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HomeMy WebLinkAboutOrdinances Book 15, Page 374, No Ordinance Number374/ AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, TAKING NOTICE OF CONCURRENT PROCEEDINGS OF THE BOARD OF COMMISSIONERS AUTHORIZING CONSTRUCTION AND INSTALLATION OF SUBSTANTIAL SANITARY SEWER IMPROVEMENT AND THE FINANCING THEREOF THROUGH THE ISSUANCE OF REVENUE BONDS; ESTABLISHING INCREASED RATES AND CHARGES FOR SANITARY SEVIER SERVICE IN CONNECTION THEREWITH AND PROVISIONS FOR ENFORCING COLLECTION THEREOF, INCLUDING PENALTIES FOR DELINQUENCY IN PAYMENT THEREOF; DETERMINING WHEN THE SAME SHALL BECOME EFFECTIVE; AND MAKING PROVISION FOR DISPOSITION OF THE INCOME AND REVENUES RECEIVED THEREFROM WHEREAS, by reason of the natural growth and development of the City of Paducah,'the minicipally-owned sewer system of saidCity has become wholly inadequate to provide for drainage and treatment of flowable sewage wastes in many areas, and it is also necessary to construct and install additional facilities in order to provide sanitary sewer services in areas not previously served, all in the urgent and imperative interests of the public health, safety and general welfare of all of the citizens and inhabitants of said City; and WHEREAS, upon consideration over a -period of many months of the studies, reports -and recommendations of Consulting Engineers employed by the City in that connection, the Board of Commissioners by concurrent proceedings has determined that a substantial public project for the relief of overloaded and constantly overflowing combined sanitary and storm water sewers, and for the extension of sewer installations and facilities, must be undertaken without delay at an estimated initial cost of $3,000,000; and upon due consideration of the recommendations of Fiscal Agents employed by the City to advise and assist in the financing thereof, it is provided in such concurrent proceedings that such financing shall be by means of the authorization and offering at public sale of the City's "Sewer System Revenue Bonds of 1964," which will not constitute an indebtedness of the City but will be payable as to principal and interest solely from sanitary sewer service rates and charges imposed upon and exacted from the users of such service; and WHEREAS, the presently prevailing rates and charges for sanitary sewer service are inadequate, and it is necessary to impose, and provide for enforcement of collection, of increased rates and charges for use of the services and facilities of the municipal sewers in such manner as to provide revenues calculated to be sufficient for payment of the principal of and interest on such Revenue Bonds, for payment of the costs of operating and maintaining the municipal sewers, for the provision and accumulation of sound 375 reserves in connection therewith, and otherwise for application to the costs of said public project as hereinafter provided, NOW THEREFORE, THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, DOES ORDAIN, AS FOLLOWS: Section 1. Definitions. As used in this Ordinance the following words and terms have the following respective meanings unless in any instance the context indicates or requires otherwise: "City" means the City of Paducah, Kentucky; "sewers" or"sanitary sewers" mean those properties, works and facilities by and through which said City provides service in draining and treating flowable polluted sewage wastes, including combined sanitary and storn water sewers as well as sewers designed for sanitation purposes only; and includes not only such facilities as presently exist but also all future extensions, additions, enlargements, and improvements thereof and thereto; "premises" means and includes all places and properties where people live or congregate, or where flowable sewage wastes and otherwise generated, which should be drained away and disposed of in the interests of the public health, safety and general welfare, and specifically includes, but not by way of limiting the generality of the foregoing, all homes, houses, apartments, hotels, motels, trailer camps, establish- ments for manufacturing, business, commercial, or industrial purposes, and other structures of any and every nature whatsoever; "ordinary sewage" or "ordinary sewage wastes" mean those flowable wastes which are comparable to wastes which ordinarily originate in residential units and contain only human excrement and wastes from kitchens, laundry, bathing, and other household facilities; and also include solid food wastes from the preparation, cooking and disposing of food, and from the handling, storage and sale of produce, but only if such solid wastes have been ground or shredded to such degree that all particles may be carried freely under the flow conditions normally prevailing in the City sewers, with no particle greater than on -half inch (1/211) in any dimension, and only if such'solid food wastes are introduced into the sewers accompanied by water sufficient to cause the same to flow freely and without congesting the sewers; 376 "commercial and industrial wastes" mean wastes carried away from commercial and industrial establishments, as distinguished from ordinary sewage; and has particular referende, without limiting the generality of the foregoing, to wastes containing chemical or other substances which present unusual problems and hazards necessitating supervision or special treatment before introduction into the sewers. The sewers or sanitary sewers are "available," as that