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Home My WebLink About17017 1 RESOLUTION NO. 17,017 2 3 A RESOLUTION TO CONFIRM A TEN PERCENT (10%) FRANCHISE 4 FEE TO BE PAID TO THE CITY OF LITTLE ROCK,ARKANSAS BY THE 5 LITTLE ROCK WATER RECLAMATION COMMISSION BEGINNING 6 JANUARY 1,2008; AND FOR OTHER PURPOSES. 7 8 WHEREAS, pursuant to Little Rock, Ark., Ordinance No. 18,615 (December 18, 2001) ("LRO") 9 No. ")the City of Little Rock, Arkansas("the City")established and assessed a five percent(5%)fran- 10 chise fee for the rental and use of City right-of-way on the Little Rock Water Reclamation Commission 11 ("the Commission"); and, 12 WHEREAS, in 2007,the City realized a need to increase revenues and chose to increase the Commis- 13 sion franchise fee from five percent(5%)to ten percent(10%), and the Commission agreed to such a pay- 14 ment(EXHIBIT A);and, 15 WHEREAS, after public notice and public Board discussion, the City passed LRO No. 19,898 (De- 16 cember 21, 2007)to adopt the 2008 City budget which included the ten percent(10%)franchise fee to the 17 Commission assessed pursuant to the methodology set forth in Ark.Code Ann. § 14-200-101 (bXi)(B)(ii); 18 and, 19 WHEREAS,the Commission has continued to make such payments to the City by agreement; 20 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 21 OF LITTLE ROCK,ARKANSAS: 22 Section 1.The City established a ten percent(10%) franchise fee for the Commission in 2007, which 23 began to be collected,and has continued to be collected by agreement and by LRO No. 19,898,to and after 24 January 1, 2008,and shall be collected after the date of this Resolution. 25 Section 2. Written notice of this agreement and the City's passage of LRO No. 19,898 to increase the 26 franchise fees to ten percent(10%)was provided to all ratepayers by the collecting agent,Central Arkansas 27 Water("CAW") in January 2008. [EXHIBIT B] 28 Section 3. The documentation of the actions referred to within this Resolution were included in the 29 official minutes of the Little Rock Board of Directors for December 21,2007 [EXHIBIT C 30 Section 4.Severability. In the event any title,section,paragraph,item,sentence,clause,phrase,or 31 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju- 32 dication shall not affect the remaining portions of the resolution which shall remain in full force and effect 1 as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the reso- 2 lution. 3 Section 5.Repealer.All laws, ordinances, resolutions,or parts of the same,that are inconsistent with 4 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 5 ADOPTED:April 7,2026 6 ATTEST: APPROVED: 7 9 Allison Segars,City C k Frank Scott,Jr.,Mayor 10 APPROVED AS TO LEGAL FORM: 11 12 1.4--714,4—J r v , ' 13 Thomas M.Carpenter,City Atto ey 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // (Page 2 of 131 EXHIBIT A I ORDINANCE NO. 21,040 2 3 AN ORDINANCE TO AMEND LITTLE ROCK,ARK., REV. CODE§35- 4 103(1988)TO ADD A SECTION WHICH NAMES THE COMMITTEE THE 5 LITTLE ROCK WATER RECLAMATION COMMISSION;TO DECLARE 6 AN EMERGENCY;AND,FOR OTHER PURPOSES. 7 8 WHEREAS, when the City followed State Law and created a Sanitary Sewer Committee, the 9 organization became known as the Little Rock Sanitary Sewer Committee("the Committee");and, 10 WHEREAS,the scope of authority for a wastewater system is much more involved than just sewer I I collection, and now deals with significant Federal and State Statutes and regulations that address the 12 reclamation of water from a sewer system;and, 13 WHEREAS,on April 22,2015,the Committee approved Resolution No.2015-06 which suggests that 14 the name of the Committee be changed to reflect the water reclamation obligations that are involved with 15 sewer collection and treatment; 16 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 17 OF LITTLE ROCK,ARKANSAS: 18 Section 1. Little Rock,Ark.,Rev.Code§35-103(1988)is hereby amended to add a new subsection 19 (f)which states: 20 (f) The name of the committee shall be the Little Rock Water Reclamation 21 Commission. 22 Section 2. Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are 23 inconsistent with the provisions of this ordinance,are hereby repealed to the extent of such inconsistency. 24 Section 5. Severability. In the event any title,section,paragraph,item,sentence,clause,phrase,or 25 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 26 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 27 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 28 ordinance. 29 Section 6. Emergency Clause.It is essential to provide an appropriate name for the entity primarily 30 responsible for the collection,treatment,and discharge of sewage and effluent from structures within the 31 City, particularly when such responsibility also entails compliance with federal and state statutes and 32 regulations that encompass various aspects of water reclamation,and to assure that such a designation is 33 in place as quickly as possible;this requirement is essentially to the public health,safety and welfare:an I Page I of 21 ( [Page 3 of 13] 1 emergency is,therefore,declared to exist and this ordinance shall be in full force and effect from and after 2 the date of its passage. 3 PASSED: May 19,2015 4 ATTEST: APPROVED: / (/'4‘ 6 VAMP: 7 Sumo R , ,City Clerk Mark Stodola,Mayor 8 APPR I S TO LEGAL FORM: 9 10 LI.aYL^� 11 Thomas M.Carpenter,City Attorney 12 // 13 // 14 /l 15 // 16 // 17 // 18 11 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 II 31 // 32 /I 33 // 34 // 35 // Wage 2of21 [Page 4 of 13] EXHIBIT B L City of Little Rock Bruce T.Moore City Hall,Room 203 City Manager 500 W.Markham Little Rock,Arkansas 72201-1427 (501)371-4510 Fax:(501)371-4498 www.littlerock.org citymanager@ littlerock.org December 24, 2007 Mr. Graham Rich - Central Arkansas Water 44f " P.O. Box 1789 �.. Little Rock,AR 72203 4♦:� ✓�/fr ` & Mr. Reggie Corbitt ••� /, Little Rock Wastewater Utility �- 11 Clearwater Drive 4,4149,.4. 4 - CY Little Rock,AR 72204 %/ Dear Sirs, On December 21, 2007, the Little Rock City Board of Directors adopted the City's 2008 budget. As a part of the budget, the City Board of Directors raised the franchise fee for water and sewer to 10%, effective January 1, 2008. As a result of this action, we request that you make the necessary adjustments to begin collecting this fee for the City. Thank you for your assistance with this matter. If you have any specific questions, or need additional information, please feel free to call. Sincerely, Bruce T. Moore City Manager [Page 5 of 131 CENTRAL ARKANSAS WATER RATE CHANGE CHECK UST A. WATER RATE CHANGES VOLUME CHARGE EFFECTIVE MINIMUM CHARGE INSIDE CITY OUTSIDE CITY DESCRIPTION DATE OLD NEW OLD NEW OLD NEW METER SIZE 5/8" it 3/4" -'- ,1'3 1" 1 112 2" 3" 4" 8' 10" 12" CITY. Little Rock CUSTOMER CLASS RESIDENTIAL ";:a l'„ s.s:* lµ1 *OO;O COMMERCIAL '-r` i!r t INDUSTRIAL SPRINKLER MASTER METER PEAK ��5"' MASTER METER OFF PEAK x.:+� s..'�2 hex Y41 RAW WATER PRIVATE FIRE SERVICES SEE DETAILS IN RESOLUTION FRANCHISE FEES February-Cycle 2 { 6.9% 10.0% B. SEWER RATE CHANGES VOLUME CHARGE - EFFECTIVE MINIMUM CHARGE INSIDE CITY OUTSIDE CITY DESCRIPTION DATE OLD NEW OLD NEW OLD NEW SEWER PROVIDER Little Rock Wastewater METER SIZE 5/8" 3/4" 1" 1 1/2" 2" 3" 4" 6. r g J 1o" 12" VOLUME CHARGES 2, FLAT RATES FRANCHISE FEES February-Cycle 2 6.9% 10.0% (Page 6 of 131 C. REFUSE CHANGES EFFECTIVE CHARGE DESCRIPTION DATE OLD NEW LITTLE ROCK SANITATION aL.":� '• k3-;�; SHERWOOD SANITATION WRIGHTSVILLE SEWER a::=: " OTHER ATTACH A SCHEDULE FOR MULTIPLE CHANGES FROM ONE PROVIDER D. SALES TAX CHANGES EFFECTIVE CHARGE DESCRIPTION DATE OLD NEW STATE OF ARKANSAS PULASKI COUNTY ro s SALINE COUNTY sR_ € ':_..._ OTHER COUNTY: CITY OF LITTLE ROCK CITY OF NORTH LITTLE ROCK _ • I, CITY OF SHERWOOD OTHER CITY: J...._�r_ E. OTHER CHARGE CHANGES EFFECTIVE CHARGE DESCRIPTION DATE OLD NEW DESCRIBE THE CHARGE: YES NO F. ARE ANY PRO-RATIONS REQUIRED? MUM IF YES-DESCRIBE THE METHODOLOGY AND PROVIDE A SPREADSHEET. G. CUSTOMER CHANGES APPLICATION REQUIRED: WATER SEWER REFUSE CUSTOMER LISTING TO BE PROVIDED BY: EFFECTIVE DATE OF CHANGE: 'Page 7 of 131 H. RATE RESOLUTIONS OR ORDINANCES PLEASE ATTACH A COPY