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ORDINANCE NO. 11,679
AN ORDINANCE FIXING RATES FOR SERVICES FURNISHED
BY THE SANITARY SEWER SYSTEM OF THE CITY OF
LITTLE ROCK, ARKANSAS; PRESCRIBING THE METHOD OF
BILLING; PRESCRIBING OTHER MATTERS RELATING THERETO;
AND DECLARING AN EMERGENCY.
WHEREAS in furtherance of the established policy of
the Pollution Control Commission requiring that adequate waste
treatment facilities be operative by the time of the completion
of the nearest down - stream structure of the Arkansas River navi-
gation project, the City of Little Rock, Arkansas (called "City")
has been directed to proceed to construct and place into operation
adequate waste treatment facilities for sewage and industrial waste
presently being discharged into the Arkansas River; and
WHEREAS the Sewer Committee of the City has had prepared
by Forrest and Cotton, Inc., Dallas, Texas, and by Garver and Garver,
Inc., Little Rock, Arkansas, consulting engineers, an engineering
report on providing sanitary sewer service for Arkansas River drainage
area and estimates of costs of needed betterments and improvements
(called "engineering report "), which engineering report has been
approved by the Sewer Committee and recommended to the Board of
Directors of the City; and
WHEREAS the Board of Directors has studied the engineering
report which, generally stated, recommends a construction program
in three phases (called "sections" in the engineering report) at
intervals of approximately one year, with Section 1 consisting of
the construction of an interceptor, Section 2 consisting of the
construction of an interceptor, force main, sewage lift station
and sewage treatment plant, and Section 3 consisting of the con-
Page 2
struction of an interceptor, all with needed and related improve-
- ments and expenditures and, where necessary, the acquisition of
lands and easements; and
WHEREAS it has been determined that the most feasible
way to finance the cost to the City of the needed betterments and
improvements (with it being contemplated that moneys will be obtained
from governmental agencies other than the City in the form of a grant
or grants) will be by the issuance of Sewer Revenue Bonds and the
initial step in that undertaking is the adjustment of the rates
for sewer services so as to insure the availability of sufficient
revenues derived from the operation of the Sewer System to adequately
cover operation and maintenance expenses, meet principal and interest
payments on bonds, provide for depreciation, and provide necessary
coverage to insure the salability of bonds on terms in the best
interests of the City and the users of the Sewer 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 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,
industrial waste, water or other liquids, either directly or
indirectly into the Little Rock Sanitary Sewer System) the monthly
� y
Page 3
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.
(d) In the case of customers whose water use is such that
an appreciable percentage does not reach the Sanitary 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 sewer charge for each customer:
(1) For the first 3300 cubic feet of water used -
20(,% per 100 cubic feet, or portion thereof,
with there being a minimum monthly charge of 80C.
(2) For the next 30,000 cubic feet of water used -
18q% per 100 cubic feet, or portion thereof.
(3) For the next 30,000 cubic feet of water used -
13G per 100 cubic feet, or portion thereof.
Page 4
(4) For the next 30,000 cubic feet of water used -
10� 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 of 123,300 cubic feet of water
used - 3�. per 100 cubic feet, or portion thereof.
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
rendered 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 in-
stead 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.
Section 4. That prior to the furnishing of sewer services
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.
Section 5. That the provisions of this ordinance are
separable, and if a section, provisions or phrase shall be declared
invalid, it shall not affect the validity of the remainder of
this ordinance.
Page 5
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 betterments and improvements to the Sewer
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 thereof can be obtained 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: November 15, 1965
Ma or
ATTEST:
City Clerk
(SEAL)