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HomeMy WebLinkAboutOrdinance 4536 ORDINANCE NO, 4536 AN ORDINANCE AMENDING § 51 .137 OF THE CODE OF FAYETTEVILLE, TO ADJUST SEWER RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 51 .137 of the Code of Fayetteville is hereby repealed, and Exhibit " A" attached hereto and made a part hereof, is inserted in its stead. ,tYr F p yEr�: PASSED and APPROVED this 30th day of December, 2003. . ;� '•• r� APPROVED: r . . . � 1r � • 4 _ By: —A& oo DAN GOODY, Mayor �6/OM COQ ATTEST: { By: QI.RI� l� IWtA.tN ' SONDRA SMITH, City Clerk • EXHIBIT A 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 February 9, 2004 (*Across-the-Board Percentage; **Cost of Service Methodology) Residential* $ 2.61 Commercial/Industrial2.04 Outside city limits** 6.03 Elkins** 5.24 Table E-2 Monthly Sewer Quantity Charge - Usage Rates Per 1 ,000 Gallons After December 31, 2004 Residential* $ 2.84 CommerciaVIndustrial* 2.22 Outside city limits** 6.57 Elkins** 5.71 Table E-3 Monthly Sewer Quantity Charge - Usage Rates Per 1 ,000 Gallons After December 31, 2005 Residential* $ 3. 10 Commercial/Industrial* 2.42 Outside city limits** 7. 16 Elkins** 6.22 1 0 0 EXHIBIT A ( 1 ) Monthly service charge: Table F-1 Monthly Sewer Service Charge Table F-2 Monthly Sewer Service Charge Beginning February 9, 2004 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 1 inch 11 .34 16.28 1 inch 12.36 17.75 1 '/: inch 15.85 28.90 1 %: inch 17.27 31 .50 2inch 21 . 10 41 .51 2 inch 23.00 45.25 3 inch 46.31 97.02 3 inch 50.77 105.75 4 inch 77.51 160.09 4 inch 84.49 174.50 6 inch 149.26 317.78 1 6 inch 163.64 346.38 8 inch 232.26 475.47 1 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 '/a 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. 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) of this section to such average monthly water 2 • EXHIBIT A • 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. (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/1 of BODS and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Beginning After After February 9, 2004 December 31, 2004 December 31, 2005 ( 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 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 3 • EXHIBIT A • 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) Infiltration/inflow. 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. (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, 4 • EXHIBIT A • 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 of revenues; 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 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 5 • EXHIBIT A • 300 mg/l 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 of rates; 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. 6 NAME OF FILE: Ordinance No. 4536 CROSS REFERENCE: Item # Date Document 1 12/30/03 copy of special agenda copy of tentative agenda for sp. mtg. copy of Itr to Steve Tennant copy of Cost of Service Methodology draft ordinance 2 01/07/04 Affidavit of Publication 3 01/09/04 memo to Steve Davis NOTES: Final Agenda 14M4?0Id Jr� �37 Special City Council Meeting Public Hearing S' .a ea-`e5 December 30, 2003 A special meeting of the Fayetteville City Council will be held on December 30, 2003 at 4:30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: B. OLD BUSINESS: A Public Hearing concerning the adjustment of Sewer Rates 1 . Amend § 51.137 Monthly Sewer Rates: An ordinance amending § 51 . 137 of the Code of Fayetteville, to adjust sewer rates. This Ordinance was left on the first reading at the December 16, 2003 City Council meeting. C. NEW BUSINESS: 0 • Tentative Agenda Special City Council Meeting Public Hearing December 30, 2003 A special meeting of the Fayetteville City Council will be held on December 30, 2003 at 4:30 p.m. in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: B. OLD BUSINESS : A Public Hearing concerning the adjustment of Sewer Rates } 1 . Amend § 51 . 137 Monthly Sewer Rates : An ordinance amending § 51 . 137 of the Code of Fayetteville, to adjust sewer rates. This Ordinance was left on the first reading at the December 16, 2003 City Council meeting. C. NEW BUSINESS: FAYETT?MLLE wE 2� . �oNQ2A THE CITY OF FAYETTEVILLE, ARKANSAS November 19, 2003 Mr. Steve Tennant, City Attorney City of Farmington P.O. Box 150 Farmington, AR 72730 Dear Steve, As agreed, enclosed is the Cost of Service Methodology followed by Black and Veatch for the City of Fayetteville Water and Sewer rate study. Please let me know if you have any questions. Sincerely, Stephen Davis Finance and Internal Services Director cc: Don Marr, Fayetteville City Council Shirley Lucas, Fayetteville City Council Lioneld Jordan, Fayetteville City Council Kyle Cook, Fayetteville City Council Bob Davis, Fayetteville City Council Robert Reynolds, Fayetteville City Council Robert Rhoads, Fayetteville City Council Brenda Thiel, Fayetteville City Council 113WESTMOUNTAIN 72701 479521-7700 FAX 479-575-9257 J Fayetteville, Arkansas Cost of Service Methodology • Forecast number of accounts by class of customer based on historical growth trends