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HomeMy WebLinkAboutOrdinances Book 15, Page 662, No Ordinance Number662/ AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, TAKING NOTICE OF CONCURRENT PROCEEDINGS OF THE BOARD OF C01,24ISSIONERS AUTHOR.;. IZING CONSTRUCTION AND INSTALLATION OF SLTPJSTANTIAL SANITARY SEWER DIPROVENENTS AND THE FINANCING THEREOF THROUGH THE ISSUANCE OF REVENUE BONDS; ESTABLISHING INCREASED RPTES AND CHARGES FOR SANITARY SEWER SERVICE IN CONNECTION THEREY]ITH AND PROVISIONS FOR ENFORCING COLLECTION THEREOF, INCLUDING PENALTIES FOR DELINQUENCY IN PAYMENT THEREOF; DETERMINING ITHEN THE SAME SHALL BECOME EFFECTIVE; AND MIAKING PROVISION FOR DISPOSITION OF THE INCOME AND REVENUES RECEIVED THEREFROM] idHEREAS, by reason of the natural growth and development of the City of Paducah, the municipally-oymed sewer system of said City has become wholly inadequate, and it is 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 1:HEREAS, 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 extension of sanitary sewer installations and facilities, must be undertaken without delay at an estimated initial cost of ;600,000; and upon clue consideration of the recom- mendations 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 Leans of the authorization and offering at public sale of the City's "Sewer System Revenue Bonds of 1965,+' Mnich 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 services; and IMI'F,.AS, the presently prevailing rates and charges for sanitary sewer service are inadequate, and it is necessary to impose, and provide for enforce- ment 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 sewer system, for the provision and accumulation of sound reserves in connection therewith, and otherwise for application to the costs of said public project as hereinafter provided, NM, THEREFORE, THE BOARD OF COW4fSSIONERS OF THE CITY OF PADUCAH, KEA'TUCKY, DOES ORMIN 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 drainbng and treating flowable polluted sewage wastes, 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 are otherwise generated, which should be drained away and disposed of in the interests of the public health, safety and feneral welfare, and specifically includes, but not by way.of limiting the generality of the foregoing, all homes, houses, apartments, hotels, motels, trailer camps, establishments for manufactur- ing, 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 kitchen, 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 one-half inch (1/211) in any dimension, and only if such solid food wastes are introduced into the sewers accom- panied by.water sufficient to cause the same to floor freely and without congesting the sewers; "commercial and iadusial wastes" mean wastes carried away from commercial and industrial establishments, as distinguished from ordinary sewage; and has particular reference, without limiting the generality of the foregoing, to wastes containing chemical or other substances which present unusual problems and hazards necessitating supervision or special treat- ment 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 pips, 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 dowers shall be granted or permitted to any user thereof. Section 3. Sewer Usage To Be Measured By Neater Us Ice According to Bill for hater Service. It is hereby determined that the fairest and most accurate 664 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 quantity 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 other- wise fixing the amount of the monthly sewer service charge at a stated percen- tage of the monthly crater bill rendered to the same premises; and that adoption of such method will effect substantial economies and savings in preparing bills. N,unicipal 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 hereinafter estab- lished 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 crater to any premises are otherwise than upon a monthly basis, the City reserves the right to prescribe special rates and charges conforming 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. Section 5. Establishment of New Sanitary Sewer Service Rates and Chargees; Method of Adjusting Same in the Event of Changes in Municipal :•later Service Rates; Exceptions. Rates and charges for use of the seriices and facilities of the municipal sewers here hereby established as follows: RATES AND CHARLES FOR SEWER USERS INSIDE THE CORPORATE LIMITS OF THE CITY, AS SUCH LIMITS PRESENTLY EXIST, AND AS THE SAME 14AY BE EXTENDED FROM TIME TO TDeE IN THE FUTURE Use of the services and facilities of the municipal sewer system shall be charged and billed at a sum equal to twenty per cent (20%) of the bill for water service rendered to the same premises; with a minimum monthly charge of One Dollar Twenty Cents (;;1.20), regardless of the amount of the bill for water service. Reference is hereby made to said presently -prevailing schedule of water service rates of the City's Water Department for the details thereof. METHOD OF ADJUSTING RATES FOR SANITARY SEYSR SERVICE IN THE EVENT CHANGES ARE MADE IN THE PRESENTLY - PREVAILING RATES AND CHARGES FOR MUNICIPAL WATER SER71ICE It is the purpose of the City in establishing the rates and charges for sanitary sewer service, as hereinabove set forth,' to establish such rates and charges as are shown7by the reports and recommendations of the Consulting Engineers to be sufficient to produce aggregate sewer service revenues suffi- cient to provide for the payment from time to time of all costs'of operating r.4 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 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 'dater 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 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 service, 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 substantail degree, it will be the purpose of the Board of Commissioners of the City to adjust the rates for sewer service accordingly. It is recognized that the aggregate of the City's surer 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 accomplish 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. EXCEPTION'S LIT APPLICATION' OF SANTITARY SEI -ER CHARMS 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) ?;'here more than thirty-five per cent (35".) of the water used by the owner or occupant of any premises during the month does not flow into the municipal sewers, the percentage in excess of thirty-five, per cent (35;.) 