on the premises.
(g) A person denied request for permit or exception from these rules may appeal the decision to the
assistant city manager for public works, utilities and transportation by submitting written request for
appeal to the assistant city manager within five(5)business days from issuance of denial.The decision
of the assistant city manager shall be final.
(h) Violations of any permit condition may be enforced under section 55-156.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28-
2013; Ord. No. 029946, § 1, 9-10-2013)
Sec. 55-156. -Violations, penalties,and enforcement.
(a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this
article shall be subject to a fine of not more than five hundred dollars($500.00)per violation per day.
The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and
dispensed with and a violation of this article is a strict liability offense.
(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.
Page 12
(c) If any person or a second person in the same household or premises, is found guilty of a second
violation of this article,the water superintendent shall be authorized to discontinue water service to the
premises where such violation occurs.
(d) Cases fled under this section shall be expedited and given preferential setting in municipal court
before all other cases.
(e) Any person whose name is on file with the utilities billing office as the customer on the water account
for the property where the violation occurs or originates 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 right to show that he did not commit the
violation.
(f) If any person fails to respond to a citation or summons issued for a violation of this article within the
time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water
superintendent is authorized to discontinue water service to the premises where such violation occurs.
(Ord. No.24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-
2013; Ord. No. 029946, § 1, 9-10-2013)
Sec. 55-157.-Effluent distribution; permit and regulations.
(a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section,
the city may make available effluent water discharged from its sewage treatment plants for the purpose
of watering lawns, grass, and other plants,dust control and similar uses.
(1) Such effluent water shall be made available only 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 obligation to provide such effluent and reserves the right to discontinue
such service at any time and to limit the volume and to establish or alter loading procedures
and/or locations as necessary for the efficient administration of the wastewater division.
(b) No effluent distribution permit shall be issued except upon application filed with the wastewater division
of the city. Every such application shall contain the following information:
(1) Name of applicant.
(2) Name of authorized representative (e.g., 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, including the make, year, model,type,weight and gross vehicle weight,container
capacity in gallons,vehicle registration number,and the state safety inspection certificate number
and expiration date.
(6) Names and driver's license number of every proposed driver of such vehicles.
(7) Statement of previous use of container units and any proposed use after or concurrently with such
units use for effluent distribution.
(8) Statement of the proposed uses of any effluent water, including whether the use is proposed for
residential, commercial,or industrial purpose.
(c) Upon the filing of the required application, and payment of the permit fee specified herein for each
container unit, the wastewater superintendent, or the superintendent's designee, 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.
Page 13
(1) The permit shall identify the particular unit for which it is issued and shall be displayed in a
prominent place upon the unit.
(2) Each unit shall be separately permitted.
(d) The permit fee shall be fifty dollars($50.00)per month for each unit plus five dollars($5.00)per month
for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one
thousand(1,000)gallons of capacity.
(e) Permits shall be issued on a quarterly basis from the effective date of this plan;fee proration shall be
on a monthly basis.
(f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain
effluent at no charge from a wastewater treatment plant,designated by the wastewater superintendent,
for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal
residence.
(1) Any effluent received under this subsection may not be sold or transferred to another individual
or used for commercial purposes.
a. Before receiving effluent the resident must obtain a permit from the wastewater
superintendent, or the superintendent's designee.
b. Prior to receiving a permit,the resident must complete a course of instruction on the handling
of wastewater effluent that has been developed by the city's health department.
c. Any container used to receive and transport effluent must have a lid or cap, be watertight,
and be properly secured to the vehicle.
d. All containers are subject to inspection and approval of the city health department or
wastewater department.
e. Any effluent received under this subsection must be immediately transported to the personal
residence of the individual receiving the effluent and used for the irrigation of vegetation,
dust control, or watering a foundation.
f. The effluent may not be stored for future use.
g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on
the property legible from the street stating that effluent is being used on the property.
h. Every resident obtaining effluent under this subsection must either:
1. Provide proof of and maintain in force a property liability insurance policy
(homeowner/renter)in the amount of three hundred thousand dollars($300,000.00)per
occurrence; or
2. Sign a form provided by the superintendent that releases the City of Corpus Christi from
any liability resulting from the resident's improper use or transportation of the effluent
and agree to hold the city harmless, including reimbursing the city for the costs of
defending itself.
(g) Every effluent distribution permit shall be subject to the following 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 capacity of five hundred (500) gallons; shall be
capable of being closed water-tight and shall be so closed during transport of effluent water; and
shall be maintained in a leak-proof condition; provided, however, that special permits may be
issued for container units with a capacity of less than five hundred (500) gallons upon the
determination by the wastewater division superintendent that all other container unit
specifications herein required have been met and that the particular container unit does not create
an increased risk to the public health and safety.
Page 14
(2) No vehicle may be used in connection herewith which has not been reported on the application
and approved for such use.
(3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent
water from the city.
a. The wastewater division may certify a driver or handler who has completed a course of
instruction on the handling of wastewater effluent that has been developed by the city's
health department.
(4) Effluent water shall be used as soon as possible to prevent regrowth 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 every eight(8)hours.
(5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1)
mg/one(I)(ppm)],consistent throughout the effluent container.
(6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in
any permits or authorizations issued to the city by a federal or state regulatory agency or the
applicable regulations of a federal or state regulatory agency.
(7) Effluent containers, including those used for storage, shall be subject to inspection and approval
of the city health department or wastewater division, whose inspectors are hereby authorized to
prohibit the use of any container or effluent water which is determined to be outside the
parameters established in this section or is otherwise determined to present a danger to public
health.
(8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive
general liability insurance in the amount specified by the city's risk manager under section 17-19;
or shall maintain a policy of general business liability insurance in the same or greater amount
with a contractual liability endorsement; and shall maintain a policy of automobile liability
insurance in the minimum amounts set by state law. The city shall be named as an additional
insured on the general liability insurance policies.
(9) By acceptance of a permit under this section and/or receipt of effluent water from the city system,
the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless,
the City of Corpus Christi, Texas, its agents and employees, from and against all claims and
actions, and all expenses incidental to the investigation and defense thereof, based upon or
arising out of damages or injuries to person or property in any way related to or in connection with
the use or distribution of effluent water under this section.
(10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall
state in not less than 10-point type, substantially as follows:
"CAUTION"
"You are hereby advised that effluent water is the discharged water from a sewage treatment
plant. The Director of Public Health has determined that improper use or handling could be
harmful and recommends the following precautions:
1. Do not use effluent water for drinking, bathing,or personal hygiene purposes.
2. Do not use effluent water for washing autos, clothes, or other personal contact items.
3. Do not use effluent water in swimming pools or for similar recreational uses.
4. Do not allow children to play on grass wet with effluent water,wait until it dries.
Page 15
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(1) part per million [one(1) mg/one
(1)(P.m
6. Application of effluent shall be by coarse stream and shall not be by fine spray."
(h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a
violation of this section.
(i) Violation of any of the provisions of this section, in addition to the general penalties provided in this
particle, shall result in denial or revocation of any such violator's effluent distribution permit.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001)
Editor's note—Formerly numbered § 55-158.
Sec. 55-158. -Operations plan for reservoir system.
To maximize the amount of water reliably available to the city and its water customers,the city manager
shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows:
(1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon
Reservoir to meet conditions of the release agreement between the City of Corpus Christi and
the Texas Parks and Wildlife Department.
(2) In order to provide maximum dependable yield from the two(2)reservoirs,the water level in Lake
Corpus Christi will be allowed to drop to elevation seventy-four(74)feet before water is released
from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month
requirement.
(3) Under the agreed order of the Texas Natural Resource Conservation Commission under
Certificate of Adjudication No. 21-3214, city shall: (1)reduce targeted inflows of water to Nueces
Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below
forty(40) per cent of capacity; and (2)suspend targeted inflows when reservoir system storage
falls below thirty(30)per cent of capacity.
(Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-
2013; Ord. No. 029946, § 1, 9-10-2013)
Sec. 55-159. -Procedures for allocating water to raw water and wholesale treated water customers on a
pro rata basis during a water shortage.
(a) In the event that the triggering criterion specified in section 55-152 for Stage 23 have been met, the
city manager,or designee, is hereby authorized to initiate allocation preparations of water supplies on
a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A.,
Water Code§ 11.039.
(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
Page 16
treated water customers water usage baseline will be computed on the average water usage by
month for the previous five-year period. If the raw water or wholesale treated water customer's
billing history is less than five (5)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.
(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 Commission on Environmental Quality 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) Pro rata surcharges and enforcement.
(1) During any period when pro rata allocation of available water supplies is in effect, wholesale
customers shall pay the following surcharges on excess water diversions:
a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation up through five(5)percent above the monthly allocation.
b. Two and one-half(2.5)times the normal water charge per unit for water diversions and/or
deliveries in excess of the monthly allocation from five(5)per-cent through ten(10)per-cent
above the monthly allocation.
c. Three(3.0)times the normal water charge per unit for water diversions and/or deliveries in
excess of the monthly allocation from ten (10)per-cent through fifteen (15) per-cent above
the monthly allocation.
d. Three and one-half(3.5)times the normal water charge per unit for water diversions and/or
deliveries more than fifteen (15)per-cent above the monthly allocation.
(c) Variances.
(1) The city manager, or the city manager's designee, 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(1)or more of the following conditions are met:
a. Compliance 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 five(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
Page 17
petitioner or what damage or harm will occur to the petitioner or others if petitioner complies
with this section.
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.
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 customer's
failure to adopt or impose water conservation measures required by the contract.
(Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-
2013)
Editor's note—Formerly numbered § 55-159.1.
Section 2. The Drought Contingency Plan adopted by Ordinance No. 029846, as amended by
Ordinance 030545, and 031160, is hereby amended to reflect these changes, and the amended
Drought Plan be filed of record with the City Secretary's-Office. City staff is directed to submit
the amended Drought Contingency Plan to the Texas Commission on Environmental Quality and
the Texas Water Development Board and as required by law.
Section 3. Staff is directed to submit a copy of the approved ordinance to the wholesale water
customers.
Section 4. Publication and Effective Date. This ordinance shall be published in a newspaper of
general circulation. This ordinance takes effect on date of February 8, 2018January 15, 2018.
Section 5. Severability. It is hereby declared to be the intention of the City that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase,
clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance.
Page 18
Section 6. Penalties. Violations of this Ordinance shall be enforced pursuant to City Code of
Ordinances Section 55-156.
Section 7. The change in law made by this Ordinance applies only to an offense committed on or
after the effective date of this Ordinance. An offense committed before the effective date of this
Ordinance is governed by the Ordinance in effect when the offense was committed,and the former
ordinance is continued in effect for that purpose. For purposes of this section, an offense was
committed before the effective date of this Ordinance if any element of the offense occurred before
that date.
That. regoin ordinance was read for the first time and passed to its second reading on this
the ay of Ll. , 18,by the following vote:
Joe McComb (hf_ Ben Molina 4-
Rudy Garza 1 _ ,_ Lucy Rubio
Paulette Guajardo /� Gre Smith0
Michael Hunter J, 0
r ' Carolyn Vaughn C
IJ I �
Debbie Lindsey-Opel , '
That the foregoing ordinance was read for the second time and passed finally on this the /
day of Ag,' 41 , (' • ,2018,by the following vote:
Joe M c omb IAlf_
t ., Ben Molina
I
Rudy Garza f' , 1 Lucy Rubio A ._
Paulette Guajardo ,�Ara 0 Greg Smith
Michael Hunter . ' Carolyn Vaughn
/ '
__4__ .
Debbie Lindsey-Opel
04
PASSED AND APPROVED on this the d y of . .a_. I AW 2018.
ATTEST:
4
• I.
/
/
•� ■ .. _ LAAII
Rebicca H»Prta J•- cComb
City Secretary . a
EFFECTIVE DATE
ig i g 031355 Page 19
Drought Contingency Plan
1. Introduction
This document is the Drought Contingency Plan (DCP)for the City of Corpus Christi (City). This
DCP was created so that the City can cut back demand when supplies are low so the residents
have enough water to make it through a drought. This DCP clearly explains the triggers initiated
by a drought and the steps to be taken during each stage of a drought.
There is also information in this DCP which explains the steps to be taken in a water
emergency, such as when supplies are cut off or contaminated.
This DCP is different from the Water Conservation Plan (WCP) because it only takes effect
when there are drought conditions. The WCP is a year-round guide, regardless of the drought
conditions, and contains several regular best management practices.
The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter
288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City
serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers
has also been included in Section 16 in accordance with Texas Administrative Code Title 30
Chapter 288 Subchapter B Rule §288.22.
2. Declaration of Policy and Reason
In order to conserve the available water supply, to protect the integrity of water supply facilities
with particular regard for domestic water use, sanitation, and fire protection, to protect and
preserve public health, welfare, and safety, and to minimize the adverse impacts of water-
supply shortage or other water-supply emergency conditions, the City hereby adopts the
following regulations and restrictions on the delivery and consumptions of water. The Water
Resource Management Ordinance which gives the City the authority to regulate and enforce
this DCP is included as a supporting document.
Water uses regulated or prohibited under this DCP are considered to be non-essential, and
continuation of such uses during times of water shortage or other emergency water-supply
conditions are deemed to constitute a waste of water, which subjects the offender(s)to
penalties as defined in Section 13 of this DCP.
Since the City first started supplying its residents with water in the 1890s, the region has
experienced several periods of drought. Over the years, supplies have been added and
conservation measures have been strengthened to ensure water security for the residents and
businesses of the region. However, with the variability of weather patterns in South Texas and a
continually growing population, it is critical that the City plans for future drought conditions.
Currently, the City's water supply system is comprised of fourthcee reservoirs: Lake Corpus
Christi, Choke Canyon Reservoir, Lake Texana and Colorado River. However, the criteria
to trigger reservoir system-dr-oughtes se stages are based on the combined capacity of
1I
Lake Corpus Christi and Choke Canyon Reservoir. (See Section 8). Since Choke Canyon
Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake
Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage
levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher
since Lake Texana supplies were added in October 1998.
Because of the frequency of drought in South Texas, the following DCP has been developed.
This DCP adopts measures that will dramatically cut water consumption in order to conserve
water supplies.
3. Public Education
A public meeting to receive comments on the DCP was held at the City Council regular meeting
on January 30, 2018December 19, 2017May 23th 2017 and was adopted by ordinance on
Februa 8. 2018.. ._ ! ! ! _1, !
The City will periodically provide the public with information about the DCP, including
information about the conditions under which each stage of the DCP is to be initiated or
terminated, and the drought response measures to be implemented in each stage. This
information will be provided by utility bill inserts, notices in the Corpus Christi Caller-Times, and
notice on the City's website (www.cctexas.com).
Notification to the public about when reservoir system drought stages go into effect or when
restrictions are lifted is explained in more detail in Section 9.
4. Coordination with Regional Water Planning Groups
The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water
Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of
the Nueces River Authority.