and planned changes. • Determine usage per account by class of customer based on historical information, recognizing climatological patterns. • Forecast sales volumes by class of customer by application of usage per account to forecast number of accounts. • Distribute number of accounts by meter size and distribute sales volumes by volume blocks based on analysis of bills rendered during a 12 month period. • Forecast revenues under existing rates by application of existing rate schedule to customer and sales volumes. • Forecast revenues from miscellaneous sources such as interest, service initiation fees, late payment penalties, etc. • Forecast operation and maintenance expenses based on historical trends, budgets, and known or anticipated changes in operations, recognizing inflationary allowances. • Forecast routine annual capital additions and replacements based on historical trends and budgets. • Incorporate forecast revenues under existing rates and forecast revenue requirements into a pro forma financing plan to determine the timing and magnitude of future revenue increases and the timing and magnitude of future debt issues required to fund major capital improvements. • Verify that bond indenture requirements are met. • Determine the cost of service to be met through sales revenues, recognizing miscellaneous revenue sources and changes in funds on hand. Designate cost of service elements as operating expense or capital cost, as applicable. • Allocate cost of service to functional cost components. Water utility cost components include base cost (meeting average load conditions), extra capacity cost (meeting demands in excess of average) which are subdivided into maximum day and maximum hour demand, meter and billing related cost, and fire protection cost. Maximum day and maximum hour demands are based on historical system pumpage records. Sewer system cost components include sanitary volume, infiltration/inflow, strength (biological oxygen demand and suspended solids), and meter and billing related cost. • Allocate net plant investment to functional cost components based on the function of the facilities. • Allocate depreciation expense to functional cost components based on allocation of net plant investment. • Allocate operation and maintenance expense to functional cost components based upon the type of operating expense. • Determine units of service for each customer class based upon their respective requirements for each type of service. • Determine unit cost of service for each functional cost component by dividing the total cost of service for each cost component by the total units of service for each respective cost component. • Assign cost of service to each customer class by application of the unit cost of service for each functional cost component to the units of service for each customer class. • Under the utility basis of determination of revenue requirements, return on investment (dollars) is equal to total cost of service less operation and maintenance expense less annual depreciation. Return (dollars) to be recovered from outside City customers is determined by application of the rate of return (6%) to the unit cost for net plant investment for each functional cost component. The balance of the return (dollars) is recovered from inside City customers. • For the water utility, allocated cost of service is adjusted by reallocation of costs associated with public fire protection to residential, commercial, and industrial customers based on the respective cost of service of each customer class. • Allocated (or adjusted) cost of service by customer class is compared to revenue under existing rates to determine the indicated revenue increase required from each class of customers. • A schedule of proposed rates is designed to recover, as nearly as practical, the cost of service from each customer class. • The proposed rates are applied to forecast units of service for each customer class to verify that the proposed rate schedule generates revenues commensurate with the cost of providing service. • For the sewer utility, tests are performed to verify that operation, maintenance and replacement costs are recovered proportionately in accordance with Federal User Charge requirements. •0 I. 140AD RLW[ai*S►Lia AN ORDINANCE AMENDING § 51.137 OF THE CODE OF FAYETTEVILLE, TO ADJUST SEWER RATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That § 51.137 of the Code of Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead. PASSED and APPROVED this 30th day of December, 2003. APPROVED: By: ATTEST: By: SONDRA SMITH, City Clerk DAN COODY, Mayor EXHIBIT A - 12/12/2003 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 February 9, 2004 (*Across -the -Board Percentage; **Cost of Service Methodology) Residential* $ 2.61 Commercial/Industrial* 2.04 Outside city limits** 6.03 Elkins** 5.24 Table E-2 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons After December 31, 2004 Residential* $ 2.84 Commercial/Industrial* 2.22 Outside city limits** 6.57 Elkins** 5.71 Table E-3 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons After December 