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HomeMy WebLinkAbout12625ORDINANCE NO. 12,625 AN ORDINANCE FIXING RATES FOR SERVICES RENDERED BY THE SANITARY SEWER SYSTEM OF THE CITY OF LITTLE ROCK, ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. co Ln Ln WHEREAS, the City of Little Rock, Arkansas (the "City ") owns and LO operates a Sanitary Sewer System (the "System "); and 0 c`oo WHEREAS, the City has undertaken the construction of extensions, ci betterments and improvements to the System (the "improvements "); and (a ON WHEREAS, the improvements include water pollution control facilities, H 00 N and the City is eligible for federal financial assistance under the provisions of b the Federal Water Pollution Control Act, 3 3 U. S. C. A. § 1151 et seq.; and 0 0 WHEREAS, permanent financing of the improvements is being obtained A ra from federal grant funds, a State Grant (hereinafter described) , and available Q) City funds; and WHEREAS, it is necessary to the obtaining of maximum federal assistance that the City receive from the Department of Pollution Control and Ecology of the State of Arkansas (the "Department ") a State Grant for a portion of the costs of the Project, as authorized by Act No. 108 of 1971, as amended ( "Act No. 108 "); and WHEREAS, the City has applied to the Department for a State Grant In an amount not to exceed $1,500,000; and WHEREAS, the Department will obtain funds for the purpose of making the State Grant by the sale and issuance of Pollution Control Revenue Bonds, as authorized by Act No. 10$ (the "Department Bonds "); and WHEREAS, the Department Bonds, as provided in Act No. 108, will not constitute an indebtedness of the State of Arkansas or of the Department within any constitutional or statutory limitation but, as provided by Act No. 108, will be secured by a pledge of and payable solely from revenues derived by the City from the operation of the System; and Page 2. WHEREAS, Act No. 108 requires that the City levy and collect, in addition to other fees and charges, a charge (designated by Act No. 108 as the "Water Quality Control Charge ") sufficient to produce in each year revenues at least equal to 1250/o' of the maximum annual debt service (principal and in- terest) on the Department Bonds; and WHEREAS, as part of the financing program, it is necessary for the City to establish new rates to be charged for the services of the System; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors 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 furnished by the Sewer System of the City, which rates the Board of Directors hereby finds and declares to be reason- able 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 Sewer System or otherwise discharge sanitary sewage, industrial waste, water or other liquids, either directly or indirectly into the Sewer System) the monthly water consumption of each customer. (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 Municipal 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 customers from other sources, and the amount so determined shall be used (together with the amount reflected by the Little Rock Municipal Waterworks records if any said customer also obtained water from the Little Rock Municipal Waterworks) in making the computation. _ Page 3. (d) In the case of customers whose water use is such that an appreciable percentage does not reach the Sewer System, the Sewer Committee, upon application and a sufficient showing by any such customer, shall determine the percentage of total. water usage that shall be charged for, and said computation shall be based on that percentage. (e) The following rates shall be applied to the monthly water consumption of each customer, as above determined, to arrive at the monthly charge for each customer: (1) For the first 3300 cubic feet of water used - 24� per 100 cubic feet, or portion thereof, with there being a minimum monthly charge of 96� (2) For the next 30,000 cubic feet of water used - 22� per 100 cubic feet, or portion thereof. (3) For the next 30,000 cubic feet of water used - 16� per 100 cubic feet, or portion thereof. (4) For the next 30,000 cubic feet of water used - 12� 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 all in excess 123 , 300 cubic feet of water used - 4� per 100 cubic feet, or portion thereof. Section 2. That vacant, unoccupied property not actually using the 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 rendered monthly. Under the provisions of Ark. Stat. Tenn. 0 19 -4113 (Reel. 1968) a lien is fixed upon the land for any unpaid sewer charge, even through the use of the 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 reasonable attorney's fee. FIA Page 4. Section 4. That prior to the furnishing of sewer services to any owner of property located outside the city limits of the City, 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. 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. Section 7. That it is hereby ascertained and declared that the contemplated improvements to the System are necessary in order to remove a hazard to the health, safety and welfare of the inhabitants of the City and that the construction Lnereof can be obtaircd only by establishing the sewer charges fixed in this Ordinance. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage. PASSED: March 29 ATTEST: —ge_4 City lerk