term is used in this Ordinance, to any premises which abut upon any street, road, alley, public way, or easement where there is installed a sewer pipe, main, lateral, or other sewer structure or installation capable of receiving flowable wastes, and premises situated within 200 feet of such.a municipal sewer installation, whether abutting or not. Section 2. General. No free use of the services and facilities of the sewers shall be granted or permitted to any user thereof. Section 3. Sewer Usage To Be Measures by Water Usage According to Bill for Water Service. It is hereby determined that the fairest and most accurate and feasible method of ascertaining and measuring use of the facilities and services of the City sewers, and of exacting compensation for such use, is by basing sanitary sewer service rates and charges upon the quanitty of water supplied to the premises of the respective sewer users, as shown by the periodic meter readings of the parties supplying water service; that such result may be achieved by establishing a minimum monthly sewer service charge, and otherwise fixing the amount of the monthly sewer service charge at a stated percentage of the monthly water bill rendered to the same premises; and that adoption of such method will effect substantial economies and savings in preparing bills. Municipal rates and charges for such use and service are herein established on such basis, subject to the exceptions particularly referred to and provided for herein. Section 4. Billing Period. The rates and charges herein- after established are for a monthly period corresponding as to the respective premises with the water meter reading period of the party supplying water service to the same premises; and if it shall at any time be made to appear that water meter readings of the supplier of water to any premises are otherwise than upon a monthly basis, the City reserves the right to prescribe special rates and charges conform- ing to the factual situation and calculated, as nearly as may be, to produce income and revenues for sewer usage comparable to the rates and charges herein prescribed on a monthly basis. 377 Section 5. Establishment of New Sanitary Sewer Service Rates and Charges; Method of Adjusting Same in the Event of Changes in Municipal Water Service Rates; Exceptions. Rates and charges for use of the services and facilities of the municipal sewers are hereby established, as follows: RATES AND CHARGES FOR SEVIER USERS INSIDE THE CORPORATE LIMITS OF E C AS UCH LIMITS PRESENTLY EXIST, THE 5AM MAX BE EXTENDED FROM TIME TO TIME IN HE FUTURE There shall be a minimum monthly sewer service charge in the sum of One Dollar ($1.00) which will cover and include use of the services and facilities of the municipal sewers for the first 2,500 gallons, or less, of water supplied to the same premises. - Use of the services of the municipal sewers insexcess of the first 2,500 gallons of water supplied each month to the same premises shall be charged and billed at a sum equal to seventy per cent (70%) of the bill for water service rendered to the same premises; so long as the rates and charges for water service provided by the City's Mater Department shall remain as presently established; reference being hereby made to said presently-pretailing schedule of water service rates for the details thereof. METHOD OF ADJUSTING RATES FOR SANITARY SEWER SERVICE N THE EVENT CHANGES ARE MADE IN THE PRESENTLY- PREVAILING RESENTLY- RE AIL NG RATES AND CHARGES FOR MUNICIPAL WATER SERVICE It is the purpose of the City in establishing the rates and charges for sanitary sewer service, as hereinabove set forth, to estab- lish such rates and charges as are shown by the reports and recommenda- tions of the Consulting Engineers to be sufficient to produce aggregate sewer service revenues sufficient to provide for the payment from time to time of all costs of operating the municipal sewers (including treatment facilities_ and maintaining the same in a good state of repair, to provide for the setting aside of adequate moneys for improvements, extensions and betterments as the same may be required, to provide for the payment of the principal of and interest on such revenue bonds as the City may issue and have outstanding which by their terms are payable from sewer service revenues, and to provide sound and adequate reserves for all of said purposes as recommended by the Consulting Engineers and the Fiscal Agents. In the event rates and charges for water service rendered by the City's Water Department shall be changed in the future, whether by way of increase, decrease, or other adjustment, the City proposes to cause a study to be made by competent and qualified Consulting Engineers regarding the effect of such changes upon the aggregate amount of sewer service revenues 378 according to the manner of computation hereinabove set forth; and if it shall be the report of such Consulting Engineers that continuance of the charges for sanitary sewer services, as herein established, will produce aggregate sewer service revenues which are either insufficient or more than sufficient for the above -stated purposes to any material or substantial degree, it will be the purpose of the Board of Commis- sioners of the City to adjust the rates for sewer service accordingly. It is recognized that the aggregate of the City's sewer service revenues must be at all times sufficient to accomplish the purposes hereinabove enumerated; and if at any time it shall be determined that the sewer