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HomeMy WebLinkAboutOrdinance 1762 ORDINANCE N0 , 1762 AN ORDINANCE TO EXPRESS THE POLICIES OF THE CITY OF FAYETTEVILLE , ARKANSAS REGARDING AND CONCERNING THE CONTINUED DEVELOPMENT AND MAINTENANCE OF A SEWER SYSTEM WITHIN SAID CITY . WHEREAS , it appears necessary for the better operation of efforts concerning and regarding the continued development and maintenance of a sewer system in 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 September 9 , 1970 , the policies of the City of Fayetteville concerning and regarding the sewer system , shall be as follows : A . IN GENERAL . It shall be the policy of the City to maintain and operate a municipal sewer system capable of collecting waste water from the City ' s sewer customers and treating such water for disposal into natural water courses . To sustain and expand the municipal sewer system the City shall assume the expense of treating the waste water together with the operation and maintenance of the collection lines and appurtenances . Construction of major collection lines shall be made in accordance with sewer system improvement and expansion programs and plans adopted by the Board of Directors to better serve existing customers and to make the sewer system available to new customers and land development . Priorities for such improvement and extension shall be established by the Board of Directors on the basis of need and the City ' s financial ability . B . EXTENSIONS TO AND WITHIN SUBDIVISIONS . The cost of extending sewer lines from existing mains to subdivisions and other land developments and the cost of constructing sewerage facilities within subdivisions 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 serve subdivisions when such excess size is specified and required by the Water and Sewer Superintendent for the general benefit of the sewerage system . All sewer 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 sewer dines 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 sewer lines . That portion to be borne by the property owner shall be reimbursed to the City through sewer extension charges which shall be paid prior to such property being served by the sewer system and/or through such other reimbursement arrangements to which the Board of Directors may agree . Such sewer extension charges shall be in addition to the City ' s charges for sewer service connections and shall be at the rate of three cents ( $ . 03 ) per square foot of real estate area covered by the property to be served by the sewer service , or as determined by the City Manager and Water and Sewer Superintendent as covered in Paragraph D . MICROFILMED DATE OCT i 21978 REEL u 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 owner 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 expected to be benefited . ( c ) Total cost including construction , interest , administration and engineering of the extension divided by the expected discharge ratio of each customer benefited to the total discharge of all customers benefited . E . SEWER EXTENSIONS OUTSIDE THE CITY . Except for facilities needed to serve property within the City ' s limits , such as major transmission lines and pump stations to deliver sewage to disposal sites , and except through contractual arrangements with other municipal corporations , the City ' s sewerage system shall not be extended outside the City ' s corporate limits except on the express approval of the Fayetteville Board of Directors . SECTION 2 . 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 day of 1970 . APPROVED : GARLAND MELTON , J$ , , MAYOR ATTEST : MARILYNMOORE , ITY CLERK CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville I, Suzanne C. Kennedy, City Clerk and E•:-Officio recorder for t1_:e City of Fayetteville, do hzrahy certify that tl.:e annex:ed or fore- b� i'i my of Fop and the some ap- pears in Urfa lance a l 'd"o�.:i CiOa book my hand and seal tWs ----t'^y Of City Clerk and E;:O,Mci.l 3ecore!er , Slpl � \\('E , ]r I:IBS OF r E4" U cF \ HEWER slisi7788. STATE of ARKANSAS 1 . li , 11 11 Irgi County of Washington 'FIO evf e, re-bARn of nn.l.r- � I, __�- ( Slavd g .� ._--- __.