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108~^"`~~ c~~ ~~ ~'°` .#/os AN CftDINANCE PROVIDIl~ FOR TIC REGUTATION A1tiU OPRRATIt~id OF TF~ SgWERAGS SYSTSad OF T~ CITY. OF WEST M~HIS, ARKANSAS, PROVIDING FOR REVISION, ADJUSTMgNT AID E9rABLISH+~TT OF RATES Ate BASIS CfF' CEARuE3 FOR ~ USZ AND SERVICE OF SAID a'EtKERAGE SYST~d ARID PROVIDING FOR ~ COI~.LCTION (~' SAID RAl'FA AMID CF~ES AND PAOVIDII~ FtFtTHER FCtR NICE OF PflBI~IC I~IIRIlVG ON TF~ SAID R'~^PISION, ADJUSTI-~NT J1ND ffiTABLI OF SAID RATEB AND CF~GEB Whereas, under the provision of the Revenue Bond Refinancing Act of 1937 (Asst 297 of the General Assembly oY Arkansas 1957) as amended, the City oP West Ma¢nphis, Arkansas is authorized to and did at its Meeting of Suly 6, 1945 authorize the. issuance oY X319,000, par value, SexeBcage Revenue, Refunding and Improvement Bonds ®d' said City, ~o be payable solely Pram the net revenues to be derived Iran the operation of the Sexerage System oY said City, together xith additita~s, improvements and extensions thereto, and Whereas, the Refunding and Improvement Serer Revenue Bonds, hereia- abors described, are to be .presently outstanding is the total principal emc~tnt ®! ~275,Qf~! in carder to provide fcr the refinancing oY X41.,000 outstanding :.,> , Serer Revenue Bonds, and to prcyvide funds far the constructioal oY additiaais, improvemea~ts and eatensicffia to the sainting Serer System of said City:, and Whereas, it is` nec®asary to charge the inhabitants of said City Yor .s use emd service of said 9enverage System and to revise, adjust and establish rates and basis cf Soarer charges; to provide Yuada to pay the cost oY operation sad maintenance oY sai8 ~3yat~pi, principal and interest of outstanding bonds payable from the net reveinnes at said System, and also to provide a lfl~ margin Yor contingencies, and Whereas, it is necessary to Yix the manner and method oY calculatieai aY said rates and charges, the date xhen they shall became due and payable sad rhea they shall become delinquent, and to provide Yor collectia~- of such charges sad rates together xith penalties thereon, NCiY ~FCRE BE IT QR'DAIl~IED BY THE MAYCR AND BOAt~D Cf~ A~ ~ WR3T M~HIS, ARKANSAS: Section 1. There shall be and there. are hereby established rates easd basis ®Y charges for the use and service of the Sexerage System oY the City oY Weat ~ Memphis, As~nsas, as follows: ..~ Ya1r The users of sai8 Sewerage ~3ystem shall be classified as owners and r tenants of premises located within the Jurisdictional limits of the City of Nest Memphis, Crittenden County, 1~rkansas. AP!'LICJk'L'ION The Schedules set out below of rates and basis oP sewerage charges shall apply to all sewer services rendered by the City of West Memphis, .~rkan Schedule No. 1 shall apply to all residential and com~nereial euatc~eners, whose monthly crater consumption is so used that a maJor portion of it reaches the sanitary sewer, as d®termined by the City Council. Schedule No. 2 shall apply to all residential and commercial customers water whose monthly consumption is so used that a maJor portion oP it does not reach the sanitary sewer as determined by the City Council. s Schedule No. S shall apply to ell residential and c©mmercial customers, water mont~tly/supply is obtained from the maintenance, operation, and use of a .ovate water system. 9C~UI~! N0. 1 A11 ~aonthly sewer charges shall be based upon water consumption. The thly sower charge for users under this schedule shall be sixty--seven percent the average maa~thly water bill for the months of ©ctober, Novamaber, December, anuary, Febraary, and March, including minim~ts and discounts, computed taly for eadh customer for such period. The amount determined by this thud oP calculation shall be the uniform monthly charge for such customer for neat succeeding twelve months-period. The minimum monthly sewer charge ender this schedule shall be X1.00. 9C~I~ N0. 2 A17, monthly sewer charges shall be based upon water consumption. The sewer charge for users mlder this schedule shall b® sixty-sev®n percent r ~' • T ~~ of the average m<u~thly water bill for ,the months of ©atober, Atove~mber, December, January, February, and March, including minimnuns and discounts, computed separately for each customer for such period. The amount determined by this method of calculation shall be the uniform monthly charge for such customer for the nezt succeeding twelve-months period, provided however, that the amount determined to be the monthly charge under this schedule shall be reduced in percentage by the difference between 100y~ of water consumed and the percentage cd same which passes into the sanitary sewer system of the City, The minimum manthly sewer charge under this aahsdule shall be ~~,o.c-"' BCS~DtTLB N0. 