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HomeMy WebLinkAbout5451ORDINANCE NO. S AN ORDINANCE ESTABLISHING JUST AMID EQUITABLE RATES AND CHARGES FOR ME USE OF AND THE SERVICE RENDERED BY THE PROPOSED IMPROVEMENTS TO THE SANITARY SEWER SYSTEM BEING CONSTRUCTED BY THE CITY OF LITTLE ROCK, COUNTY OF PULASKI, STATE OF ARKANSAS; AND PROVIDING FOR THE COLLECTION OF SAID RATES AND CHARGES; AND FOR REPEALDTG ORDINANCE NO. 5304 PASSED JANUARY 20, 1936; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock, in the County of Pulaski, State of Arkansas ( also referred to as the "City") , is oontempla- ting and has heretofore purchased land and rights -of-way for and is now constructing the improvements to the sanitary sewer system at a maximum cost of $1,640,000,00; and WHEREAS. the City has issued revenue bonds therefor in the aggregate principal amount of $902,000.00, bearing interest at the rate of 4% per annum, and maturing in the amounts and years as follows: 1937 $12, OOO 400 1938 15 4 000 , 00 1939 -43, both inclusive 200000,00 194447, both inclusive 25,000,00 1948 -i51, both inclusive 30,000,00 1952.57, both inclusive 35,000,00 1958 -60, both inclusive 40t000oOO 1961 -65, both inclusi -re 45,000.00 WHEREAS, the City desires at this time to establish rates or charges for the use of and the services rendered by said improve- scent s; and WHEREAS, the City is authorized by law to establish and maintain such rates or charges; and WBIREAS, it is deemed advisable to establish such rates on a flat monthly basis, the rate to be based upon the average of two months when the water consumption by the users is at a minimum, practically all of which is going into sewers; NOW, THEREFORE, BE IT ORDAINED by the said City Coun- cil of said City of Little Rock, Arkansas, as follows: Section 1, That Ordinance 5304 entitled "An Ordinance Establishing Just and Equitable Rates or Charges for the use of and the Service Rendered by the Proposed Improvements of Little Rock, in the County of Pulaski, State of Arkansas; and Providing for the Collection of said Rates or Charges," and approved the twentieth day of January, 1936 is hereby repealed. Section 2. That it is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Little Rock, Arkansas, to levy and collect equitable and just charges or rentals upon all landowners whose premises are connected with and use the Municipal Sanitary Sewer System of said City, the proceeds of such charges or rentals so derived to be for the use of the Municipal sanitary sewerage system and the related pumping plant or plants of said City, as hereinafter provided, Section 3, For the purposes as provided in Section 2, there is hereby levied and assessed upon each landowner whose buildings or premises are connected with and use the Municipal sanitary sewerage system of said city or otherwise discharge sewage, industrial wastes, water or other liquids, either di- rectly or indirectly into the Municipal sanitary sewerage system, a sewerage ^erviee charge or rental payable as herein- after provided, and in amount determinable as follows: (a) For any landowner whose buildings or premises are connected with and use the Municipal sanitary sewerage system, or otherwise discharge sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the Muni- cipal sanitary sewerage system, said the rge or recital shall be based upon the average of the quantity of water used during the months of December, 1936 and January, 1937, there cn or th ere in as the same was measured bythe City water meter there in use, and there shall be charged a flat rate for all domestic users of the Municipal sanitary sewerage system on the following basis: For a water r° onsumption of less than 2,250 gallons, the sum of U ,20 per month; For a water consumption equal to or greater than 2,250 gallons, but less than 3,000 gallons, the sum of $0,25 per month; For a water consumption equal to or greater than 3,000 gallons, but less than 60000 gallons, the sum of $0 .,35 per month; For a water consumption equal to or greater than 6,000 gallons, but less than 91,000 gallons, the sum of $0,45 per month; For a water consumption equal to or greater than 9,000 gallons, but less than 12,000 gallons, the sum of $0,55 per month; For a water consumption equal to or greater than 12,000 allons, but less than 24,000 gallons, the sum of 90.65 per month; For a water c ans umpt io n equal to or greater than 24,000 gallons, the sum of 0s75 per month; (b) For any landowners whose buildings or premises are connected with and use the Municipal sanitary sewerage system, or otherwise discharge sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the Municipal sanitary sewerage system, said charge or rental shall be based upon the average of the quantity of water used during the months of December, 1936 and January, 1937 thereon or therein as the same was measured by the City water meter there in use, and there shall be charged a flat rate for all Commercial users of the City sanitary sewerage system on the following basis: For a water consumption of less than 3,000 gallons the sum of $0 *50 per month; For a water consumption equal to or greater than 3,000 gallons, but less than 6,000 gallons the sum of $1,00 per month; For a water con sumpt ion equal to or greater than 6,000 gallons, but less than 9,000 gallons, the sun of $1050 per