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June 22, 1972~~ MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF WBST MEMPHIS, ARKANSAS, HELD ON THE 22ND DAY OF JUNE, 1972. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in an adjourned session in the City Hall in said City at 5.00 o'clock p.m. on the 22nd day of June, 1972. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor in the chair, and the following named Aldermen: Pritchard Horton, C. D. Hutcherson, M. P. Scott, R. L. Smith, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimgley, W. L. Harris, and J. E. Hightower; and City Attorney Wallin. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Mayor Rodgers announced the Utility Commission had passed a Resolution, and City Attorney Wallin read the following Resolutions WF~REAS, the West Memphis Utility Coaaaission employed Van, Scoyoc & Wiskup, Inc., Public Utility Consultants, who carried out a study of the existing utility rates in the City of West Memphis and the financial structure of the West Memphis Utility Commission, and recommended certain changes in the rate structure of said utility system; and, WHEREAS, the City of West Memphis is required by the government to install a secondary sewage treatment facility and the necessary yearly band payment required to pay for said facility should approximate $45,000.00 per year, which funds are presently unavailable due to lack of revenue; and, WHEREAS, the estimated fuel coat increase from Arkansas Power and Light for the coming-year should approximate $100,000.00, which funds are presently unavailable; and, WHEREAS, under the City's program of utility improvements, four additional pumping stations are necessitated which the estimated yearly cost shall approximate $50,000.00 for repayment of bonds; and, WHEREAS , federal funds for Urban Renewal in the sum of $1, 551, 000.00 and for utility improvements in the sum of $169,000.00 are being witheld until said secondary treatment facility is under construction; and, WHEREAS, there has been an estimated loss for maintenance and operation in the sum of approximately $132 , 000.00 due to lack of necessary funds for the City's utility system; and, WHEREAS, the West Memphis Utility Commission deems that each department in the system should be self -sustaining rather than operating at a loss and thereby being subsidized by other departments of the utility system as is presently the case; and, WHEREAS, the rate increase proposed by Van, Soyoc & Wiskup, Inc., for water and sewage facilities should amount to approximately $1.93 on the average utility bill in the City of West Memphis; NOW, THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS UTILITY COMMISSION, that the West Memphis Utility Commission approves and recommends for approval to the City Council of the City of West Memphis, to become effective July 1, 1972, the water and sewer rates attached to the Resolution and made a part hereof the same as though said rate schedule were set out herein word for word. PASSED AND APPROVED this 22nd day of June, 1972. ATTEST: /S / R . K . BOLL INGER SECRETARY /S/ JIIrIl~iIE 0. SPOTTS, CHAIFi'MAN .~~ Mayor Rodgers requested the Council to express view on the proposed increase in water and sewer rates, and statement was made by each Alderman. Rates in effect einc~ 1972, necessity of a Secondary Treatment Plant, denial of Federal Funds for Urban Renewal and other Projects, Arkansas Power & Light costs for electricity increasing, Government restrictions on construction, problem of people on fixed income, campaign promises, alternative financing, economy of the City, rates in comparison to other citys, and an Alderman's responsability were discussed at length. Utility Commissioners Bollinger and Chitman, Mr. J. C. Rainer, III, and Mrs. Jackson commented on the matter. Alderman Bentley introduced an ordinance entitled "An Ordinance To Establish Water And Sewer Rates For The City Of West Memphis; Repealing Ordinances Or Parts Thereof In Conflict Herewith, Declaring An Emergency And For Other Purposes" and City Attorney Wallin read the ordinance in full. Five Minute Recess was called Mayor Rodgers called the meeting to order, and Alderman Dickerson, seconded by Alderman Harris, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower. No: None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Hutcherson, seconded by Alderman Scott then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the f ollawing voted: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris , and Hightower . No: None . The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule auspended. The ordinance was then read third time by the City Attorney. Alderman Smith, seconded by Alderman Hightower, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen; Hutcherson, Scott, Smith, Bentley, Dabbs, and Dickerson. No: Aldermen:. Horton, Grimsley, Harris, and Hightower. Alderman Horton, seconded by Alderman Grimsley, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, and Hightower. No : None . The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No . 730, and rea~1 as follows r :~-_ ORDINANCE NO, AN ORDINANCE TO ESTABLISH WATER AND SEWER 1 ~~ RATES FOR. T'HE CITY QF WEST MEMPHIS; REPEAL- ING ORDINANCES OR PARTS THEREOF IN CONFLIC'T' HEREWITH, DECLARING AN EMERGENCY AND FOR ' OTHER PURPOSES. WHEREAS, The West Memphis Utility Commission had recommended and approved a revision of utility.. rates for water and sewage charges in the City of West Memphis based upon the study and recommendation of Van Scoyoc and Wiskup, in order to meet necessary revenue requirements for the City of West Memphis and its utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF _ THE CITY OF WEST MEMPHIS THAT THE FOLLOWING RATES FOR WATER AND SEWAGE IN THE CITY OF WEST MEMPHIS ARE HEREBY ADOPTED AND ~~ APPROVED AND SHALL BECOME EFFECTIVE. ON JULY l., 19?2: Section L .RATE FOR WATERSERVICE Rate: The net monthly rate (after 10% discount) for water service shall be as follows: Per Month First 1, 500 ga~.lons or less Minimum. Meter charge Next. 3, 500 gallons. at $. 35 per thousand gallons . (~ ~- f .~ !~,~ tl(?fl F~~ 11~»p ~ f '~. 30 ~~c~ r f hc~t~~t~.nc~ ~~,~ 1 l "n:: ,11.1.1 ()v~.~~ _ ~~U, ()UO ~;'~tllc~t~z~ at $. 20 ~~t,l, tliot.~ysi~~l ~.;'2t 1.1~11~;i _~., :,,~ Minimum The net minimum meter monthly charge (after 10°~o discount Meter shall be determined by the size of the customer's meter Charge: installation as follows: Per month .:r Size of Minimum Meter ~ Meter ~_____- Charge 5 f 8 R~. a f 4 inch-Re9idential $1. 35 - Com. & end. 1. 75 1 inch 3, 00 1 1~ 2 inch 6.00 2 inch 8.00 3 inch 13.00 4 inch 18. 00 6 inch 28.00 F .:~ Balling Meters will be read and bills rendered monthly. The and net bill shall be paid not more than 15 days f rorn date Payment: of bill; .otherwise the 10% discount is forfeited and the gross bill is payable. If any bill is not paid by the next meter reading date, the City may discontinue service to such customer. In the event of such dis- continuance of service, the customer shall be required to pay a reconnection charge of $5 in addition to all accrued charges for water .service before any reconnec- tion is made and service resumed, RATE FOR AUTOMATIC SPRINKLER. SYSTEMS FOR FIRE PROTECTION Rate: $55.00 net {after 10% discount) per year per.. connection plus $. 05 net (after 10% discount) per year for each sprinkler head connected on the system plus $24. 00 net (after IO% discount) per year for each customer-owned and maintained fire hydrant connected on the system. Billing The above rate is net. Billings will be madee monthly anci at onc-twelfth of the annual rate. The net b}11 shall Payment: be paid not more than 15 days from date of bill; other- wise the 10% discount is forfeited and the gross bill is payable.. If any bill is not paid within 30 days from date of bill, the City may discontinue service to such customer. In the event of such discontinuance of ser- vice, the customer shall be required. to pay a reconnec- tion charge of $5 in addition to~ all accrued charges for .water service before any reconnection i.s made and ser- a ~; vice resumed. RAIL FOR MUNICIPAL FIRE HYDRANTS Rate: $3.25 net per hydrant per month The rate includes the furnishing and installation of the hydrant and the furnishing of all water used through it for fire fighting purposes, also the maintenance of the hydrant. The initial installation shall nqt require more than 300 feet of pipe extension for each hydrant, or an investment of more than 6. 66 times the annual gross income to he derived therefrom. f- i I l i-~~r 13 i~ 1;: w i 1 I I,r• rr•ttrlr•rr•rl rnnt~t:hl,y. 'l'Ftc• abnvr~ t};t1 c~ i;~ t~r~1. ~~,,~i a,ici f~.iy~~l~le in cash riot later than the tenth o1' the Payment: month during which service was rendered. Availability: Water service on a temporary basis for construction purposes will be served upon application from. fire hydrants or other locations only if such service will not require construction of lines, etc, by the City and will not impair water service or fire protection. RATE FOR TEMPORARY CONSTRUCTION WATER SERVICE Rata:'Y $. 60 net per 1, 000 gallons for all water taken plus $15.00 connection and disconnection charge. Billing and The $15.00 connection and disconnection charge shall be Payment: paid in advance with the application. Meters will be read monthly and~or when disconnection is made ~,nd billings for ~, '1 ~'~_' water used shall be paid in 15 days. At the option of the City, a deposit to secure payment for water may be required. Equipment A $25.00 deposit will be required to protect the City Damage: as to loss or damage to City meters and connections, etc. Such deposit will be returned without interest upon disconnection if all City equipment is recovered undamaged. RATE FOR SAhTITARY SEWER SERVICE Rate: The net month~.y rate (after 10% discount) for sanitary sewer service shall be as -follows: Per Month 132% of the net monthly bill (after 10% discopnt) for metered water service for the same month. ~;xempt Water: In the event that the customer uses a substantial amount of water for purposes which do not dispose of the water into the sanitary sewer system, the customer may apply to the City to install a meter at customerts own expense to meter such water. If the City agrees that such water does not enter the sanitary sewer system, then the sewer charge shall be imposed on a watet• bill computed op total: water consumption less the water passing through the meter for the water that does not inter the sanitary sewer system.. Billing and Payment: Bills will be rendered monthly with the water service bill. The net bill shall be paid not more than 15 days from the date of hill; otherwise the 10% ciisc~ount is I'„~•t'rif~~~I ;i>>cl ilia ~r~~F~~ 1~~11 irk j~ca,~*;~l~lc~, S ection 2. Ordinances or parts of Ordinances in .conflict herewith are hereby repealed. Section 3. It being found and determined after due consideration by the West Memphis City Council that additional funds are necessary for the carry- ing out of certain Federal Programs and the operation of the West Memphis Utility .`~ystc~r7~ in thc~ ~intcrc~:~t, of i.hc~ hc~~lth, saff~t,y anc~ welfar•c of 1:he ci1:i:~c~ns oi' Wc~tii Memphis, an emergency is hereby declared to exist and this Ordinance shall be t, in full force and effect from and after its passage and approval. No further business being presented, the meeting was adjourned. ~-, ATTES ~ ~ ~" ~~ CITY APPROVED: JULY 6, 1972 .,. MAYOR