31, 2005 Residential* $ 3.10 Commercial/Industrial* 2.42 Outside city limits** 7.16 Elkins** 6.22 1 0• •• EXHIBIT A -12/12/2003 (1) Monthly service charge: Table F-1 Monthly Sewer Service Charge Beginning February 9, 2004 Meter Size Inside City Outside Cityt 5/8 inch $ 8.72 $ 8.72 3/4 inch 10.08 11.87 1 inch 11.34 16.28 1'/2 inch 15.85 28.90 2 inch 21.10 41.51 3 inch 46.31 97.02 4 inch 77.51 160.09 6 inch 149.26 317.78 8 inch 232.26 475.47 Table F-2 Monthly Sewer Service Charge After December 31, 2004 Meter Size Inside City Outside Cityt 5/8 inch $ 9.50 $ 9.50 3/4 inch 10.99 12.94 1 inch 12.36 17.75 1'/2 inch 17.27 31.50 2 inch 23.00 45.25 3 inch 50.77 105.75 4 inch 84.49 174.50 6 inch 163.64 346.38 flinch 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 3inch 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. 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) of this section to such average monthly water 2 • • .• EXHIBIT A -12/12/2003 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. (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 GODS and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Beginning After After February 9, 2004 December 31, 2004 December 31, 2005 (1) Extra Strength BOD5 --- $0.2246/lb. 0.2449/lb. 0.2669/lb. (2) Extra Strength TSS -----$0.1 123/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 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 3 EXHIBIT A -12/12/2003 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) Infiltration/inflow. 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. (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, 4 • EXHIBIT A - 12/12/2003 • 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 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 5 • EXHIBIT A -12/12/2' • 300 mg/l suspended solids and 300 mg/l of BOD5. (c) Any adjustments will be applicable to the next billing period. (4) Annual review by city; revision of rates; 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. 6 1S) tEl E VA Ia i_ 1 9 tW1Jf SI II U AFFIDAVIT OF PUBLICATION I, fJJcL /l /ld/%///�JJ/ do solemnly swear that I am Legdl. Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: t(O[ , was inserted in the regular editions on /"% ** Publication Charge: $ 1,`7 Subscribed and sworn to before me this 7 day of Tahµu✓y , 2004. My Commission Expires: 0 //ar/ao/S ** Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN -MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires '--25.2013 RECEIVED JAN 082094 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYEI I EVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE No. 4030 qw MI ORDINANCE AMENDING $61 .137 OF THE CODE OF PAYETTMLLE, TO ADJUST SEWER RATES. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY �L�� DF PAYETTEWLLE, ARIUCiIs? NSASs of Fayetteville section 1. That § 51.137 of the Code of Fayetteville is hereby apealed, and Exhlbit'Aattached hereto and made a part hereof, Is Inserted in Its stead. PASSED and APPROVED this 30th day of December, 2003. >PPROVED: By; DAN COODY, Meyer TEST; 3y: SONDRA SMITH, CHI Clerk $1.137 MenTIV Sewer Rate. A) Monthly sewer rate.. All monthly sewer charges Shad be calculated from the customers monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: It) MonMy Power quantity charge; Table Bd Monthly Sewer Quantity Charge - Usage Rates tin 7,000 Gallons Beginning Peln,ary S, 2004 ('Across -the -Board Percentage; "Cost of Service Methodology) Resldentlal' $ 2.61 CommercalAndustlt 2.04 Outside city limits" 6.03 Elkins" 5.24 Table E-2 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons After December 31, 2004 Residential' $ 2.84 Commerdallndushar 2.22 Outside city limits" 6.57 Elkins" 5.71 in 1r1 : Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons After December 31, 2005 ResidentaP $ 3.10 CommerdaOrdusthal' 2.42 Outside city limits" 7.16 Elkins" 6.22 1) Months service Marge: Table P-1 Monthly Sewer SeMce Charge Beginning February 9, 2004 Meter Size Inside City Outside Cityt 5/B inch $ 8.72 $ 8.72 3/41nch 10.08 11.87 1 Inch 11.34 16.28 1-1/2 Inch 15.65 28.90 2 Inch 21.10 41,51 3 inch 46.31 97.02 4 Inch 77.51 160.09 6 itch 149.26 317.78 8 inch 232.26 475.47 Table Fri Monty Sewer SeMce Charge After December 31, 9005 Mete She Inside Gry Outside Cityt 5/B Inch $ 10.36 $ 10.35 3/4 inch 11.98 14.10 1 Inch . 13.47 1935 1-1/2 Inch 21.99 34.33 2 Inch 31.44 49.32 3 inch 73.01 115.27 4 inch 120.26 19021. 6 Inch 238.37 377.56 81nch 356.48 564.90 7Cost of SeMce Methodology required by contract. Table Fri Monthly Sewer Service Charge After December 31, 2004 Meter Size Inside City Outside Cityt 5/8 inch $9.50 $9.50 3/4 inch 10.99 12.94 1 Inch 12.36 17.75 14/2 inch 17.27 31.50 21nch 23.00 45.25 3 inch 50.77 105.75 4 koh 84.49 174.50 6 inch 163.84 346.36 B Inch 253.16 518.26 (SI Determination of charge for domestic cuatomem. 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) of this section to such average monthly water consumption. In the case of a domestic user for whom a uniform monthly charge has been esablahed 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 schedue of rates shall be applied to monthly water usage until an average monthy water consumption has been established. The methodology shall not apply to multi-famly structures containing Me (5) or more units in a contiguous building. 