HomeMy WebLinkAboutOrdinance 1760 a. ORDINANCE NO , AN ORDINANCE ESTABLISHING RATES TO BE CHARGED FOR WATER FURNISHED BY THE WATERWORKS SYSTEM OF THE CITY OF FAYETTEVILLE ; ESTABLISHING RATES TO BE CHARGED FOR SEWER SERVICES FURNISHED BY THE SEWER SYSTEM OF THE CITY OF FAYETTEVILLE ; ESTABLISHING AN ABNORMAL SEWAGE SURCHARGE ; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH ; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES ; PROVIDING A SEVERABILITY CLAUSE ; AND DECLARING AN EMERGENCY , NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That subsections ( a ) and (b ) of Section 21- 25 of the Code of Ordinances , City of Fayetteville , Arkansas , are hereby amended to read as follows : " ( a) Monthly treated water rates ( Schedule A) . The water usage of each customer shall be determined each month by meter measurement and the amount to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates : Inside City Limits Outside City Limits Rate per 1000 gallons ( 1 ) For the first 10 , 000 gallons of water consump- tion .per month , or portion thereof $ 0 . 80 $ 1 . 00 ( 2 ) For the next 290 , 000 gallons of water consumption per month 0 . 65 0 . 80 ( 3 ) For the next 4 , 700 , 000 gallons of water consumption per month 0 . 53 0 . 65 ( 4 ) For all over 5 , 000 , 000 gallons of water consumption per month 0 . 44 0 . 55 MIGR04�0 ygl8 pAtE�' R�� All bills under this schedule shall be computed by adding the applicable meter service charge prescribed by subsection (b) to the amount determined to be due for water usage under this schedule . The monthly minimum charge shall be $ 0 . 80 for inside the city limits and $ 1 . 00 for outside the city limits plus the applicable meter service charge . Sales tax shall be added to the bill so computed . (b) Monthly meter service charge ( Schedule B ) . In addition to the above , each customer shall pay a monthly meter service charge in accordance with the following schedule : Meter Size Inside City Limits Outside City Limits 5/8" $ 1 . 50 $ 1 . 90 3/4" 1 . 70 2 . 00 1 " 2 . 00 2 . 50 1- 1/4 " 3 , 00 4 . 00 1- 1/2 " 4 . 00 5 . 00 2 " 7 , 00 9 . 00 2- 1/2 " 12 . 00 15 . 00 3 " 16 . 00 20 . 00 4" 24 . 00 30 . 00 6" 50 , 00 60 . 00 8" 75 , 00 90 . 00 10" 100 , 00 125 . 00 Section 2 . That subsections (b) , ( c ) , (d ) , and ( e ) of Section 21- 26 of the Code of Ordinances , City of Fayetteville , Arkansas , are hereby amended to read as follows : " (b ) Monthly sewer rates ( Schedule) . The following monthly rates are hereby fixed as rates to be charged for sewer services , which rates the Board of Directors hereby declares to be reasonable and necessary minimum rates to be charged : Inside City Limits Rate Per 1000 Gallons ( 1 ) For the first 10 , 000 gallons of water consump- tion per month $ 1 . 05 Inside City Limits Rate Per 1000 Gallons ( 2 ) For the next 290 , 000 gallons of water consump- tion per month 0 . 65 ( 3 ) For all over 300 , 000 gallons of water consumption per month 0 . 40 ( c ) Monthly sewer service charge . In addition to the above , each customer shall pay a monthly sewer service charge of $ 0 . 80 per bill . All bills shall be computed by adding the applicable monthly sewer rates prescribed by sub- section ( b ) above to the monthly sewer service charge . The minimum monthly charge shall be $ 1 . 85 . Sales tax shall be added to the bill so computed . ( d) Determination of charge for domestic customers , In the case of domestic customers , the average monthly water consumption for the preceding months of December , January , and February shall be computed separately for each customer , and a uniform monthly charge for each customer shall be determined by applying the schedule of rates set out in subsection (b) to such average monthly water consumption , The sewer service charges for domestic customers shall be computed annually for a twelve ( 12 ) months ' period beginning with the bill- ing for the month of the year 1970 when the rates fixed hereby go into effect and beginning with the billing of April of each year thereafter . In the case of a domestic user for whom a uniform monthly charge has been established and who moves to a new location , the same uniform monthly charge shall apply at the new location . In the case of new domestic users , the schedule of rates shall be applied to monthly water usage until an average monthly water consumption has been established in the manner above specified . ( e ) Determination of charge for commercial and industrial customers . In the case of commercial and industrial customers the monthly sewer charge shall be determined by applying the schedule of rates prescribed in subsection (b) above to the