HomeMy WebLinkAboutOrdinance 3739 ORDINANCE NO. 3739
AN ORDINANCE AMENDING CHAPTER 50, TRASH AND
GARBAGE, AND CHAPTER 51 , WATER AND SEWERS, OF
THE FAYETTEVILLE CODE OF ORDINANCES TO REVISE
SERVICE DEPOSIT REQUIREMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
Section 1 . That Chapter 50, Garbage and Trash, Section §50.44, Billing; When
Payment Due, of the Fayetteville Code of Ordinances is hereby repealed and the following
inserted in its stead:
I
§50.44 BILLING; WHEN PAYMENT DUE.
The billing for services hereby provided shall be included in the hill
rendered monthly to each user of city water, or such services may be billed by
any other practicable means of collection. All bills for services shall he rendered
in the net amount due. Bills are due and payable on or before the twentieth day
following the billing date stated on the hill.
Section 2 . That Chapter 50, Garbage and Trash, Section §50.45, Delinquent
Accounts, of the Fayetteville Code of Ordinances is hereby repealed and the following inserted
in its stead:
§50.45 DELINQUENT ACCOUNTS _
(A) In the event that the billing for services provided for herein are not
paid by the due date on the bill, they shall be considered delinquent and an
additional charge of 10% of the total hill shall be levied. Such penalty shall
become a part of and be collected with the regular billing for services heretofore
levied. Said penalty may be waived for elderly or handicapped utility customer
pursuant to a penalty waiver program approved by the City Council .
(B) Termination of service. The city shall discontinue service in
accordance with Section 51 . 140 - Water Billing Procedures.
Section 3 . That Chapter 50: Garbage and Trash, of the Fayetteville Code of
Ordinances shall he amended to add the following:
§50.46 SERVICE DEPOSITS .
A service deposit shall he made with each application for service. The
service deposit shall he retained in trust, without interest, by the City's Finance
Department. When service to the depositor is discontinued permanently, said
service deposit shall be applied to the final billing and the remainder, if any,
returned to the depositor.
Page 2
ordinance No. 3739
November 16, 1993
(A) All consumers that receive water service and have made a service
deposit on the dwelling in accordance with Section 51 . 135 shall not be required
to make an additional service deposit as required by this section.
(1) The service deposit made under Section 51 . 135 shall include an
adequate amount to cover all services received at the dwelling.
(2) Any service deposit covered under Section 51 . 135 shall follow all
requirements as prescribed in said Section.
(B) All consumers that have not made a service deposit in accordance
with Division (A) above, shall be required to make a minimum service deposit of
$25 .00, or that equal to the highest one month bill, whichever is greater.
( 1) The service deposit amount required may be increased up to 2.5
times the estimated maximum bill , as determined by the Water and
Sewer Services Superintendent, or his designated agent, if the
customer has a history of delinquent payment or nonpayment of his
bill . Increased service deposits may be required of all consumers
whether residential, commercial, or industrial.
(2) Each customer shall be required to make an additional $ 10.00
service deposit each time the service is discontinued for
nonpayment of their water bill .
(C) The Water and Sewer Services Superintendent, or his official
representative, may waive such service deposit requirements as may be considered
justified in the opinion of said Superintendent or his official representative.
( 1 ) In determining whether a service deposit may be waived, the Water
and Sewer Services Superintendent, or his official representative,
shall take into consideration property ownership, credit experience
with the consumer, payment record of the consumer, and status of
current service deposit(s) the consumer presently has active with
the City on other utility accounts.
(D) The Water and Sewer Services Superintendent, or his official
representative, shall determine with each application for service whether the
service deposit shall be paid at the time of application, or if said deposit may be
billed to the consumer, in part or in whole, on the fust month's billing or spread
over several month's billings.
( 1) In determining the required method of payment for the service
deposit, the Water and Sewer Services Superintendent, or his
official representative, shall take into consideration property
ownership, credit experience with the consumer, payment record
of the consumer, and status of current service deposit(s) the
consumer presently has active with the City on other utility
accounts.