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 ally'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 usedar all purposes does not reach the sanitary server which sin excess of the factors used in establishing the rates in subsection (AI of this section, an estimated percentage of total water consumption to be used' in computing purges 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 heroin by reference thereto. My 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. Rib. Strength Surcharge. For all convnercial and industrial customers whose wastewater' discharge is greater than 300 mg/I of BOD5 and/or TSS, the Cry shal levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: 7l ginning After After FeWuriryA2004 December31,2004 December31, 2005 Extra Strength BOD5--- $0.2246Ab. 0.2449Ab. 0.2669Ab Extra Strength TSS----- $0.1123Ab. 0.1224Ab. 0.1334Ab ra Strength Surcharges shall be billed monthly and shall be computed on the basis of water m ding (wastewater discharge volume). DetinMlcee. the purpose of this dMsion the following definitions shall apply unless the context clearly Indicate nines a different meaning: Commercial, Indust1al customer or user. All most stores, restaurants, office bandit tries, and other private business and service establishments which contrixites wastewater to "a wastewater treatment plant. It shell Include any nongovernmental, nonresidential user of put ned treatment works which is identified in the Standard Industrial Classification Manual, 1972, 0 and Budget, as amended and supplemented, under the strv. and Fsshsrc: OMelon B-Mi,rno: Division D-Manufacti nmulcaticns, Bectric, Gas and Sanitary; and Division I -Services. It also includes sodas, charitable, lbus, and educational actMties such as schools, churches, hospitals, nursing homes, penal itutbns and similar institutional users; legislative, judicial, administrative, and regulatory activities of 3ral, state and local governments. Domestic customer or user. My contributor of wastewater to the city's treatment works whose parcel, or reel estate, or building is used for domestic dwelling purposes any. InflR.edon/Inflow. The total quantity of water other than wastewater from both infiltration and w without distinguishing the source from defective pipes, pipe joints, connections, manholes, Readers, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy 3, cross connections, catch basins, cooling towers, stool, waters, surface runoffs. street wash water, Imsnage. Munidpallt A city, town, county, parish, district, association, or other public body (Including an r -municipal agency of two or more of the foregoing entities) created under state law having jurisdiction r disposal of sewage, industrial waste or other waste. The definition includes special districts such water, sewer, sanitary, utility, drainage, transport, or disposal of liquid waste of the general public in a titular geographic area. Opntlen and maintenance. Those functions that result in expenditures during the useful life he treatment works for materials, labor, utilities, and other items which are necessary for managing which such works were designed and constructed. The term operation and maintenance' includes acement. Replacement Expenditures for obtaining and Installing equipment, accessories, or appurtenances rh are necessary during the useful life of the treatment works to maintain the capacity and lormence for which such works ware designed and constructed. Treatment works. Any devices and systems for the storage, treatment, recycling, and reclamation nunidpal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, fall sewers, sewage collection systems, pumping, power, and other equipment and than xaterances; extensions improvement; remodeling, additions, and alterations thereof; dements entel to provide a reliable recycled supply such as standby treatment units and dear well facilities; I any works, including site acgolslion of the land that will be an integral part of the treatment process s used for ultimate disposal of residues resulting from such treatment Qncluding and for composting $ge, temporary storage of such compost, and land used for the storage of treated wastewater in and attract systems before and application); or any other method or system for preventing, abating, ucing, storing, treating, separating, or disposing of muddpal waste or industrial waste, inducing AS In combined storm water and sanitary sewer systems. Useful Ill.. The estimated period during which a treatment works will be operated. User charge. That portion of Me total wastewater service charge which is levied in a proportional I adequate manner for the cost of operation, maintenance and replacement of the wastewater anent works. I) Water major. A water volume measuring and recording device, furnished and installed by the :er department of the city. Deposit of rewnuse; fund. The revenues from charges