Reporting by Felicity Guajardo, Corpus Christi Caller Times
Corpus Christi voters will decide in November whether to eliminate a program that allows participating large-volume water users to pay a fee in exchange for exemption from drought surcharges.
The Corpus Christi City Council voted 6-2 on Aug. 11 to place the Fair Water Amendment on the Nov. 3 election ballot.
Under a program adopted in 2018, large-volume users can pay 31 cents per every 1,000 gallons of water used each month, regardless of drought conditions, to be exempt from surcharges if the city were to implement them.
Similar programs are not available to other Corpus Christi Water customers, such as residents.
If the city enters a water emergency, large-volume water users would not be exempt from surcharges even if they pay fees.
The City Council could have chosen to declare the Fair Water Amendment a “climate charter” amendment under Texas law, in which case the amendment would have needed approval from the Texas Legislature before appearing on a ballot.
Climate charter debate for Fair Water Amendment
Interim City Attorney Buck Brice, had recommended in a July 30 memo that the Fair Water Amendment be declared a climate charter amendment.
He said the amendment is climate related because it addresses “environmental impact” and that it does not have to directly use the phrase “climate change.”
Brice’s recommendation stemmed from an opinion by the Office of the Texas Secretary of State, which had reviewed the proposed Fair Water Amendment, that said there was a potential argument to declare the amendment a climate charter.
Max Hicks, the petition organizers’ attorney, wrote in an opinion delivered to the council on Aug. 7 that the amendment is “narrowly directed” at the exemption fee program and is not addressing city-wide climate policy. Hicks wrote that Brice’s recommendation was “legally wrong.”
Organizers and voters who signed the petition were prepared to sue city officials to force the Fair Water Amendment on the ballot if the City Council declared the amendment a climate charter, according to the opinion letter from Hicks.
The majority of council members said they respected petitioners for following the City Charter and acquiring more than 12,700 signatures in favor of the Fair Water Amendment petition.
Signatures of only 5% of registered voters, or about 9,000, were required for the petition to be considered for the ballot.
Council discussion
City Council members Roland Barrera and Mark Scott agreed with the city attorney’s recommendation.
Both members voted to declare the amendment a climate charter, denying it from the November ballot.
Council members Carolyn Vaughn and Roland Barrera voiced concerns about water rates going up for residential or commercial customers if the surcharge exemption fee program were eliminated. The program has generated $6 million annually, according to City Manager Peter Zanoni.
Zanoni said that revenue would potentially have to come from other commercial, residential or large-volume customers.
Councilman Gil Hernandez expressed his disagreement with the underlying policy of the amendment but said the climate charter recommendation was a “stretch.”
Councilwoman Sylvia Campos said that passage or denial of the amendment could be challenged through lawsuits either way and that the council should follow the charter process.
Chloe Torres, coastal bend regional coordinator for Texas Campaign for the Environment, said that although some council members disagreed with the amendment, it stood out to her that council members respected the City Charter and the organizers’ efforts.
“Things are usually contentious in council chambers, and I just feel like this was a moment in which we could put aside all of our regular disagreements and really unite on something that, I think, brings voters together across the political spectrum,” Torres said.
Armon Alex, the Fair Water Amendment director, said advocates were prepared for either decision and appreciated the City Council for being receptive to their legal opinion.
“This vote was about more than just the Fair Water Amendment; it was about whether the citizen-led initiative process in Corpus Christi is legitimate,” Alex said.
As the amendment heads to the ballot, organizers for the amendment will now be focused on encouraging voters to show up to the polls to have their voices heard.
Felicity Guajardo covers breaking news and public safety. Contact her at felicity.guajardo@caller.com.
This article originally appeared on Corpus Christi Caller Times.
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