7-12-4593
MIIQU'I~5 OF AN ADJOURI~D Pu~TIN3 OF TSE WEST b'~PB?S COUNCIL
WEST Mf~HI.S~, ARifANuAS
July 12, 1945.
On July 12, 1945, the City Council of West Memphis, Arkansas, met is 8n
adjourned session in the City Hall Building at 8 P.M. with the following members
present:
P. M. Dacus, Mayor J. B. Loyd Curtis Foster 0. I. Bollinger,
J. H. Spears, Attorney C. H. Brown G. W. McAuley Aldermen
All members being present except J. F. Jenkins, and it being determined a
quormn was present the following proceedings were had,to-wit:
Minutes of sn adjourned meeting of July 6th, 1945, were read and approved.
The Mayor directed attention to the Pact that this was an adjourned meeting
of the City Council called for the purpose of having introduced an ordinance which
would provide for the regulation and operation of the City's sewer system, to revise
and adjust rates and establish a new basis Por sewer charges for the use of the
sewer system, to provide for the collection of the charges and to have said ordinance
introduced and to set a date far a hearing an the ordinance to be passed so that
anY interested person might object or offer suggestions as to the proposed rates
and schedules to be adopted so that sufficient money might be collected Pram the
operation of the new sewer system to pay the interest and principal on said bonds
to be issued as provided in Ordinance No. 107, which was passed on July 6, 1945.
It was further pointed out that it would be necessary to publish a notice of
the hearing and, also, to publish the proposed ordinance; that a proposed ordinance
had been drafted by Harold Ross and City Attorney Herman Spears; that the ordinance
was read and explained by City Attorney Heiman Spears, and after a discussion of th
matter, thereupon the following Notice and ordinance was introduced is writing and
read in full by Alderman Curtis Foster
NOTICB ,, ,~;"`
e
Notice is hereby given that a public hearing will be held at the City Hall in
the City of West Memphis, Arkansas, at $ o'clock P.M., on Tuesday, July 24th, 1945,
for the purpose of hearing objections, if any, to the revision, adjustment and estab-
lishment of rates and basis of Sewer Charges in said City to be imposed on ell users
.(classified as owners and tenants) now or hereafter served by the Sewer System of
said City now in operation, as well as additions, improvements and eaten~iona thereto
proposed to be constructed and which may hereafter be constructed, maintained and
operated by said City, in order to provide funds for the operat ion and maintenance of
said Sewerage System and for the retirement of outstanding lndebtedne ss thereon, to-
gether with such additional indebtedness as may hereafter be incurred for additions,
extensions and improvements to said Sewer System.
. S/ H. E. Manning, Recorder. S/ P. M. Dacus, Mayor
444JJJ pr7 ORDINANCE PROVIDING FOR THE RI~ULATION APID
OPERATION OP' THE SEWERAGE SYSTI~d OF THE CITY OF
WEStP IV~MPHIS, ARKAAISAS, PROVIDIN:~ EC3R ~ REVLSION,
ADJUSTN~7T AND ESTABLISHI~2ENT OF RATffi AND BASIS
OF SEWER CHARGES FOR TtTE U5S AND SERVICE OF SAID
SEWERAGE SYSTEM AND PROVIDIDT F~2 TAE COLLECTION
OF SAID RATES AND CHARGES AND PROVIDING F'URTfIER
FOR NOTICE OF PUBLIC HEARING ON THB SAID REVISION,
ADNSTh4ENT AND ESTABLISI~~IVT OF SAID RATES AND
CBA.RGFS
Whereas, under the provisions of the Revenue Bond Refinancing Ant of 1937 /
ll
'`~ .