month; For a water consumption equal to or greater than 9,000 gallons, but less than 15,000 gallons, the sum of `2000 per month; For a water consumption equal to or greater than 15,000 allons, but less than 21,000 gallons, the sum of f2,50 per month; For a water consumption equal to or greater than 21,000 gallons, but less than 30,000 gallons, the sum of $3,00 per month; For a water consumption equal to or greater than 30,,000 gallons, but less than 50,000 gallons, the sum of $ 3 * 50 per month; .For a water consumption equal to or greater than 50,000 gallons, but less than 75,000 gallons, the sum of $4 ,,00 per month; For a water consumption equal to or greater than 75,1000 gallons, but less than 150,000 gallons, the sum of $6 400 per month; For a water consumption equal to or greater than 150,000 gallons, but less than 3000000 gallons, the sum of $8„00 per month; For a water consumption equal to or greater th8n 300,000 gallons, but less than 600,000 gallons, the sun of $10.00 per month; For , 00 water gallons, butolessuthan 1#000 000 gallons, 600,000 gallons, the sum of $12.50 per month; For a water consumption equal to or greater than 1,000,000 gallons, the sine of $15,00 per month. Non - profit making and charitable institutions and orga i ations who do not d rive the major pports essed of t�ie�r sup��ort from taa �a,nmaximumlofoThree Dollars ( 3a0�)opermmonth. than (c) Domestic users shall be defined as follows: (a) One and two family occupancy under one roof, and (b) more than one family under one roof where individual meters are used. All others are defined as Commercial users. (d) In the event that the building or premi se s of any landowner, discharging sanitary sewage, industrial waste, water or other liquids into the Municipal sanitary sewerage system, either directly or indirectly, is a user of water not supplied by the Water Department of said City, or is a user of water sup- plied by the Water Department of said City and also is a user of water supplied from some source other than the Water Depart- went of said City; and if the water used thereon or therein which is supplied from a source other than the Water Department of said City is not measured by a city water meter, or by a meter accept- able to the Sanitary Board; then, in each such case the amount of water so used shall be estimated by the Sanitary Board in order to determine the sewer service charge or rental as provided in this ordinance, unless the owner or other interested party at his expense shall install and maintain a meter, acceptable to the Sanitary Board for said purpose. (e) Any owner of any building or premises, discharging sanitary sewage, industrial waste, water or other liquids into the Municipal sanitary sewerage system either directly or in- directly, in which premises water is so utilized in manufactur- ing, industrial or other processes, that some of it after use is not discharged into the Municipal sanitary sewerage system, either directly or indirectly, may apply to the Sanitary Board to have the water entering the premises and not discharged to the sewerage system deducted from the aggregate of water con- sumption on which the sewer rental charge is determined. In the event of such application by an owner of such premises, the Sanitary Board may permit such owner to install a separate meter or meters under conditions satisfactory to said Board, to measure the water entering the premises but not discharged to the sewer system and the amount of water not discharged into the Municipal sanitary sewerage system as so determined shall not be included in the water consumption to which the sewer service charged or rentals as herein provided shall be applied. (f) The landowner of vacant, unoccupied property not actually using the Municipal sanitary sewerage system shall not be subject to a service charge or rental as herein provided. (g) The sewer service charge or rental provided in the ordinances shall be payable monthly at such place as will be des- ignated in said City by the Sanitary Board. Section 4, For any landowner from whose building or premises connection is made with the Municipal sanitary sewerage system and which begins to discharge sewage, any industrial waste, water or other liquid into the Municipal sanitary sewer- age system, either directly or indirectly, after the ordinance becomes effective, a charge shall be made pursuant to this ordinance, said charge to be made as of the date when the dis- charge into the sewage system begins. Said charge shall be esti- mated by the Sanitary Board, and made on a monthly basis, until the following December and January, when the charge shall be fixed by said Board, based upon the average consumption of water for said months of December and January, at the rate as herein - above provided, and the estimated rate theretofore charged shall be adjusted accordingly by said Board, and if the estimated charge was lower than the fixed charge, the difference for the period said charge was estimated, shall be paid by the landowner at the time of paying the monthly charge after such adjustment is made. If the estimated rate was too high, credit shall be given such landowner for all excess amounts so paid by crediting such difference on future monthly charges. Section 5. To prevent inequalities in the flat charge in future years due to increased or decreased