collected by the dry shall be deposited in a separate non -lapsing fund win as the operation, maintenance, and repacerent fund. Fiscal year-end balances in the operation, maintenance end replacement fund shall be used for no or purpose than those designated. Moneys which may be transferred from other sources to meet corary shortages in the operations, manta ance, and replacement fund shall be returned to their pective accounts upon appropriate adjustment of the user charge rates. The user charge rates shall adjusted so that the transferred moneys will be returned to their respectle accounts within six nts of the fiscal year in which moneys were borrowed. Application for review; adluebnenb to user. My user who feels that the volume used to determine his bill is incorrect may make written locaton to the Director of Water and Wastewater requesting a review of his bill. The will request ill, where necessary, show actual or estimated flaws and/or strength of his wastewater, including how measurements were made. A review of the request shall be made by the Water and Wastewater Director and if substantiated, charges for that user shall be recomputed based on the reused flow and/or strength characteristics. to case, however, shall allowances or adjustments be made for dams of sewage strengths less than mgA suspended solids and 300 mgA of BUD5. Any adjustments will be applicable to the next billing period. Annual review by cltr revision of rates; notification of user. The city shall review the charges at least annually and revise the rates as necessary to ensure that quale reventies am generated to pay the cost of operation, maintenance, and replacement, and the system continues top for the proportional distribution of operation, maintenance, and actin Tat costs among users and user Gasses, notify each user at least a ualy. in conjunction with a regular bit, of the rates beh\ mad for opemibn, maintenance and rap,+:ament of the treatment works. AFFIDAVIT OF PUBLICATION I, —«� it. /LLL//Jci% , do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: was inserted in the regular editions on - 3 Po# Q�3-)151-0_ " Publication Charge: $ 2-1 cl o 5 Subscribed and sworn to before me this i9+h dayof_ Pecewa)fr ,2003. My Commission Expires: O7.25 of Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN -MICHAEL ARGO Notary Public-A.seg WASHINGTON COUNTY My Commission Expires 07-25.2013 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYEfTEVILLE, ARKANSAS 72702 • (501) 442-17OO 1 1 2) • • NOTICE OF PUBLIC HEARING The Fayetteville City Council will conduct a public hearing on December 30, 2003, at 4:30 P.M. on the new sewer rate ordinance §51.137 of the Fayetteville Code. The proposed readjusted rates are shown below: 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 February 9, 2004 (*Across -the -Board Percentage; **Cost of Service Methodology) Residential* $ 2.61 CommercialQndustrial* 2.04 Outside city limits** 6.03 Elkins" 5.24 Table E-2 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons After December 31, 2004 Residential* $ 2.84 Commercial/Industrial* 2.22 Outside city limits** 6.57 Elkins** 5.71 Table E-3 Monthly Sewer Quantity Charge - Usage Rates Per 1,000 Gallons After December 31, 2005 Residential* -$ 3.10 Commercial/industrials 2.42 Outside city limits** 7.16 Elkins** 6.22 I I • (1) Monthly service charge: Table F-1 Monthly Sewer Service Charge Beginning February 9, 2004 Meter Size Inside City Outside Cityt 5/8 inch $ 8.72 $ 8.72 3/4 inch 10.08 11.87 1 inch 11.34 16.28 I_ inch 15.85 28.90 2 inch 21.10 41.51 3 inch 46.31 97.02 4 inch 77.51 160.09 6 inch 14926 317.78 8 inch 232.26 475.47 Table F-2 Monthly Sewer Service Charge After December 31, 2004 Meter Size Inside City Outside Cityt 5/8 inch $ 9.50 $ 9.50 3/4 inch 10.99 12.94 1 inch 12.36 17.75 I_ inch 17.27 31.50 2 inch 23.00 45.25 3 inch 50.77 105.75 4 inch 84.49 174.50 6 inch 163.64 346.38 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 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. 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) 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 f } consumption has been established. This methodology shall not apply to multi -family structures containing five (5) or more units in a contiguous building. (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 BOD5 and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Beginning After After February 9, 2004 December 31, 2004 December 31, 2005 (1) Extra Strength BOD5 --- $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). 7I FAYETTE d I LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Steve Davis Finance & Internal Services From: Clarice Buffalohead-Pearman City Clerk Division Date: January 9, 2004 Re: Ordinance No. 4536 Attached is a copy of the above ordinance passed by the City Council December 30, 2003, amending § 51.137 of the Code of Fayetteville, adjusting the sewer rate. I've already given you a publication affidavit for the ordinance therefore I am attaching only the affidavit for the public hearing. These items will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor