ORDINANCE NO. 2022-07: Sewer Rates and Fees

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Related Area: | fees | | Water/Sewer |
Related Elkins Municipal Code (EMC):
Related Year:2022 |

Ordinance #: 2022-07



WHEREAS, the City of Elkins is required to set its rates by ordinance to establish sewer rates and fees to pay all costs set forth in Ark. Code Ann. $ 14-253223; and 

WHEREAS, on August 18th, 2022, the City Council introduced an ordinance to adjust city sewer rates and fees, and called for the publication of the proposed rates as well as the public hearing set for September 15th, 2022, in accordance with Arkansas Law; and 

WHEREAS, the Elkins Water and Sewer committee has carefully reviewed the rate study and recommended adoption of the sewer rates and fees, attached hereto as Exhibit A; and 

WHEREAS, after holding a Public Hearing and hearing public input as well as the input of the Elkins Water and Sewer Committee, the City Council has determined that it is necessary to adjust the monthly sewer rates in order to adequately finance the sewer system in the City of Elkins as required by Arkansas Law. A copy of the resolution introducing this ordinance and a copy of the public notice of the proposed rates and fees, and public hearing are attached hereto as Exhibit Band Exhibit C

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Elkins, Arkansas

Section 1. That the sewer rates and fees in the City of Elkins are hereby amended, as set forth in the attached ExhibitA

Section 2. All City of Elkins ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict

Section 3. In the event that any section, paragraph, subdivision, clause, phrase, or other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision, other than the part so decided be invalid or unconstitutional, and the remaining provisions of this Ordinance shall be construed as if such invalid, unenforceable, or unconstitutional provision or provisions had never been contained herein

PASSED AND APPROVED this day of September 2022


Bruce Ledford, Mayor 

ATTEST: Delia Foster, City Clerk 

Exhibit A

City of Elkins Sewer Rate Recommendations 

Sewer Rates

  1. Maintain rates sufficient to meet a 1.05 operating ration and 1.15 debt coverage ratio.
  2. Budget and fund a minimum of 5% of gross revenues for depreciation reserves as required by Arkansas Act 605.
  3. Sewer rates to increase 8.4% per year to meet 1.05 Operating Ratio.
  4. Sewer rates will include an additional $1.00/meter technology upgrade and sustainability fee.


Sewer Service  Current Rates  0-2,000 gal.  $15.00/Minimum 2,001-5,000 gal. $7.50/1000 gal. Over 5,000 gal. $7.00/1000 gal. Cost for 4,000 gallons: $30.00  Recommended Rates: 1.00  Operating Ratio $16.02/Minimum $8.01/1000 gal. $7.48/1000 gal.  $32.04  Recommended Rates: 1.05 Operating Ratio  $16.26 Minimum $8.55/1000 gal. $7.98/1000 gai.  $33.37


Exhibit B: Resolution 2022-08

Exhibit C: Posting

PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Elkins, Arkansas that the Elkins City Council will hold a public hearing ai the regular  meeting of the City Council to be held at 34 207 307, PETTEVILLE ,9701 47).443.700 LAX 179-695.!119 VNVIADGCOK  Elkins City Hall located al 1874 Stokenbury Rd, Elkins, AR 72727 on September 15th, 2022, 7:00 p.m. The public hearing will be held for the  purpose of considering an Ordinance AFFIDAVIT OF PUBLICATION  that has been introduced to establish new rates and charges for services rendered  by the Sewer System of the City of I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the  Elkins. At the public hearing, all  interested parties shall have an Northwest Arkansas Democrat-Gazette, a daily newspaper printed and  opportunity to be heard conceming the published in said County, State of Arkansas; that I was so related to this  proposed new rates and fees, as well as  the Ordinance. Copies of the Ordinance publication at and during the publication of the annexed legal advertisement establishing new rates and fees for  services rendered by the Sewer System the matter of: Notice pending in the Court, in said County, and at the dates of  of the City of Elkins and related the several publications of said advertisement stated below, and that during said documents are open to public periods and at said dates, said newspaper was printed and had a bona fide  examination in the utility office and the  City Clerk's office at the Elkins City circulation in said County; that said newspaper had been regularly printed and Hall before the passage of the Ordinance  containing the rates and fecs and shall published in said County, and had a bona fide circulation therein for the period of  remain there for inspection by all parties one month before the date of the first publication of said advertisement, and that interested.  755951 12 Aug 31, 2022 said advertisement was published in the regular daily issues of said newspaper as stated below.  City of Elkins Public Hearing  Was inserted in the Regular Edition on: August 31, 2022  Publication Charges: $54.60  Best S Brittany Smith  URL  Subscribed and swom to before me This 31 day of Quy, 2022.  Cathy Wiles  Benton COUNTY NOTARY PUBLIC - ARKANSAS My Commission Expires 02-20-2024  Commission No. 12397118  Cather Wiles  Notary Public My Commission Expire