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    DeSoto Ruling

    Uploaded by

    Anthony Warren
    The court ordered that: 1) The City of Memphis must continue treating wastewater from Horn Lake Creek Basin until it can route wastewater to an alternative facility. 2) Horn Lake Creek Basin has 8 years to complete construction of an alternative facility and must provide biannual status reports. 3) Horn Lake Creek Basin must also file a construction schedule and biannual reports for its peak flow storage facility. 4) Horn Lake Creek Basin will pay the City of Memphis an increasing volumetric rate for wastewater treatment until disconnecting from the City's system.

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    DeSoto Ruling

    Uploaded by

    Anthony Warren
    11K views3 pages
    The court ordered that: 1) The City of Memphis must continue treating wastewater from Horn Lake Creek Basin until it can route wastewater to an alternative facility. 2) Horn Lake Creek Basin has 8 years to complete construction of an alternative facility and must provide biannual status reports. 3) Horn Lake Creek Basin must also file a construction schedule and biannual reports for its peak flow storage facility. 4) Horn Lake Creek Basin will pay the City of Memphis an increasing volumetric rate for wastewater treatment until disconnecting from the City's system.

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    DeSoto ruling

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    DeSoto ruling

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    The court ordered that: 1) The City of Memphis must continue treating wastewater from Horn Lake Creek Basin until it can route wastewater to an alternative facility. 2) Horn Lake Creek Basin has 8 years to complete construction of an alternative facility and must provide biannual status reports. 3) Horn Lake Creek Basin must also file a construction schedule and biannual reports for its peak flow storage facility. 4) Horn Lake Creek Basin will pay the City of Memphis an increasing volumetric rate for wastewater treatment until disconnecting from the City's system.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    11K views3 pages

    DeSoto Ruling

    Uploaded by

    Anthony Warren
    The court ordered that: 1) The City of Memphis must continue treating wastewater from Horn Lake Creek Basin until it can route wastewater to an alternative facility. 2) Horn Lake Creek Basin has 8 years to complete construction of an alternative facility and must provide biannual status reports. 3) Horn Lake Creek Basin must also file a construction schedule and biannual reports for its peak flow storage facility. 4) Horn Lake Creek Basin will pay the City of Memphis an increasing volumetric rate for wastewater treatment until disconnecting from the City's system.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Case 2:19-cv-02864-MSN-cgc Document 154 Filed 09/22/23 Page 1 of 3 PageID 2586

    IN THE UNITED STATES DISTRICT COURT


    FOR THE WESTERN DISTRICT OF TENNESSEE
    WESTERN DIVISION
    ______________________________________________________________________________

    CITY OF MEMPHIS,

    Plaintiff,

    v. Case No. 2:19-cv-2864-MSN-cgc

    HORN LAKE CREEK BASIN INTERCEPTOR


    SEWER DISTRICT and
    DESOTO COUNTY, MISSISSIPPI,

    Defendants.
    ______________________________________________________________________________

    JUDGMENT
    ______________________________________________________________________________

    JUDGMENT BY COURT. This action came before the Court on Plaintiff’s Complaint (ECF

    No. 1), filed December 17, 2019. In accordance with the Court’s Memorandum Opinion and Order

    (ECF No. 153), entered September 22, 2023, it is ORDERED, ADJUDGED, AND DECREED

    as follows:

    1. The City of Memphis shall continue treating the wastewater from the Horn Lake

    Creek Basin Interceptor Sewer District of DeSoto County, Mississippi until such time as the

    District is able to complete all necessary construction to begin operations and route wastewater to

    an alternative treatment facility.

    2. The District shall have eight (8) years from October 1, 2023 in which to complete

    construction or expansion of an alternative wastewater treatment facility. On or before December

    29, 2023, the District shall file on the docket its estimated construction schedule based on this time

    period. Thereafter, until the District disconnects from the City’s system, the District shall file
    Case 2:19-cv-02864-MSN-cgc Document 154 Filed 09/22/23 Page 2 of 3 PageID 2587

    reports every six months 1 that include detailed descriptions and explanations of: (1) its progress

    toward meeting the deadlines set forth in its construction schedule, and (2) any issues or

    circumstances that have caused delays, including the impact on the construction schedule.

    3. On or before December 29, 2023, the District shall file a construction schedule for

    the remaining work needed to complete its peak flow storage facility. Thereafter, until the peak

    flow storage facility begins operating, the District shall file reports every six months that include

    detailed descriptions and explanations of: (1) its progress toward meeting the deadlines set forth

    in its construction schedule, and (2) any issues or circumstances that have caused delays, including

    the impact on the anticipated schedule.

    4. Until the District disconnects from the City’s system, it shall pay to the City a

    volumetric rate for treatment of its wastewater as set forth below:

    Beginning September 23, 2023, the District’s volumetric rate shall be calculated using the

    following formula: District’s Rate = Agreements Rate + ((Ordinance Rate – Agreements Rate) x

    Applicable Percentage). 2 The “Applicable Percentage” will increase each year according to the

    following schedule:

    Applicable
    Start End
    Percentage
    September 23,
    June 30, 2024 0%
    2023
    July 1, 2024 June 30, 2025 5%

    1
    The Court anticipates that these reports would be filed approximately June 30th and
    December 30th each year, and if that day is a Saturday, Sunday, or other day on which the Clerk’s
    office for the Western District of Tennessee is closed, then the report would be filed on the next
    day the Clerk’s office is open that is not a Saturday, Sunday, or legal holiday. See Fed. R. Civ. P.
    6.
    2
    All terms in the formula are defined in the Court’s Memorandum Opinion and Order
    (ECF No. 153).
    2
    Case 2:19-cv-02864-MSN-cgc Document 154 Filed 09/22/23 Page 3 of 3 PageID 2588

    July 1, 2025 June 30, 2026 10%

    July 1, 2026 June 30, 2027 15%

    July 1, 2027 June 30, 2028 20%

    July 1, 2028 June 30, 2029 40%

    July 1, 2029 June 30, 2030 60%

    July 1, 2030 June 30, 2031 80%

    July 1, 2031 June 30, 2032 100%

    Beginning October 1, 2033, until the District disconnects from the City’s wastewater

    system, the District shall pay to the City the greater of the (1) volumetric rate set by the Memphis

    City Council for all customers (Ordinance Rate), or (2) the applicable sewer rate then in effect and

    charged by the DeSoto County Regional Utility Authority (DCRUA).

    5. Any specific relief requested by the parties that is not addressed in the Court’s

    Memorandum Opinion and Order is DENIED.

    6. This Court retains jurisdiction to allow for the periodic reporting set forth herein

    and to modify the judgment should a change in circumstances so require.

    APPROVED:

    s/ Mark S. Norris
    MARK S. NORRIS
    UNITED STATES DISTRICT JUDGE

    September 22, 2023


    Date

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