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HomeMy WebLinkAboutOrdinance 1165 ORDINANCE NO, 1165 AN ORDINANCE FIXING RATES FOR WATER FURNISHED BY THE WATERWORKS SYSTEM OF THE CITY OF FAY - ' ETTEVILLE , ARKANSAS AND RATES FOR SERVICES FURNISHED BY THE SEWER SYSTEM OF THE CITY OF FAYETTEVILLE , ARKANSAS AND PRESCRIBING OTHER MATTERS RELATING THERETO, WHEREAS the Waterworks and Sewer Systems presently serving the City of Fayetteville , Arkansas (which are and are to be operated as one system and which will be hereinafter referred to as the "System ") are inadequate for the needs of the inhabitants of the City; and WHEREAS the City Council has determined that the System should be im- proved and extended and has had prepared by duly qualified consulting engineers *)'reliminary reports and estimates of cost of _ the needed extensions , bettermepts ind improvements , which reports are on file with the City Clerk and to which rew ference may be made by any interested person, and which in general call for the following extensions , betterments and improvements . Construction of a dam on the White River , a pumping station, 20 " or larger pipe line from the dam, and additions to the filter plant; extensions , betterments and improvements to the water distribution system; and extensionso betterments and improvements to the sewage collection system and the sewage treatment facilities (which will be hereinafter referred to as the "improvements ") , all at an estimated cost of $4. 150 , 000 , in- cluding engineering, legal and other necessary expenses incidental to the con- struction of the improvements and to the issuance of revenue bonds ; and WHEREAS the City does not have funds available to undertake and complete the improvements , but can obtain the same by the issuance of revenue bonds ; and WHEREAS in connection with the financing of the cost of the improvements , it will be necessary for the City to refund the outstanding bonds of an issue of Sewer Revenue Bonds dated January 1 , 1946 , there being $73 . 000 in principal amount of said bonds outstanding , an issue of Water Revenue Bonds dated December 1 , 194& , there being $646 , 000 in principal amount of said bonds outstanding , and an issue of Water Revenue: Bonds dated December . 1 , 11952 , there being $431 , 000 in principal amount of said bonds' outstanding ; and . WHEREAS as the initial step in said undertaking , it is. necessary for the City to establish rates to be . charged for the services of the System ; NOW , THEREFOREO BE IT ORDAINED by the City Council of the City of Fayetteville , Arkansas : Section 1 . That the following monthly rates be , and they are hereby, fixed as rates . to be charged for water furnished by the Waterworks System of the City MICROFILMED DATE v Ri GI j ` ." ':V Aller ii.rK arlsz',S which , r$.tz z die . -Council finds and declaxea Lo be .._ ., !.e: mini'<T7UM WateS to ue choLrgt(1: n i•;ioathlir : r eaten ';rater Pates ;Schedule A.) T'te -water usage of each cu®torner shall be determined each _r_onth by :i:f ne.arureraene and the amount to be ;paid for water usage by each custom or i: a computed o:,n the basis of the follo;ng schedule o:: rates : For :he first 1 , 000 gallons of -water consumption per month or portion thereof ' 1 . 65 k' 030 gal.lots / ort 1a r.Bx? .ia. , of water ce..sumptiun psr month 0 . 7 -5 per 1 , 000 gallons For the neat 270 , 040 gallons of wat: r consumption, per rnontla 0 , 55 Per. 1 . 000 f;silons For 72i ager 300 , 000 ga.11ur r. of water consumption per 7rrun %Y . 25 liev 1 . 000 gallons . In addition to the above , each customer shall pay a monthly meter ser - vice charge ir. zccc:.dazce with the follo:ring . _ chedule : -Mon hly Meter Service Charge jSchedule B ) lnside City Outai.de Ciry Limits . Limits 5J8t1 Meter _ None. S 1 , cc, 31rZ ' : ?vaster. 3 . '75 1 . 75 P:4eter 1 .. 50 i 1 /411 Mater Z ; 25 3 . Z5 l 1 /21i Op - a 00 6 . 00 ? .1 / 211 :>?eter. ii , rJO - , ! 3 . 00, 3S1 micte: ; x.. 00 4 " i ?stet 22 . 00 23 .. 00 . 6 " deter : 45 , 00 46 . 00 611 Mete." 70 , 00 71 . 00 . ii tl 1 Ferer 95 . 00 96 . 00 The meter, service charge shall, be applied to both City and privately owned meters . The City :hail oparyte ai(d maintain al'. rnetfv V ag A1.1 bills shall be compvted '.;r - ddi;zc the 1pnlir..xble rnnter service .:as,e;e to She a neunt determined to be due for water usage under: the above set forth schedule , 'rhe monthly minimum charge shall be 0 . 