The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five
years based on new or updated information, such as the adoption or revision of the regional
water plan.
5. Authorization
The City Manager, or designee, is hereby authorized and directed to implement the applicable
provisions of the DCP upon determination that such implementation is necessary to protect
public health, safety, and welfare. The City Manager, or designee, shall have the authority to
initiate or terminate drought or other water supply emergency responses as described in this
DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate
21
or terminate any stage when the City Manager deems necessary at any particular time. The City
Manager shall notify the members of the City Council before implementing any measures.
6. Application
The provisions of this DCP shall apply to all persons, customers, and property utilizing water
provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP
include individuals, corporations, partnerships, associations, and all other legal entities.
7. Definitions
For the purposes of this Chapter in this DCP, the following definitions shall apply:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Commercial and institutional water use:water use which is integral to the operations of
commercial, non-profit establishments and governmental entities such as retail establishments,
hotels and motels, restaurants, and office buildings.
...................Conservation: those practices, techniques, and technologies that reduce the consumption of
water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the
recycling and reuse of water so that a supply is conserved and made available for future or
alternative uses.
Contract(end-user)water customers: a private entity that has a contract with the City to receive
raw or treated water supplies for its sole use (i.e. does not resell to other users).
Customer: any person, company, or organization using water supplied by the City of Corpus
Christi and paying a retail water bill.
Domestic water use: water use for personal needs or for household or sanitary purposes such
as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry,
or institution.
Industrial water use: the use of water in processes designed to convert materials of lower value
into forms having greater usability and use.
Institutional water use: the use of water by an establishment dedicated to public service, such
as a school, university, church, hospital, nursing home, prison, or government facility. All
facilities dedicated to public service are considered institutional regardless of ownership.
Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens, golf
courses, parks, rights-of-way, and medians.
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Non-essential water use: water uses that are not essential or not required for the protection of
public, health, safety, and welfare, including:
• irrigation of landscape areas, including parks, athletic fields, and golf courses, except as
otherwise provided under this DCP;
• use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle;
• use of water to wash down any impervious cover including sidewalks, walkways,
driveways, parking lots, tennis courts, or other hard-surfaced areas;
• use of water to wash down buildings or structures for purposes other than immediate fire
protection or health reasons;
• flushing gutters or permitting water to run or accumulate in any gutter or street;
• use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type
pools;
• use of water in an aesthetic feature including fountain or pond except where necessary
to support aquatic life;
• failure to repair a controllable leak(s)within a reasonable period after having been given
notice directing the repair of such leak; and
• use of water from hydrants for construction purposes or any other purposes other than
fire fighting or flushing needed to maintain chlorination levels and protect public health.
Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and
Lake Corpus Christi, as measured in percentage of the full combined volume.
Wholesale customers: any public or private utility that has a contract with the City to receive
raw or treated water supplies and authority(through contracts)to resell this water to other
users.
8. Criteria for Initiation and Termination of Reservoir System Drought
Re -ponse Stages
The City Manager, or designee, shall monitor water supply and/or demand conditions on a
weekly basis and shall determine when conditions warrant initiation or termination of each stage
of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the
exercise of the City Manager's discretion, may initiate or terminate any stage when the City
Manager deems necessary at any time. This section explains the triggers of each stage. Best
management practices and water use restrictions for each reservoir systemdfeaght stage are
described in Section 10.
The triggering criterion to be monitored for determining reservoir system-dfeuit response
stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus
Christi, based on the TCEQ 2001 Agreed Order(amended April 17, 2001) relating to inflows into
Nueces Bay and Estuary. The full Agreed Order is in the Appendix.
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Requirement for termination Stage 1 of the DCP may be rescinded when the
of Stage 1.
8.1. Stage 12—Mild Water Shortage Watch•' e _ . - . - _ _ _ - e •
Requirements for initiation—Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses described in
Section 10 when the combined storage level declines to below 40 percent.
Requirement for termination —Stage 12 of the DCP may be rescinded when the
combined storage level increases above 50 percent_for a period of 15 consecutive
8.2. Stage 23—Moderate Water Shortage Condition
Condition
Requirements for initiation —Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses for Stage 23 of
this DCP when the combined storage levels declines to below 30 percent.
Requirement for termination —Stage 23 of the DCP may be rescinded when the
combined storage level increases above 40 percent for a period_
days. Upon termination of Stage 23, Stage 12 becomes operative.
8.3. Stage 34—Critical Water Shortage Condition
Requirements for initiation—Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses for Stage 34 of
the DCP when the combined storage levels declines to below 20 percent.
Requirement for termination —Stage 34 of the DCP may be rescinded when the
combined storage level increases above 30 percent_ a . . __ _ - -- -- -
days. Upon termination of Stage 34, Stage 23 becomes operative.
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8.4. Stage 45—Emergency Water Shortage Condition
Requirements for initiation —Customers shall be required to comply with
requirements and restrictions for Stage 45 of this DCP when the City Manager, or
designee, determines that a water supply emergency exists based on:
• A major water line breaks, or pump or system failures occur, which causes
unprecedented loss of capability to provide water service; or
• Water production or distribution system limitations; or
• Natural or man-made contamination of the water supply source occurs.
Requirement for termination —The emergency water shortage condition may be
rescinded when the City Manager, or designee, deems appropriate.
9. Reservoir SystemDrought Stages Response Notification
The City Manager, or designee, shall monitor water supply and/or demand conditions on a
weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter,
shall determine that a mild, moderate, severe, critical, or emergency water shortage condition
exists and shall implement the following notification procedures.
Notification of the Public:
The City Manager, or designee, shall notify the public for every change in drought stage status
by any or all of the following:
• City's website (www.cctexas.com)
• Publication in the Corpus Christi Caller-Times
• Notice on the monthly billing
• Public Service Announcements
• Signs posted in public places
Additional Notification:
The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified
directly, the following individuals and entities for every change in drought stage status:
• Mayor and members of the City Council
• Fire Chief
• City and/or County Emergency Management Coordinator
• County Judge and Commissioner(s)
• Major water users (such as industries)
• Critical water users (such as hospitals)
• Parks/street superintendents and public facilities managers
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• Texas Commission on Environmental Quality(TCEQ)—note TCEQ executive director
MUST be informed within five (5) business days of mandatory water use restrictions
being imposed
10. Reservoir System Drought Best Management Practices per Stage
A summary of water use reduction targets for each reservoir systemdrought stage response is
presented in the following table. Further discussion on best management practices and
implementation practices associated with each stage of response is included below. During
Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of
Utilities or designee.
Reservoir CCR/LCC Combined Target Demand
SystemDrought Stage Reservoir Storage Level Reduction Levels
Response
Stage 1- Mild <40%50%or if Lake Texana is 10,
<40%
Stage 2- Moderate <30<48% 15%10%
Stage 3- CriticalSevere <20<30% 30%4-5%
Stage 4- Not Applicable--20°/0 50%30%
EmergencyCritical
Stage 5 Emergency Not--Applicable 50%
10.1._Stage- - - - • . , • - - - ' .
---- e.•-: • . - --- ' - .e.: - • - •- • , • • --•
--
•
" --- =- - -•- - P.. - 6:••-•:
watering schedule.
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prescribed for Stage 2 of the DCP.
(- ' - - _- •- - -- - - - -- - - __ - _ _ .. . .. - -
10.12. Stage 12 Response—Mild Water Shortage WatchMODERATE Water Shotage
Conditions
Target: During Stage 12, achieve a 10% reduction in daily treated water demand
relative to treated water demand with the water use restrictions below.