OF THE SIGNED RATE RESOLUTION OR ORDINANCE. See Supporting Documents Attached AUTHORIZATION TO IMPLEMENT 1f?ta!' CE DATE IMPLEMENTATION ACCOMPLISHED INFORMATION SERVICES DATE [Page 8 of 131 • - Gary Pittman/CAW To Customer Service,Marie Crawford/CAW@CAW,Jeff 01/04/200802:11 PM Mascagni,Deena Coston,Pat Akin/CAW@CAW,Allen Vincent,Jeanette Shaw/CAWi iCAW,Thad cc bcc Subject franchise fees update Call Center, As was communicated before,the franchise fee percentage charged to LR City residents was set to increase from 6.9%to 10%effective January 1,2008,on water and sewer charges. The City had verbally instructed us to have the new rates on bills going out in January. After we requested their instructions in writing,the City(just today)reversed their position and instructed us not to charge the increase on any December usage which will delay the increase until the first cycle of February. Unfortunately,we have already printed the cycle one bills for January and there is no practical way to reverse the procedure. Attached is a copy of the insert that we are having printed this afternoon to go out with the cycle one bills later today. The insert explains that we have charged the new rate this month but will revert to the old rate in February for one month only(on cycle one only)to make up the difference. You will likely get some calls about this and if a customer's water usage goes up or down on the February billing,it will not wash exactly;however,it is the fairest overall way we can address the issue. 0051_001.pd Thanks, Gary • (Page 9 of 131 CITY OF LITTLE ROCK RESIDENTS: The City of Little Rock's franchise fee on water and sewer charges increased from 6.9%to 10%,effective January 1,2008(Ordinance No.19,898). Your billing statement for this month reflects the franchise fee increase on usage that actually occurred in December To reverse the increase reflected on this billing statement,your billing for February will revert back to the old rate of 6.9% for that month only. Your billing statement for March 2008 forward will reflect the increase. If you have questions,please,call our Customer Service Center at(501)372.5161. • CITY OF UTTLE ROCK RESIDENTS: The City of Little Rock's franchise fee on water and sewer charges increased from 6.9%to 10%,effective January 1,2008(Ordinance No.19,898). Your billing statement for this month reflects the franchise fee increase on usage that actually occurred in December. To reverse the increase reflected on this billing statement,your billing for February will revert back to the old rate of 6.9% for that month only. Your billing statement for March 2008 forward will reflect the increase. If you have questions,please,call our Customer Service Center at(501)372.5161. CITY OF UTTLE ROCK RESIDENTS: The City of Little Rock's franchise fee on water and sewer charges increased from 6.9%to 10%,effective January 1,2008(Ordinance No.19,898). Your billing statement for this month reflects the franchise fee increase on usage that actually occurred in December. To reverse the increase reflected on this billing statement,your billing for February will revert back to the old rate of 6.9% for that month only. Your billing statement for March 2008 forward will reflect the increase. If you have questions,please,call our Customer Service Center at(501)372.5161. { CITY OF LITTLE ROCK RESIDENTS: The City of Little Rock's franchise fee on water and sewer charges increased from 6.9%to 10%,effective January 1,2008(Ordinance No.19,898). Your billing statement for this month reflects the franchise fee increase on usage that actually occurred in December. To reverse the increase reflected on this billing statement,your billing for February wilt revert back to the old rate of 6.9% for that month only. Your billing statement for March 2008 forward will reflect the increase. If you have questions,please,call our Customer Service Center at(501)372.5161. • } IPage 10 of 131 EXHIBIT C Little Rock Board of Directors Meeting—Minutes—December 21,2007 MINUTES BOARD OF DIRECTORS MEETING City Hall—500 W. Markham December 21 2007-3:00 PM The Board