monthly water usage of such customers . In the event that a commercial or industrial customer discharging waste into the City ' s sanitary sewer system produces evidence to the water and sewer superintendent demonstrating that a substantial portion of the total amount of water from all sources used for all purposes does not reach the sanitary sewer which is in excess of the factors used in establishing the rates in Section 21- 26 (b ) of the Code of Ordinances of the City of Fayetteville , Arkansas , an estimated percentage of total water consumption to be used in computing charges may be established by the water and sewer superintendent . The factors used in establishing said rates are on file in the office of the water and sewer superintendent . Any rate so adjusted by the water and sewer superintendent shall be effec- tive for a twelve ( 12 ) months ' period beginning with the billing for the month when the rates adjusted hereby go into effect . Section 3 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section to be numbered Sec . 21- 26 . 1 , which said section reads as follows : " SEC . 21- 26 . 1 . ABNORMAL SEWAGE SURCHARGE . Customers generating abnormal sewage may dis- charge such sewage into the sanitary sewer provided : ( 1 ) the waste will not cause damage to the collec- tion system, ( 2 ) the waste will not impair the treat- ment processes , ( 3 ) the person discharging such waste pays a monthly surcharge to the City of Fayetteville Water Department in addition to the usual monthly sewer charges . Computation of such surcharges shall be based on the following formula : S = Vs x 8 . 34 . 0637 ( SS - 300 ) + 0 . 0135 ( BOD- 300)7 where S = Surcharge in dollars ( monthly ) Vs = Sewage volume in million gallons (monthly) 8 . 34 = Pounds per gallon of water 0 . 0637 = Unit charge for suspended solids in dollars per pound SS = Suspended solids strength index in ppm by weight ( 300 ppm or over ) 300 Normal SS strength in ppm by weight 0 . 0135 = Unit charge for BOD in dollars per pound BOD = Five day BOD strength index in ppm by weight ( 300 ppm or over ) 300 = Normal BOD strength in ppm by weight If the strength index for either B . O . D . or S . S . is less than the normal strength index for that category , then there shall be no surcharge for that category , nor shall there be credit given to the total surcharge . " Section 4 . That subsection ( 4 ) of subsection (b ) of Section 21-45 of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended to read as follows : " ( 4 ) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 21-49 . Such cost shall be based on the formula found in Section 21- 26 . 1 . " Section 5 . That subsections ( d) and ( e ) of Section 21- 25 of the Code of Ordinances , City of Fayetteville , Arkansas , are hereby - amehded to read as follows : " ( d) Monthly standby fire protection service charge ( Schedule D) . Charges for unmetered service connections for standby fireprotection and fire hydrants shall be : Line Size Monthly Charge Inside City Outside City Limits Limits 3 " $ 7 . 00 $ 9 . 00 4 " 11 . 00 14 . 00 6 " 22 . 50 28 . 00 8" 35 . 00 44 . 00 ( e ) Monthly wholesale treated water rates outside city limits ( Schedule E ) . The rate for wholesale treated water outside the city limits of the City of Fayetteville , Arkansas , shall be $ 0 . 98 per 1 , 000 gallons or fraction thereof . The monthly meter service charge set forth in subsection (b) shall be applicable , and all bills shall be computed by adding the applicable meter service charge to the amount determined to be due pursuant to the rate charged for wholesale treated water outside the city limits herein specified . Section 6 . This Ordinance is passed as an emergency measure , and the Board of Directors does , by the vote by which this Ordinance is passed , hereby declare that an emergency exists , which makes it imperative that this Ordinance should become effective forthwith in order that the public health , welfare and safety might most effectively be provided for . Section 7 . That if any section , part of a section or provision of any section of this Ordinance shall be held to be void , ineffective or unconstitutional by a court of competent jurisdiction , the holding of such section , part of a section or provision of any section to be void , ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this Ordinance , which shall remain in full force and effect . The Board of Directors declares that it would not have passed any sections , parts of sections or provisions of any section of this Ordinance that were unconstitu- tional , void or ineffective if it had known that they were unconstitutional , void or ineffective at the time of adopting this Ordinance . Section 8 . That this Ordinance shall repeal every prior Ordinance.. and provision of the Code of Ordinances of the City of Fayetteville , Arkansas , in conflict herewith but only insofar as the portion of such prior Ordinance or provision shall be in conflict , and as to all other Ordinances or provisions of the Code of Ordinances of the City of Fayetteville , Arkansas , not in direct conflict herewith , this Ordinance shall be and is hereby made cumulative . ' PASSED AND APPROVED this day of 1970 . 