Best Management Practices for Supply Management:
- --- - - •- --- --.•.e:--.• - -- --- - --- ' - -- Uonder
Stage 1, the City will - __ .. •- _ _ _ e. - .e:
• Use more repair crews if necessary to allow for a quicker response time for
water-line leak repair; and
• City crews (Water and other departments) begin monitoring customers'
compliance with Stage 12 restrictions during the course of their daily rounds.
Water Use Restrictions for Demand Reduction
Under threat of penalty for violation, the following water use restrictions shall apply to
all persons during Stage 12:
a) Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation
systems shall be limited to once per week. The watering schedule will be
determined by the City Manager or designee. Customers will be made aware of
their designated watering day in accordance with Section 9. However, irrigation of
landscaped areas is permitted on any day if it is by means of a hand-held hose
(with positive shutoff nozzle), a faucet filled bucket or watering can of five (5)
gallons or less, or drip irrigation system with a positive shutoff device. Exceptions
for this restriction may be permitted, upon review and approval by the Executive
Director of Utilities or designee, for the following uses: new plantings (for up to 60
days), vegetable gardens, athletic playing fields, and botanical gardens. In
addition, this restriction does not apply to customers irrigating with well water or
an aerobic septic system. Customers irrigating with well water or an aerobic
septic system must apply for a permit from the City Utilities Department to be
prominently posted on the premises within two (2)feet of the street number
located on the premises.
b) Use of water from hydrants shall be limited to fire fighting, related activities, or
other activities necessary to maintain public health, safety, and welfare, except
that use of water from designated fire hydrants for construction purposes may be
allowed under special permit from the City of Corpus Christi Utilities Department.
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c) Use of water for the irrigation of golf course greens, tees, and fairways is
prohibited except on designated watering days. However, if the golf course utilizes
a water source other than that provided through City of Corpus Christi Utilities
Department infrastructure, the facility shall not be subject to these regulations.
d) The use of water to maintain integrity of building foundations is limited to
designated watering days and is only permitted by use of hand-held hose or drip
irrigation.
10.23. Stage 23 Response—Moderate Water Shortage Conditions SEVERE Water
Target: During Stage 23, achieve a 15% reduction in total daily treated water demand
relative to treated water demand with the water use restrictions below.
Best Management Practices for Supply Management:
In addition to the best management practices for supply management listed under
Stage 12, the City will also do the following during Stage 23:
• Eliminate the flushing of water mains unless required for decontamination
and/or public safety; and
• Review customers' water usage for compliance based on the previous
month's water use and notify violators verbally or in writing as the situation
dictates.
Water Use Restrictions for Demand Reduction:
All requirements of Stage 12 shall remain in effect during Stage 23 except as modified
below:
a) Irrigation of landscaped areas shall be limited to once every other week. The
watering schedule will be determined by the City Manager or designee.
Customers will be made aware of their designated watering day. However,
irrigation of landscaped areas is permitted on any day if it is by means of a hand-
held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of
five (5) gallons or less, or drip irrigation system with a positive shutoff device.
Exceptions for this restriction may be permitted, upon review and approval by the
Executive Director of Utilities or designee, for the following uses: new plantings
(for up to 60 days), vegetable gardens, athletic playing fields, and botanical
gardens. In addition, this restriction does not apply to customers irrigating with
well water or an aerobic septic system. Customers irrigating with well water or an
aerobic septic system shall still apply for a permit from the City UtitlitiesUtilities
Department to be prominently posted on the premises within two (2)feet of the
street number located on the premises.
b) The watering of golf course fairways with potable water is prohibited. The watering
of greens and tees are limited to once every other week unless the golf course
utilizes a water source other than that provided through City of Corpus Christi
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Utilities Department infrastructure or done by means of hand-held hoses, hand-
held buckets, or drip irrigation.
Optional Measures:
During Stage 23, the following measures are optional water use restrictions that may
be implemented by the City Manager, or designee, with City Council approval, as
conditions warrant:
a) For residential and multi-unit customers, a drought surcharge of up to and
including 100% of the total monthly water bill over the monthly allocation may
be added to the customers' bill to deter discretionary water use, as explained
in Section 11.
10.34. Stage 34 Response—CRITICAL Water Shortage Conditions
Target: During Stage 34, achieve a 30% or greater reduction in daily treated water
demand relative to treated water demand with the water use restrictions below. An
additional surcharge will be added to each utility bill during Stage 34 water shortage
conditions to discourage discretionary water use, as described in Section 11 for retail
customers and Section 16.10 for wholesale customers.
Best Management Practices for Supply Management:
In addition to the best management practices for supply management listed under
Stage 23, the City will also do the following during Stage 34:
• Upon written notice, disconnect the water meters of willful violators if
absolutely necessary to prevent the deliberate wasting of water.
Water Use Restrictions for Demand Reduction:
All requirements of Stage 13 and 23 shall remain in effect during Stage 34 except as
modified below:
a) Irrigation of landscaped areas shall be prohibited at all times.
b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle
not occurring on the premises of a commercial car wash stations and not in the
immediate interest of public health, safety, and welfare is prohibited.
c) The filling, refilling, or adding of water to swimming pools, wading pools, and
jacuzzi-type pools, and water parks(unless non-city, alternative source) is
prohibited.
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d) The use of water to maintain the integrity of a building foundation is still permitted
on the designated Stage 23 watering day and shall be done by hand or drip
irrigation method.
e) All fountains shall only operate to circulate water in order to maintain equipment.
Optional Measures:
During Stage 34, the following measures are optional water use restrictions that may
be implemented by the City Manager, or designee, with City Council approval, as
conditions warrant:
a) No application for new, additional, expanded, or increased-in-size water service
connections, meters, service lines, pipeline extensions, mains, or water service
facilities of any kind shall be approved, and time limits for approval of such
applications are hereby suspended for such time as this reservoir systemdreught
response stage shall be in effect.
b) For residential and multi-unit customers, a Reservoir Svstemdreugtit surcharge of
up to and including 100% of the total monthly water bill over the monthly allocation
may be added to the customers' bill to deter discretionary water use, as explained
in Section 11.
10.45. Stage 45 Response—EMERGENCY Water Shortage Conditions
Target: During Stage 45, achieve a 50% or greater reduction in daily treated water
demand relative to treated water demand with the below water use restrictions.
Surcharges and reduced allocations are enforceable during Stage 45 water shortage
conditions, as described in Section 13.
During emergency conditions such as system outage or supply source contamination, or
supply sources draining empty, alternative water sources and/or alternative delivery
mechanisms may be necessary with prior approval of the City Manager or designee.
For emergency water shortage conditions associated with contamination of Nueces
Basin stored supplies, the City, under the City Manager or designee's direction, will
cease pumping from the Nueces River and will contact the LNRA to identify additional,
temporary water that may be available from Lake Texana on a short-term basis to meet
essential water needs. For emergency water shortage conditions associated with
contamination of Lake Texana supplies, the City, under the City Manager's direction, will
cease pumping from the Mary Rhodes Pipeline.
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Best Management Practices for Supply Management:
In addition to the best management practices for supply management listed under Stage
34, the City will also do the following:
• Call the 10 largest water customers in the area affected by the emergency
condition, and if necessary, use runners in key areas to begin spreading the
message of a major outage.
Water Use Restrictions for Demand Reduction:
During Stage 45, all requirements of Stage 12, 23, and 34 shall remain in effect except
as modified below:
a) Irrigation of landscaped areas is absolutely prohibited.
b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is
absolutely prohibited.
c) Associated uses of water not related to business process which are discretionary,
such as equipment washing, shall be deferred until the Stage 5 emergency has
been terminated.