of Directors of the City of Little Rock, Arkansas, met in a reconvened session with Mayor Stodola presiding. Nancy Wood, City Clerk, called the roll with the following Directors present: Hendrix, Adcock, Wyrick, Richardson,Cazort, Keck, Wright, Kumpuris, Fortson, Vice Mayor Hurst,and Mayor Stodola. Director Cazort, seconded by Director Keck, mad a motion to place the ordinances(Items 1-6) on second reading. By unanimous voice vote of the Board Members present,being two-thirds in number the rules were suspended and the ordinances were read the second time. 1. ORDINANCE 19,892-Z-6483-A-Establishing a Planned Zoning District titled Episcopal Collegiate School Revised Long-Form POD located at 1701 Cantrell Road, Little Rock, Arkansas. Planning Commission: 10 ayes, 0 rugs, 1 absent. Slab`recommends-approval. 187 Reading Held December 18, 2007. Synopsis: The applicant is requesting a rezoning from various zoning districts to POD to expand the previously approved area and allow the construction of a new elementary school adjacent to the existing school campus. 2. ORDINANCE 19,893-Authorizing the City to join the Arkansas Local Government Health Management Trust,administered by the Arkansas Municipal League;and for other purposes. Isr Reading Held December 18, 2007. 3. ORDINANCE 19,894 - To dispense with the requirement of competitive bidding and authorize the Mayor and City Clerk to enter into an investment management agreement with Stephens Capital Management for the management of the City's assets in the Arkansas Local Government Health Management Trust;and for other purposes. 1 Reading Held December 18, 2007. 4. ORDINANCE 19,895 - To regulate the discharge of industrial wastewater to the public sewer system,providing penalties for violations thereof,and to comply with requirements of the United States Environmental Protection Agency and streamline and clarify the general pretreatment requirements for existing and new sources of pollution at 40 CFR 403; to repeal Ordinance No. 17,966;and for other purposes,all pertaining to the sewer lines and system within the jurisdiction of the City of Little Rock, Arkansas;and declaring an emergency 1sr Reading Held December 18,2007. 5. ORDINANCE 19,896 - To dispense with the requirement of competitive bidding and authorize the City Manager to execute Lawson Contract Change Order No. 7 for additional technology and application consulting services; and for other purposes. 1'sr Reading Held December 18,2007. 1 [Page 11 of 13J Little Rock Board of Directors Meeting—Minutes—December 21,2007 6. ORDINANCE 19,897-G-23-393-To abandon a public right-of- way located in Block 360 and 361, Original City of Little Rock Addition. Maiming Commission: 10 ayes, 0 nays, I absent. Staff recommends approval. ]sr Reading Held December 18,2007. Synopsis: The applicant is requesting a portion of the alley located in Block 360 and Block 361 of the Original City of Little Rock Addition to be abandoned as public right-of-way including all easements. Director Cazort, seconded by Director Keck, made a motion to suspend the rules and place the ordinances (Items 1-6) on third and final reading. By unanimous voice vote of the Board members present, being two-thirds in number the rules were suspended and the ordinances were read the third time. By unanimous voice vote of the Board members present, the ordinances (Items 1-6)were passed. The emergency clause on Item 4 was passed. OTHER BUSINESS(Items 7-8) Mayor Stodola requested the first reading of the ordinance(Item 7). 