HomeMy WebLinkAboutOrdinance 3285 ORDINANCE NO . 3285 FpIR FlIEDpRp MICROFILMED
,A 1 S9
AN ORDINANCE AMENDING CHAPTER 'Tg Ej@F HE
FAYETTEVILLE CODE OF ORDINANCES TO RESTRTCTCOUTAI AR
THE USE OF REVENUES FROM SEWER Ui 'CHARG ' SLLEYER
AND TO PROVIDE FOR A REVIEW OF SUCH CH ESy`"
CIRCU11 CLERK
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section I. That Section 21 - 26 of the Fayetteville Code of
Ordinances be amended by adding paragraph ( d ) to read as follows :
( d ) ( 1 ) Definitions . Unless the context specifically
indicates otherwise , the meaning of terms used in this
Ordinance shall be :
( a ) " Operation and Maintenance " shall mean those
functions that result in expenditures during the
useful life of the treatment works for materials ,
labor , utilities , and other items which are
necessary for managing and which such works were
designed and constructed . The term " operation and
maintenance " includes replacement as defined in
j
" Replacement" .
�y ( b ) " Replacement" shall mean expenditures for obtaining
and installing equipment , accessories or appur -
tenances which are necessary during the useful life
of the treatment works to maintain the capacity and
performance for which such works were designed and
constructed .
( c ) " Domestic Customer or User " shall mean any con-
tributor of wastewater to the City ' s treatment
works whose lot , parcel or real estate , or building
is used for domestic dwelling purposes only .
( d ) " Commercial , Industrial Customer or User " shall
mean all retail stores , restaurants , office
buildings , laundries , and other private business
and service establishments which contributes
wastewater to the City ' s wastewater treatment
plant . It shall include any non-governmental , non-
residential user of publicly owned treatment works
which is identified in the Standard Industrial
Classification Manual , 1972 , Office of Management
and Budget , as amended and supplemented , under the
following divisions ; Division A - Agriculture ,
Forestry , and Fishing ; Division B - Mining ;
Division D - Manufacturing ; Division E - Transpor-
tation , Communications , Electric , Gas and Sanitary ;
and Division I - Services . It also includes
social , charitable , religions , and educational
activities such as schools , churches , hospitals ,
nursing homes , penal institutions and similar
institutional users ; Legislative , judicial ,
administrative and regulatory activities of
Federal , State and local governments .
( e ) " Treatment Works " shall mean any devices and
systems for the storage , treatment , recycling and
reclamation of municipal sewage , domestic sewage or
liquid industrial wastes . These include intercep-
ting sewers , outfall sewers , sewage collection
systems , pumping , power and other equipment and
their appurtenances ; extensions improvement ,
remodeling , additions and alterations thereof ;
elements essential to provide a reliable recycled
supply such as standby treatment units and clear
well facilities ; and any works , including site
acquisition of the land that will be an integral
part of the treatment process or is used for
ultimate disposal of residues resulting from such
treatment ( including land for composting sludge ,
temporary storage of such compost and land used for
the storage of treated wastewater in land treatment
systems before land application ) ; or any other
method or system for preventing , abating , reducing ,
storing , treating , separating or disposing of
municipal waste or industrial waste , including
waste in combined store water and sanitary sewer
systems .
( f ) " Useful Life " shall mean the estimated period
during which a treatment works will be operated .
( g ) " User Charge " shall mean that portion of the total
wastewater service charge which is levied in a
proportional and adequate manner for the cost of
operation , maintenance and replacement of the
wastewater treatment works .
( h ) "Water Meter " shall mean a water volume measuring
and recording device , furnished and installed by
the water department of the City of Fayetteville .
( i ) " Infiltration/ Inflow" shall mean the total quantity
of water other than wastewater from both infiltra-
tion and inflow without distinguishing the source
from defective pipes , pipe joints , connections ,
manholes , roof leaders , cellar drains , yard drains ,
area drains , foundation drains , drainsr from springs
- 3 -
and swampy area , cross connections , catch basins ,
cooling towers , storm waters , surface runoffs ,
street wash water , or drainage .
