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HomeMy WebLinkAboutOrdinance 2675 a � <y�syl DOG O,P ORDINANCE NO . Tc'rFy� �2 AN ORDINANCE AMENDING CHAPTER 21 OF THE FAYETTT � y CODE OF ORDINANCES TO AMEND THE POLICIES OF THEC' {TF FAYETTEVILLE , ARKANSAS PERTAINING TO THE OPERATION OF THE CITY ' S WATER DISTRIBUTION SYSTEM , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF J FAYETTEVILLE , ARKANSAS : Section 1 . That Sec . 21 - 12 of the Fayetteville Code of Ordinances is hereby amended by adding the following : In the event a water customer damages the meter set , meter , or locking device , the City Water and Sewer Superintendent , or a Water and Sewer Department employee designated by said Superintendent , shall determine the cost of repairing said damage , or of replacing said equipment , if necessary , and said cost shall be billed to the customer and shall be due and payable in accordance with the provisions of Sec . 21 - 28 and 21- 28 . 1 . If , after the City terminates water service for any reason , the customer tampers with the water meter and breaks the coupling or lock , water service shall not be reconnected until the customer pays a damage charge in the amount of $ 10 . 00 and the reconnection charge prescribed by Sec . 21 - 28 . 1 ( 2 ) plus a charge of $ 5 . 00 per trip made by a Water and Sewer Department employee to the damaged meter to repair or replace the broken coupling or lock . Section 2 . That Sec . 21 - 24 ( 2 ) of the Fayetteville Code of Ordinances is hereby amended to increase the minimum service deposit prescribed thereby from $ 10 . 00 to " $ 25 . 00 " or up to 2 . 5 times the estimated maximum water bill , as determined by the Finance Director , if the customer has a history of delinquent payment or non-payment of his water bill . Section 3 . That Sec . 21- 24 ( 3 ) of the Fayetteville Code of Ordinate nces is hereby amended to increase the minimum service deposit prescribed thereby from $ 25 . 00 to " $ 50 . 00 or up to 2 . 5 times the estimated maximum water bill , as determined by the Finance Director , or his designated agent , if the customer has a history of delinquent payment or non-payment of his water bill . " Section 4 . That Sec . 21 - 24 ( 4 ) of the Fayetteville Code of Ordinances is hereby amended to increase the minimum service deposit prescribed thereby from $ 10 . 00 to " $ 25 . 00 " . Section 5 . That Sec . 21 - 24 of the Fayetteville Code of Ordinances is hereby amended by adding paragraph ( 4 ) ( a ) to read as follows : (4 ) ( a ) A building contractor or real estate agent may make a cover deposit of $ 200 . 00 for a multi- family dwelling in lieu of individual deposits for each dwelling unit . At such time as an individual dwelling unit in a multi- family dwelling is occupied the deposit required by Sec . 21 - 24 (3 ) shall be made for that unit . Section 6 . That Sec . 21- 24 ( 5 ) of the Fayetteville Code of Ordinances is hereby amended by increasing the minimum service deposit from $ 25 . 00 to " $ 50 . 00 " . MICROF111'�ED X10340 419 O K - 2 - Section 7 . That Sec . 21 - 24 ( 6 ) of the Fayetteville Code of Ordinances is hereby amended by increasing the minimum service deposit prescribed hereby from $ 25 . 00 to " $ 50 . 00 " . Section 8 . That Sec . 21 - 24 ( 7 ) of the Fayetteville Code of Ordinances is hereby amended by increasing the minimum service deposit prescribed thereby from $ 50 . 00 to " $ 100 . 001 . Section 9 . That Sec . 21 - 24 ( 8 ) of the Fayetteville Code of Ordinances is hereby amended by increasing the minimum service deposit prescribed thereby from $ 50 . 00 to " $ 100 . 00 " . Section 10 , That Sec . 21- 24 is hereby amended by adding paragraph ( 10 ) to read as follows : ( 10 ) In the event of water consumption on an inactive meter when no service deposit has been made , the water meter shall not be reconnected until the customer makes a $ 40 . 00 service deposit and pays a $ 10 . 00 reconnection charge plus the back bill . In the event reconnection of an inactive meter is made after normal service hours as defined in Sec . 21 - 28 . 1 ( 2 ) , the aforesaid amount must be paid during the next working day of the City , or water service shall be disconnected and an additional reconnection charge shall be required before reconnection is made . Section 11 . That Sec . 21- 28 . 1 ( 1 ) of the Fayetteville Code of Ordinances is hereby amended by adding the following sentence : The forfeiture of the deposit shall take place if the customer has not paid the delinquent bill plus all applicable service charges within seven ( 7 ) days after disconnection . Section 12 , That Sec .' 21 - 28 . 