Optional Measure:
During Stage 45, the following measure is an optional water use restriction that may be
implemented by the City Manager, or designee, with City Council approval, as conditions
warrant:
a) For residential and multi-unit customers, a drought surcharge of up to and including
100% of the total monthly water bill over the monthly allocation may be added to
the customers' bill to deter discretionary water use, as explained in Section 11.
11. Surcharges for Reservoir SystemDrought Stages 23—45 and Service
Measures
(a) General
1. The surcharges established herein are solely intended to regulate and deter
the use of water during a period of serious drought in order to achieve
necessary water conservation. The City Council expressly finds that the
drought poses a serious and immediate threat to the public and economic
health and general welfare of this community, and that the surcharges and
other measures adopted herein are essential to protect said public health and
welfare.
2. This section, and the surcharges and measures adopted herein are an
exercise of the City's regulatory and police power, and the surcharges and
connection fees are conservation rates intended to meet fixed costs as a
result of lost revenue.
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3. With City Council approval, the City Manager is authorized to determine
trigger points or allocations and surcharges during Stages 23, 34, and 45
Emergency Water Shortage conditions.
4. In this section, institutional customer means city utility customer which
operates as a not-for-profit entity.
5. A customer may appeal an allocation or reservoir system ht surcharge
triggering point established under this Section to the Executive Director of
Utilities or designee on grounds of unnecessary hardship, through the
process outlined in Section 12.
6. Reservoir system Breit surcharge funds will first be applied towards
annual debt service as reflected in the City operating budget to offset revenue
loss due to drought conditions. Additional funds will be reported to City
Council for City Council direction.
(b) Residential water customers, who are not billed through a master water meter.
1. A monthly base amount of 3,000 gallons shall be established as a trigger
point for each customer. Water consumption up to and including this amount
will not include a drought surcharge.
2. Above the 3,000 gallon consumption trigger point, with City Council Approval,
a reservoir systemdfeught surcharge shall be added up to and including
100% of the customer's total monthly water bill over the allocation.
(c) Residential customers who are billed from a master water meter.
1. Once Stage 2-1 condition has been declared, property managers of multi-
tenant units shall notify the City Executive Director of Utilities of the number
of residential units in their facility for determination of allocations. Until so
notified, the City shall calculate the allocation based on two residential units
per master water meter. A monthly base amount of 3,000 gallons shall be
established as a trigger point for each residential unit.
2. When consumption for the month is less than or equal to 3,000 gallons times
the number of residential units, there will be no surcharge.
3. With City Council approval, when consumption is above the 3,000 gallons
times the number of units, a drought surcharge shall be added up to and
including 100% of the customer's total monthly water bill over the allocation.
4. The customer is responsible for passing the demand charge onto the tenant.
(d) Commercial or institutional customer
1. A monthly water usage allocation shall be established by the City Manager
or designee for each commercial or institutional customer.
2. Method of establishing allocation:
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a. When the combined reservoir capacity is less than 20% of total
capacity (Stage 34), the commercial or institutional customer's
allocation shall be 90 percent of the customer's usage for the
corresponding month's billing period during previous 12 months prior
to the implementation of Stage 2.
b. If the customer's billing history is shorter than 12 months, the monthly
average for the period for which there is a record shall be used for any
monthly period for which no history exists.
c. Provided, however, a customer, 90 percent of whose monthly usage
is less than 6,000 gallons, shall be allocated 6,000 gallons.
d. The City Manager shall give best effort to see that notice of each
commercial or institutional customer's allocation is mailed to such
customer.
e. If, however, the customer does not receive such notice, it shall be the
customer's responsibility to contact the City Utilities Billing Office to
determine the allocation, and the allocation shall be fully effective
notwithstanding lack of receipt of written notice.
f. Upon request of the customer or at the initiative of the City Manager,
the allocation may be reduced or increased,
(1) if one nonresidential customer agrees to transfer part of its
allocation to another nonresidential customer, or
(2) if other objective evidence demonstrates that the designated
allocation is inaccurate under present conditions.
(e) Industrial customers, who use water for processing.
1. A monthly water usage allocation shall be established by the City Manager or
designee for each an industrial customer, which uses water for processing (e.g.,
an industrial customer).
2. Method of establishing allocation.
a. When the combined reservoir capacity is less than 20% of total
capacity (Stage 34), the industrial customer allocation shall be 90
percent of the customer's usage for the corresponding month's billing
period during the previous 12 months prior to the implementation of
Stage 2 1
b. If the customer's billing history is shorter than 12 months, the monthly
allocation shall be 1/12 of 90% of the customer's maximum annual
contracted amount until 12 months of billing history are established.
14 I
However if the industrial customer does not have a water contract and
does not have at least 12 months of billing history, then the new
industrial customer will provide data regarding expected water use
and City will determine allocation based on 90% of expected use to
determine initial allocation until 12 months of billing history are
established.
c. The City Manager shall give his best effort to see that notice of each
industrial customer's allocation is mailed to such customer.
d. If, however, the customer does not receive such notice, it shall be the
customer's responsibility to contact the City Utilities Billing Office to
determine the allocation, and the allocation shall be fully effective
notwithstanding lack of receipt of written notice.
e. Upon request of the customer or at the initiative of the City Manager,
the allocation may be reduced or increased, if:
1. The designated period does not accurately reflect the
customer's normal water usage because customer had shut
down a major processing unit for overhaul during the period.
2. The customer has added or is in the process of adding
significant additional processing capacity.
3. The customer has shut down or significantly reduced the
production of a major processing unit.
4. The customer has previously implemented significant
permanent water conservation measures.
5. The customer agrees to transfer part of its allocation to
another industrial customer.
6. Other objective evidence demonstrates that the designated
allocation is inaccurate under present conditions.
_... _.(f) Commercial, institutional, and industrial customers shall pay the following
surcharges:
1. Customers whose allocation is 6,000 gallons through 20,000 gallons per
month:
a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation.
b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation.
c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation.
15 I
d. $40.00 for each additional 1,000 gallons over allocation.
2. Customers whose allocation is 21,000 gallons per month or more:
a. One times the block rate for each 1,000 gallons in excess of the
allocation up through 5 percent above allocation.
b. Three limes the block rate for each 1,000 gallons from 5 percent
through 10 percent above allocation.
c. Five times the block rate for each 1,000 gallons from 10 percent
through 15 percent above allocation.
d. Ten times the block rate for each 1,000 gallons more than 15 percent
above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate" means the charge to the customer per
1,000 gallons at the regular water rate schedule at the level of the
customers allocation.
(g) Nonresidential customer is billed from a master meter.
1. When a nonresidential customer is billed from a master meter which jointly
measures water to multiple residential dwelling units(for example: apartments,
mobile homes), the customer may pass along any surcharges assessed under
this DCP to the tenants or occupants, provided that:
a. The customer notifies each tenant in writing:
1. That the surcharge will be passed along.
2. How the surcharge will be apportioned.
3. That the landlord must be notified immediately of any plumbing
leaks.
4. Methods to conserve water(which shall be obtained from the City).
b. The customer diligently maintains the plumbing system to prevent
leaks.
c. The customer installs water saving devices and measures (ideas for
which are available from the City) to the extent reasonable and
practical under the circumstances.