7. ORDINANCE 19,898 -Providing for and adopting the 2008 Budget for the City of Little Rock for the period beginning January 1, 2008, and ending December 31, 2008; appropriating resources and uses for every expenditure item and fund,declaring an emergency; and for other purposes. Staff recommends approval. The ordinance was read the first time. Director Keck, made a motion, seconded by Director Cazort, made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present,being two-thirds in number the rules were suspended and the ordinance was read the second time. Speaker Delores Lecompte was opposed to the increased franchise fees on water and sewer, which will be passed on to the citizens of Little Rock. She added that she felt that the Advertising and Promotions Commission should share more of the City's expenses. Speakers Jim Nichols and Nita Moser, representing AFSME, stated that the 2.5% raise was insufficient. Because of rising gas prices, insurance costs, the 2.5% in not equal to the cost of living. They stated that they represent the City Employees who make$9 an hour,and for those people, it's like a decrease in pay. They both stated they would be willing to work with staff and the Board to look for other revenue sources to come up with additional revenue to support raises. A lengthy discussion took place which included discussion on employee raises, which the directors concurred they did not believe was enough. They discussed the increases in water and sewer fees, and did not like the thought of passing those on to the citizens. Discussion also included possible reductions in outside agency support such as the Arts Center or the Arkansas Symphony;one time fund transfers from fleet services and the solid waste funds;raising parking fines; the savings that would occur by the Little Rock Convention and Visitors Bureau taking over public relations costs for the downtown River Market District; funding eighty beds at the Pulaski County Jail; additional funds for additional beds at the Faulkner County Jail; and the vacancy savings rate of leaving one hundred jobs unfilled. 2 (Page 12 of 13] fr a, Little Rock Board of Directors Meeting—Minutes-December 21,2007 Also discussed was the possibility of looking at a tax on people who do not live in the city but are employed within the city limits, the amount spent on contracts and supplies listed in the budget, and a plan to give employees more equality raises. A proposal was made to start in January 2008 looking for sources of revenue for the City for the 2009 Budget process. Director Keck, seconded by Director Wright,made a motion to suspend the rules and place the ordinance on third reading. By unanimous vote of the Board Members present the motion was passed. Director Wyrick voted no. The rules were suspended and the ordinance was read the third time. A roll call vote was taken and recorded as follows: Directors Richardson, Wyrick,Adcock,and Hendrix voted no. Directors Cazort, Keck, Wright,Kumpuris, Fortson, and Vice Mayor Hurst voted yes. A voice vote was called on the emergency clause; all were in favor except Director Wyrick,who voted no.The ordinance and emergency clause passed. Mayor Stodola requested the first reading of Item 8. 8. ORDINANCE 19,899 -To amend Little Rock, Arkansas, Ordinance 18,644. as to certain tines for parking violations; to declare an emergency; and for other purposes. Staff recommends approval. The ordinance was read the first time. Director Cazort,seconded by Director Richardson,made a motion to suspend the rules and place the ordinance on second reading. By unanimous voice vote of the Board Members present, the rules were suspended and the ordinance was read the second time. Director Cazort, seconded by Director Richardson, made a motion to suspend the rules and place the ordinance on third reading. By unanimous voice vote of the Board Members present. being two-thirds in number, the rules were suspended and the ordinance was read the third time. A voice vote was held and recorded as follows: Directors Hendrix and Adcock voted no. Directors Richardson, Cazort, Keck, Wright, Kumpuris, Fortson, and Vice Mayor Hurst voted yes. The ordinance and emergency clause passed. Director Adcock asked Mr. Carpenter and staff to prepare legislation on a declarative judgment or at least an outline by the January 15th meeting,in regard to the prisoner situation at the Pulaski County Detention situation. Director Cazort, seconded by Director Richardson, made a motion to adjourn. By unanimous voice vote of the Board Members present,the meeting adjourned at 4:10 PM. ATTEST: APPROVED: /Z7te,' Na4'WooMC Mark Stodola City Clerk Mayor 3 (Page 13 of 13j