7777TT��� Garland Melton Jr . , Mayt5r Attest : arilyn Aoore , City Clerk CERTIFICATE OF RECORD V`fa#e of Arkansas ( SS City of Fayetteville I Suzanne 'C. Ir-, t ' t`, 3 C';rk and ix-OfficioIle, do herebyre- goinr( iso. t;-:• e ` „-b.., ��:,c `,f . . � -'s` sP- pear in Ptry,' of �1iy. �©::i�: 7i::1' +Z:.�" ....:1✓� ''�::.:_tixil'el' J STATE of ARKANSAS 1 Jt as. County of Washington MAL PEAtSNO ALL Oa PROVISIONS Its W=; MAKING I, _ _ �... " r _ !^��'` _ , hereby certify that I CUMULATIVE OF 1NANCII PROVIim: am the Genlral Mana r) of THE NORTHWEST ARKANSAS TIMES, TF' CLnvsC Ann n a daily ewspaper having a second class mailing privilege, and being not F.MF.14 E L. NOW. THEREFORE, 1M jr less than four pages of five columns each, published at a fixed place of PAINED BY Tlx: BOARD OF 1)1RsQ' TORS OF THE CITY OF FAY97'I'14 business and at a fixed (daily) intervals continuously in the City of l' Secti A . K t subsections Fayetteville, Count of Washington, Arkansas for more than a e[1inn 1. That subsections nl end ro, Y y gt0 period if Section a.Z of the orde of Ordi- of twelve months, circulated and distributed from an established place of are he. Cd£' a Fa to ead Areanssa ' business to subscribers and readers re es. strOf m read .s falows, ' generally of all classes in the City NonN4• .VntM . water rate`- I & County for a definite price for each copy, or a fixed price lW-hedule A). ' }11t winter mate of each . Per annum, customer shelf h" AetQnimd each which price was fixed at what is considered the value of the publication, "noun "t maer d aw water sae tne � based upon the news value and service value it contains, that at least fifty a, nth to 4 fate far water u"it he P Y cumber sand x r9mWled a ; percent of the subscribers thereto have paid cash for their subscriptions ,len mbass a the ldlbwmg sinedae 9 , to the newspaper or its agents or through recognized news dealers over a int' ~ period of at least six months ; and that the said newspaper publishers an • qj average of more than forty percent news matter. ,e ant 10." I further certify that the legal notice hereto attached in the matter anter ):9aah1£Ip _r,sonth, tr •Preai -. , ja i .dd .Ilan anxt f „ .urnpli9n 0.65 0.90 ,lot a atgrt was published in he regular daily issue of said newspaper for--/—_. ',c. laittoof ttcasdovtie insertioa as follows: OSi o.es III over aaunna a , The first insertion on the ________/_______ day of _ _ 19 //.0 _LL nsumptim -�n 1.44 0.56 under this wdiedule shell an the second insertion on the _----- ___---- __.-_---- day of ___ 19-- by admag the applkahle n,e charge pmsorihed by sub I. to the amount determined the third insertion on the ------ ___-_ _ day of for water usage under this _-" ' -- The monthly mudmumcharge Su.w for inside the city limits and the fourth insertion on the da of __---__— 19_-- $1 Is fnr outside the cit limas pica /'�/•'�/]{t,1Ctr/�eaW(1F`S� Y ^ applicable meter service charge. . ovo shell m added to the bill M a � m ed. ie >Ile 1i meter sen£sw alsrga :eduo rn In halladdition to the above, ouetomer "hell lay a monthly ^ , xernre clary¢` in accordance with following schedule: Sworn to and subscribed before me on this ____ __ ____ day of __________ Haler ( fly Mr alto limits T 1.rA I.M. o ---------- --- .- ---------- ------- -- ----- 9-----4-e---- - 1" dso zoo 9.00 / e " Notublic a a.. F' My Commission Expires : IV. ...., section Z That so ,f). and Sgt! of section 9421 / Q Ord 0, aly of Faye ,nsn, am fair amended M lows: " bl easingoar assay rates itybe.huel. e /� -are ralewls� monwy rates air .by Fees for Printing _— E--1L &i(a xed air Mace to h charged fit >ewe sic wWm Mies the Board ton lwreby declares b he Coat of Proof _ e 'n necessary minimums Total — Y For the fl ,'.lnne a _ »plan For x lops tino as If ad ,hall 13 m be all law Nhe7ac:WhWedule of i`Id �!6 Wt W mbYn �D = FivPit y 1300alRnglhlion to such average monthly water in ppm by weight IiIO ppmconption. 