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HomeMy WebLinkAboutOrdinance 1761 ORDINANCE NO . 1761 AN ORDINANCE TO EXPRESS THE POLICIES OF THE CITY OF FAYETTEVILLE , ARKANSAS REGARDING AND CONCERNING THE CONTINUED DEVELOPMENT AND MAINTENANCE OF THE FAYETTEVILLE WATER SYSTEM . WHEREAS , it appears necessary for the better operation of efforts concerning and regarding the continued development and maintenance of the water system of the City of Fayetteville , that certain policies should . be expressly stated and enacted into ordinance form . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . That from and after the date set herein , the policies of the City of Fayetteville concerning and regarding the development and maintenance of the water system of the City of Fayetteville shall be as follows : A . It shall be the policy of the City to maintain and operate a municipal water system capable of delivering potable water under pressure to the City ' s water customers . To sustain and expand the municipal water system the City shall assume the expense of acquiring and treating water , together with the operation and maintenance of transmission lines and appurtenances . Major transmission lines shall be constructed in accordance with water system improvement and expansion programs and plans adopted by the Board of Directors to better serve existing customers and to make the water system available to new customers and land development . Priorities for such improvement and expansion shall be established by the Board of Directors on the basis of need and the City ' s financial ability . Major transmission lines are defined as those having a diameter exceeding six ( 6 ) inches . B . EXTENSIONS TO AND WITHIN SUBDIVISIONS . The cost of extending water lines from existing water mains to subdivisions and other land developments and the cost of constructing water facilities within sub- division as prescribed in subdivision regulations and according to specifications and location prescribed by the Water and Sewer Superintendent shall be the financial responsibility of the developer ; provided , however , that the City shall pay the excess material cost of facilities of a size larger than required to service sub- divisions when such excess size is specified and required by the Water and Sewer Superintendent for the general benefit of the water system . All water facilities financed by the developer shall become the property of the City after inspection and acceptance by the Water and Sewer Superintendent . C . OTHER EXTENSIONS WITHIN THE CITY . The cost of extending water lines to serve previously developed property shall be borne by the property owner and/or jointly by the City and the property owner . The City shall construct or cause to be constructed such water lines . That portion to be borne by the property owner shall be reimbursed to the City through water extension charges which shall be paid prior to such property being served by the water system and/or through such other reimbursement arrangements to which the City Board of Directors may agree . Such water extension charges shall , in addition to the City ' s charges for water service connections , be at the rate of two cents per square foot of real estate area covered by the property to be served by the MICROFILMED DATE OCT t 2 �g78 REEL 1�_ water service , or as determined by the City Manager and Water and Sewer Superinten- dent as covered in paragraph D . D . BASIS FOR DETERMINING PORTION TO BE BORNE BY PROPERTY OWNER . That portion of the cost of an extension to be borne by the property owners shall be determined by one of the following methods : ( 1 ) For property to be used for domestic purposes (single family units ) . ( a ) Total cost including construction , interest , administration and engineering of the extension divided by the actual number of customers benefited . ( b ) Total cost including construction , interest , administration and engineering of the extension divided by the number of customers reason ably expected to be benefited . ( 2 ) For property to be used for commercial , industrial and/or multiple family unit purposes . ( a ) Total cost including construction , interest , administration and engineering of the extension divided by the actual number of customers benefited . ( b ) Total cost including construction , interest , administration and engineering of the extension divided by the number of customers reason- ably easonably expected to be benefited . ( c ) Total cost including construction , interest , administration and engineering of the extension divided by the expected actual consumption ratio of each customer benefited to the total consumption of all customers benefited . E . WATER EXTENSIONS OUTSIDE THE CITY . Water extensions within suburban water districts and cities which have contracted for water from the City shall be made at the expense of and in accordance with the policies of such districts and cities . Construction of extensions are to be made only upon approval by the Fayetteville City Water and Sewer Superintendent . Water extensions outside such districts and cities shall be made at the expense of parties other than the City of Fayetteville and in accordance with the follow- ing rules : ( 1 ) No service connections will be made to raw water transmission lines , except when a prior easement from the owner to the City provides for such . ( 2 ) Service connections to treated water mains may be made by the City to to residences , businesses , and industries which are adjacent to any existing treated water main . Providing authorization is furnished from suburban districts for mains extended from their systems , and authorizations are furnished by owners of privately owned mains extended from City mains . In order to be considered "adjacent " , the following criteria must be met . ( a ) The tract of land on which the water is to be used must abut an exist - ing water main for a distance of at least twenty feet . The main may be in a highway , street , road , alley or on an easement or on railroad right -of- way . ( b ) * The length of the service pipe from the main to the meter box shall not be greater than sixty ( 60 ) feet , except when railroad and highway rights-of-way are traversed , then this distance shall not be greater than one hundred and fifty feet ( 150 ' ) . ( c ) The distance from the meter to the point or building where water will be used shall not be more than three hundred feet . For industries located on a larger tract , this distance may be greater . ( d ) A straight line from the meter to the point or building where water will be used shall not pass through another property owner ' s land or across other building sites which may later have buildings constructed upon them . ( e ) Property owners served outside of district areas or City limits as adjacent must annex into the City limits immediately or at any time in the future if such annexation is requested by the City concerned . ( 3 ) No service connections shall be made to water mains constructed by or through permission of any suburban district outside their district area or City limits unless said water main has the express approval of the Fayetteville Board of Directors . In the event the Board of Directors grants permission for a water main in accordance with this paragraph , when the main is completed and placed in operation , service connections may be made to parties as provided elsewhere in this ordinance . SECTION 2 . The effective implementation date for the policies herein set out shall be September 9 , 1970 . SECTION 3 . All ordinances or parts of ordinances in conflict herewith are hereby repealed and this ordinance shall be in full force and effect from and after its passage , approval and publication . PASSED AND APPROVED THIS f day of 51970 . APPROVED : ��A��i�/J ��Q�,j GARLAND MELTON , JR . , MAYOR ATTEST : MARILYN M ORE , CyfY CLERK CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk and Ex Oticj� re.nfor theC'.l 1 ,f F:vet:taville, . ._ fore- do `: mbi 1 ... g•ti u' i•; n, rC, ., . j , .•1 f ' d t' ct s ' no aP- patlrsin T"111:1C: ;"1GK l _ _C'a1^ hand and sell t1s--- -,� of__ - --- --------------- City Gierk and L:c-O_fi :io Recorder AN STATE of ARKANSAS 1 J sa. County of Washington I, -- f �. '--q.�. a_\1 ___ -------------.., hereby certify that I am the +#Gen al snag ) of THE NORTHWEST ARKANSAS TIMES, ., a daily ewspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of n business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of ------------- � --- was published in the regular daily issue of said newspaper i nt,naeu•++t;�P insertion./ as follows: The first insertion on the _______________L_!___ day of _ - _j_ ll the second insertion on the ___ day of _____—_----------- 19_ the third insertion on the ------------ day of __________-_- 19--- and 9—_and the fourth insertion on the day of __________________ 19__. yy Sworn to and subscribed before me on this -----C _____ day of .. . -- - y -- ---- --------- ---------------- -Mnea.- Nota Public x the t. whlc]t em nem[ , ae My Commission Expires: and or Nroush ment Arianpements A Heine of residents � !+ neer ex SIM 1.1t - b„w to the rt rillE wire be el (lenee pea”quare font:al - eaed by pe .nmpertv,ro l+g, arrvea b` Fees for Printing the wafer gerSjre,. or as dflertnined by the t`ity Maty¢er and Water and Sewer steertndnibt as rovercB to para¢raph Coat of Proof h. 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