Page 3
Ordinance No. 3739
November 16, 1993
Section 4. That Chapter 51 , Water and Sewers, §51 . 135 , Services Deposit, of the
Fayetteville Code of Ordinances shall be repealed and the following inserted in its stead:
§51 . 135 SERVICE DEPOSITS .
A service deposit shall be made with each application for water service.
This service deposit shall be retained in trust, without interest, by the City's
Finance Department. When service to the depositor is discontinued permanently,
said service deposit shall be applied to the final billing and the remainder, if any,
returned to the depositor.
(A) Federal, state, county, and other local government consumers shall
not be required to make a service deposit.
(B) A private residential consumer shall be required to make a
minimum service deposit of $50.00. For the purpose of this division, a
PRIVATE RESIDENTIAL CONSUMER is defined as any single-family unit,
without regard to property ownership, for which an individual meter is required.
(C) All other residential consumers, whether apartment houses,
boarding houses, fraternity houses, sorority houses, or other multiple family
dwellings where master meters are used shall be required to make a minimum
service deposit of $50.00, or that equal to the highest one month bill, whichever
is greater.
(D) Commercial customers such as office buildings, rental properties,
and building contractors obtaining water for construction purposes shall be
required to make a minimum service deposit of $50.00, or that equal to the
highest one month bill, whichever is greater. Rental property owners, real estate
agents, and building contractors may make a cover deposit of $200.00 for
residential dwellings in lieu of individual deposits for each dwelling unit. At such
time as an individual dwelling unit is occupied, the deposit required by division
(C) of this section shall be made for that unit.
(E) All other commercial customers such as hotels, motels, cafeterias,
restaurants, service stations, car washing establishments, supermarkets, laundries,
and industrial consumers shall be required to make a minimum service deposit of
$100.00, or that equal to the highest one month bill, whichever is greater.
(F) Building contractors obtaining water for construction purposes may
make a cover deposit of $200.00 for all residential dwellings in lieu of individual
service deposits for each dwelling. At such time as an individual dwelling is
occupied, the deposit required by division (B) of this section shall be made for
that unit.
(G) Rental property owners obtaining water for rental clean-up purposes
may make a cover deposit of $200.00 for all residential dwellings in lieu of
individual service deposits for each dwelling. At such time as an individual
Page 4
Ordinance No. 3739
November 16, 1993
dwelling is occupied, the deposit required by division (B) of this section shall be
made for that unit.
(H) All customers requesting water service for irrigation purposes shall
be required to make a minimum service deposit of $50.00 for service whereas the
water meter is sized one ( 1 ) inch or less, $100.00 whereas the water meter is
sized over one (1) inch, or that equal to the highest one month bill, whichever is
greater.
(1) Each customer shall be required to make an additional $10.00
service deposit each time the service is disconnected for nonpayment of their
water bill .
(1) For all customer types, the service deposit amount required may be
increased up to 2 .5 times the estimated maximum bill, as determined by the Water
and Sewer Services Superintendent, or his designated agent, if the customer has
a history of delinquent payment or nonpayment of his bill. Increased service
deposits may be required of all consumers whether residential, commercial,
industrial, or irrigation services.
(K) The Water and Sewer Services Superintendent, or his official
representative, may waive such service deposit requirements as may be considered
justified in the opinion of said Superintendent or his official representative.
(1 ) In determining whether a service deposit may be waived, the Water
and Sewer Services Superintendent, or his official representative,
shall take into consideration property ownership, credit experience
with the consumer, payment record of the consumer, and status of
current service deposit(s) the consumer presently has active with
the City on other utility accounts.
(L) The Water and Sewer Services Superintendent, or his official
representative, shall determine with each application for water service whether the
service deposit shall be paid at the time of application, or if said deposit may be
billed to the consumer, in part or in whole, on the fust month's billing or spread
over several month's billings.
(1 ) In determining the required method of payment for the service
deposit, the Water and Sewer Services Superintendent, or his
official representative, shall take in consideration property
ownership, credit experience with the consumer, payment record
of the consumer, and status of current service deposit(s) the
consumer presently has active with the City on other utility
accounts.