9/~ 9
4
(Act 297 of the General Assembly of Arkansas 1937) ea amended, the City of West
Memphis, Arkansas is authorized to and did at its Meeting on July 6, 1945
authorize the issuance of X319,000. par value, Sewerage Revenue, Refunding end
Improvement Bonds of said City, to be payable sole]y from the net revenues to
be derived from the operation Gd' the Sewerage System ad' said City, together with
additions, improvements end extensions thereto, and
Whereas, the Reilinding and Improvement Sewer Revenue Bonds, herein-
above described, are to be presently outstanding in the total principal amount of
X273,000. in order to provide for the refinancing oP ,41,000. outstanding Sewer
Revenue Bonds, and to provide funds for the construction of additions
improve- j';
,
ments and extensions to the existing Sewer System of said City, and
-~fhereas, it is necessary to charge the inhabitants of said City for the
use and service of said Sewerage System e~ to revise, adjust and establish rates
and basis of Sewer charges; to provide funds to pay the cost of operation and
maintenance of said System, principal and interest of outstanding bonds pesrable
from the net revenues of said system, and also to provide a 10~ margin for
contingencies, and
Whereas, it is necessary to fie the manner and method of calculation
of said rates and charges, the date when they shall became due and payable cad
when they shall become delinquent, and to provide for collection of such charges
and rates together with penalties thereon,
NUN THEREFORE BE IT ORDAINED BY TfRP MAYOR AND BOARD OF
ALDERN~1 OF WFST MEMPHIS, ARKAI~AS:
Section 1.
There shall be and there are hereby established rates and basis oP
charges for the use and service of the Sewerage System of the City of West
Memphis, Arkansas, ea follows:
The users of said Sewerage System shall be classified as owners and
tenants of premises located within the jurladictional limits of the City of
West Memphis, Crittenden County, Arkansas.
API'I.ICATION
The Schedules eat out below of rates and basis of sewerage charges
shall apply to all sewer services rendered by the City of Weat Memphis, Arkar!eea.
Schedule No. 1 shall apply to all residential and commercial c~stomera, whose
monthly water consumption is so used that a major portion of it reaches the
sanitary sewer as determined by the City Council.
Schedule No. 2 shall apply to all residential and commercial custa~mera,
whose monthly water consumption is so used that a major portion of it does not
reach the sanitary sewer ea determined by the City Council.
Schedule No. 3 shall apply to all residential and commercial customers,
whose monthly water supply is obtained from the maintenance, operation, and use oP
a private water system. -
>~ ~ ,> ...
.. .
f Y ~ ,JY r . S i -. ~ --._, ...
t.~y. 1
w
:,
-
~'.
9"
.. n". i.. .5
~~:
95
SCHEDIILE N0. 1
• All monthly sewer charges shall be based upon water consumption. The
monthly sewer charge far users under this schedule shall be sixty-seven per cent
~ of the average monthly water bill for the months of October, November, December,
i
~! January, February, and March, including minimums sad discounts con tad
~ Pu
separately far each customer for such period. The amount determined by this
method of calculation shall be the uniform monthly charge for such customer for
the Wert succeeding twelve-months period.
The minimum monthly sewer charge under this schedule shall be X1.00.
SCED;DULE N0. 2
A7.1 monthly sewer charges shall be based upon water consumption. The
monthly sewer charge for users under this schedule shall be sixty-seven per cent
of the average monthly water bill for the months of October, November, December,
January, February, and March, including minimtffis and discounts, computed
separately for each customer for such period. The anouat determined by this
1,9 ` method of calculation shall be the uniform mont
~"~~~ hly charge for such cuata¢ner for
the neat succeeding twelve-months period, provided however, that the amcunt
determined to be the monthly charge under this schedule shall be reduced is
percentage by the difference between 100'fo cr water eonstmmed and the percentage
_ of same adiic h passes into the sanitary sewer system of the Gity. The miniimim
=; ~;;
monthly sewer charge under this schedule ah~.Z7.be $6.00.
ca
9CEIEDT]lE N0. 3
The monthly sewer charge under this schedule shall be 50~ for each
plumbing fixture in use by each and every residential or coffin rcial customer
to whom this schedule applies.
The minimum monthly sewer charge under this Schedule shall be X6.00.
I
9ecticn 2.
i~
Whenever, for say cause, a water meter fails to operate, a reasonable
estimate shall be made by the Water Department of said City a~f West Memphis oP
the mmount of the water supplied during the period said meter hex failed to
operate, and the said user shall pay a sum based in whole or in part upon such
yb
estimate of the amount oP water .supplied ea the case may be in ardor to provide
a basis oP calculation Paa~ sewer charges as provided by this ordinance.
Section 3.
If, at ate time, the rates or charges herein fixed shall not be
~:
sufficient to pay the reasonable coat oP maintaining and operating the Sewerage
System and to pay the principal oP and interest upon all 8efunding and Improve-
ment Sewer Revenue Bonds, payable out of the revenue of the Sewerage System, issued
by the City of West Memphis, Crittenden County, Arkansas which may then be
outstanding, the the Mayor and Board oP Aldermen oP said City shall forthwith
increase the rates Pined by this Ordinance so that the same shall be sufficient
to provide adequate revenues Por said purposes, together with a 1C~i margin Por
contingencies.
