Loading...
HomeMy WebLinkAboutOrdinance 4530 ORDINANCE NO, 4530 AN ORDINANCE AMENDING CHAPTER 51 , WATER AND SEWERS, OF THE CODE OF FAYETTEVILLE, TO CHANGE NOMENCLATURE; AND ADJUST WATER AND SEWER RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 51 : Water and Sewers, Code of Fayetteville is hereby amended by deleting all references to the "Public Works Director" and the "Water & Sewer Services Superintendent', and replacing them with "the Water & Wastewater Director or designee, or the Finance & Internal Services Director, or designee." Section 2. That § § 51 . 136 & 51 . 137 of the Code of Fayetteville are hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in their stead. PASSED and APPROVED this 2nd day of December, 2003 . APPROVED: ` / Y •`v� OWCOODY, a :•SONDRA SMITH, City Clerk I 0 0 EXHIBIT A 51.136 Monthly Water Rates Effective as of the first billing statements issued after December 31 , 2003, the following monthly rates shall be fixed as rates to be charged for water famished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged: (A) Monthly treated water rates. ( 1 ) The water usage of each customer shall be determined each month by meter measurement and the amount per 1 ,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. The minimum billing shall be 1 ,000 gallons per month. Table A M nthly Water Rates Usage Rate Inside City Outside City (Ingallons) First 10,000 $2.81 $3.52 Next 290,000 2.42 3.03 Next 1 .76 2.20 4,700,000 Over 1 .60 1 .98 5,000,000 (2) All bills under such 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. Applicable sales tax and franchise fees shall be added to the bill so computed. (3)When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (13) Monthly meter service charge. ( 1 ) In addition to the above, each customer shall pay a monthly meter service charge in accordance with the following schedule: 1 • EXHIBIT A • Table B Monthly Water Meter Service Charge Meter Size Inside City Outside City 5/8 inch $ 4. 16 $ 5.20 3/4 inch 4.42 5.54 1 inch 5.67 7. 12 1 %: inch 9.68 12.22 2 inch 13.97 17.67 3 inch 32. 18 40.79 4 inch 53.08 67.33 6 inch 105.88 134.39 8 inch 158.68 201 .44 (2) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after December 31 , 2003 . Customers served through the white river water district system will pay the outside city rate plus an additional $5 .94 per month. The Safe Drinking Water Act fee shall be added to these Monthly Water Meter Service Charges. (C) Monthly standby fire protection service charge. Charges for un-metered service connections inside the city limits for standby fire protection and fire hydrants shall be: Table C Monthly St ndby Fire Protection Service Charge Line Size Inside City Outside City 2 inch $ 6.60 $ 6.60 3 inch 19.80 19.80 4 inch 39.60 39.60 6 inch 110.00 110.00 8 inch 231 .00 231 .00 10 inch 396.00 396.00 2 • EXHIBIT A • (E) Monthly wholesale treated water rates outside city limits shall be: Table D Monthl Wholesale Treated Water Rates - Outside CityLimits Usage Rate Per 1 ,000 $ 2.01 Gallons Reduced demand 1 .81 Meter charge 55.55 (Based on Cost of Service Methodology) (F) Monthly charge for fire hydrants provided water by the city for municipalities and/or districts outside the city limits for billing statements issued after December 31 , 2003 shall be $7.70 per hydrant per month. 51.137 Monthly Sewer Rates. (A) Monthly sewer rates. All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: (1 ) Monthly sewer quantity charge: Table E-1 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons Beginning December 31, 2003 (*Across-the-Board Percents e; **Cost of Service Methodology) Residential* $ 2.61 CommerciaVlndustrial* 2.04 Outside city limits** 6.03 Elkins** 5.24 Table E-2 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons Beginning December 31, 2004 Residential* $ 2.84 CommerciaVlndustrial* 2.22 Outside city limits** 6.57 Elkins* * 5.71 Table E-3 Monthly Sewer Quan ty Charge - Usage Rates Per 1,000 Gallons Begin ng December 31, 2005 Residential* $ 3. 10 Commercial/Industrial* 2.42 Outside city limits* * 7. 16 Elkins** 6.22 3 • EXHIBIT A • (2) Monthly service charge: Table F-1 Monthly Sewer Service Charge Table F-2 Monthly Sewer Service Charge After December 31, 2003 After December 31, 2004 Meter Size Inside City Outside Cityt Meter Size Inside City Outside Cityt 5/8 inch $ 8.72 $ 8.72 5/8 inch $ 9.50 $ 9.50 3/4 inch 10.08 11 .87 3/4 inch 10.99 12.94 finch 11 .34 16.28 finch 12.36 17.75 P/2 inch 15.85 28.90 1 % inch 17.27 31 .50 2 inch 21 . 10 41 .51 2 inch 23.00 45.25 3inch 46.31 97.02 3 inch 50.77 105.75 4 inch 77.51 160.09 4 inch 84.49 174.50 6inch 149.26 317.78 1 6inch 163.64 346.38 8 inch 232.26 475.47 8 inch 253. 16 518.26 Table F-3 Monthly Sewer Service Charge After December 31, 2005 Meter Size Inside City Outside Cityt 5/8 inch $ 10.36 $ 10.35 3/4 inch 11 .98 14. 10 1 inch 13.47 19.35 1 %2 inch 21 .99 34.33 2 inch 31 .44 49.32 3 inch 73.01 115.27 4 inch 120.26 190.21 6 inch 238.37 377.56 8 inch 356.48 564.90 tCost of Service Methodology required by contract. (B) Determination of charge for domestic customers. (1 ) 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 (A) 4 i • EXHIBIT A of this section to such average monthly water consumption. 