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(h) Water service to the retail water customer may be terminated under the following
conditions:
1. Monthly residential water usage exceeds allocation by 4,000 gallons or more
two or more times for any individual month after the implementation of Stage
43. Also, the two months need not be consecutive months.
2. Monthly water usage on a master meter which jointly measures water usage
to multiple residential dwelling units exceeds allocation by 4,000 gallons
times the number of dwelling units or more two or more times (which need
not be consecutive months).
3. Monthly nonresidential water usage for a customer whose allocation is 6,000
gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or
more two or more times (which need not be consecutive months).
4. Monthly nonresidential water usage for a customer whose allocation is
21,000 gallons or more exceeds its allocation by 15 percent or more two or
more times (which need not be consecutive months).
5. For residential customers and nonresidential customers whose allocation
does not exceed 20,000 gallons, after the first disconnection water service
shall be restored upon request for a fee of$50.
6. For such customers, after the second disconnection, water service shall be
restored within 24 hours of the request 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 City re-enters a level of water conservation
less than Stage 23.
8. For master meter customers, the service restoration fees shall be the same
as above times the number of dwelling units.
9. For nonresidential customers whose allocation is 21,000 gallons per month or
more:
a. After the first disconnection water service shall be restored upon
request for a fee in the amount of"X" in the following formula:
X = $ 50 x Customer's Allocation in gallons/20,000 gallons
b. After the second disconnection for said customers, water service shall
be restored within 24 hours of the request for a fee of 10 times"X".
c. If water service is disconnected a third time for such customer, water
service shall not be restored until the City re-enters a level of water
conservation less than Stage 23.
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d. The City Manager is directed to institute written guidelines for
disconnection of water service under this provision, which will satisfy
minimum due process requirements, if any.
(i) It shall be a defense to imposition of a surcharge hereunder, or to termination of
service, that water used over allocation resulted from loss of water through no fault of
the customer(for example, a major water line break)for the following conditions:
1. The customer shall have the burden to prove such defense by objective
evidence (for example, a written certification of the circumstances by a
plumber).
2. A sworn statement may be required of the customer.
3. This defense shall not apply if the customer failed to take reasonable steps
for upkeep of the plumbing system, failed to reasonably inspect the system
and discover the leak, failed to take immediate steps to correct the leak after
discovered, or was in any other way negligent in causing or permitting the
loss of water.
0) When this section refers to allocation or water usage periods as "month," monthly,"
"billing period," and the like, such references shall mean the period in the City's
ordinary billing cycle which commences with the reading of a meter one month and
commences with the next reading of that meter which is usually the next month.
1. The goal for the length of such period is 30 days, but a variance of two days,
more or less, will necessarily exist as to particular meters.
2. If the meter reader system is prevented from timely reading a meter by any
obstacle which is attributable to the customer, the original allocation shall
apply to the longer period without modification.
12. Requests for Exemptions and Variances
(a) The Executive Director of Utilities or designee may, in writing, grant a temporary
variance to any of the provisions for water users found in this DCP upon
determination that failure to grant such variance would cause an emergency
condition adversely affecting the public health, sanitation, or fire protection for the
public or person requesting such a variance.
(b) A person requesting an exemption or variance from the provisions of this Ordinance
shall file request on City-provided application for exemption/variance with the City
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Utilities Department within 5 days after a particular drought response stage has been
invoked. All request forms shall be reviewed by the Executive Director of Utilities or
designee, and shall include the following:
1. Name and address of the water user(s).
2. Purpose of water use.
3. Specific provision(s)of the Ordinance from which the water user is
requesting relief.
4. Detailed statement as to how the specific provision of the Ordinance
adversely affects the water user or what damage or harm will occur to the
water user or others if water user complies with this DCP.
5. Description of the exemption requested
6. Period of time for which the exemption is sought.
7. Alternative water use restrictions or other measures the water user is taking
or proposes to take to meet the intent of this DCP and the compliance date.
8. Other pertinent information; or as required on permit application
(c) No exemption nor variance shall be retroactive or otherwise justify any violation of
this DCP occurring prior to the issuance of the exemption/variance.
(d) The Executive Director of Utilities or designee shall consider requests of water users
for special consideration to be given as to their respective particular circumstances
and is hereby authorized to, in special cases, grant such variance from the terms of
this DCP if such compliance would cause an emergency condition adversely
affecting the public health, sanitation, or fire protection for the public or person
requesting such a variance as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of this DCP will result in
unnecessary hardship, and so that the spirit of this DCP shall be observed and
substantial justice done.
(e) Should a permit for special exception be granted, it shall be in effect from the time of
granting through the termination of the then current stage, unless revoked by the
Executive Director of Utilities or designee for noncompliance; provided, that the
permit is prominently posted on the premises within two (2)feet of the street number
located on the premises.
(f). A person denied request for permit or exception from these rules may appeal the
decision to the Assistant City Manager for Public Works, Utilities and Transportation
by submitting written request for appeal to the Assistant City Manager within five
business days from issuance of denial. The decision of the Assistant City Manager
shall be final.
(g) Violations of any permit conditions may be enforced under Section 13.
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13. Enforcement
(a) A violation under this article is a Class C misdemeanor. Any person that violates any
provision of this article shall be subject to a fine of not more than five hundred dollars
($500.00) per violation per day. The culpable mental state required by Section 6.02
of the Texas Penal Code is specifically negated and dispensed with and a violation
of this article is a strict liability offense.
(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 any person or a second person in the same household or premises is found guilty
of a second violation of this article, the water superintendent shall be authorized to
discontinue water service to the premises where such violation occurs.
(d) Cases filed under this section shall be expedited and given preferential setting in
municipal court before all other cases.
(e) Any person whose name is on file with the utilities billing office as the customer on
the water account for the property where the violation occurs or originates 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 right to show that he did not commit the violation.
(f) If any person fails to respond to a citation or summons issued for a violation of this
article within the time allowed, upon receipt of notice from the director or a judge of
the municipal courts, the water superintendent is authorized to discontinue water
service to the premises where such violation occurs.
14. Variances
A temporary variance for existing water uses otherwise prohibited under this DCP may be
obtained through the process outlined in Section 12.
15. Severability
It is hereby declared to be the intention of the City that the sections, paragraphs, sentences,
clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence,
paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such declaration shall not affect any of the
20 I
remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same
would not have been enacted by the City without the incorporation into this DCP of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
16. Wholesale Drought Contingency Plan
16.1 Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and/or to protect the integrity of water
supply facilities, with particular regard for domestic water use, sanitation, and fire protection,
and to protect and preserve public health, welfare, and safety and minimize the adverse impacts
of water supply shortage or other water supply emergency conditions, the City of Corpus Christi
(City)adopts the following Wholesale Drought Contingency Plan (the Plan).
16.2 Public and Wholesale Customer Involvement
The public was invited to view and make comments on the Plan during the regular
meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open
meetings requirement of the TCEQ during the July 14, 2015 City Council meeting.
Amendments to the Plan were adopted on February 8, 2018May 30, 2017 following a public
hearing during the regularly scheduled meeting of City Council on January 30, 2018May 23,
204-7.
16.3 Wholesale Water Customer Education
The City will periodically provide wholesale customers with information about the Plan,
including information about conditions under which each stage of the Plan is to be initiated or
terminated and drought response measures to be implemented in each stage. This information
will be distributed by providing a copy of the Plan to each wholesale water customer.
16.4 Coordination with Regional Water Planning Groups
The water service area of City of Corpus Christi and its wholesale water customers is
located within the Coastal Bend Planning Region (Region N) and the City has provided a copy
of the Plan to Region N.
The City of Corpus Christi shall review and update, as appropriate, the drought
contingency plan at least every five years based on new or updated information, such as the
adoption or revision of the regional water plan.