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 pre- mises to prove to the City than more than thirty-five per cent (35%) of the water used on such premises during the month 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 seller 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 665 666 City, and to the City's satisfaction. In no case, however, shall the spnitary sewer service rates and charges herein: provided by calculated upon less than thirty-five per cent (35p) of the water used by the owner or occupant of any I i premises during the year. kb) 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 sbhedule of sanitary sewer service rates and charges for any reason is not applicable, then special sanitary sewer 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 sbhedule 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 sanitai7 sewer service classification rates, rentals, and charges. The Board of Commissioners may take such action t'rereon as it sees fit. Section 6. Premises Cutside the City Limits. The City recognizes no obligation 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, applications for permission to connect any such pre- mises 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 appli- cation 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 Rated and Charges Herein Prescribed. With respect to all existing promises presently connedted to the City sewers, the sanitary sewer service rates 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 Plater Lbpartment are made monthly but not for all premises upon the same day of the month. Premises which are hereafter connected to the City's sewers shall be subject to the rates and charges established in Section 5 hereof upon the occasion of the rendering of the next ensuing bill for water service thereto. 667 Section 8, t:'hen Sanitary Sewer Service Bills Due; I:lhen Water Service to Be Discontinued for Delinquency 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 6yater 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 Ilater 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 Slater Department, the charges for sewer service shall be billed together with the charges for water service, and on the same bill form. If any monthly bill for sanitary sewer ser6i:ce 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 service shall be paid immediately; and if such payiaent is not made in full within seven (7)days after such notice is giver., 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 l:'ater Department or any other supplier of water service) shall be ordered and directed to discontinue water service to the same premises shall have been paid in whole or in part. Thereafter the water supplier so dis- continuing water service to such premises shall rot restore water service to such premises until advised by the City Treasurer that all delinquent sever 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 rot available, the supplier of water service may restore the water service connection to any new occupant of the same premises, if such nes: occupant is rot also similarly deli-nquent 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 1965," 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 ratubers of federal Dal-osit 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 668 of the rates and charges for sanitary sewer service as established by this Ordi- nance. The moneys from time to time collected from such source and deposited in said special account shall be used, applied, and disbursed from tiiir!e 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 oper- ating the municipal sewer facilities, and of maintaining the same in a good state of repair; (c) for payment of proper preliminary costs of the contem- plated and authorized public project for sanitary sewers and for extensions, additions and improvements to sanitary sewers of the City, 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 foregoing (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 finds established and created in and by the City Ordinance authorizing the issuance of the aforesaid "Sewer System Revenue Bonds of 1965." Upon the sale, issuance and delivery by the City of any or all of such "Sewer System Revenue Bonds of 1965," 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 Depre- ciation 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 author- izing the issuance of the aforesaid Revenue Bonds, as the Board of Commissioners may at that time provide by resolution. In no evert 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. Sectiorrc10: If any section, paragraph, clause or provision o this Ordinance shall be held invalid, the invalidity thereof shall not affect any other section, paragraph, clause or provision hereof. 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, Resolutions, 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 A:dD GIVEN FIRST READING I.PPROVAL at a meeting of the Board of Commissioners of the City of Paducah, Kentucky, held on the 13th day of July, 1965. GTJEN SECOND READING AND FINALLY AMPTED A:,7D SIGNED at a meeting of said Board of Commissioners held on the 20th day of July, 1965. Mayor City of Paducah, Kentucky CERTIFICATION The undersigned, City Clark of the City of Paducah, Rentucky, hereby certifies that the foregoing is a true copy of an Ordinance of said City, finally adopted by the Board of Commissioners of said City at a meeting held on the 20th day of July, 1965, signed by the Mayor, attested under seal and enrolled, with directions that a true copy thereof be delivered to the Paducah Sun -Democrat, being the legal newspaper published in said City and having the largest circu- lation therein, with instructions for publication as soon as possible. I further certify that I have so delivered a copy of said Ordinance to said newspaper with instructions for early publication. ?•TITNSS my hand and the seal of said City, this 20th day of July, 1965. City of Paducah, Kentucky iS::AL)