service rates herein established are insufficient to accom- plish such purposes, then the City's Board of Commissioners will make such adjustments as may be necessary, whether or not there shall be any concurrent increase or decrease in water service rates. EXCEPTIONS IN APPLICATION OF SANITARY SEWER CHARGES The City recognizes certain exceptional situations wherein adjustments in the manner of applying sanitary sewer service charges should be permitted, and provision is made for the same, as follows: (a) Where more than twenty per cent (20%) of the water used by the owner or occupant of any premises during the year does not floor into the municipal sewer, the percentage in excess of twenty per cent (20%) may be excluded from the calculation of the sanitary sewer service rates and charges herein provided. It shall be the burden of the owner or occupant of any such premises to prove to the City that more than twenty per cent (20%) of the water used on such premises during the year does not flow into the municipal sewer, and such burden shall be deemed to be met only upon a showing by the sanitary sewer user,,to the satisfaction of the City, that the quantity thereof is accurately measured by means of a standard water meter. In the event the sanitary sewer user has no such evidence, a standard water meter for.such purpose may be provided by the sewer user for such purpose, if provided and installed without cost to the City, and to the City's satisfaction. In no case, however, shall the sanitary sewer service rates and charges herein provided be calculated upon less than twenty per cent (20%) of the water used by the owner or occupant of any Premises during the year. (b) Whenever it is determined by the City to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which water is used, or the character of the commercial and industrial wastes which are discharged therefrom, or whenever the established schedule of sanitary sewer service rates and charges for any reason is not applicable, then special sanitary sewer 379 service rates, rentals, or other charges may be established by the City's Board of Commissioners, and any person, firm, or corporation being dissatisfied with the established schedule of sanitary sewer service rates, rentals, or other charges by reason of peculiar or unusual use or occupancy of any premises, and consequently alleging peculiar or unusual uses of water, may file application with the City for -special sanitary sewer service classification rates, rentals, and charges. The Board of Commissioners may take such action thereon as it sees fit. Section 6. Premises _Outside the City Limits The City recognizes no oblitation to provide for the drainage or treatment of sanitary sewage flowing from any.source outside the corporate limits of the City; but in the interests of the public health, safety, and general welfare of the citizens and inhabitants of said City, applica- tions for permission to connect any such premises to the City sewers may be made; and if the Board of Commissioners shall in its sole discretion determine that permitting any such connection is desirable in such interests of the citizens and inhabitants of said City, such application may be approved and such connection may be permitted upon such reasonable terms and conditions as to connection charge, and as to sanitary sewer service rates, as the Board of Commissioners may determine. Section 7. Effective Date of Sanitary Sewer Service Rates and Charges Herein Prescribed. With respect to all existing premises presently connected to the City sewers, the sanitary sewer service rate and charges established in Section 5 hereof shall be applied to and effective upon the bill for water service rendered by the supplier of water next after the date of publication of this Ordinance upon its final adoption; it being recognized that water service billings of the City Water Department are made monthly but not for all premises upon the same day of the month. Section $, When Sanitary Sewer Service Bills Due; When Water Service To Be Discontinued for Delin uencv.in Payment of Sanitary Sewer Service Bill. Bills for sanitary sewer service, according to the rates and charges herein established, shall be due and payable at the office of the City Water Department within ten (10) days after the bill is issued, except that if the tenth day shall be a Sunday, legal holiday, or other occasion when the office of the City Water Department is not open for business, payment shall be made not later than the next business day thereafter. In all cases of premises where water service is supplied by the City Water Department, the charges for sewer service shall be billed together with the charges for water 380 service, and on the same bill form. If any monthly bill for sanitary sewer service shall remain unpaid on the tenth day after issuance of the next ensuing monthly bill for the same premises, notice shall be given to the delinquent sewer user (either orally or in writing) that water service to the premises will be discontinued unless all unpaid bills for sewer ser- vice shall be paid immediately; and if such payment is not made in full within Seven (7) days after such notice is given, then pursuant to authority of Section 96.930 and succeeding Sections of the Kentucky Revised Statutes, the party supplying water service to the premises involved (whether such party be the City Dater Department or any other supplier of water service) shall be ordered and directed to discontinue water service to