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. This methodology shall not apply to multi- family structures containing five (5) or more units in a contiguous building. (2) Each domestic customer shall be required to make a $50.00 service deposit with each application for sewer service. This service deposit shall be retained in trust, without interest, by the city finance department. When service to the depositor is discontinued permanently, said service deposit shall be applied to the final billing and the remainder, if any, returned to the depositor. (C) 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 (A) of this section 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 subsection (A) of this section, 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 and are incorporated herein by reference thereto. Any rate so adjusted by the water and sewer superintendent shall be effective for a 12-month period beginning with the billing for the month when rates adjudged hereby go into effect. (D) Extra Strength Surcharge. For all commercial and industrial customers whose wastewater discharge is greater than 300 mg/I of BODS and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: After After After December 31, 2003 December 31, 2004 December 31, 1005 (1 ) Extra Strength BODS --- $0.2246/lb. 0.2449/lb. 0.2669/lb. (2) Extra Strength TSS ----- $0. 1123/lb. 0. 1224/lb. 0. 1334/lb. Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (E) Definitions. For the purpose of this division the following definitions shall apply unless the 5 EXHIBIT A context clearly indicates or requires a different meaning: ( 1 ) Commercial, industrial customer or user. 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 nongovernmental, nonresidential 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-Transportation, Communications, Electric, Gas and Sanitary; and Division I-Services. It also includes social, charitable, religious, 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. (2) Domestic customer or user. Any contributor of wastewater to the city's treatment works whose lot, parcel, or real estate, or building is used for domestic dwelling purposes only. (3) Inf:ltration/infow. The total quantity of water other than wastewater from both infiltration and inflow without distinguishing the source from defective pipes, pipe joints, connections, manholes, roofleaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy area, cross connections, catch basins, cooling towers, storm waters, surface runoffs, street wash water, or drainage. (4) Municipality. A city, town, county, parish, district, association, or other public body (including an inter-municipal agency of two or more of the foregoing entities) created 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 particular geographic area. (5) Operation and maintenance. 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. (6) Replacement. Expenditures for obtaining and installing equipment, accessories, or appurtenances 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. 6 • EXHIBIT A • (7) Treatment works. Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting 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 storm water and sanitary sewer systems. (8) Useful life. The estimated period during which a treatment works will be operated. (9) User charge. 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. ( 10) Water meter. A water volume measuring and recording device, furnished and installed by the water department of the city. (F) Deposit ofrevenues; fund. (1 ) The revenues from charges collected by the city shall be deposited in a separate non-lapsing fund known as the operation, maintenance, and replacement fund. (2) Fiscal year-end balances in the operation, maintenance and replacement fund shall be used for no other purpose than those designated. Moneys which may be transferred from other sources to meet temporary shortages in the operations, maintenance, and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates. The user charge rates shall be adjusted so that the transferred moneys will be returned to their respective accounts within six months of the fiscal year in which moneys were borrowed. (3) Application for review; adjustments to user. (a) Any user who feels that the volume used to determine his bill is incorrect may make written application to the Director of Water and Wastewater requesting a review of his bill. The written request shall, where necessary, show actual 7 • EXHIBIT A 0 or estimated flows and/or strength of his wastewater, including how the measurements were made. (b) A review of the request shall be made by the Water and Wastewater Director and if substantiated, the 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/1 suspended solids and 300 mg/l of BODS. (c) Any adjustments will be applicable to the next billing period. (4) Annual review by city; revision ofrates; notification of user. (a) The city shall review the 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. (b) 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. 8 Amber Wood - Re: When we get questions concerning the effective date of the rate ordinance Page 1 From: David Whitaker To: Davis, Steve; Laycox, Rainy Date: 12/3/03 9:54AM Subject: Re: When we get questions concerning the effective date of the rate ordinance Couldn't have said it better! David J. Whitaker Assistant City Attorney City of Fayetteville, Arkansas 479. 575.8313 479. 575.8315 (FAX) >>> Steve Davis 12/03/03 09:52AM >>> The City Attorney's Office and the City Clerk's office will be making the last minute changes to the rate ordinance that was approved last night. The ordinance will be presented to the Mayor for signature. After the Mayor and City Clerk sign the ordinance it has to be published and becomes effective 31 days after publication. I would expect the ordinance to be published in Saturday's paper so the ordinance would become effective for water & sewer bills calculated after January 7. In answer to your question of how staff is to respond to question concerning the rate ordinance I think the most appropriate response would be along the lines of "the City Council adopted new water & sewer rates that will become effective 31 days from the date the ordinance is published. The tentative effective date for the ordinance is Jan 7. The rate increases are due to 1 ) increased cost of purchasing water from Beaver Water District and increased cost of operating the sewer system for the improvements approved by the voters in 2001 . The City had to begin land filling sludge to comply with environmental regulations. For additional information concerning the rate increase please see the City's web site." Stephen CC: Boettcher, Greg; Earnest, Hugh; Smith, Sondra NAME OF FILE: Ordinance No, 4530 CROSS REFERENCE: Item # Date Document 1 09/16/03 Istaff review form for 9/16/03 memo to mayor & city council draft ordinance draft ordinance copy of alternative water & sewer rates copy of Alternative 1 draft ordinance copy of Table W-19 copy of Table S-19 letter to Alderman Reynolds memo to mayor & city council letter to Mayor Wallace Brt-Elkins copy of Itr from Ark. Soil & Water Conservation Commission copy of proposed user charge system checklist copy of ASWCC Minimum Requirement copy of Black & Veatch Itr copy of Table S-9 copy of Table S-10 copy presentation topics copy of fax sheet to Heather Woodruff copy of draft ordinance copy of city council agenda item copy of memo to mayor & city council draft ordinance draft ordinance city clerk fax history faxed ordinance copy of email morning news copy of Fact Sheet 2 12/08/03 memo to Greg Boettcher 3 12/10/03 Affidavit of Publication NOTES: STAFF 41VIEW- -FORM - NON - FINANCIAL OBRGATION I XX AGENDA REQUEST O /v3 S For the Fayetteville City Council Meeting of : September 16, 2003 41530 FROM : �Ihl�r,ft 5 Greg Boettcher Water & Wastewater Dir. Water & Wastewater Stephen Davis Finance & Internal Services Dir. Finance & Internal Services Name Division Department ACTION REQUIRED : Approve an ordinance amending (Chapter 51 . 136 the monthly water rates, monthly meter service charge, monthly standby fire protection service charge, monthly wholesale treated water rates outside city limits (Table W- 19), add "Section 51 . 136 A(3) Customers may, when a common facility/building is served by multiple water meters and the water usage is for the same purpose for the water meters, petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated water quantity"; and amending monthly quantity charge, monthly services charge and extra strength surcharge (Table S-19), elimination of 51 . 137 B l and add "for domestic customers, the monthly wastewater charge shall be based on 85% of monthly water consumption"; add "Section 51 . 137 B(2) domestic customers with a single water meter and an existing irrigation system may petition the Water & Wastewater Director for extended time not to exceed 36 months from the adoption of tlip ordinance revisions to install an irrigation meter and be exempted from paying impact fees for the irrigation meter'; and mend the water and sewer ordinance (Chapter 51 ) to remove Public Wn�ctor, Water & Sewer Services Superintendent and replace with Water & Wastewater Director or designee and/or Finance & Intemal Services Director or designee, as appropriate. SUMMARY EXPLANATION : The City contracted with Black & Veatch to conduct a rate study in advance of the wastewater system improvements being completed. The rate study has been completed and contains the following recommendations: the water utility needs a rate adjustment of 10%. This rate adjustment is driven by the wholesale rate increase implemented by Beaver Water District. The wastewater utility needs a rate adjustment of 29.5% between 2003 and 2006. This rate adjustment is needed due to increased operational costs of the new wastewater treatment plant. The last time rates were adjusted for either utility was in 1997. STAFF RECOMMENDATION : Approve ordinance revisions. Received in Mayor ' s Office 3`�3 Division Head Date Dat$ - / City Atto ney Date Cross Reference : Depa nentDate ,C7 p — LSA} previous Ord/Res# : Filnnn�e' & Internal services Dir . WDa Date Orig . Contract Date : Orig . Contract Number : Chi ministr tive Officer New Item : w Yes NO No Mayor Date Nary /