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HomeMy WebLinkAbout20311I i t UUN i T .1tKK 1 ORDINANCE NO. 20.311 Fees $20.00 lUIUUoar41 rieceived: 9114 /20101:58:31 PM Recorded: 09114 20410 02:04:05 PM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUIT /COUNTY CLERK 1 ORDINANCE NO. 20,311 Fees $20.00 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 35- 4 152 (1988) TO ALLOW FOR CONTRACTUAL RATES FOR SANITARY 5 SEWER SERVICES THAT DO NOT ADVERSELY IMPACT THE 6 OVERALL RATE STRUCTURE; TO DECLARE AN EMERGENCY; 7 AND FOR OTHER PURPOSES. 8 WHEREAS, the authority to operate and maintain the Little Rock Wastewater Utility is 9 vested in the Little Rock Sanitary Sewer Committee ( "the Committee "), but the authority to 10 establish an equitable rate system is vested in the City Board of Directors ( "the Board "); and 11 WHEREAS, the Committee has determined and recommended to the Board that the 12 following change be made to the City Code of Ordinances in order to allow appropriate 13 modifications for sewer rates by contract in exceptional circumstances; and, 14 WHEREAS, it is in the best interests of the City and the Committee's customers to permit 15 such modifications in exceptional circumstances by the adoption of this amendment; 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 17 THE CITY OF LITTLE ROCK, ARKANSAS: 18 Section 1. Little Rock, Ark., Rev. Code § 35 -152 is hereby amended to read as follows: 19 The following rates shall be effective September 17, 2010, and shall be applied to 20 each customer, unless modified by contract recommended by the Sewer 21 Committee and approved by ordinance by the City Board of Directors if the 22 facility provides its own conveyance directing its waste stream to the digester or 23 other specialty treatment process which does not commingle with the influent at 24 the headworks of the Wastewater Treatment Plant, and which does not adversely 25 impact the fair and reasonable rate structure applicable to all customers, as above 26 determined, to arrive at the monthly charge for each customer. 27 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, 28 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such 29 declaration or adjudication shall not affect the remaining portions of the ordinance which shall 30 remain in full force and effect as if the portion so declared or adjudged to be invalid or 31 unconstitutional were not originally a part of the ordinance. [PAGE 1 OF 2] - ORDINANCE To amend Little Rock, Ark., Rev. Code §35- 152(1988) _ U_ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3. Repealer. All laws. ordinances. resolutions. or Darts of the same that are Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Section 4. Emergency Clause. It is essential to the operation of the Little Rock Wastewater Utility to ensure that appropriate income is available to it for operations; it is also essential that the rate structure charged for all customers be fair and reasonable, but which may, in exceptional circumstances, justify a contractual rate for such services; such assurances are necessary to protect the public health, safety and welfare; an emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: September 7, 2010 j ATTEST: APPROVED: y, City Clerk AS TO LEGAL FORM: ' -Zi liA• Thomas M. Carpenter, City torney // // ORDINANCE To amend Little Rock, Ark., Rev. Code §35- 152(1988) [PAGE 2 OF 2] Mark Stodola, Mayor