Section 4.
1411 bills for sewerage services shall be rendered cm the first day
of each month Por the proceeding atonth, and they shall be due and payable
immediately. Failure to pay the same within ten days, after the rendition there- ~,'
of shall cause a 1~, penalty to ba added thereto, and collectia~n as part of the
bill.
In the event the charges Por sewerage services are not paid within
ninety days after the due date of the bill for such services, they shall be
deemed and are hereby deglaxed to be delinquent, and thereafter such delinquent
charges shall coastitnte a lien upon the real estate upon and Por which sewerage
services have been supplied. R4ie City oP West Memphis, the Sewer Committee, or
the proper City Officials of the City oP West Memphis are hereby directed and
authorized to take appropriate action to impress the lien for delinquent sewer
charges upon the real estate upon and Por which sewerage service has been
supplied.
Section 5. ~ !~;jf
It shall be the duty of the Sewer Committee to render bills for sewer ~,j,
service and all other charges connected therewith and all other moneys due
thereon.
97
L:.i
Section 6.
All of the revenues derived from the operation of the Sewerage
System shall be held by the City separate and apart from all other funds of the
City, and deposited in the Sewer Revenue Account as set out in that certain
Ordinance of July 6, 1945, whereby the aforesaid Refunding and Improvement
Sewer Revenue Bonds were authorized.
Section 7.
That a public hearing on the rates and charges, herein provided,
shall be held at the City Hall in the City of West Memphis at 8 o*clock P. M.
on Tuesd~, July 24, 1945, in order that objections, if anq, to the Schedule of
rates and charges herein fixed may be made.
That notice of said public hearing shall be given by publication of
this Ordinance in full in Crittenden County Times, a newspaper published in and
having a general circulation in the City of West Memphis, Arkansas an Friday,
Ju]y 13, 1945, to provide thereby ten days' published notice of said hearing sa
required by Law. It was ordered."said ordinance lie over until July 24, 1945.
The Mayor directed attention tb the Yact that the beais upa~n which
the above and foregoing rates and charges have been calculated are based on
an official estimate by the engineer employed by the City and/or the Sewer
Committee, and.the letter is as follows:
Telephone 4-6806
Union Life Building
MARION L. CRLST & ASSOCIATES
Engineers
Little Rock, Arkansas
June 20, 1945
City of We at Memphis
West Memphis, Arkansas
Ge ~ lemon
Under the schedule of sewer charges, which
you are adopting in West Memphis, the minimum gross sewer
revenue on your new system will be X20,000.00 annually. This
income is estimated frrom the Pact that the monthly sewer
charge will be 2/3 oP the average monthly winter water bill,
and the minimum gross water revenue for the six winter months
will be x$15,750.00 each year
Inammuch ea the sewer system will continue to
be operated ~oint]y with the other municipal utilities it is
conservatively estimated that the annual operatien and mainte-
nance cost oP the new system will be X3,000.00. This Pigura
is somewhat in excess oi' the past annual cost oP sewer operation
and maintenance, even though in the past you have had ezception-
elly high maintenance because oP difficulty with your pumping
stations. The new system will involve considerably more miles
oP sewer, but, past difficulties will be largely eliminated,
sad the estimated annual operation and maintenance cost should
not exceed your past cost.
Thus the minimum net revenue available nor
financing charges Prom the new system is estimated to be
X17,000.00 annually.
Yours very truly,
MARION L. CRIST & ASSOCIATES
S/ Marion L. Crist
Engineer.
MLC:mac
~~~,+ c/c MT. Gus Walton
~ 509 Louisiana
~~;,;: Little Sock, Ark.
Motion waa made by C. x. Brown and seconded by J. B. Loyd to adfourn
the meeting until B.P. M. Tuesday;, duly 24, 1945. Upon the matter being called
to vote, the following voted:
AYE: J. B. Loyd C. H. Brown
Curds Fo star
0. I. Ballinger
OPPOSED: None.
G. W. McAuley
p ~~`~
Mayor
Attest:
Recorder
~ ~yx
L~
a.~~
y ~;zn;
_h;