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HomeMy WebLinkAboutOrdinance 1103 ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE AUTHORIZATION, ESTABLISH- MENT OFSEWERVSERVICE CHARGES, PROCEDURE FOR MAKING SEWER CONNECTIONS, AND PROVISIONS FOR THE TERMINATION OF SEWER SERVICE, FOR ALL SEWER CONNECTIONS TO PROPERTIES OUTSIDE THE CORPORATE LIMITS OF FAYETTEVILLE , ARKANSAS WHEREAS, the City of Fayetteville , Arkansas , owns, operates and maintains a sewer system with treatment plants, collecting mains , mains and laterals, many of which lie near, adjacent to, and outside the corporate limits of the city of Fayetteville , Arkansas , and WHEREAS, it is to the best interest of the public health and welfare that residential and business buildings lying outside the corporate limits insofar as is practicable , connect to the sewer system of the city of Fayetteville , Arkansas, and WHEREAS , there are no existing city ordinances of the City of Fayetteville , Arkansas, authorizing and controlling the installations of sewer connections outside the corporate limits of said city, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : SECTION 1 . That from and after the passage of this ordinance, the Superintendent of the Sewer Department of the city of Fayetteville, Arkansas , be and he is, hereby authorized to make sewer connections outside the corporate limits of the city of Fayetteville , Arkansas , as hereafter provided . SECTION 2 . That said sewer connections shall meet the same specifications of construction as used within the corporate limits of the city of Fayetteville, Arkansas, at the time the said sewer connection is made, and that the city of Fayetteville shall make all such connections at the same costs as charged within the corporate limits . SECTION 3 . That the plumbing to which the sewer connection is to be made shall meet all applicable plumbing codes of the State of Arkansas , then in effect at the time said sewer connection is sought to be made . SECTION 4. That before any said sewer connection is made the /v11CROFILV�M DATE 4cT 9 Lor, or - t - owner or owners of the property concerned shall sign a written agreement with the city of Fayetteville , Arkansas , wherein and whereby said owner or owners shall agree to abide by any and all ordinances, rules and regulations of the city of Fayetteville , Arkansas, as are then in effect or which may thereafter be adopted . The agreement shall also set forth the sewer service charges , provisions for discontinuance of service , and authorization for city employees to enter upon premises of the owner for the purpose of making inspection, repairs , maintenance and disconnections . SECTION 5 . Sewer service charges for users of an average of 500, 000 gallons of water per month, or less , shall be twice the sewer service charge for like users within the corporate limits of the city of Fayetteville , Arkansas , as now established or as may hereafter be established, payable monthly. For the purposes of this section, "average " k shall mean the annual monthly average for the preceeding calendar year ' s use of water, except and until a monthly average can be determined from use for a full preceeding calendar year, the sewer service charge shall be based on the water consumption for the month for which the sewer service charge is billed. SECTION 6 . Sewer service charges for users of an average in excess of 500, 000 gallons of water per month shall be one and one -half times the sewer service charges as now established within the corporate limits of the city of Fayetteville , Arkansas , or as may hereafter be established, payable monthly. For the purposes of this section, " average" shall mean the annual monthly average for the preceeding calendar year ' s use of water, except and until a monthly average can be determined from use for a full preceeding calendar year, the sewer service charge shall be based on the water consumption for the month for which the sewer service charge is billed . SECTION 7 . Sewer service charges for connections made into the mains or laterals of the sewer improvement districts of the City of Fayette - ville , Arkansas, shall be upon the terms and conditions as mutually agreed upon by the Sewer Improvement District concerned and the city of Fayette- - 3 - ville , Arkansas , and the said sewer service charges then in effect shall be applicable until the district is paid out or is otherwise dissolved and at which time the charges set forth in Sections 5 and 6 hereinabove shall prevail . SECTION 8 . Sewer service will be discontinued and the Superintendent of the Sewer Department is hereby authorized and directed to discontinue said sewer service within thirty days from the date of written notice from the Superintendent of the Sewer Department of the city of Fayetteville, Arkansas, for failure to pay monthly sewer service charges within the prescribed period, for violations of the Arkansas plumbing code as amended, and / or for failure to comply with all ordinances, rules , and regulations governing sewer service within the corporate limits of the city as are now in effect or as may hereafter be adopted . The Superintendent of the Sewer Department shall, to effectively terminate service , uncover the sewer connection where it joins the main, cut or remove a section of the pipe at the junction with the main, and plug the service pipe with concrete and appropriately close the opening to the main. SECTION 9 . After sewer service has been discontinued it may be resumed only after the reasons for discontinuance of service have been corrected or effected and a payment of one -half the charge for a new sewer connection to the property has been paid to the city of Fayetteville , Arkansas . SECTION 10 . If any section, sentence , clause , or phrase of this ordinance is for any reason held to be unconstitutional or otherivise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 11 . It being immediately necessary for the preservation of the peace, health, safety, and general welfare of the City of Fayetteville , and the inhabitants thereof; that the provisions of this ordinance be put into full force and effect, an emergency is hereby declared to exist, by reason whereof this ordinance shall take effect and be in full force from - 4- and after its passage and approval . y PASSED AND APPROVED this am day of 1956 . ROY A. SCOTT, Mayor ATTEST : J. W. McGEHEE, City Clerk