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Home My WebLink About99-01 RESOLUTION0 RESOLUTION NO. 99-01 0 A RESOLUTION REAUTHORIZING COLLECTION OF THE "FEE FOR FEDERAL SAFE DRINKING WATER ACT COMPLIANCE" IN THE AMOUNT OF TWENTY-FIVE CENTS (25c) PER MONTH PER WATER SERVICE CONNECTION PURSUANT TO §20-28-105 OF THE ARKANSAS CODE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Reauthorizes collection of the "Fee For Federal Safe Drinking Water Act Compliance" in the amount of Twenty -Five Cents (25¢) per month, per water service connection pursuant to §20-28-105 of the Arkansas Code, a copy of which is attached hereto and made a part hereof. PASSED AND APPROVED this 17th day of July, 2001. APPROVED: ' •r: � s � By: A109d dVZ4� DAN GOODY, Mayo By: At HEATHER WOODRUFF, City Clerk 0 NAME OF FILE: Resolution No. 99-01 CROSS REFERENCE: Resolution No. 128-91 0 07/17/01 Resolution No. 99-01 06/21/01 Departmental Correspondence to Dan Coody, Mayor, thru Ted Webber, Admin. Services Director, from Stephen Davis, Budget Mgr., Rainy Laycox, Business Office Supervisor regarding Resolution to continue "pass through" fee to water customers for "Federal Safe Drinking Water Act" 03/17/91 Copy of A Bill House Bill 2028 03/27/91 Copy of A Bill Senate Bill 226 Copy of Act 1053 of 1991 07/02/91 Copy of Resolution No. 128-91 (cross reference) 07/12/01 Copy of a water bill (see bottom of page) 06/21/01 Copy of an Annual Review of Connections for Public Water System Service Fee Act Annual Billing 07/12/01 Staff Review Form 07/23/01 Departmental Correspondence to Rainy Laycox, Business Office, from Heather Woodruff, City Clerk NOTES: FAYETTEV&LE • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dan Coody, Mayor Thru: Ted Webber, Administrative Services Director From: Stephen Davis, Budget Manager�4&,:,� Rainy Laycox, Business Office Supervisor Date: June 21, 2001 SUBJECT: Resolution to continue "pass through" fee to water customers for "Federal Safe Drinking Water Act" Since July 1, 1991 all water customers billed through the City of Fayetteville Utility Billing program have been charged the fee mandated by the Federal Safe Drinking Water Act of 1991. The original fee was 15 cents per month per connection and was increased to 25 cents per month per connection by Act 903 of 1993 passed by the State of Arkansas 79th General Assembly. City of Fayetteville Resolution No. 128-91, which authorized the "pass through of the safe drinking water fee", was approved by the governing body of the City on July 2, 1991. Although the fee was increased to the 25 cent amount as mandated, it has been brought to our attention by a citizen that a revised resolution has not been adopted. Because the State revises or amends the Safe Water Drink Act periodically, staff recommends that the new resolution be a continuing authorization for future mandate changes. HABUDGMPROJECTS\OTHER\federal safe drinking water act.WPD z 1 y G M U 1'- 13 :5 :f3 State of krkansas 79th Gcncral AiscmbK* Re?ular Session. 199. Br. Reoresenta«ve Goodwin r� eu Engrossed: 3/17193 - Acz' A0B�3 ill HOUSE BILL 02023 For An Act To Be Entitled "AN ACT TO AMEND kLKA'gSAS CODE SS 20-23-104 �L\TD 105 TO AUTHORIZE TEE ST.MBOARD OF MEaI TH TO SET TE ANIMAL FE S ?OR ?UBLIC TWAT=R SZST'uS TO NO ;_ORy THAN1'wZZ _?IVE CENTS ?ER SERVICE CONNECTION; AND FOR OTEER ?UR.°OSES." Subtitle "TO AMIM AR.eANSAS CODE S S 20-23-104 ?41D 105 TO 3DTHORI7 Tit S= BOARD OF Err _ 1 T73 TO SET TEE ANNUM, 2T S FOR ?UBLIC WAMI STST uS TO ;[0 �GRy THA,%j T'nEAi?-rITE CE;[TS ?HZ �. SERVICE CONNECTION." BE IT ENAC4ZD BY THE GENE7.AL A.SS `f' L? OF TM ST -M-4 OF MITA AS: SECTION 1, Arkansas Ccde SS 20-28-104 and 105 are amended co read as :ollcvs: "20-28-104. Annual :ees -=zceotioas. (a) The Denar^eac o: Health is author' -zed to Collett =e Lollcv=zg annual .