ORD NO 03-1985 ORDINANCE NO. 1- 79,P6
AN ORDINANCE ESTABLISHING THE RATES TO BE CHARGED FOR THE
SERVICES OF THE SEWER SYSTEM OF THE CITY OF VAN BUREN,
ARKANSAS: REPEALING ALL ACTS AND ORDINANCES IN CONTRADICTION
HERETO: DECLARING AN EMERGENCY: AND PRESCRIBING OTHER
MATTERS PERTAINING THERETO.
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WHEREAS, certain extensions, betterments and improvements to
the Sewer System of the City of Van Buren, Arkansas, are necessary
to make the Sewer System adequate to serve the needs of the City
of Van Buren, and its inhabitants; and,
WHEREAS, it is necessary that the sewer rates imposed by the
City of Van Buren, should be adjusted in a manner so that such rates
entirely fund and provide for the operation of the Sewer System; and,
WHEREAS, the Van Buren Water Sewer Commission upon a
necessary and complete investigation have found that it is necessary
to the interest of the City and its inhabitants, that the rates
charged for the facilities and services afforded by the Sewer System
of the City of Van Buren, be adjusted as follows and have offered
such proposal to the City Council of the City of Van Buren,
Arkansas:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Van Buren, Arkansas:
SECTION 1: Rate. That the following monthly rates which
the City Council of the City of Van Buren, Arkansas, does hereby
find and declare to be fair, reasonable, just and necessary
minimum rates, are hereby established as rates to be charged each
residential, commercial, industrial, institutional, user for sewer
services rendered after April 1, 1985. The rate shall consist of
a minimum which shall be based upon the size of the meter necessary
for such residence, business, industry or institution and an
additional actual usage rate of .70 per thousand gallons or
fraction thereof. The minimum rate shall include the first one
thousand gallons.
SECTION 2: Determination of Actual Usage. Actual usage
shall be determined as follows:
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(a) Residential users' actual usage shall be based on average
monthly water consumption (in gallons) for the immediately preceding
months of November, December, January, February, and March.
(b) As to other users (commercial, industrial and institutional)
actual usage shall be based upon actual discharge into the sewer
system where a properly installed and approved flow meter is installed
so as to monitor actual discharge. Where these users do not install
a meter to measure the discharge, discharge shall be calculated to
be same as the actual water consumption or an estimated amount where
good cause can be shown to the Water Sewer Commission that such
amounts of water are not discharged. Any such estimation may not
exceed a 90 day period.
SECTION 3: Minimum Fee: The minimum fee based upon meter size
shall be as follows:
Size of Meter (inches) Minimum Charge
3/4 3.74
1 7.48
1 1/2 11.22
2 62.33
3 186.98
4 249.31
6 373.96
SECTION 4: New Residential Customers: As to the new residential
customers who have not used the system for the winter months as
indicated, the Water Sewer Department shall make the computation
by taking in consideration such figures of actual water usage as are
available, if any. Such estimates shall only be made for a period
of one year until an average monthly basis can be obtained during
the months above indicated.
SECTION 5: All users of the sanitary sewer system outside the
corporate limits of the City of Van Buren, Arkansas, shall pay one
and one -half times the rate rate for customers inside the corporate
limits.
SECTION 6: Vacant Property. That vacant unoccupied property
not actually using the System shall not be subject to a charge, but
the burden of showing vacancy and non -use rest on the owner of the
property.
SECTION 7: The City Council hereby finds that said rates,
which amount to an increase of 11.1% over existing rates, are
reasonable and necessary to be charged for monthly sewer services,
and it is necessary that same be charged and collected in order to
produce sufficient revenue to pay outstanding Bonds and Interest
thereon as they mature, and together with the costs of the operation
of the system.
SECTION 8: Separability. That the provisions of this
ordinance are separable and if a section, phrase or provision shall
be declared invalid, such delcaration shall not affect the validity
of the remainder of the ordinance.
SECTION 9: Repealing. That all ordinances and resolutions and
part thereof in conflict are hereby repealed.
SECTION 10: It is ascertained and declared that there is
immediate need in order to procure sufficient revenue to operate
and maintain the Van Buren Water and Sewer System and protect the
health, lives and property of the inhabitants of the City of Van
Buren, Arkansas, and cusumers of the Van Buren Water and Sewer
Department, to charge and collect the charges hereinabove set out;
therefore, an emergency is found to exist, this Ordinance is necessary
for the preservation of the public peace, health and safety, same
shall take effect and be in force without delay.
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PASSED AND APPROVED this 4' day of j, I,C 1985.
APPROVED:
By
YOR
4:0 ATTEST:
CITY CLERK