(M) 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 pays the required service deposit and pays a $10.00 reconnection charge
plus the back bill. In the event reconnection of an inactive meter is made after
Page 5
Ordinance No. 3739
November 16, 1993
normal service hours as defined in §51 . 140 (B)(3), the customer shall pay the
required service deposit, a $15 .00 reconnection charge plus the back bill .
Section 5 . The provisions set forth herein shall become effective January 1 , 1994.
PASSED AND APPROVED this 16th day of November 1993 .
APPROVED:
By :
red Hanna, Mayor
ATTEST:
By:, i����ft,4fwsrrn��
Sherry L. Thomas, City Clerk
CERTIFICATE OF RECORD
State of Arkansas ( 55
City of Fayetteville
I, Sherry Thomas, City Clerk and Ex-
Officio recorder for the City of
Fayetteville, do hereby certify that the
annexed or foregoing is of record in try
office and the same appears in
Ordinanc & Resolution back X Xv i i at
Fare 3� Witness Div i-ori?—iind
sg� 1 � is day of
City
City Clerk �d E�-t iticio cr
ORDINANCE NO. 3739 Services Superintendent or whether-a -service tleposit
AN ORDINANCE AMEND. his official representative, may be waived. the Water '
ING CHAPTER 50. TRASH shellydetermine with each and Sewer Services Super-
AND GARBAGE , AND application for service intendant. or his official rep-
CHAPTER 51 , WATER AND whethejithe service deposit resentative, shall take into
SEWERS, OF THE FAYET-, Shall 'bp .paid at the time of consideration property
TEVILLE CODE OF ORDI- applicaiibri or if said depo- ownership, credit experi-
NANCES TO REVISE SER- sit may be billed to the ante with the consumer,
VICE DEPOSIT consumer, ` in part or in payment record of the con- STATE OF ARKANSAS
whole, on the first month's sumer, and status of cur-
REOUIREMENTS. Ss.
billing or spread over say- rent service daposielsl the
BE IT ORDAINEDBY THE eral month's billings. consumer presently has ac- County of Washington ..
CITY COUNCIL OF THE{,(1) In determining the re- Live ywith the City on other
CITY OF FAYETTEVILLE,rquiretl method a mane (tilt[ heoWat „ ^
ARKANSAS. Of the service deposit, the Se The Water and Sewer I, u 1 hereby cer-
Watar and Sewer Superirt Services Suparintgntlant, or -
Section 1. That Chapter tendent, or his official rep- his official representative. Gfy that I am the publisher of HE NORTHWEST ARKANSAS TIMES, a daily
F resentative, shall take into shall determine with eaph newspaper having a second class mailing privilege, and being not less than four pages of
S0, Garbage and Trash, consitleration property own- application for water service g g g ' g P g
Section 450.44, Billing; ership, credit experience whether the service deposit five columns each, published at a fixed place of business and at a fixed (daily) intervals
When eymeni Due, of the with the consumer, pay- shall be paid at the time of continuously in the City of Fayetteville, County of Washington, Arkansas for more than
Fayetteville Code Of Ordi- ment record of the con- application, or if said depo-
nances is hereby repealed sumer, and status of cur- sit may be billed to the a period of twelve months, circulated and distributed from an established place of business
and the following inserted rent service deposrtls) the consumer, in part or in to subscribers and readersenerall of all classes in the Cit and Count for adefnite rice
in its stead: consumer presently has ac- whole, on the first month's g y y y P
tive with the City on other billing or spread over sev- for each copy, or a fixed price per annum, which price was fixed at what is considered the
/50.44 BILLING; WHEN utility accounts. eral month's billings. ' value Of the ublication, based upon the news value and service value it contains, that at
PAYMENT DUE Section 4. That Chapter 11 ) In determining the re- P 1"
51 , Water and Sewers, quired method of payment least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
The billing for services 551 .135, Service Deposit, for the service deposit, the or its agents or through recognized news dealers over a rind of at least six
hereby provided shall be in- of the Fayetteville Code of Water and Sewer Services newspaper g g g
cluded in the bill rendered Ordinances shall be repe- Superintendent, or his ofti- months; and that the said newspaper publishes an average of more than forty percent news
monthly to each user Of aled and the following in- tial representative, shall
city water, or such services Sorted in its stead: take in consideration prop-
