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repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in their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 /�
