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HomeMy WebLinkAbout2009-11-7630ORDINANCE NO. 2009-11-7630 AN ORDINANCE AMENDING ORDINANCE NO. 2003-3-6631. WHEREAS, pursuant to Section 114.289 of the Paducah Code of Ordinances, the Commissioners of Waterworks ("Water Commission") has full authority and control over the operation of the Paducah Water Works ("PWW"), and the water treatment facility and distribution system related thereto ("Facilities"), subject to the City Commission's right to establish the rates, charges and fees for water services provided through the Facilities; and WHEREAS, by reason such authority, the Water Commission is charged with the responsibility of maintaining the Facilities in a sound and operable condition that is compliant with all federal and state water quality laws, and with the responsibility of making any repairs, replacements, or improvements that are necessary to preserve and protect the reliability and legal compliance of those Facilities; and WHEREAS, ancillary thereto, the Water Commission is also charged with the responsibility of ensuring that the Facilities have the capacity to satisfy the water demands of its customers, and with the responsibility of constructing additional facilities that are required to comply with the water requirements of each customer; and WHEREAS, to carry out these responsibilities, the Water Commission has evaluated the physical condition and capability of the Water Facilities, and based on that evaluation, has adopted a long range plan that envisions the construction of numerous replacement and expansion projects over the next 25 years at an estimated total cost of fifty seven million dollars ($57,000,000.00); and WHEREAS, to initiate the implementation of this long range plan, the Water Commission has adopted an initial capital improvement plan that calls for the construction of 32 projects over the next 10 years at an annual cost of approximately two million eight hundred and ninety thousand dollars ($2,890,000.00); and WHEREAS, to determine the funding requirements of this plan, the Water Commission has conducted an analysis of its present and future resources, including an analysis of its cash flow requirements based on the projected revenues and expenses of its future operations, and from that analysis, has ascertained a funding deficit of approximately one million six hundred ten thousand dollars ($1,610,000.00) per year•, and WHEREAS, to cover this annual deficit, the Water Commission has recommended that the City Commission approve and adopt a graduated "Capital Replacement and Expansion Fee" to be charged to PWW customers that is based on a proportionate use standard measured by meter size, the specifics of which are contained in the schedule that is provided under this ordinance; and WHEREAS, the City Commission acknowledges the necessity of constructing the projects that are defined under the Water Commission's capital plan, and accepts .the Water Commission's recommendation that the plan be funded through a graduated "Capital Replacement and Expansion Fee". NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Approval of Capital Replacement and Expansion Fee. The City Commission hereby approves the implementation and collection of a graduated "Capital Replacement and Expansion Fee" to be charged to all PWW customers based upon meter size in accordance with the parameters that have been recommended by the Water Commission. SECTION 2. Amendment to Minimum Monthly Charges. Section 3, Minimum Monthly Charges, shall be amended to include a new subsection which is to read as follows: (e) Capital Replacement and Expansion Fee. In addition to the minimum monthly rates provided under this Section, every residential and commercial customer under this Section shall also paygraduated monthly Capital Replacement and Expansion Fee that is based on the size of the customer's water meter. A schedule of these ,graduated monthly fees is as follows: Meter Effective Effective Effective Size 1/1/2010 7/1/2011 7/1/2012 5/8" $ 2.00 $ 3.00 $ 4.00 1 10.00 15.00 20.00 1.5 26.00 39.00 52.00 2" 54.00 81.00 108.00 3" 106.00 159.00 212.00 4" 200.00 300.00 400.00 6" 400.00 600.00 800.00 8 540.00 810.00 1080.00 The uaduated monthlv fees defined under this schedule shall become effective on the desienated effective date, and shall be added to the water charges that are contained in water bills rendered on or after that effective date. These fees shall be in addition to regular charges for water services, and the minimum monthly charges relating thereto. These fees shall remain in effect for subsequent years until amended or rescinded by subsequent ordinance. The Water Commission shall have the authority to revise these fees in the same manner as rates and charges under Section 7 of this ordinance, including the authority to adjust the fees for increases in the Consumer Price Index as provided under that Section. SECTION 3. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, November 10, 2009 Adopted by the Board of Commissioners, November 24, 2009 Recorded by Tammara S. Brock, City Clerk, November 24, 2009 Published by The Paducah Sun, November 30, 2009 ord\pww-Capital Replacement Expansion Fee 11-09 117893