ORD NO 17-1972 ORDINANCE NO. 0-11M;
AN ORDINANCE FIXING RATES FOR SERVICI :;S '.I'0 BE FUR-
NISHED BY THE SEWER SYST OT THE CITY OF 'JZN BUREN,
ARKANSAS, AND REPEALING ORDINANCE NO. 11 -1962
WHEREAS, the City of Van Buren, Arkansas needs to make
major improvements to its sanitary sewer system so that the
City will have modern sanitary sewer system to serve the needs
of its inhabitants; and
WHEREAS, the City of Van Buren, Arkansas has increased in
population and has expanded commercially and industrially with-
out adequate improvements to its sewer system to meet the in-
creased needs of its population and industrial expansion; and
WHEREAS, further population growth with commercial and
industrial expansion will be jeopardizedy the lack of com-
plete modern sewer facilities; and
WHEREAS, the City of Van Buren, Arkansas, has determines]
to finance the cost of such construction from the pi'Oi: ii 6'(i C: of
sewer revenue bonds in approximately the sum of $500,000.00;
and
WHEREAS, it is necessary for the City Council for the City
of Van Buren, Arkansas to establish minimum monthly rates to
be fixed for services to be furnished by the sewer system:
NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF
THE CITY OF VAN BUREN ARKANSAS:
SECTION 1. That the following monthly rates for each
customer c:onnecte=d'to and served by the sewer system of the
Il k City of Van Buren, Arkansas, be fixed for ratea to be Changed
for services to be furnished by the sewer system of the City
of Van Buren, Arkansas, which monthly rates the Council finds
are reasonable and necessary rates to be charged:
SEWER RATES, PER MONTH
Service Service
Connected Connected
To std ¥r-- ror -to ,Af-ter'.`s
Classification S4yreh tea} -1 65 May 1 -9 -6`
One- Bathroom Residence 2.95 3.95
Each Additional Bathroom .50 .75
Hotels, Rooming Houses Tourist Courts 25.00 37.00
(50 or more rooms)
Hotels, Rooming Houses Tourist Courts 16.00 23.50
(20 -50 Rooms)
Hotels, Rooming Houses Tourist Courts 9.00 13.00
(less than 20 Rooms)
Restaurants 8.50 11.00
Garages Service Stations 13.00 19.00
(With Car Wash Facilities)
Garages Service Stations 6.00 11.00
(Without Car Wash Facilities)
Cleaning Pressing Establishments 8.50 12.25
Hospitals 16.00 21.00
Clinics 6.00 8.50
High Schools 16.00 21.00
Elementary Schools 8.50 13.00
Ice Plant 16.00 23.50
Churches 5.00 6.00
Industrial Shower Rooms 16.00 23.50
Washaterias 26.00 38.50
All Other Commercial Establishments 6.00 8.50
(with the exception of special
industrial wastes which shall be
determined by Commission action)
Industrial plants, including without limitation, laundries,
canneries, packing houses, milk processing, poultry process-
ing, slaughter houses, chemical plants, tanneries, bottle
washing plants, and all similar industries producing wastes
having high oxygen consumption, high suspended solids, high
dissolved solids, oil or grease, or wastes requiring special
treatment, as follows:
The greater of
(a) 60% of the monthly water bill, or
(b) a rate determined according to the following
formula:
r;
Ci VoVi boSi SoSi
Ci $62.615 Vi $0.0044 Bi $0.0007Si
Ci Dollar charge per month to industrial users
Vi Volume of waste water from industry, MG per mo.
Bi Weight of BOD from industry, pounds per mo.
Si Weight of suspended solids from industry,
pounds per mo.
BOD Bio- chemical oxygen demand strength index
in parts per million by weight
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Duplex houses shall be considered one or two residences according
to the number of water meters used to serve them.
TAPPING FEE:
Tapped on Back Lot Line Easements $20.00
Tapped on Gravel Streets 40.00
Tapped on Paved Streets 50.00
No free service shall be given. No sewer service shall be
made available to anyone who is not a city water customer. Each
apartment in an apartment house shall be billed as a separate
connection to the system.