May be billed by any other any Ownership, credit ex-
practicable means of colleo- § 61 . 135 SERVICE perience with the con-
tion. All bills for services DEPOSITS sumer, payment record of I further certify that the legal notice hereto attached in the matter of
shall be rendered in the net the consumer, and status �\ yL
amount due. Bills are due A service deposit shall be of current service deposit(s) vll' l/YII ✓til nC :1t. ��_7��
and Payable on or before made with each application the consumer presently has Ld r 1'�
the twentieth day following for water service. This ser- active with the City on .1
the billing date stated on vice deposit shag be re-- other utility accounts. was published in the regular daily issue of said newspaper for
the bill. tained in trust. without in- (M) In the event of water
terest. by the City's Finance consumption on an inactive consecutive insertions as follows'
Seaton 2. That Chapter Department. When service meter when no service de
50, Garbage and Trash, to the depositor is discon- posit has been made, t_ha . � 7�
Section 950.45. Delinquent tinued permanently, said water meter shall not be re- k -P,y ll lyl J-(_ da of 19
Accounts, of the Fayette- service deposit shall be ap- connected until the sus- ' The first insertion On the y
villa Code of Ordinances is plied to the final billing and tomer pays the required
hereby repealed and the fol- the remainder, if any, re- service deposit and pays. a
lowing inserted in its stood: turned to the depositor. $10.00 reconnection charge We second insertion on the day of 19
s681. 45 DELINQUENT (A) Federal . State . plus the back bill. In the
County, and other local event reconnection of an in-
ACCOUNTS government consumers active meter is made afterthe third insertion on the day of 19
shall not be required to normal service hours as de-
(A) In the event that the make a service deposit. fined in §51 .140 (81131. the
billing for services pro- (B) A private residential customer shall pay the re- and the fourth insertion on the day of 19
vided for herein aro not Consumer shall be required quired service deposit, a '
paid by the due date on to make a minimum service $15.00 reconnection charge
the bill, they shell be con- deposit of $50.00. For the plus the back bill. /�
sidereal delinquent and an purpose of this division, a / ,.{� .
additional charge of 10% PRIVATE RESIDENTIAL Seaton 5. The provisions ' U
of the total bill shall be CONSUMER is defined as set forth herein shall be- ' �. A ` ' ` , `
levied. Such Penalty shall ' any single-family unit, with- Come effective January 1 , C G V t er Publisher / GenelalMana
became a part of and be out regard to property own- 1994. g
collected with the regular ership, for which an indiv: (1 p
billing for services herAP
eto- � dual meter is required. PASSED AND PROVED ' DEC O 9
fon levied. Said penalty (C) All other residential ' this 16th day of Novem 1J r] 7
may be waived for elderly ;consumers, whether apart- ber,a 1993. JU
or -handicapped utility Ment houses. boarding APPROVED:
customer pursuant to a houses, fraternity houses. By: Fred Henna, Mayor FINANCE DEPT,
penalty waiver program sorority houses. or other ATTEST: LI" 1
approved by the City multiple family dwellings By: Sherry L. Thomas I
Council. where master meters are City Clerk
used shall be required to
B. Termination of Service. make a minimum service
The City shall discontinue deposit of $50.00, or that ,
service in accordance with equal to the highest one ,
§51 . 140 - Water Billing month bill, whichever is
Procedures. greater.
(D) Commercial custom- I 22
Section 3. That Chapter ars such as office buildings. Swom to and subscribed before me on this vJ day of
50: Garbage and Trash, of rental properties, and build-
Iha Fayetteville Code of Or- ing contractors obtaining In ^ /] orf
dinances shall be amendetli water for construction pur- yt�� ,')') ` �l jT1 ` 19 G .3
to add the following: poses shallbe required to
make a minimum servical '
650 . 46 SERVICE ; deposit of $50.00, or thatl
DEPOSITS equal to the highest onel
month bill, whichever is
A service deposit shag be greater. Rental No property Public
for
with each application owners. real estate opertyl -
for service. The service tle-, antl. building contractors
posit shell be retained in may make a cover deposit•
trust. without interest, by of $200.00 for residential My Commission Expires:
the City's Finance Depart- dwellings in lieu of indivi- I _
Ment. When service to the dual deposits for each /�" . l )n
I , /1.