( j ) "Municipality" shall mean a city , town , county ,
parish , district , association or other public body
( including an intermunicipal agency of two or more
of the foregoing entities ) crated under state law
having jurisdiction over disposal of sewage ,
industrial waste or other waste . The definition
includes special districts such as water , sewer ,
sanitary , utility , drainage , transport , or disposal
of liquid waste of the general public in a par-
ticular geographic area .
( 2 ) The revenues from user charges collected by the
City shall be deposited in a separate non- lapsing fund
known as the Operation , Maintenance , and Replacement
Fund .
Fiscal year-end balances in the operation , main-
tenance and replacement fund shall be used for no other
purpose than those designated . Monies which may be
transferred from other sources to meet temporary
shortages in the operations , maintenance , and replace -
ment fund shall be returned to their respective accounts
upon appropriate adjustment of the user charge rates .
The user large rate ( s ) shall be adjusted so that the
transferred monies will be returned to their respective
accounts within six ( 6 ) months of the fiscal year in
which monies were borrowed .
( 3 ) Any user who feels his user charge is unjust and
inequitable may make written application to the Director
of Public Works requesting a review of his user charge .
Said written request shall , where necessary , show actual
or estimated flows and/ or strength of his wastewater ,
including how the measurements were made .
A review of the request shall be made by the Public
Works Director and if substantiated , the user charges
for that user shall be recomputed based on the revised
flow and/ or strength characteristics . In no case ,
however , shall allowances or adjustments be made for
claims of sewage strengths less than 300 mg/ l suspended
solids and 300 mg/ l of BODS .
Any adjustments will be applicable to the next
billing period .
ILJBkR � Pqa ' '43
- 4 -
( 4 ) The City shall review the user charges at least
annually and revise the rates as necessary to ensure
that adequate revenues are generated to pay the cost of
operation , maintenance , and replacement , and that the
system continues to provide for the proportional
distribution of operation , maintenance , and replacement
costs among users and user classes .
The City shall notify each user at least annually , in
conjunction with a regular bill , of the rates being
charged for operation , maintenance and replacement of
the treatment works .
Section 2 . This ordinance shall incorporate by reference ,
the latest sewer rate study officially adopted by the City
containing detailed information on the distribution of costs to
the various class of users .
Section 3 . This ordinance shall be severable . Should any
provision hereof be declared invalid by a Court of competent
jurisdiction , such invalidity shall not affect any other provision
hereof .
Section 4 . Should there be a conflict between this
ordinance and any agreement or contract between the City and any
user , the provisions of this ordinance shall govern .
Section 5 . The Board of Directors hereby determines that
regulating and reviewing sewer user charges is essential to
efficient administration of City Government ; that efficient
administration of City government is necessary for the public
welfare ; and , that the passage of this ordinance is necessary to
regulate and provide for the review of sewer user charges .
Therefore , an emergency is hereby declared to exist and this
ordinance , being necessary for the public welfare , shall be in
full force and effect from and after its passage and approval .
PASSED AND APPROVED this 4th day of August 1987 ,
APPROVED
By : �
MA( ill�irxJC/�L�
yor
g$T .
LIBFR �(�JO
mar 444
CERTIFICATE OF RECORD
I, Alma KollmcyeF, EirfNll eWb Rflfl
State of Arkansas ( Ex-officio Recorder (of Washinglon CoMVA
City Of Fayetteville ( SS Arkars:.s, 2u heresy c:.rflfy Iho! rhfi i11=
I, .Suzanne C. Kennedy, 1 Orumcn' w.rs 1 3C ' r r-cord in ; . ,.lice
City Clerk and os indrtc!cc ,-
Ex Officio recorder for the City of Fayetteville, r ,. ='d '.o :r. 't F .v
do hereby certify that the annexed or fore- duly ra«rr :_ ow;
and c<r if - :c f
going is of record in my office and the same a -
P Pave a. I. -
. pears in Ordinance & Resolution ':;oIN V/
iu f 3
at page - 1o7 Witness my ::f my f_ x
hand and sea] this-- ,7 cl!d
clay of
192. AfR r
Urc .d (.4_r9 nml
City Clerk and Ex-off:,(,ci. Zecorder +`ttx Id ^•o d--
R
Legal rigidus i UPI Notice: LeW Neum
systems for the storage, transferred monistIII M ED MIs MI WY of August,
treatment. recycling and returnee to Moir respective 1nL N
reclamation As municigl accounts within $11 (6) nMn' `APPROVED
saw•q, eemn+Ic Mwepe Or ton a ion final Year In ByzM llYnJMni
liquid Industrial wastes. which monln wore Whole- . .1 Mayo!
The" Include Intercepting M. - ATTEST
_ sewers. Oullall sewers. (3) My VNr won Inde his BY: SuunMMCWa11Y
saxage Collection systems. user charge is unjust ane In. CIry Clark
Pumping. Dower • e anew "unable MY make wllNM
"Wpmem ane Moir ap- appliCalsort ft the Director
pultmanc": extensions Public Works r"Vntl" •
Improvement, remodeling, review a his user charge.
cha .
additions and alterations Said written r"nw Man,
Maria: elements essential Where necessary, MOW a'
to Provide a reliable recycl- fuel or" timated flows
M supply such es stambY and/ostrength Of his
tnatmnt Mlfi eon clear wniws»r. Including haw
WBII faCillllep And •nY . the measurements woe
works. Including alta do. me".
• quiflllon a len lane that will A Mlew a ion request CNSAS
OIMAMCIA NO. 3Sal ge an integral part a the hall q made by the Public ee,
ORDINANCE AMEN- treatment process or Is Vs" Works DtreCtel and It
-DING CHAPTER St OF m Ultimate disposal a real. substantiated, the user ng10n
-DIN FAT VILLE Wtl rtlVlllng from such Charges lw that user Mall
)TH1'COOE OF ORDINANCES Ma1mM1 (Including lam W rK mWt" De me
TO RESTRICT INA USE m compnting Sludge. lam' rovlsm flow eM/w wrMODI
OF REVENUES FROM, Wary alwage a such Wm Chalaaellslltf. In Me Calls, hereby Certify that
SEWER USER CHARGES beatand land used for the howeveL Mall aIN»'arcn
AND TO PROVIDE FORA storage of treated or adjustments gemodem rot HENORTHWESTARK SAS TIMES• a dally newspaper
REVIEW OF SUCH wastewater In lend treat- Claims 41 SAMW s»MDM$ class mailing privilege, and Ing not less than four pages Of
.ml Systems lam IeY Man SW mp/t Suspend
CXwg lication): w any Other ant noun eon 340 ml✓1 a
THE BOARD OF DIREG ppMch. publlshetl at a fixed place o[ business ane at a fixed Idallyl
ITs.
BE T ORDAINED BY method or system ler BODS. W1sly 1n Me City of FayetteAlle. County of Washington. Arkansas
TORO OF THE CITY OF Ing, star dig, treating,
reeve' Any applicable
WthMfi will M cerlOtl of IWQIVe m0on15. ClrCulalpd and dISVIDUIetl from an
P A Y E T TE V IL L E ,
Ing, toning. hating. Wide Dla tO Me M#Dllllnp
.ARKANSAS: , seDaranng or dispoflnp a 'prion. - QOt business to WO4CrIber4 and readers generally Of allclasses
SMIon 1 That sewlde 4t, munlcipeI Waste Of Induml. (n The City M•fi MIw County for a definite price for each copy, or a fixed price per
cLa s FoYen a ilea Codes al Was». Including w stn» In IM lly add rvn at leaIna
rate - rice was CISCO al what is Considered Me value of the publication,
.OlelnaWM M smeMee by - sit ilwe stem ane asallY antl revin 1M rata p
•boor" gregreW (it) » nitssystems.Lift n quame ryto MWre M1 beds VBIYednd SerVlCe Value it COnIaIOS, 111al at least fitly percent
"roed asrolwwr Saln Daful ulv Mau ermw» revs teaCast W s thereto have paid Cash for thelrsubscriptlons to the newspaper
Id) (1) Dahu11Ms. Unlea m IM ntlmatn' Corrnt a »d » pay IM i a
ma cpntaa w.clncally In- during which a treatment Operation, memfingae, ane through recognized news clearers over a period of at least six
el of
f olMrwI the n. workawnl °iopirated. system emo and Mat ton I the mid newspaper publishes an average of more than forty
• 1ng a twos asst In rola Or (9) '•User Chaq•' Man system Continues ro prwlge
d�elMngw11 Mr ':••.fl. •mean MOt grll" a' tM Iw Ow pgptlMNeIMrIW. atter.
la "Ogr•IIM aIW M•IM1'rolot wastes sten service flon: a Operation, malntr
n '.a (a) all an i 1 charge which IS levied In a nonce: d replacement II( that the legal
Met at nwu m aK , mropw I at and adequate cgfi among Ova ane User Y g notice hereto attached In the matter of
p1et during ton In ex • for Ina t Of Olawf
Ilfe a IM,» ing I u ut OWCation, malnlenrce and The City shall notify seen ,�
for maHr t IaDOr. ' eD lsCemenl Of the user' w bast mmmiy. In �_
Millis._and♦ ls,, Is em, wastewater treatment Conlu+alM with • negro
•.viilt a-Ong'. sealY-. Iw V.glkf. 1011. Of Me rates ' Ming
Whic,managing and which ns+l ^ ml 'ya, water levolume charged for
rMoal relpx., Me regulardally issue of said newspaper for
lvOfb wNPO T h*'itsM_Imeawring and recording moot of the treatment
'opse
eration : - Tna`hrmIn- rtlODs as follows:
p"apwatlon Add mainM, , ,,,ice, lYby the
ane Witter
wwb. + scan , 1
Mnce' IOCIWH ' r"ISCF %lolled DY the Wile! S"}IM S. TnI$ orelMMo'
, menu •s defined In •depe"MM a Me CC" a Mall IKOIWr•» by lelsr- rtIon on Me Lad
day of 19 (L�
Replacement .. • . ':•-v1N.rx-Pnetlo•/ule. mce IM la»at sewer raft
_
M
"R"1•cemMlY"M•II R' IO INlnretlon%IaIOW' udy aflclany edapbd by
I (DI(b) eapenel»ra lw oP'.Madmean ONrO»Iquanllry ion City containing MNled rlion on the day of 19
talnln9 d Installing of water other than IIHGrmatln on the dls»IDP
eitwmr from both In. thin a costa » IM various
l ;a"UurtMs"n Which Oro
rf»a' ecce..ow . lu»atim and Mflw Without Claaausero. tion on the day of 19
elatingulMlng the source $acting S. This O IMMO
:lift ce h
storing ion vsaa from a t" plpn, pipe Man M saverabb. S ld
JoIlife a IIW ins+m.a wgrb Insertion on the
�ro matmaln ON capKltyaM manole connections, anr90rovbIM brant M
by Ca m welch Such .manna.., reg leaders, e"CM Inverse by a Con
wpks erne ealgM and, Cellar drain, rare drama s Competent jurisdiction,
alMin � .
e tr . • - wu dalna. foundationsprings seen Ian olth r p "1 a
(CI D tic Customer :am s drainsampy boar MHnq I•Ci airy other provision �/(/�-/-//,
Iw U»r" WII mean any',•M swampy arab Orion helm. \ SYb4CriDPd be(Ore me O Ih14t t / day 0(
Mb wweitw•afwf coolies C C•Kh storm Swilictmish A. Ib IMIOM
IM CIWS treatment Wvb Cooling rowan.rfterm notice tl myag MIS wOr p�7
wens Up, peMl or roar waters, surface VnalS, nWoWmY •gMmMiw .
Mats,w Wlldinglsusedm Street wash water, or CM»M' Mlwnn ttu City
Ali ewelllng W ..1 (1) eq. V s. al and any VgL IM allied GO -
(11 MunlclDall. 11 shall a MY distance Mall IOCZ
on1Y.i' diel\.:" , ' al f 4
lel "C6b Clai, IM US, man a clay, IPYIn, county, std.
- trial cuMeme! w U er": AC dish Public
ababy (in- S"tlon S. The Bard AS
Nol Public,
dear-
Shall mean all !wall Morn. CC ahw�Ilc COdv Ilm Directors herebyrat ' Ir
restaurants.. afore balm-• cludhp Imwmunlagl mines Hui rpulanng •M Expires:
Inge. tsW ries, ane Other .egXf:Ya M'Ow moreatM "viewing ewe user
p lit l ) �I .•'
Private WM Service rvice fOCCWIM enflllM titled Charges Is asentlel m all.
' atabllMmMfi �whlCh cam Under state IOW having clot edmints radon a City
»Igllei w•s»wam ro IM IVHedlwllndu trial) lOf Or Governments Chat
W+ efficient
City ON
Clry'swn stwi fm"t nth waste.Industrial
Mlnlibn ammma if neceaary M len
Mary. It rnir I ol. any such a .water dsewer, Ilcwaferot •M. MitM 1
non . It 0 11 nChi non- , pub _I{UTr1pS1,B`
hila tai user a Publicly such a• , tor, $error, �age a thb egulate a N
owned treatment works iem»rY. cer of. draineq. ry to regulate •M '1 :'/ .I ild
which I$' leentlned m the Uld wast. wdithe caIto' SProvideower for IM error s. �'_(-
standard Industrial public
waste a +pa widerntrol Sower Van Charges.Is
Classification Manuel, 1911, DlnDue M . pale. . declareemergencyd
Hereby dales" »nb+ eM _ s
Owned, a am ane (S) TM revenues from user- His wapeKw points Mai
wppfememad, lingrmerol chargesa itwI me Cit . vry m ine for
Wa 0.
Iptlng dlvlsbnM Division A shall a depmHed In a sepen fact M In 1 a Iwcf eon IN
- Agriculture, Fwntry, ane rale Man sending lune known pas redo and atter IM
FIMIm; Division B - Mlm O ion Operation. Melnre- pen Sgene ND AP
Ing: DWWH D - Manaac' none' and Replacement PASSED AND APPROV
Nring: Divltlon E - Trans. Pines. .J '
pMatbn. COmmunlcaMM. Final yeaf,efM bmleaaas
q
Electric, GAS meSanitary: in 1M Operation. Intl
•M Division l SIMICn. It nami a repinmisidNM
also Includes social , ipnert fofor
no what
a-
charitable, rellolons, and WIPOOo
eeucat» al Mlvitln Such ". averfles se organoay Mui
U Otis, nu churches, transferrsp iro msec rempwary
handl la nursing Mmes. »Cos In the cgratlMb
(for Inoltu IOnal and
maintenance, and replace-
L"Hbtivb IUdICbI• •d mann fund M•II M rammed
minlwrative and MOUlaldry to their respective accounts
MlvHln a Federal, 911 V awn a Spar Mager r adjust
Charge
aMIOCaI WVofnmMW art The user large ra»(w
lel any
Ar Works,," ll
M•II (Man arty gYICa ane "all M edlnlad a Mat the