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HomeMy WebLinkAbout2002-12-659436313 6/04/02 ORDINANCE NO. 2002-12-6594 AN ORDINANCE AMENDING ORDINANCE NO. 98-8-5927 ENTITLED,"AN 411 ORDINANCE OF THE PADUCAH CITY COMMISSION ESTABLISHING A JOINT SEWER AGENCY" 1 WHEREAS, by Resolution dated May 23, 2002, the Paducah McCracken County Joint Sewer �--' Agency ("JSA") formally approved a resolution requesting that the legislative body of the City of Paducah and the legislative body of McCracken County amend their respective ordinances establishing the Joint Sewer Agency. WHEREAS, the legislative bodies of the City of Paducah and McCracken County agree that the proposed changes are in the public interest. NOW, THEREFORE, be it ordained by the City of Paducah and the McCracken County Fiscal Court, jointly, as follows: Section 1. Section 5(b) shall be amended and reordained to read as follows: (b) The Board shall have the power to employ, fix the compensation of, and discharge at will an Executive Director and/or Chief Engineer, and a Secretary -Treasurer. T'' u ' +' r-eug the Executive Dir-ee+"Y b l e.,e-p,y, f �c coxxxocxxvact i�J Y t n , J o of the n Ra Excepting the xxa� tiroirm- aiaua si�c� foregoing the Executive Director shall have the power to direct employ, fix the compensation of and discharge at will anv emolovees_of the agency subiect to theeg neral policies of the board and its right to review such actions. The Board shall have the power to establish rules and regulations for all employees of the Agency. Section 2. Section 5(e) shall be deleted Section 3. Section 5(f) shall be amended to be known as section 5(e). Section 4. Section 5(g) shall be amended to be known as section 5(f). Section 5. Section 7 shall be amended to include the following subsection (p) to read as follows: (p) To promote the public good by offering reasonable and prudent incentives to promote commercial and economic development efforts within the system where permitted by the laws of the Commonwealth of Kentucky. Section 6. Section 9(a) shall be amended and reordained to read as follows: (a) The existing user rates and charges as established by the Existing Agencies shall be adopted by the Agency. All user rates and charges to be collected from all the real property within McCracken County served by facilities of the Agency shall remain in effect until such time as an adjustment thereof has been approved by the Paducah City Commission and McCracken County Fiscal Court. Notwithstanding the foregoing, all tap -on fees previously established by the Existing Agencies on existing sewer lines at the time the Agency is created shall not be changed. Any proposed adjustments of the schedule of rates and charges shall be recommended by the Agency at a joint meeting of the Paducah City Commission and McCracken County Fiscal Court. The Paducah City Commission and McCracken County Fiscal Court shall approve or disapprove all rate changes recommended by the Agency by majority vote of each body. Neither the Paducah City Commission nor the McCracken County Fiscal Court shall have the authority to initiate rate changes. If for any reason the Paducah City Commission and McCracken County Fiscal Court cannot agree to amendments to a rate schedule, the current schedule shall remain in effect until such time as an agreement can be reached. The schedule of rates and charges may be based upon either: (i) the consumption of water on premises connected with the facilities, taking into consideration commercial and industrial use of water; or (ii) the number and kind of plumbing fixtures connected with the facilities; or (iii) the number of persons served by the facilities; or (iv) may be determined by the Agency on any other basis or classification which the Agency determines to be fair and reasonable, whether similar or dissimilar to those enumerated; except - - i, i— _._i 1 412 that the schedule shall be equitable for all residential property. Provided, however, pursuant to HB 739, enacted by the 2002 Kentucky General assembly, if the Paducah City Commission McCracken County Fiscal Court and the Agency find that local needs warrant uniformityunifonDity of rates for all residential property shall not be required for a period of no more than ten (10) years from the date the Agency was established on July 1 1999; or (v) any combination thereof. This schedule may include additional charges for treatment of sewage, with a surcharge where the sewage contains industrial waste or other waste in excess of limitations established by the regulations of the Agency. Section 7. Section 10 shall be amended to include the following subsection (e) to read as follows: (e) Any property owner whose property is proposed to be the subject of a condemnation action by the Agency shall be provided by U.S. mail at his/her last known address at least five (5) days prior to the meeting_a copy of the official agenda of the Agency meeting wherein the initial Resolution for Condemnation is to be acted upon. In addition to the agenda, the property owner shall be informed by an accompan-)dng letter from the Agency of his/her rights of Appeal under Section 16 herein in the event the aforesaid Resolution is adopted Each property owner so adversely affected shall be invited to attend the meeting wherein the Agency will act upon the Resolution for Condemnation. Section 8. Section 13(b) shall be amended and reordained to read as follows: (b) The costs of the sanitary sewers and appurtenances, excepting, at the option of the Agency, core and trunk facilities, shall be assessed against the land in the benefitted area. The square foot method, the front foot method, the equivalent residential unit method, the ten (10) year net revenue method or any other equitable basis may be used for determining the assessment. No property which has been assessed for collector lines shall be reassessed for the installation or reinstallation of collector lines. The Agency my, at its option, pay for core and trunk facilities through the Agency's revenues loans grants assessments or any combination thereof. Section 9. Section 13(e) shall be amended and reordained to read as follows: (e) When the Board determines that construction of sanitary sewers and appurtenances or property service connections at the east e fthe r_ereily evme shall be necessary, the Agency shall cause its engineers to prepare complete drawings and specifications for the work and to keep same available for inspection in its offices. Section 10. This ordinance shall be read on two separate summary publication pursuant to KRS Chapter 424. ATTEST: Rl i�Tanunara S. Brock, City Clerk Introduced by the Board of Commissioners November 19, 2002 Adopted by the Board of Commissioners December 2, 2002 Recorded by Tammara S. Brock, City Clerk December 2, 2002 Published by The Paducah Sun December 9, 2002 Sewer ord - amend oa:�/