depositor is discontinued dwelling unit. As such time 1 o
permanently, said service as an individual dwelling I
deposit shall be applied to unit is occupletl, the depo, - ...
the final billing and the re- sit required by tlivision (CII
mainder, if any, returned to of .this section shall be
the depositor. made for that unit. Fees for Printing $ _477, 6(c
(A) All Consumers that re- (E) All other Commercial
customers such as hotels. Cost of Proof
naive water service and $
motels, cafeterias, r
have Made a service depo- car
sit on the dwelling in actor- ansa service stations,
cear ar Total $ 1 lV to
dance with 451 .135 shall washing establishments.
supermarkets, laundries,
not be required to make an
additional service deposit as and industrial consumers
e
shall be required to make
required by this Section. minimum service deposit of
M The service deposit • the highest
Or that equal t0
made under §51 .1adequate
5 shat ma highest one month bill,
include co an atleque i amount whichever is greater.
ce cover all servings re- obtaining
Building contractors
calved at the dwelling. obtaining water for con-
co Any service deposit stake an purposes may
covered under requirements
shall make a cover deposit of
follow all requirements . $200.00 for all residential
andel
prescribed in seitl Section. dwellings c liar of ifor
(a) All consumers that dual service deposits for
have not made a service each dwelling. At such time
deposit in accordance with as an individual dwelling is
Division IA) above, shall be quired by the deposit his
re-
required to make a mini- quired by division (B) of this
mum service deposit of section shell be made for
$25.00, or that equal to the that unit.
highest one month bill, whF (G) Rental property own-
chover is greater. ers obtaining water for re-
l ) The service deposit nal clean-up purposes may
amount required May be in- make a cover deposit of
creased up to 2.5 times the $200.00 for all residential
estimated Maximum bill, as dwellings in lieu of indivi-
determined by the Water dual service deposits for
and Sewer Services Super- each dwelling. At such time
intentlent, or his designated as an individual dwelling is
agent. if the customer has occupied, the deposit re-
a history of delinquent pay- quired by division (B) of this
Ment or nonpayment of his section shall be Made for
bill. Increased service depo- that unit.
sits may be required of all IH) All customers request-
consumers whether resi-
dential. ing water service for irriga-
industri
usrial. commercial, or tion purposes shall be re-
quired to make a minimum
(2) Each customer shall service deposit of $50.00
be required to make an ad- for service whereas the wa-
ditiunal $10.00 service de- ter meter is sized one (1)
posit each time the service inch or less. $ 100 .00
is discontinued for nonpay- whereas the water meter is
Ment of their water bill. sized over one (1) inch, or
ICI The Water and Sewer that equal to the highest
Services Superintendent. or one month bill, whichever
his official representative, is greater.
May waive such service de- i (1) Each customer shall be
i posit requirements as May required to make an adds
, be considered justifiedin tional $10.00 service depo-
, the opinion of Said Superin- sit each time the service is
tendent or his official disconnected for nonpay
representative, ment of their water bill.
( 1 ) In determining (J) For all customer types,
whether a service deposit the service deposit amount l
may be waived. the Water required may be increased
and Sewer Services Super up to 2.5 times the esti-
intentlent, or his official rep- ] Mated Maximum bill, as de-
resentative, shall take into termined by the Water and
consitleration property own- Sewer Services Superinten- ,
ership, ' credit experience dent, or his designated
with the consumer, pay- agent, if the customer has
Ment record of the con- a history of delinquent pay- .
sumer, and status of cur- ment or nonpayment of his
rent service Capositlsl the bill. Increased service depo-
Consumer presently has 8o- sits May be required of all
live with the City on other consumers whether resi-
utility accounts. d
dentist, commercial, indust-
rial. or irrigation services.
(K) The Water and Sewer
Services Superintendent, or ,
his official representative,
I may waive such service de-
posit requirements as may
be considered justified in
the opinion of said Superin-
tendent or his official
reprosentative.
( 1 ) In determining
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