10309r
ORDINANCE NO. 10009
AN ORDINANCE FIXING RATES FOR SERVICES TO BE FUR-
NISHED BY THE SEWER SYSTEM OF THE CITY OF LITTLE
ROCK, ARKANSAS; PRESCRIBING OTHER MATTERS RELATING
THERETO; AND DECLARING AN EMERGENCY
WHEREAS certain extensions, betterments and improvements
to the present Sewer System of the City of Little Rock, Arkansas are
necessary in order to make said System adequate for the immediate
needs of the City and its inhabitants; and
WHEREAS the Sewer Committee has had prepared by K. W.
Lefever, Consulting Engineer of Little Rock, Arkansas, a detailed
report, preliminary plans and estimates of cost of the needed ex-
tensions, betterments and improvements, which report, plans and
estimates have been approved by the Sewer Committee and recom-
mended to the City Council; and
WHEREAS the City Council has studied said report, esti-
mates and plans, a brief general description of which is as follows:
The construction of a new sewage treatment plant to be located
generally on city owned property immediately north of the Fourche
Levee; the construction of a new outfall trunk sewer which will
roughly parallel the existing trunk sewer from the new sewage
treatment plant to a point near Mabelvale Pike from whence the new
sewer will run westerly and northwesterly along Rock Creek and
Grassy Creek to a point about one thousand feet south of #10 High-
way, the size of the new sewer to vary from eight inches diameter
at its upper end to sixty inches diameter at the treatment plant;
and the construction of approximately five miles of sub -mains which
would provide outlets for those portions of the city which cannot
now reach the sewer system by reason of topography. The estimated
cost of the entire project is $4,000,000, including the acquisition
of necessary rights of way, engineering, legal and other necessary
expenses incidental to the construction and the issuance of bonds;
and
WHEREAS it has been determined that the new treatment
plant is immediately needed to abate an existing nuisance, as ad-
judged by the Chancery Court of Pulaski County, Arkansas, and the
new trunk line and sub -mains are immediately needed in order to
furnish necessary capacity and facilities for present needs of the
i
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City and its inhabitants, and the construction is designed to take
care of reasonably anticipated expansion; and
WHEREAS the City Council has determined that it would be
in the best interest of the City and its inhabitants to construct
said extensions, betterments and improvements, but can obtain the
necessary funds therefor only by the issuance of Sewer Revenue
Bonds; and
WHEREAS as the initial step in said undertaking, it is
necessary for the City to establish rates to be charged for services
to be furnished by the Sewer System.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Little Rock, Arkansas:
Section 1. That the following monthly rates be, and they
are hereby, fixed as rates to be charged for services to be fur-
nished by the Sewer System of the City of Little Rock, Arkansas,
which rates the City Council hereby finds and declares to be
reasonable and necessary minimum rates to be charged:
(a) The Sewer Committee shall compute separately for
each customer (customer being hereby defined as any landowner whose
buildings or premises are connected with and use the Little Rock
Sanitary Sewer System or otherwise discharge sanitary sewage, in-
dustrial waste, water or other liquids, either directly or indi-
rectly, into the Little Rock Sanitary Sewer System) the average
monthly water consumption of each customer for the calendar year
1955, provided that in said computation water consumption for the
months of June, July, August and September shall be excluded.
(b) In the case of customers obtaining water exclusively
from the Little Rock Municipal Waterworks the computation shall be
based upon the water consumption records of the Little Rock Munici-
pal Waterworks.
(c) In the case of customers obtaining water from
sources other than the Little Rock Municipal Waterworks, the Sewer
Committee shall determine the amount of water obtained by such cus-
tomers from other sources, and the amount so determined shall be
used (together with the amount reflected by the Little Rock Munic i-
pal Waterworks records if any said customer also obtained water
Page 3
from the Little Rock Municipal Waterworks) in making said computa-
tion.
(d) In the case of customers whose water use is such that
an appreciable percentage does not reach the Sanitary Sewer System,
during the months taken into consideration in making said computa-
tion, the Sewer Committee, upon application and a sufficient showing
by any such customer, shall determine the percentage of total water
usage that does reach the Sanitary Sewer System, and said computa-
tion shall be based on that percentage.
(e) In the case of new or other customers who have not
used the Sanitary Sewer System for an entire calendar year, the
Sewer Committee shall make said computation upon a fair and just
basis, taking into consideration such figures of actual water usage
as are available, if any, and the water consumption of owners of
property of similar size and nature.
(f) The Sewer Committee may recompute the average
monthly water consumption of customers, in the manner above speci-
fied, at the end of each calendar year, and shall make such a re-
computation at least once every three years.
(g) The following rates shall be applied to the average
monthly water consumption of each customer, as above determined, to
arrive at the monthly sewer charge for each customer:
(1) For the first 400 cubic feet of water
used, or portion thereof - 56¢, said amount
being the minimum monthly sewer charge for
each customer.
(2) For the next 2900 cubic feet of water
used - 14¢ per 100 cubic feet, or portion
thereof.
(3) For the next 30,000 cubic feet of water
used - 12¢ per 100 cubic feet, or portion
thereof.
(4) For the next 30,000 cubic feet of water
used - 9¢ per 100 cubic feet, or portion
thereof.
(5) For the next 30,000 cubic feet of water
used - 7¢ per 100 cubic feet, or portion
thereof.
(6) For the next 30,000 cubic feet of water
used - 5¢ per 100 cubic feet, or portion
thereof.
(7) For all in excess of 123,300 cubic feet
of water used - 20 per 100 cubic feet, or
portion thereof.
Page 4
Section 2. That vacant, unoccupied property not actually
using the Sewer System shall not be subject to a charge, but the
burden of showing vacancy and non -use shall rest upon the owner of
the property.
Section 3. That all bills for sewer service shall be ren-
dered monthly. Under the provisions of Ark. Stats. 19- 4113, a lien
is fixed upon the land for any unpaid sewer charge, even though the
use of the Sewer System is by a tenant or lessee instead of the
owner, and if any sewer charge is not paid within thirty days after
the same is due, suit shall be brought to enforce the lien and to
collect the amount due, together with a 10% penalty, and a reason-
able attorneys fee.
Section 4. That prior to the furnishing of sewer ser-
vices to any owner of property located outside the City limits of
the City of Little Rock, as such limits may from time to time be
changed, approval of the furnishing of sewer service and the amount
of the charges shall be obtained from such regulatory bodies as may
have jurisdiction, it being hereby determined that the charges to
any such customers should be increased above those applicable to
City customers in such amounts as may be reasonable under all appli-
cable conditions and circumstances.
Section 5. That the provisions of this ordinance are
separable, and if a section, provision or phrase shall be declared
invalid, it shall not affect the validity of the remainder of this
ordinance.
Section 6. That all resolutions and ordinances and parts
thereof in conflict herewith are hereby repealed.
PASSED: October- .6,1 , 1956.
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