65 piuo the applicable meter 'service charge . Bale 's tax shall be added to the bili so com - puted . : 346ndily Rpw Water Rate.a�Schedule�G } Fury +crater may be sold from force xnai:ns when metered . The rates Shall be 25$. per 1 , 000 gallons or fraction thereof . The above set forth monthly :peter service charges s6a.11 be applicable to raw water costumers and all bills shall be cornput:eid by ad&4p, the applicabl,� meter. service charge to the amount determined i:o . be due for rLewwater usage pursuant to the rats charged for saw water herein specified . The monthly minimum for raw water , including the applicable meter service charge , shall be $ IV50 . .' Mon_uly Stand- 3y Fire Protection Service C,hargo ( Sclxeduie D) Charles for unmetered service connections for stand- by fire protection shall be equal to the m4tex service charge applicable to the stand- by line size . Monthly Fire H;rdrant Charge ; Schedule E) Ch- xFea Or fir.^ hydrants Pressured by the ;ity distribution system slizill be $2 . 00 per, month . Section 2 , ( a.) That inasmuch as the use of the sewer is directly related to the use of water by a. particular customer served by both water and sewer , it is hereby detersnined that rates for sewer services are more, equitable and ec - onomical, to the eaetomer �md the City when b•-.sed ixpon the w. ter consumption of a particular cost= er , ; b) That the fotlowing monthly ratea.,be , and they are hereby , fixed as rates to be charged._far sewer. services, . which, rates - the Council finds and hereby declares to be reacozaable and necessary minimum rates to be charged: AK monthly, sewer . charges shall be. based upon water bills . :all customers shall be classified is either ,"l ) 'domestic." cr ( 2 ) commercial and industrial cus - tomers , depending upon 4rhether the water consumfttior of the Ladividual cus -. tomer is used for domestic or commea ial or industrial purposes . al ) In the Cade of domestic customers , the average monthly wate.r con - sumption for the preceding months of Decen:fiber , , January and .Tebr nary shall be computed separately for each customer , and a uniform monthly charge for each customer shall be .determined, by applying . the following schedule of rakee to said average moarhiy, watcs consuznptio;10 The C ;:vlcr service charges for domestic customeri, shall be cornputed annually for. a tw.slve ; 12} rngntlis ' . ?eriod beginning 1&1A& Afap _,Hina for t Ye rnonth' cf tne, year 1919 when the rwtes fisted bereblr fi'3 into eui a iicrei,�aft6r provided and beginning ,.with the billing for the month of . .Ap"il of each year thereafter . In the case of as domeetk. , user for ;vhich a unicorm scantizl;i, ci .::x r;e hap beer, eptablaehed who sLall .movc to a new location,, the same ;:iifc+rm mmthly chaxage shall apply at the new location. . Ln the case of new do- m stie 3:,ess ,` the followinrr simhedule of rates ' shal.l be applied to monthly water _ -r•r* uatil an verzge monthly wiater consu.aption has peen established in the n u ner :hove specified. ' 2 ), ;en the caoo of corrrnercial and industrial customers , the monthly -wer charge shall be deterrair.ed by apply ng the following schaclule of rates_ to the montiuy water •va3ge of Such custo_ners ; exec-pt, that in the case of a commercial or, induetriai cuatomvr Where an appreciable percentage of total water consumption is so u:, ed that it does not reach the banitary oewer , . then 3 determination shall be made by the 4':titer , ,and Sewer Superintendent .of the percentage of total water consumption tivhicb does reach the € anitary newer , and the following schedule of rates sh:Yll be applied to that percentage only , Schedule of t'cv,✓er Rates Class 1 . ^11 dornestic . and commercial and industrial customers which are now being acrved by the existing sewer system , cr which , . if connected, will ba served by the enist.ivig sewer syetem . shall be billed 5001`o of the amount that would be paid by application of the monthly water rates heretofore set forth in Section 1 of this ordinance to the wafer consumption of each custorsier ae above determined (it being undo : stood that the monthly meter service charges and fire protection service charges shall not be applicable ) . Cla-Ss 2 . All domestic and comxaercial and indus'rial customers which will be served by the extension to be constructed to the existing Sewer system ohall be billed 100,% of the amo nt twat would bepaid by application of the monthly wetter rates heretofore set forth in Section 1 of tris ordinance to :the c.ra.ter con- sumrtaon of each custorner; as above determined ( it .being understood that the onthly meter service charges, a.nd fire protection eery •: e _ch.acgds . shall