16.5 Authorization
The City of Corpus Christi City Manager, or designee, is hereby authorized and directed
to implement the applicable provisions of this Plan upon determination that such implementation
21
is necessary to protect public health, safety, and welfare. Wholesale customers are subject to
the plan under their contracts with the City. The City Manager, or designee, shall have the
authority to initiate or terminate drought or other water supply emergency response measures
as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days
of any mandatory water use restrictions being enacted.
16.6 Application
The provisions of this Plan shall apply to all customers utilizing water provided by the
City on a wholesale basis. The terms "person" and "customer" as used in the Plan include
individuals, corporations, partnerships, associations, and all other legal entities. The provisions
of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis.
Every wholesale water contract entered into, renewed or modified after official adoption of this
Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of
Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under
Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on
their customers. To the extent of its legal authority, the City of Corpus Christi shall require its
wholesale customers to implement outdoor watering restrictions similar to those of the City for
each drought response stage. The City requires that any contract for the resale of water
furnished to wholesale water contractors shall contain a similar condition.
16.7 Triggering Criteria for Initiation and Termination of Reservoir
SystemDrought Response Stages
The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or
demand conditions on a weekly basis and shall determine when conditions warrant initiation or
termination of each stage of the Plan. Customer notification of the initiation or termination of
reservoir systemdfeught response stages will be made by email, mail, or telephone. The news
media will also be informed by the City.
The triggering criterion to be monitored for determining reservoir systemdrought
response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake
Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed
Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See
Appendix. The triggering criterions in this section are minimum standards for initiation and
maximum standards for termination, and the City Manager, or designee, can initiate or terminate
each stage when conditions warrant.
-- - •-• - - - - -- e•-:: - --- - - - - -- -- - -'O• - - -
- --- - - - - - - -'• -• - - - - -•: - - -- --- - - - - - - "-- - -j0-
22Ir' .:
(ab)Stage 12 — MILD Water Shortage Watch
Condition
Requirements for initiation — The City will recognize that a mildmederate water
shortage watchaendition exists when the combined storage level declines below 40
percent.
Requirement for termination — Stage 12 of the Plan may be rescinded when the
combined storage level increases above 50 percent. or Lake Texana is above 60
percent. for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1
becomes operative. The City will notify its wholesale customers and the media of the
termination of Stage 12 in the same manner as the notification of initiation of Stage 1
of the Plan.
(c)Stage 23—MODERATE SEVERE Shortage Condition
Requirements for initiation — The City will recognize that a moderatesevere water
shortage condition exists when the combined storage levels declines to below 30
percent.
Requirement for termination — Stage 23 of the Plan may be rescinded when the
combined storage level increases above 40 percent, for a period of 15 consecutive
days Upon termination of Stage 23, Stage 12 becomes operative. The City will
notify its wholesale customers and the media of the termination of Stage 23.
(d)Stage 34—CRITICAL Water Shortage Condition
Requirements for initiation — The City will recognize that a criticalsevere water
shortage condition exists when the combined storage levels declines to below 20
percent.
Requirement for termination — Stage 34 of the Plan may be rescinded when the
combined storage level increases above 30 percent_ e . . .. _ . .. .. . -
days. Upon termination of Stage 34, Stage 23 becomes operative. The City will
notify its wholesale customers and the media of the termination of Stage 34.
(e)Stage 45—EMERGENCY Water Shortage Condition
Requirements for initiation — The City will recognize that an emergency water
shortage condition exists when any of the following occur:
i. A major water line breaks, or pump or system failures occur, which
cause unprecedented loss of capability to provide water service; or
ii. Water production or distribution system limitations; or
iii. Natural or man-made contamination of the water supply source
occurs.
Requirement for termination — The emergency water shortage condition may be
rescinded when the City of Corpus Christi City Manager, or designee, deems
appropriate. The City will notify its wholesale customers and the media of the
termination of emergency shortage condition in the same manner as the notification
of initiation of Stage 1 of the Plan.
23
16.8 Reservoir SystemDrought Response Stages
The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or
demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall
determine that mild, moderate, or criticalcevcro water shortage conditions exist or that an
emergency condition exists and shall implement best management practices accordingly.
For water contracts between the City and wholesale customers with specific reductions
based on stage, wholesale water customers are to implement measures to achieve water use
reduction targets specified in the contract. For other contracts, required adoption of a Drought
Contingency Plan should strive to achieve the water use reduction targets for each reservoir
systemdreught stage response presented in the following table. Further discussion on best
management practices and implementation practices associated with each stage of response is
described below.
Reservoir SystemDreught CCR/LCC Combined Target Demand Reduction
Stage Response Reservoir Storage Levels
Level
Stage 1 Mild '50%or if Lake 5%
Texana4s-40-%
Stage 12- Mild Moderate <40% 10%
Stage 23- Moderate Severe <30% 15%
Stage 34- CriticalSevero <20% 30%
Critical
Stage 45- Emergency Not Applicable 50%
• The City will voluntarily coordinate with the Rece: ary agcneies to ensure that
unnecessary releases of water from the Reservoir System are minimized,
• The City will encourage each wholesale water customer to utilize alternative
' - - - - -• - - - - P..
-.- -
• The City Manager, or designee, will contact wholesale water customers to
24
Stage 12—MILD MODERATE Water Shortage Watch- ions
Target Achieve a 10 percent reduction in daily water demand for each wholesale
customer utilizing City's water supply system.
Best Management Practices for Supply Management:
• The City will coordinate with the necessary agencies to ensure that unnecessary
releases of water from the Reservoir System are minimized.
•--The City will encourage each wholesale water customer to utilize alternative
water sources such as interconnections with another water system, temporary
use of a water supply other than from the City's system, use of reclaimed water
for non-potable purposes, etc.
Water Use Measures for Reducing Demand:
• The City of Corpus Christi City Manager, or designee, will initiate contact with
wholesale water customers to discuss water supply and/or demand conditions
and the possibility of pro rata curtailment of water diversions and/or deliveries.
• The City of Corpus Christi City Manager, or designee, will request wholesale
water customers to initiate mandatory measures to reduce non-essential water
use (e.g. implement Stage 12 of the customer's drought contingency plan).
• The City Manager, or designee, will provide a regular report to the news media
with information regarding current water supply and/or demand conditions,
projected water supply and demand conditions if drought conditions persist, and
consumer information on water conservation measures and practices.
Other Actions to be Taken:
• The City will notify, in writing, operators of recreational facilities to consider
issuance of signs near boat ramps and in public parks notifying the public that
the Reservoir System is operating at less than 40 percent of its conservation pool
volume, and that a Stage 12 Reservoir SystemDreught Response level has been
declared. The City will recommend that operators post information to the public
regarding Stage 12 of the Drought Contingency Plan and possible boating safety
hazards due to decreasing Reservoir levels.
25
Stage 23—MODERATE SEVERE Water Shortage Conditions
Target: Achieve a 15 percent reduction in daily water demand for each wholesale
customer utilizing City's water supply system.
Best Management Practices for Supply Management:
• The City will coordinate with the necessary agencies to ensure that unnecessary
releases of water from the Reservoir System are minimized.
• The City will encourage each wholesale water customer to utilize alternative
water sources such as interconnections with another water system, temporary
use of a water supply other than from the City's system, use of reclaimed water
for non-potable purposes, etc.
Water Use Measures for Reducing Demand:
• The City of Corpus Christi City Manager, or designee, will contact wholesale
water customers to discuss water supply and/or demand conditions and will
request that wholesale water customers initiate additional mandatory measures
to reduce non-essential water use (e.g. implement Stage 23 of the customer's
drought contingency plan).