1 of the Fayetteville Code of Ordinances is hereby amended by adding paragraph ( 3 ) to read as follows : (31 Water service shall not be re-established following forfeiture of a service deposit if the customer ' s account has been written off as delinquent ( the next Tuesday after water is discontinued ) until the customer pays an additional $ 40 . 00 service deposit plus the reconnection charge prescribed in paragraph ( 2 ) above and the final water bill . Section 13 . That Sec . 21 - 28 . 1 ( 2 ) of the Fayetteville Code of Ordinances is hereby amended to read as follows : (2 )_ Before service may be re-established following forfeiture of a service deposit , the consumer must pay that part of any bill due the City of Fayetteville for water service not liquidated by his forfeited deposit . Said consumer must also make a new service deposit in accordance with Sec . 21 - 24 above and pay an additional service charge of $ 10 . 00 if service can be re- established during normal service hours and $ 15 . 00 if service is re-established during a period of time other than normal service hours . For the purpose of this Section , the term " normal service hours " shall be from 8 : 00 A . M . to 4 : 00 P . M . on Monday through Friday , except for holidays recognized by the City of Fayetteville . 3 - Section 14 , That Sec . 21- 28 . 1 of the Fayetteville Code of Ordina-races is hereby amended by adding paragraph ( 4 ) to read as follows : ( 4 ) If the water meter has not been shut off , there shall be a service charge of $ 5 . 00 for collection of a water bill made in the field by a serviceman . Section 15 , That Sec . 21 - 28 . 2 ( 1 ) of the Fayetteville Code of Ordinances is hereby amended by adding paragraph ( e ) to read as follows : ( e ) Permanent house numbers , visible from the street , if possible , shall be prominently displayed before a meter check or service call is made . Section 16 . That Sec . 21- 31 of the Fayetteville Code of Ordinate noes is hereby amended to read as follows : For a turn on request received after 12 : 30 P . M . to be worked the same day , the consumer shall pay a turn on fee of $ 5 . 00 . For turn on requests received after 4 : 00 P . M . to be worked the same evening , the consumer shall pay a turn on fee of $ 10 . 00 . Section 17 . That Chapter 21 of the Fayetteville Code of Ordinate noes is hereby amended by adding Sec . 21 - 31 . 1 to read as follows : Sec . 21 - 31 . 1 . House Numbers Required . Before water service shall be turned on , permanent house numbers visible from the street , if possible , must be prominently displayed on the property . In the event water service cannot be turned on because the house numbers have not been prominently displayed or are inaccurate , the customer shall pay a $ 15 . 00 service charge for each trip to the property made by a serviceman for the purpose of turning on the water ; provided , there shall be no charge for the first two trips . For existing water services which do not have permanent house numbers prominently displayed on the property , the consumer shall be given written notice by certified mail that his permanent house numbers are not prominently displayed within seven ( 7 ) days from the date of the notice water service shall be disconnected and shall not be reconnected until a $ 15 . 00 service charge is paid . Section 18 . That Chapter 21 of the Fayetteville Code of Ordi. naT nces is hereby amended by adding Sec . 21- 31 . 2 to read as follows : Sec . 21 - 31 . 2 , Water Problem-Customer ' s Side . In the event water service cannot be left on because of water running on the customer ' s side of the meter , a notice shall be left on the property stating that the water was left off because of the running water . In the event the serviceman is required to make more than one additional trip to turn on the water , or if the trip is made after normal working hours as defined in Sec . 21 - 28 . 1 ( 2 ) , there ' shall be an additional service charge of $ 10 . 00 per trip . ff" . U, 'o 42 4 - Section 19 . That all ordinances or parts thereof in conflict herewith are hereby repealed . Section 20 . The Board of Directors hereby determines that the City ' s present water service deposits , service charges , and service turn on requirements should be amended to enable the efficient operation of the City ' s water service system; that efficient operation of the City ' s water service system is essential to the public welfare ; and that the passage of this ordinance is necessary to enable efficient operation of the City ' s water service system . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public welfare shall be full force and effect from and after its passage and approval . PASSED AND APPROVED this day of 1980 . APPROVED : //�/�f F A Y MAYO F • '� 1' ...Y -' .A� l s CITY -CLERK Ci R' CIFICATF OF RECORD State of Arkansas ( SS City of Fayetteville I, „ City Clerlc and Fx-Officio Bo:mio Gocrin recorder for the City of ido here ' ayet' eviilc2 by certify th:a t.i e aura';cd or foregoing is of record in my oificc and tae same aP' Pcars in Ordinance hoop Resol:ztio:i �1 `,Z_ �Vitncss MY � _at Page s__ day of hand and seal this 19 City C?erl: and Fx Officio l; corder t�" 43 t _ CERTIFICATE OF RECORD STATE OF ARKANSAS I Washington County I SS. I, Alma L. Ko!lmeyer, Circuit Clerk and Ex,OMeto Reearder f01 Washington County, do here4y Certify th&t th@ annexed or foFg: goln instru ent was fileaad for r�ocyordln my Aoofflc0 0n thag4py of 19l1D_at�,!_o�cloakgfA, and the 91M@ It duly recorded in record A 346t @g4646-0 Witness my hand and seal th746 ..day of J Circuit Clark and E ieiouspuft�OordB�/ i Y Clay l: • ORDINANCE NO. M5 6N ORDINANCE AMEN- DINO CHAPTER 21 OF THE FAYETTEVILLE CODE OF customer pays an additional 54003 ORDINANCES TO AMEND service deposit plus the reconmction THE POLICIES OF THE CI- charge prescribed in paragraph t21 TY OF FAYETTEVILLE, above and thermal water bill. ARKANSAS PERTAINING Section 13. That Sec. 21-28.1121 of TO THE OPERATION OF the Fa}rttecille Code of Orninanms is THE CITY'S WATER herebyamendld to read as follows: DISTRIBUTION SYSTEM. 12, Before service may be re- Section I. That Sec. 21.12 of the estabilished following forfeiture of a Fayetteville Code of Ordinances fs service deposit. the ismsumer must hereby amended by adding the par that partof ani Wilduethe Cityof following; Fayetteville for water servim not In the meut a water customer liquidated by his forfeited deposit. damgges the meter set, meter, or Said consumer must also make a new locking device, the City Water and service deposit in accordance with Sewer Superinteaden. ora Water and Sec 21.24 above and pay an additional Sewer Department employee service charge of SI3.N if service can designated by said Superintendent, he n•csmblishod during normal ss�t�pR determine the cost of repairing service hoursand Sl5.And service is re uSg damage, or of replacing said established during a period of time equipment, if necessary, and mid Mt other than normal service forms. I'cr shall be billed to the customer and the purpose of this Section, the term spq be due and payable in accordance "normal service hours" Mo be trtR theprovufonsof Sec. 2l-28and21- throurom gh a.m. y. except PtfM. r holidays�-. through Friday. exmpl [or holidays Nicethe City terminates water recopmxrdby the Cigrof Fayetteville. eeNice far any reason, the customer Section 14. That Sc. 21-28.1 at the tampers with the water meter and Fayetteville Code M Ordinances is breaks the coupling ar lock, water hereov amended by adding paragraph service shall not be reconnected until 4)l to read as tolows: the customer pays damage charge in HI If the anter meter has not been the amount of S10.N and the recon- shut off, there shall be a service neclion charge prescribed by See 21- charge of S5.W for cellection of a water 28.1(2) plus a charge of i5.N per trip bill made in the field by a senieeman. made by a Water and Sewer Depart. Section 15. Thai Sec. 21 M20 lot menl employee to the damaged meter the Fayetteville Code of Ordinances is to repair or replace the broken hereby amended by adding paragraph couplingor hock. (ea to read as follows: Section 2. That Sec. 21.24(2) of the let Permanent house numbers. Fayetteville Code of Ordinances is visible from the street, if passible. hereby amended to increase the shall he prmninently displayed before mhdmum service deposit prescribed a meter check or service call is made. thereby from$10.1y)to ••825.W" or up to Section 16. That Sec. 21-31 of the 28 limes the estimated nm' umunT Fayetteville Code of Ordinances is water bill, as determined by the hereby amended to read as follows: Finan Director, if the customer has For a turn on request remived after a hslory of delinquent payment or 12:30 p.m. to be worked the same day. nm-payment of his water bill. the mrsumer shall pav a turn an fm of Section 3. That Sec. 21.24(3) of the i5.m. For turn on request received Fayetteville Code of Ordinances is after 4:00 P.M. to he worked the same hereby amended to increase the evening. the consumer shall pay a turn minimum service deposit pre ermed on fee of SION, thereby from i25.N to "85s.Ad or up to Syet rev 11. That Chapter a ce the 2.5 times the estimated maximum Fayetteville Code of adding Se. 21- is water bill, as determined by the to read amended by adding Sec 21-3L1 Finance Director. or his designated to read as' fullows: agent, if the customer has a history of Sec. 2131.1. (louse Numbers delinquent payment or non-payment of Required. hu water bill." Before water service shall be turned Section 4. That