use of water, the Sanitary Board may from time to time readjust such flat charge by ascertaining the monthly consumption of each and every land owner during any two of the months of November, December and the following January, February or March and dividing such monthly consumption of any of said two months by two, so as to ascertain the average monthly consumption and readjust the charge to each landowner in accordance with such average monthly consumption for such period so selected by said Board, and thereafter the flat rate or charge to each land owner shall be made by said Board based on such average monthly consumption for such period at the rate as set forth in Paragraph No. 3 hereof. Section 6,. Each charge or rental if not paid when due shall constitute a lien upon the premises served by such Municipal sanitary sewerage system; said charges to constitute a lien upon the fee title to the land and permanent improve- ments even though the occupant receiving the benefit of the service for which the rate or charge is due has merely a lease- hold interest (or other lesser estate) in the premises. If any service rate or charge so established shall not be paid within thirty days after the same is due, the amount thereof, toget her with a penalty of t en percent. and a reasonable a ttorney's fee, may be recovered by the Sanitary Board in an Equity Suit, filed in the Chancery Court of Pulaski County in the name of the City of Little Rock or in the name of the Trustees under the indenture securing the revenue bonds, or in the name of the bondholders (to such extent as their right to sue in their own name may be permitted under the indenture) , in which suit said lien may be foreclosed against such lot, parcel of land or building. Section 7. The charges or rentals levied pursuant to this ordinance shall be collected by the Sewer Department under the supervision of the Sanitary Board, and the Sanitary Board shall make and enforce such rules and regulations as may be deemed necessary for the safe, economical and efficient manage- ment and protection of the Municipal sanitary sewerage *rstem and the sewage pumping works, for the construction and use of sewers and connections to the 1Y1Junicipal sanitary sewerage system, and for the regulation, collection, rebating and re- funding, increasing and adjusting such charges or rentals. Section 8. The funds received from the collection of the charges or rentals authorized by this ordinance shall be deposited daily- with the Treasurer of the City who shall be custodian of such funds and shall deposit all the revenues of the Municipal sanitary sewerage system into a separate fund to be administered as set forth in Section 4 of Ordinance No. 5305 adopted by the City Council on January 20th, 1936. Section 9. That it is hereby found and declared that the rates and charges as above set forth will produce a total revenue sufficient in each year for the payment of the proper and reasonable expense of. operation, repair, replacements and maintenance of the Municipal Sanitary Sewer System and for the payment of the sums required to be paid into a sinking fund for retirement of revenue bonds and the interest thereon issued to construct the Municipal Sanitary $ewer System. Section 10. That the City Council may change and ad- just the foregoing rates or charges from time to time in accord- ance with the provisions of Act 132 ofthe regular session of the General Assembly of the State of Arkansas for the year 1933, and in any event such rates or charges shall be established, ad- justed and maintained so as to be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair, replacements and maintenance of the Municipal Sanitary Sewer System and for the payment of the sums required to be paid into the sinking fund for retirement of the revenue bonds and interest thereon issued to pay the costs of the construct- ion of the Municipal Sanitary Sewer System, Section 11, That all powers, rights and privileges conferred by Act 132 of the regular session of the General Assembly of the State of Arkansas for the year 1933, relative to the collection of sewer service charges or rentals as estab- lished herein a e hereby expressly reserved to the City, Section 12. That all ordinances and resolutions or parts thereof in conflict herewith be, and the same are hereby repealed, Section 13, TNHEREA.S, the City of Little Rock is at the present time without an adequate sanitary sewer system, and EEREAS, the sanitary sewer system vitally affects the health and welfare of the citizens of the City of Little Rock; IT IS HEREBY FOUND AND DECLARED that an emergency ex- ists and that this ordinance is necessary for the immediate preservation of the public peace, health and safety and this ordinance shall take effect and be in full force from and after its passage and approval in accordance with law. PASSED: APPROV Mayor ATTE City Clerk S E A L Section 14. If any clause, paraWraph or section of this ordinance is found to be unconstitutional or inoperative by any court of competent jurisdiction such finding shall not affect the validity of the remainder of the ordinance. If any clause, section or paragraph of this ordinance is attacked in any pro- ceeding in any court such proceeding shall not operate to stay the enforcement of the remainder of the ordinance not so specifically attacked.