nor be appli c able:). . Separate classes have . been fixed for the following reasons ,. yvhich the Council has found iafter coi_nplete investigation and ronsideratioa of all pertinent information) , ?n! hereby declares to be a sound, equitable and non - discriminatory juctificatio:a for the classificationarnade : The customers and the predecessor property ow.ze� a in class I have theretci�R'jre raid . the . Lost .of construction of the enistizg either by ;im.proCer—neat district or otherLvlse , /hereas the customPre in Class 2 have contributed nothing to the cost. of the existing system and in addition to receiving benefits free the uoe. of the existing system will receive the ma:rimurn benefits from the proposed crtensions to, the system . In view of this , the Coancil h;w detera'r.3nood that a higher charge should be made to the custorn'ers be se'.ve :? exclusively by :hc prdposed extensions , Page S .,ecti,:�n 3_ ThAt' ,-,cetera shall be iastallcd at each .vester connection and rsl. bads sor water services shall be rendered in the net amount due . ;Yater bills - o &at, r•d payable on or , before. the;tezith .say of the month iznrrediately follow- inCt' r t,+�e of the la-st meter reading and/or service :; rendered , :e'eate.x bills not c. i.P sae the erua ?.ate shall be co Finered dolinoeent ane? an additional rf lr , of tee tott: l bili shall be ;added, gond if any, bill is not 'paid within irty dzya after. the bill shallbe due , service shail . be disconnected, Se ction 4 . That all bills for sewer service ei:all be rendered monthly , Under the provisions of i' 7k . Stats . lO:-4113 , a lien ie fixed upon the land for any unpaid sewer charge , even though the ur:e of the sewer system is. by a tenant or lessee ia.stet%A of the owsor - Sewer bills arb due %,nd payahiP 'on or before the tenth day o:*. t1.e month kninediately folisawinf;, the date of the last water meter read - ing and/or sarvpces rordore a . Sewer bills .not paid on or before the due date shall be coaridered delinquent and an additioaial charge of 10%a of the total bill shall be aired , and if an_- bili is not paid within thirty days after the bill shall be due , s•ait shall be brought to enforce the lien and collect, th.e amount due together with the expenses: of collection and a reasonable aitorney ' s . fee . _Sacticn S .. That i<a the event Y.°aterworks aid Sever r,e' v*nue Rondo to refund the outstanding Sever and outstanding Water . x everrue Bonds of the City and to construct ;he improvements are issued, Che City covenantu and agrees that the ratea h rein eztablia4led shall :never be reduced. wbile any Waterworks and Sewer Reven;ac Bonds are outotandina , unless th3re is obtained froze an in­ dependent certified public accountant a certificate that the net revenges of the System fol.- each of the taro precediag, :local yearF (net revenues being dex"Med as grans revenues less the reasonable expenses of operation and maintenance of the System , including all expense iterns properly attributable m operation and maintenance under generally accepted accounting_ practices applicable to municipal water Virorl;ts and sewer sywtemG ) Were equal to the, ar.nouat required to be . set aside for a de ;reciazion fund by tha .ordinance . authorizing the . itisuance of ffaterwoiks and 5cwa r lke, :enuK Bonds plusat least ISO'% of the maximum amount th.tt will become dux in any year for principal , interest and service charges_ on all Water - workc . ad. Sewer Revenue Bonds .her. outwtan ding , tonet[aer with r rraittau opinion. from . oaid indepe ,dent certified public accountan4 that the propceen necv rotes will produce a "fic ! ent net revenue , as aLoave defined, to :,rake the, required deposit into the _sa_id depreciation zund and to lea:•e a. -balance equal to at least 15017o of the mavimurzz atnotint that will become due 'in any year for psineipal , interest and service charges on , all Wateawor :s ;and Sewer r;.evenue Bonds then outstanding . lection 5 , That . the liroviOions o: this ordzaanee are separable and if a sc&10n , pixrase or provision shall be declared invalid , , r uch declaration shall not affect the validity of the remainder of the ordinance_. , orr?isaanc+ c x.;; ! re: solutionts and par. is thereof in :.11jnfli•�z herG'.w'"'3 are hereby repealed to t.ie extent of Guch conflict , Section 3 . Thsf the rates fixed by this ordinance shall go into effect t.u; ii-rat day of July , 1956 so that the firsr . bills Y." 111 he eabmitted and will be due End payable between August l and August 10 , 195& .. �� l'aG a e.d. ft PpRov� o� _ ATTEST :