Monthly billings for service shall be made with, and as
a part of, the water system billings, and payment for water ser-
vice will not be accepted without payment for any sewer service
due. If not paid before the tenth day following the original
date of billing, a 10% penalty shall be added to the bill. If
the bill is not paid within thirty days from date of billing,
services shall be discontinued, and a charge of $3.50 plus the
payment of all delinquent charges will be required before any
premises. so disconnected for delinquent payments shall be again
connected.
Each user of the sewer system shall make and maintain a
deposit of $5.00 to be applied when necessary in payment of
delinquent sewer service charges. No interest will be paid
on any deposit.
Under the provisions of Section 19 -4113, Arkansas Statutes,
1947, a lien is fixed upon the land for any unpaid sewer service
charge, even though the use of the sewer system may be by a
tenant or lessee instead of the owner, but vacant unoccupied
property not actually using the sewer system shall not be sub-
ject to a service charge. The burden of proving non -use during
vacancy shall rest upon the owner of the property.
SECTION 2. The Council hereby finds that these rates to be
the reasonable and necessary minimum monthly rates to be charged
for the services of the municipal sanitary sewer system, and
they shall not be reduced while any municipal sewer revenue bonds
or interest thereon are outstanding and unpaid (unless money for
such payment has been deposited with the paying agent), and
shall, if necessary, be increased to a schedule of rates that
will produce enough sewer revenue to pay such bonds and interest
thereon as they mature. Rates based on the formula for industrial
plants set out in SECTION 1 hereof shall be recomputed on a yearly
basis using the peak day of sewer use by the industry to deter-
mine an equal monthly sewer rate. The rate thereafter shall be
established by the Water and Sewer Commission annually in accord-
ance with the recommendation of the City's engineer.
SECTION 3. The Water and Sewer Commission shall also serve
as a City Board of Health, with power to ascertain whether im-
proved and occupied property which is not connected with the
sewer system, but can be served thereby, has adequate sanit-
ary facilities so that the public health is not impaired because
of the failure to connect said property to the sewer system.
SECTION 4. Each owner of improved property which lies with-
in the area that can now be served or can be served after the
completion of the improvements to the sewer system is hereby
directed and required to connect all toilet and waste water
facilities of such improved property with said sewer system
within three months after the service is available, and each
owner of property that is improved after the completion of
the improvements to the sewer system and can be served thereby
shall connect the toilet and waste water facilities of such
property with. the sewer system within three months, subject to
the requirement of an earlier connection if the failure to
connect constitutes a threat to public health.
-4-
SECTION 5. In the event the Water and Sewer Commission,
proceeding as the City Board of health, shall find that any
improved and occupied property not connected with the sewer
system does not have adequate sanitary sewage disposal facil-
ities and that thereby the public health is impaired or threat-
ened, it shall send a written notice to the owner of such pro-
perty, if it can be served by the sewer system, to connect said
property, if it can be served by the sewer system, to connect
said property to said system within thirty days from the date
of said notice. Any property owner who fails or refuses to
connect his improved property with the sewer system after being
notified to do so shall be guilty of a misdemeanor and upon con-
viction shall be fined in any sum not less than $2.00 and not
exceeding $10.00, and each day's failure or refusal after expir-
ation of the time fixed in the notice to make the connection
shall be a separate offense. Provided, nothing in this ordinance
shall be so construed as to compel the building of a sewer line
by one property owner over the property of another, or for a
greater distance from his property through or into any street
or alley than three hundred (300) feet to a place where a con-
nection can be made to the sewer system.
SECTION 6. The provisions of this ordinance are separable,
and if any section or part thereof shall be held to be illegal
or invalid, it shall not affect the validity of the remainder
of the ordinance.
SECTION 7. The services charges as set out in Section 1
hereinabove shall take effect and be collected beginning with
•110 the first day of January, 1973.
All ordinances, including Ordinance No. 11 -1962, and reso-
lutions or parts thereof in conflict herewith are hereby
repealed.
-5-
SECTION 8. It is hereby ascertained and declared that there
is immediate need, in order to protect the health, lives and pro
perty of the inhabitants of the City of Van Buren, Arkansas, for
the construction of improvements and extensions to the municipal
sewer system; therefore, an emergency exists and this ordinance
is necessary for the preservation of the public peace, health
and safety, and shall take effect and be in force without delay
from and after its passage.
1!
Passed: /�;'��i' 197 c
APPROVED: /j,r i i rJ!' c.:�� r
Mayor
Attest:
City Clerk