such premises by reason of such delinquency in payment of the bill for sanitary sewer service, and whether or not any bill for water service to the same premises shall have been paid in whole or in part. Thereafter the water supplier so discontinuing water service to such premises shall not restore water service to such premises until advised by the City Treasurer that all delinquent sewer service bills have been paid in full; and then only in the event the delinquent sewer user shall pay, additionally, such reasonable charge as may be prescribed by the water supplier to cover the estimated cost of sending someone to the premises to restore the water connection; provided, however, that if it shall be made to appear that the delinquent sewer user has moved out of the City, or to other premises in the City where a sewer connection does not exist or is not available, the supplier of water service may restore the water service connection to any new occupant of the same premises, if such new occupant is not also similarly delinquent in the payment of a bill for sanitary sewer service otherwise owed'to the City. Section 9, Disposition of Revenues From Sewer Service Charges. Until such time as the City shall actually sell, issue and deliver all or part of its "Sewer System Revenue Bonds of 19641" authorization of which is the subject of concurrent proceedings of the Board of Commissioners, the City Treasurer shall establish and maintain in a bank or banks which are members of Federal Deposit Insurance Corporation, one or more separate and special accounts or funds of the City, which shall be designated or identified as the City's "Sanitary Sewer Receipts Account"; and the City Treasurer shall cause to be deposited therein, promptly as collected and received, all income and revenues from the collection of the rates and charges for sanitary sewer service as established by this Ordinance. The moneys from time to time collected From such source and deposited in said special 381 account shall be used, applied, and disbursed from time to time by the City Treasurer only for the following purposes: (a) for the costs of billing, collecting and accounting for the same; (b) for the costs of operating the municipal sewer facilities, and of maintaining the same in a good state of repair; (c) for payment of proper preliminary costs of the contemplated and authorized public project for the relief of overloaded and overflowing combined sanitary and storm water.sewers, and extensions;• additions and improvements to sanitary sewers of the City, to the end that the amount necessary to be raised through the issuance of the City's "Sewer System Revenue Bonds of 1964" may be minimized; such preliminary costs to include progress payments to the Consulting Engineers as the same become earned and payable under the terms and provisions of the -City's contract with said Consulting Engineers, and the costs of field.surveys, borings, and other related costs if not included in the contract of the Consulting Engineers; and (d) to the accumulation in said special fund or account of any excess over the amounts required to be expended and disbursed for the fore- going (a), (b) and (c), to the end that the same may either be applied in payment of construction costs to the construction contractors when contracts have been awarded, or for deposit into any of the special funds established and created in and by the City Ordinance authorizing the issuance of the aforesaid "Sewer System Revenue Bonds of 1964." Upon the sale, issuance and delivery by the City of any or all of such "Sewer System Revenue Bonds of 1964," any balance at that time unexpended and remaining in the above established "Sanitary Sewer Receipts Account" shall be transferred over and deposited into either (i) the "Sewer Construction Fund," or (ii) the "Sewer Operation and Maintenance Fund," or (iii) the "Sewer Depreciation Fund," or (iv) the "Paducah Sewer System Bond and Interest Redemption Fund" (including the "Debt Service Reserve" therein), or (v) the "Paducah Sewer System Revenue Fund" established in and by the aforesaid Ordinance authorizing the issuance of the aforesaid Revenue Bonds, as the Board of Commissioners may at that time provide by resolution. In no event shall any moneys received from the collection of the sanitary sewer rates and charges established by this Ordinance be diverted into the general funds of the City, or otherwise used or applied except as in this Section provided. SECTION 10. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other section, paragraph, clause or provision hereof. 382 Section 11. This Ordinance shall be effective from and after its adoption and publication as provided by law; and thereupon the new rates and charges for sanitary sewer service, and other provisions of this Ordinance, shall supersede all previously=adopted Ordinances, Reso- lutions, Rules and Regulations previously established and in conflict with the provisions hereof, at the time or times specified in Section 7 hereof; and to the extent of such conflict all such previously -adopted Ordinances, Resolutions, Rules and Regulations are hereby rescinded and repealed. INTRODUCED AND GIVEN FIRST READING APPROVAL at a meeting of the Board of Commissioners of the City of Paducah, Kentucky, held on the 18th day of August; 1964. GIVEN SECOND READING AND FINALLY ADOPTED AND SIGNED at a meeting of said Board of Commissioners held on the 25th day of August, 1964. Mayor City of Paducah, Kentucky (SEAL) ATTEST: City Clerk.