• The City of Corpus Christi City Manager, or designee, will initiate preparations for
the implementation of pro rata curtailment of water diversions and/or deliveries in
accordance with Texas Water Code §11.039 by preparing a monthly water usage
allocation baseline for each wholesale customer according to procedures
specified in 16.9 of the Plan.
• The City of Corpus Christi City Manager, or designee, will provide a regular
report to the news media with information regarding current water supply and/or
demand conditions, projected water supply and demand conditions if drought
conditions persist, and consumer information on water conservation measures
and practices.
Other Actions to be Taken:
• The City will notify, in writing, operators of recreational facilities to consider
issuance of signs near boat ramps and in public parks notifying the public that
the Reservoir System is operating at less than 30 percent of its conservation pool
volume, and that a Stage 23 Reservoir SystemDret Response level has been
declared. The City will recommend that operators post information to the public
regarding Stage 23 of the Drought Contingency Plan and possible boating safety
hazards due to decreasing Reservoir levels.
26
Stage 34—CRITICAL Water Shortage Conditions
Target: Achieve a 30 percent reduction in daily water demand for each wholesale
customer utilizing City's water supply system.
Best Management Practices for Supply Management:
• The City will coordinate with the necessary agencies to ensure that unnecessary
releases of water from the Reservoir System are minimized, including leakage
from project gates.
• The City will encourage each wholesale water customer to utilize alternative
water sources such as interconnections with another water system, temporary
use of a water supply other than from the City's system, use of reclaimed water
for non-potable purposes, etc.
Water Use Restrictions for Reducing Demand:
• The City of Corpus Christi City Manager, or designee, will contact wholesale
water customers to discuss water supply and/or demand conditions and will
request that wholesale water customers initiate additional mandatory measures
to reduce non-essential water use (e.g. implement Stage 34 of the customer's
drought contingency plan).
• The City of Corpus Christi City Manager, or designee, will initiate pro rata
curtailment of water diversions and/or deliveries for each wholesale customer
according to the procedures specified in Section 16.9 of the Plan in accordance
with Texas Water Code §11.039.
• The City of Corpus Christi City Manager, or designee, will provide a regular
report to the news media with information regarding current water supply and/or
demand conditions, projected water supply and demand conditions if drought
conditions persist, and consumer information on water conservation measures
and practices.
Other Actions to be Taken:
• The City will notify, in writing, operators of recreational facilities to consider
issuance of signs near boat ramps and in public parks notifying the public that
the Reservoir System is operating at less than 20 percent of its conservation pool
volume, and that a Stage 34 Reservoir SystemDrought Response level has been
declared. The City will recommend that operators post information to the public
regarding Stage 34 of the Drought Contingency Plan and possible boating safety
hazards due to decreasing Reservoir levels.
27
Stage 45—EMERGENCY Water Shortage Conditions
Whenever emergency water shortage conditions exist as defined in Section 16.7 of the
Plan, the City of Corpus Christi City Manager, or designee, shall:
• Assess the severity of the problem and identify the actions needed and the time
required to solve the problem.
• Inform the utility director or other responsible official of each wholesale water
customer by telephone, email, or in person and suggest actions, as appropriate
to alleviate problems (e.g., notification of the public to reduce water use until
service is restored).
• If appropriate, notify city, county, and/or state emergency response officials for
assistance.
• Undertake necessary actions, including repairs and/or clean-up as needed.
• Prepare a post-event assessment report on the incident and critique of
emergency response procedures and actions.
16.9 Pro Rata Water Allocation
In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 34
have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to
implement allocation of water supplies on a pro rata basis to raw water and treated wholesale
customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation
I preparations shall begin during Stage 23. A provision will be included 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.
(1) A raw water or wholesale treated water customers 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. If the
raw water or wholesale treated water customer's billing history is less than five (5) 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.
(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
28
allocations and shall notify the news media and the Executive Director of the Texas
Commission on Environmental Quality 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.
16.10 Pro Rata Surcharges and Enforcement
During any period when pro rata allocation of available water supplies is in effect,
wholesale customers shall pay the following surcharges on excess water diversions:
• 2.0 times the normal water rate per unit in excess of the monthly allocation up
through 5 percent above the monthly allocation.
• 2.5 times the normal water rate in excess of the monthly allocation from 5 percent
through 10 percent above the monthly allocation.
• 3.0 times the normal water rate in excess of the monthly allocation from 10 percent
through 15 percent above the monthly allocation.
• 3.5 times the normal water rate more than 15 percent above the monthly allocation.
16.11 Variances
The City Manager, or designee, may, in writing, grant a temporary variance to the pro
rata water allocation policies provided by this Plan 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:
(1) Compliance with this Plan cannot be technically accomplished during the duration of
this water supply shortage or other condition for which the Plan is in effect.
(2) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
Persons requesting an exemption from the provisions of this Plan shall file a petition for
variance with the City Manager within 5 days after pro rata allocation has been invoked. All
29 I
petitions for variances shall be reviewed by the City Manager, or designee, and shall include the
following:
(1) Name and address of the petitioner(s).
(2) Detailed statement with supporting data and information as to how the pro rata
allocation of water under the policies and procedures established in the Plan
adversely affects the petitioner or what damage or harm will occur to the petitioner or
others if petitioner complies with this Ordinance.
(3) Description of the relief requested.
(4) Period of time for which the variance is sought
(5) Alternative measures the petitioner is taking or proposes to take to meet the intent of
this Plan and the compliance date.
(6) Other pertinent information.
Variances granted by the City shall be subject to the following conditions, unless waived
or modified by the City.
(1) Variances granted shall include a timetable for compliance with allocation
requirements.
(2) Variances granted shall expire when the Plan is no longer in effect, unless the
petitioner has failed to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring
prior to the issuance of the variance.
16.12 Severability
It is hereby declared to be the intention of the City that the sections, paragraphs,
sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause,
sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such declaration shall not affect any
of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the
same would not have been enacted by the City without the incorporation into this Plan of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
16.13 Reservoir System Operating Plan
Because all the wholesale customers rely on the reservoir systems for their supplies, they are
subject to the Reservoir Operating Plan. A copy of this is included in Attachment C.
30 I
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1912565
PO #
Before me. the undersigned, a Notary Public,this day personally came C-1.k. Qty 3eY1 . who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely the Corpus. Chris/i 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, Kleberg, Live Oak, Nueces. Refugio, and San Patrick), Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy,
was inserted in the Corpus Christi Culler-Times on:
CC-Corpus Christi Caller-Times 02/05/18 Mon
CC-Internet- caller.com 02/05/18 Mon
LEGAL SALES REPRESENTATIVE
rVil
On this I J day ofreb(ua YV ,20 ! I certify that the attached document is a true
and exact copy made by publisher. UU (�V ���p'' „Ail y
�
Notary Public, State of Texas
I/
l �@@ 7s - SYLVI P PEREZ
Y9 My Notary 10 S 126819013
7"B Expires February 27,2021
8B I MONDAY, FEBRUARY 5, 2018 I CALLER-TIMES
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 031355, Ordinance revis-
ing Drought Contingency
Plan; Amending City Code
of Ordinances, Chapter 55,
Article XII Water Resource
Management, regarding
water resource manage-
ment including drought
restrictions, providing an
effective date of February
8, 2018; and providing for
penalties. This ordinance
was passed and approved
on second reading by the
Corpus Christi City Council
on January 30,2018.
/s/Rebecca Huerta
City Secretary