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HomeMy WebLinkAbout1167900 LO LO Ln 0 00 N rl b 0 .o b N b c Q) I r � .r 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)