3 Ths monthly se~,r charge under this schedule shall be SOyd for sash plumbing firtnre in use by each and every residential or co¢snercial customer to whom this schedule applies. Tlie minimum monthly sewer charge under this Schedule shall be ~ ~, t: Section E. Whenever, far any cause, a water meter fails to operate, a reasonable estimate shall be made by the Water Department of said City of nest Memlphis of the aanount of the water supplied during the period said meter has failed to operat®, and the said user shall pay a ash based in whole or in part upon such estimate of the eoaount of water supplied as the case may bs in aacder to provide a basis ~t calculation for sew®r charges as provided by this ordinar~ae. Section 3. If, at any time, the rates ar charges herein fined shall not be sufficient to pay the reasonable cost of maintaining• and operating the Sewerage System aid to ply the principal arP and interest upon all ReRmding and Ihiprove- Sewer menu Revenue ,Bonds, pa4yable out of the revenue of the Sewerage System, issued by the City of West Memphis,. Crittenden County, ~ilrkansas v~hich m~ then be outstanding, then the Mayor and Board ai' d1l.dermen of said City shall forthwith increase the rates fixed by this ©rdinanae so that the same shall be sufficient to provide adequate revenues for said purposes, together with a 1Q~ margin for contingencies. ~~ ._ ~... -~- Sset ion 4. All bills for seer®rage +services shall be rendered cat the first day of each month Por the preaeeding mcmth, and they shall be dews and payable iamediately. Failure to pear the same within ten days after the rendition 02 shall cause a 1~ penalty to b® added thereto, and aolleated as part oS the bill. In the event t2~e charges for sesarage services are not paid within ninety days attar the due date ai' the bill for sash services, they shall bs deemed sad are hereby declared to be dalinqu~ent, sad thereafter each delinquent ~aharges shall constitute a lien upon the real estate upon ~& Tor dhiah sewerage services have been supplied. The City of Est Memphis, the Sauter Committee, c+r the proper City Officials a2 the City oP Worst Memphis are hereby directed and a~hacissd to take appropriate aaticu to impress the lien for delinquent sewer aherges upon the real. estate npcn and for wb3ch sewerage service has been auppliei. ~M1r ~~ Ssertioa 5. It shall be the duty of the Sewer Cammittee~~to reader bill. Bor sewer service sad all other charges aof~eated t}~rewith and a11, other morays due th®re 0~1. Bastion 6. All of the revenues derived from the operation of the 9ewarage Systee- shall be held by the City separate and apart from all other f'ands et the City, and deposited in the Sewer Revenue Account as set out in that aertaia Qrdinanaa of July 6, 1945, whereby the aforesaid Refunding and Improvement Sewer Reveatae Bom.ds were authorized. Section 7. That a public hearing on the rates and charges, herein pro~rided, shall be bald at the City Hall in the City of ~fest Memphis at 8 0 ~ cloak P. M. on Twesday, July ?,~, 1945, in order that ob~eations, it sue, to the Schedule of rates and charges herein f ize d me`y ba made . That notice of said public hearing shall be given by publication oT this Ordineaiae in Tall in Crittenden County Tames, a newspaper published in and having a general circulation in the. City of West Memphis, Arkansas,-<es Friday, )' ~M rk: k~ * • R ~, ` is 1^- .~ -5- ,~ Tiny 13, 1945, to provide thierby ten d aye' published notice of said hearing as required by haw. X11 ordinances or parts of ordinances in conflict herewith are hereby repealed. It is ascertained and declared that the lack of an adequate sewer system endangers the he alth of the inhabitants of the said City of West Memphis; that it is necessary to begin construction of the proposed sewer syate~a immediately; that the rates and charges herein provided are necessary in order that sufficient revenue racy be collected from the operation of said elewer systemm to retire interest and principal of bonds to be issued, to provide funds for the construction of said sewer system. It is, therefore, declared that an emergency exists, that this ordinance is necessary for the mediate preservatio of the public peace, h®alth and safety, and that this ordinance shal~tatce effect snd be in full face Fran and after its pasi~ge. r, _, __ Mayor ~' ST• ty Recorder ~.