'phe sewer servico charges or oven for domestic Wstomers shall ber com- 300 o Normal HOD strength In ppm puled annually for a twelve (121 moniM1s' by weight period beginning with the billing for the If the strength index for either D.O.D. month of the year 1910 when the rales or S.S. is less than the normal strength . bved hereby go into effect and beginning Index for that celegort, then there shall with the billing of April of each year he no surcharge for that mtegnr% nor thereafter. In the ease of a domestic shall there be credit given to the total user for whom A uniform mol surcharge.' charge has bay established and who Section 4. 9bat subsection (4) or sub macs to a new location, the same Wa. section (61 Of Section 21-45 of the Code forth monthly Charge $hal wpply at the of Ordinances. rit) M Fa>ettevule. Ar- new ]motion. In the cluse of new domes- Copies. is hereby amended to read as tic uses, the schedule of rales shall be to]low's: Applied to monthly water usage until . 141 Require pai'mrnt to cover the an average monthly water consumption 't added cost of handling and treating the has been established in the manner ' wastes not covered by existing taxes or above specified. sewer charges under the Provisions of (e) Determination M charge for can Section 1140. Such cost shall SP based mental and Industrial e4otonora. In the on the formula found in Section ZI 26A." case of commercial and industrial cus- Section 5. net mbseclimi; (dl and Comers the monthly sewer charge shalt (e) of Section n-a of the code of Ordi- be determined by applying the schedule Papers, CICv of Fayetteville, Arkansas, of rales prescrtbed In subsection /bi are hereby amended to read as follows: above to the monthly water usage of fill MmM]y standby fire protection such customers. In the event that a service (Schedule DI. Charges for on commercial or industrial custamer dls- I metered service mnneclions for standby Charging waste into the City's sanitary firepmtecliW and fire kilmnts shall he sewer systr-m produces evidence to the Monthly (Tame water and sewer superintendent demur- inside shatslde Areting that a subetantod portion of Una size chip,1Itry the total amounfrom all of water froall Unadis tJmifs sources Coed for all purposes does not 3 - IC7.00 t 9.110 reach the sanitary sewer which is in 4 11.00 14.110 excees of the factors used in establish- 622 511 _st M W ing the rales in Secli21% (b) of the g.. 35M 14.00 Code of Ordinances of the Coy a Fay- (e) Marble wholesale treated water ette%jlle, Arkansas. an estimated WP rates monoxide City llmlte tSeledule F.,, centaget a total water eAlsumptiW ton The rale for wholesale tni wear be used in computing charges may be outside the city limits of the illy of established by the water and sewer Fayetteville. Arkansas, shell be t.(InR superintendent. 9Te factors used ht es- per 1.000 gallons or Ireclmm thereto, tablishing said rates am W file inthe Ibe monthly meter service charge set office d Ise water And sewer super- forth m subsecllon III) shall by aPPllra- intendent. My rate so adjusted by the ble, and all bills shall be coati water and sewer superintendent shall be adding the applicable meter efhciive fon a twelve (121 months' pe charge to the amount determined• find beginning` with the billing for the due Portugal to the rag chergml month when the rates adjusted hereby, wholesale treated water outside the r limits herein specified. go Iola 3. 'Ith Section 6. ]Ills Ordinance is Section Or 3. 'Rot the Cede sa . is h neeyt. An emergen rl, measure, and thessliw,p pal Gly of Fayetteville. Arkansas. is hereby Of DieactoR does, by the vote , amended mbere by adding a section a be this Ordinance Ix numbered Sec. 21.261, which said section passed, hereby rh 1 reeds as follows: that pe emergency this which m "SEC. 2bffi.1. ABNORMAL SEWAOE h onerefiec that this Ordinance .h,.., SURCHARGE.RGE. become effective forthwith In order that cvsmay generating abnormal sew- the public health, welfare and sa lett' age may discharge such sewage into might most Phot if An M Provided fot . CIA sanitary sewer provided: rte the sectio Z not sot any uny s port of waste will not cause damage to the ml- a sacrum or provision of any section of lection 6valem, (2) the waste will not this Ordinance shell be held to no void, ImWlr the treatment processes, (3) the ^eflnrtirr m r naftn hood h e t corn I person discharging Such twaste pays monthly surcharge a the city M p. to the Water mthly ant- In add ' to the usual monthly .�„ �• i. Computation of such , be based (in the fall,, , I S - Vs x 8.34 (n..• 0.0135 11247ID-300)) where III ' ' I'M d cl r that it w 9 — surcharge in dollars (mouth' lo I passed any sections, parts a Cs __ . ge volume In millions gal Provisions of an) section , nonce Nat were uncentiWhm , nrlective t it had known than unconstitutional, roil or ineb, Ol P,I,rPh.,n th', rh