-ees =rcct eaci ubliC vacer system :or se^rice -provided, ochez chaa alas reviays, by the public vacar system superrisiou program: (1) Cc0M•-=C7 water s7scems aad noac;ans_eat aoncOmmuaic7 :scar s7scems: act more Chan .:enc--:ive cents (Z5c) per serr_ce tcn=eccion rer monz�l; (2) :Icnc-cmuaiC7: Oce =uadred dollars (S100); (� (3) The iau= !ee ^',r;ed cc a C MMua4-=7 vacar syst s Or a 1onC72a54enc=caccmmun4c7 vacar s7scam is two hundred dollars (5200) pe: year (4) The =timber o: serr'-ce connect:cus :or Mon-crans'en- loacamm-a- 7 vacar s7scams sa'_1 be calcc_aced by di-r-diag the ponu_acioa served by tiJo a 1 ane -_al: (2.5); J (5) The __ber of se_-:ce ccmmeccions Car commua4C7 =u:l_C water 0 �0 AS Engrossed: 3/17;9, I s7sce=s noc se_r'_ag discrete se^rice conneccLens snail be calculated by _ di•r'-di=g c;1e pooulacion served •oy c. a arc oce-: al_ (2.5) , (b) The number, of sertice connate?ons o; poou'ation ser. ea shall be 1 taken Prem the Depart=enc of HeaLch's ouSlic vicars-sczm 4Zve^-c0-7 at the time o_ b"14=3 6 (c)(1) 2Tew water systems vill =oc be assessed a fee for services " water is suoolied to the first connection. 3 (2) All state -caned nonccmmun4t7 water systems are exemoc from the fee 9 provisions of this chapter. LO (d) The fee shall be established by the State Board of Healch to assure LL imo lemencacion of the ?ublic 'dater System Se -lice Act. L_ L3 20-23-105. Payment of fees. (a (a) .111 fees payable under chis ciaccer scall be due according to :he .oil _ g schecule and shall be ca7abla to the Depart :e=c of Health: L6 (1) Annual fees of one thousand dollars (51,000) and less shall be L7 oa7able __ a sLagle pa7menc due on Jaauar7 1 of eacc fear; - i3 (2) Anapal fees greater Chan one thousand dot?ara•(SL,000) and less 19 tion five thousand dollars ($5,000) snail be += payable aMarterlj payments, .: 20 -r-ch the ?aymencs due on October 1, Januar7 1, Apr4.1 L, and Jul7 1 of each .I 7ea_, _ (3) Annual fees oC five thousand dollars ($5,000') and greater shay- be ?a721:le _ =oncilj ?ayments vith the first paymeac cue cm August 1 of eaci year. Successive -payments shall be due on the first day of each month. _ (b) All water systems issuing reg•.i1ar +star biT_ls for eater se trice mal :5 recover Cie cost of the -fees stated in §20-28-104 by one (1) of the follcv-:,ag t _, =eciods: 3 S` (1) Assessing a direct charge an eaci bill of hoc more than. tvencj-fivg3 _ r cents (25c) per month oar service coaneccion;'or `O (2) 1990 anus the total amount of the annual fee charged to the i water s7stem among its customers in any aaaner that the water system dece�=es to be =ore zau:taba le; pry:ded, however, chat on char;e is ezeess _ :5 of hoc care thio wencj-five cents (25c) per aanch per service shall be Charged for aa7 service through which zacer is ?ravidec to another communit7 public water system. J (c) The charge shall be labeled ^5r3 ?OR 'D �t S p ruz-Kc arz As �F.-�rosred: J87-93 t 0 HB 2025 ACT CGt`_'LUFCE" and shall not be cons_dereed as a ?arc o_ the _aver races of c"e respective water s7scems. Toe ;ee shall be escaoLis'=ed 'o- State Board o' 3zalch to assure , plemencac'_oa oc the P_bl_c Slater STscem Sa r±cz icc." SECTION 2. All ?revisions of chis act o= a ge_e-a1 and ?e-=anenc nate-e are aaendacor7 to the Arkansas Code of 1987 Annotated and the _=vansas Code ?,eviston Commission shall incor-jorace the same ia the Code. SECTION 3. It any ?rovision of chis acc or c.— aool'_cacica thereof to ae7 person or e'_rcumstauce is held invalid, such :ava2.idic7 s=ail noc a.'c-ecc ocher provisions or aoolicac'_ons of the acc w'o.ich. can he give- e==etc- =gout the i=valid provision or application, and to chis a=d c=e proc'_s'_ous of chis act are declared to be severable. SECTION 4. A11 laws and sares o: laws i..n -_s act are hereby resealed. SECTION S. .::oe.rgency. Ic _s aereby sound and decars_-e=' by ca sevea,. -Ysnca ceaeral Assembly caac-..Vs act p.-ov=des rcr tie c __eco:on o. cerra� based on the state's ::seal year; caac for - :—ger ae^,--sc.raccoa o� chis act, :c should become errA _eve an cae __rsc da.r.oc c:.e next r_scal Tear; claac beg4z""g or aa= :'_sca.3. lea= _s July 1, 1993; and cant chis ecergeaeyclau noc adooced tae e.c eccve tate o. can act May be attar Tull 1, 19 nereso _ an ameraeacy vis berm declared cc ex;�sc And c :s Act b =g aecessarT for ::ae l ee_ - r_esez�ac_=. or cze pucl:c peace, al ca and sarecy saaZ_ be .a F..7T :once sac _:=eco rroa and attar y 1, 1993. 3 151Tap. CcodTria APPROVED GOVc�VOR " Y%i rs3.0