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ORD NO 42-1981 ORDINANCE NO. 1) 17/1 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, A ND'ORDINANCES.IN CONTRADICTION HERETO; DECLARING AN'EMERGENCY; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. r WHEREAS, certain'extentions, 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 manner so that such rates entirely fuhd,and provide for the operation of. the Sewer System; and WHEREAS,. the Van Buren Water.& Sewer Commission t 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.by resolution 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 ton air, 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 January 1, 1982 by the sewer system effective, beginning on the 1st day of January, 1982. The rate shall consist of a minimum which shall be based upon the size,of meter necessary for such residence, business, industry,. or institution. and an additional actual 'usage rate of •S‘ per thousand gallons or fraction thereof. The l shall include the first one thousand gallons. .SECTION 2: Determination of Actual Usage. Actual usage shall be determined as follows: (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) .•f 'minimum charge 3/4 1 6.00 12 9.00 2 50.00 3 150.00 4, 200.00 1 6 300.00 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 computatioin 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 4 until an average monthly basis can be attained during the months above indicated.. SECTION 5: 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 6: .Separability. That the provisions of this ordinance are separable and if.a phrase or provision shall be declared•invalid, such declaration shall not affect the validity of the remainder of the ordinance. SECTION, 7: Repealing. That all ordinances and resolutions and part thereof in conflict are hereby repealed. SECTION 8: 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 consumers 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. PASSED AND APPROVED this day of 1 -.2 -o 1 1981. APPROVED. i/c/./tit MAYOR ATTEST CITY CLERK