See. 2124(4) of the on, permanent boa a numhers visible Fayetteville Code of Ordinances is from the street, if possible, muss be hereby amended to increase the prominently displayed on the minimum senior deposit prescribed property. In the event water service thereby from slow to "smart". cannot be turned on because the boom Section 5. That Sec. 21-24 of the numbers have not been prominently Fayetteville Cade of Ordinances is displayed or are inaccurate, the hereby amended by adding paragraph customer shall pav a 615.N service 4)11 a) to read as follows: charge for each trip to the proparip' (A)ta) A building contractor or real made by a serviceman for the pu estate agent may make a coverdeposil of turning on the water; provided, of S2m.W for a multi-formy dwelling in there shall be no charge for the first lieu of individual 'deposits for each two trips. For existing water servicer dwelling unit. At such time as an in- which do not have permanent lmca dividual dwelling unit in a multi- numbers prominently displavedaothe family dwelling is occupied the deposit properly, the consumer shall be given required by Sec. 21-24(31 shall be made written notice by certified mail that for that unit. his permanent house numbers are not Section 6. That See. 21-24(5) of the prominently displayed within seven Fayetteville Code of Ordinances is t2) days, tram the date of the notice he amended by increasing the water service shall be disconnected minimum service deposit from $2500 and shall not be reconnected until a to 1 $15.W service charge is paid. Section 2. That Sec. 21-24(61 of the Section Is. Thai Chapter 21 of the Fayetteville Code of Ordinances is Fayetteville Code of Ordinance is hereby amended by increasing the hereby amended by adding Sec. 21-31.2 minimum service deposit prescribed to read as follows: hereby from i25.m to"i50.W Sec. 21-31.2. Water Problem- Section A. That Sec. 21-2414) of the Customer sSide. Fayetteville Code of Ordinances is In the event water service cannol be hereby amended by increasing theleft on because of water running on the minimum service deposit prescribed customer's side of the meter, a notice thereby from $SON to "i1N.00." shall be left on the property staling Section 9. That See. 21-241m Of the that the water was left off because of Fayetteville Code of Ordinances is the running woter. In the event me serviceman us required m make more hereby amended de increasing me than one additional tri to turn on the minimum service deposit prescribed water, or if the trip pis made after lherc it" Id That to "SIW.00.•' normal workin hours as defined in S`etmn 10. That Sec. 21-24 u hereby' g amended by adding paragraph (101 to Sec. 21-28.112), there shall be an ad- it" ditional service charge of $IAN per (10) In the event of water con- m5edion l9. Thal all ordinances or sumption on all inactive meter when se service deposit has been made, the parts thereof rel in conflict herewith are water meter shall not be reconnected SebyreNon 20. The Hoard of Directors until the customer makes a i40.N hereby determines0, TheB that the City's service deposit and pay's a Slim Y recohnection charge plus the back bill. present water servtee deptstls, service In the event reconneetion of an charges, and service turn on inactive meter is made after normal requirements should be amended to service hours as defined in Sec. 21- enable the efficient operation of the 25 1(2) the aforesaid amount most be City's water service system; that paid during the next working day of efficient operation of the City's water the City, or water service shall be �blicwelrvIce tstemeod t is essential in the disconnected and an additional p passage reconnection charge shall be required this ordinance is necessary in enable before reconnection is made, efficient operation of the City's water service s stem. Therofdre, an Section 11. That See. 21.28.1111 Of Y the Fayetteville Code of Ordinances is emergency is hereby dmlared to exist hereby amended by adding the and this ordinance being necessary for followingsente im: the public welfare and shall be in full The forfeiture of the deposit shall force and effect from and alter As use place it the customer has not pied pa=gvand \DAPPROVED This Oh the delinquent bill plus all applicable da PASSED AND 19W. amrvim charges within seven U) days Y APPROVED: afterdisconnection. JohnTodd Section 12, That Sec. 21-28.1 of the MAYOR Fayetteville Code of Ordinances is hereby' amended by adding paragraph Vivian ATTEST: T: 131 to read asfellows: Cit Clerk Item Kmttel 131 Water service shell not be M. City Clerk fallowing forfeiture of a service deposit if the customer's ac- count has been written off as delinquent (the next Tuesday after water is discontinued, until the