___- hereby certify that I ,It be a oe l t l am the enerll Maned a of THE NORTHWEST ARKANSAS TIMES, r r., xx. 1. OF I Erre a daily n •spaper having a second class drailing privilege, and being not T , It _ -Imm and after Yr. less than four pages of five columna each, published at a fixed place of er 9. or the cds business and at a fixed (daily) intervals continuously in the City of 'a, etleviae a , and "eatd. lthe Fl i as AWL be as IN Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established lace of IN 'aE • . be the Mli: P the City ' Ina and operate business to subscribers and readers generally of all classes in the City n;rlpel sewer ,Cir raceme of & Count p copy, or a fixed price per annum, ming waste w.Ma the City's y for a definite rice for each rn.rome. Mad ,�}wnna water which price was fixed at what is considered the value of the publication, rr mr at t ural water based upon the news value and service value it contains, that at least fifty s. sustain and rst' Ih the Mme pel 11 s. nrm rvr 1'ro .h.il , Water me percent of the subscribers thereto have paid cash for their subscriptions of tie r'.In_ me %se water to to the newspaper or its agents or through recognized news dealers over a wnh n,r of»rsllon rnr mainle- of the rade.elan lines and ap period of at least six months ; and that the said newspaper publishers an ternaresaverse of more than fort -;l structlon of major collerl;on Imes g Y percent news matter. I he made in accordance with sewer m beproyament and eapa'1ifnnB ilea I further certify that the legal notice hereto attached in the matter of .a and plans adopted by eclataa,, to better serve existing Is- m and FU make the sewer : tem de M lease customers and land de- ent PNur'tiev for such improve- __ ____ ___ ✓lid--._____/� v.e..__Z.L�_- ____ and rd ofon shiecto be eche :hes• -erd Board dwlhef ('ity',�f na rs �lal�abina is SUBDIVdou 1V AND R'ITH1N• was published in the regular daily issue of said newspaper for____1__ sng at a 1WORa��.. r ZeseeeegiiAra insertion as follows : ,r rogt -ncs to pdba ewer lines lrnmi ' "q mains to apbditisiws and olhera Q 1 developmen(a m e cost of f e. The first insertion on the ________/1 n yy.� --------- day of _.-- a'd�lowtrsg8 n wic,m ,;ons b preaf'n� n subdlvislan r -waubaa and aa+aeUlrj to specdica- ' the second insertion on the ______.____—__ ._—._ da of _ _ 19_-. Is Itpce Xissio ted be me ` - Y :rater ': erlVideo t shall . de- the Feehl wate� sewer 1aah rat`st the third insertion on the ----------------- -------------- day of _-__—_—___—_— 19--- ram T when such ch and the fourth insertion on the _.____.._____-___ day of ___..___________._ 19_. . eSRenftal QeneB4 d the sewerage lille�a flnan[Yd C/U the prop ^�- undafitte7, pection and ec- f "pA. Vid sewer sulrer- AA lorls wlrHCH Sworn to and subscribed before me on this __.¢'-�______ day of ____-__.T"esewer Ines b �/y ve Is it ll rartl� d thus properlanown- ___ __ . _-___________________________________ 19_L-- _�- he burns by M Ylme Y ______._. to h slash easier IIne..cause tl •YwLI� ��YLS¢!� npert) ha to the ( 1} +aQ` grs Nota Public M1 iaA drat , be all be . perp an ha- ' r µ,. gstem dna/or -�nucn 'aflbh ogee relrrmumerrent n: A` M Commission Expires: .Irlleementr' t0 •atch Ne Board f /Y� P -ems hat earn 8aM serer exlen- . "I charges shalt bf- ha addition to the �tj/ /l-�`�`y)`(_(, /D� I':to charter lid". for }ewer the rate ran- /���'�y�- Mons .ntsa � be at me rate d ------------ - ee Rate-�l .Ia! per a9uare bot d !! ,el to hat as"b ir ,thevered e the Prop, ep to be se=�..pI�by ,the sewer rewire, , as aer sold, "war the su city ndent Via Fees for Printing +.d Water. •a¢aawer aucennlenaent as *.+TIBC. In OR DE in D11V . TAala POR DETERMINING Toa- Cost of Proof ___— $_ TION 'IR BE BORNE BY PRO Ps ERTrt OWNER. That portion f the e p M an erten- Total - I In be o me ed the one of ' owner in" be d hosis: ed by one of the foo mg methupe HIL For c par to be used for fa do- . mactm purposes lsingle family, - FitL I Total maE' Including ionst[ud clan, kideneinng a administration and % ided ring of the extension dif aided er the arhlal numbers of . axbmers o,L load. �Ibr Total rod ,rmdm4 annslrad II r.-n. r.tenJ . admmldtrat nn dna lIrs lerl I -- p Y used [or rom- yg�IsYl gle ar mull. dF M Of l wetameM benMited. (b) TOW Not Including construe- the, interest, atlministrelion and engineering of the extension divided by thenumberof customers res arrably expected to bebenefited. let Total cost including Construe- too, interest, a he In stridim extension ad engineeringof di- vided by the expected dschorge re- tia of each customer benefited to the total dscharge of all customers benefited. E. SEWER EXTEINsIONS OUTSIDE THE CITY. Except for facilities needed to serve ) property within the City's limits, such slat ns'o to deliver sewages to ai Wal sites, and except 0rouah contractual ar- rangements with othermunldpas- Porollons, the Cyste ity's sewerage shall not be exlentled outside the City's nor aPProvalle ofmits the Fayettevillec on e he exitBoardressd Directors. SIS CON 2 All ordinances or Perls of ordinances in conflict herewith rete ' hereby repealed, and this ordinance shall ibe In full force and effect from and af- I ter Its passage, apprm'al and publim- lion. PASSED AND APPROVED THIS 9th day of September, IM. APPROVED: GARLAND ME1,W:; SR. Mx}o[ ATTEST: MARILYN NIOORE, City Clerk 19 It