HomeMy WebLinkAboutOrdinance 5124 ORDINANCE NO. 5124
AN ORDINANCE REPEALING AND REPLACING §51 . 138,
DEFINITIONS PERTAINING TO WATER AND SEWER
RATES, OF THE FAYETTEVILLE CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals
§51 . 138, Abnormal Sewage Discharge, of the Fayetteville Code of Ordinances, and adopts a new
§51 . 138, Definitions Pertaining to Water and Sewer Rates, as set forth in Exhibit A, attached
hereto, and incorporate herein by reference as if set forth word-for-word in its entirety. ```��� TR,11l't
PASSED and APPROVED this Ist day of April, 2008. OF°s''P3
APPROVED: ATTEST: :: FAYETTEVILLE*
'i:
By: 1'4V1ZVBy: 9 �� �9sy RkANGTOtA
NSP�J?
DAN COODV, }/or SONDRA E. SMITH, City Clerk/Treasurer + + "
EXHIBIT A
51 .138 Definitions Pertaining to Water facilities/buildings.
and Sewer Rates
(F) Municipality. A city, town, county, parish,
district, association, or other public body
For the purpose of the sections pertaining to (including an inter-municipal agency of two
water and sewer rates, the following definitions or more of the foregoing entities) created
shall apply unless the context clearly indicates or under state law having jurisdiction over
requires a different meaning: disposal of sewage, industrial waste or other
waste. The definition includes special
(A) City of Farmington customer. Customer districts such as water, sewer, sanitary,
whose structure being served for water utility, drainage, transport, or disposal of
and/or wastewater is physically located liquid waste of the general public in a
within the incorporated limits of the City of
Farmington, Arkansas, who is served by the Particular geographic area.
City of Fayetteville for water and/or sewer (G) Non-residential customer or user. All
service. customers that do not meet the specific
(B) Inside City customer. Customer whose definitions of residential customers, irrigation
users, or major industrial users. Non-
structure being served for water and/or residential customers include but are not
wastewater is physically located inside the limited to retail establishments, restaurants,
incorporated limits of the City of Fayetteville,
AR. office buildings, laundries, governmental,
educational, social, charitable, religious,
(C) Infiltrationlnflow. The total quantity of water medical, penal institutions, poultry houses,
other private business and service
other than wastewater from both infiltration
establishments. It also includes industrial
and inflow without distinguishing the source users using less than an average of
from defective pipes, pipe joints, 5,000,000 gallons per month in the previous
connections, manholes, roof down spouts, calendar year.
cellar drains, yard drains, area drains,
foundation drains, drains from springs and
swampy areas, storm sewer cross (H) Operation and maintenance. Those
functions that result in expenditures during
connections, catch basins, cooling towers, the useful life of the treatment works for
storm waters, surface runoffs, street wash materials, labor, utilities, and other items
water, or drainage. Infiltration and Inflow are which are necessary for managing and for
specifically prohibited from being which such works were designed and
intentionally allowed into the sanitary sewer constructed. The term 'operation and
system. maintenance" includes replacement.
(D) Irrigation users. Irrigation users include (1) Replacement. Expenditures for obtaining
meters installed which serve primarily and installing components, equipment and
landscape irrigation systems and include appurtenances which are necessary during
city-owned meters which directly connect to the useful life of the treatment works to
the city water system (water only) or maintain the capacity and performance for
privately owned meters located downstream which such works were designed ' and
of a city-owned meter (exempt meters). constructed.
Meters which serve park properties, golf
courses, commercial nurseries and/or land
agricultural uses shall be classified as (�) Residential tfaf customer r user. Any
contributor of wastewater to the city's
irrigation except for meters at these locations treatment works whose dwelling in a single
which serve exclusively non-irrigation uses. family home, duplex, triplex, fourplex and/or
Exempt meters which serve uses other than any individually metered dwelling unit that is
landscape irrigation systems shall also be used for domestic dwelling purposes only.
considered irrigation and shall not be
considered commercial. (K) Treatment works. Any devices and systems
(E) Major industrial user. An industrial customer for the storage, treatment, recycling, and
who uses an average of 5,000,000 gallons or reclamation of municipal sewage, domestic
sewage, or liquid industrial wastes. These
more of metered water per month in the
include intercepting sewers, outfall sewers,
previous calendar year for non-irrigation use
at a common facility/building. This does not sewage collection systems, pumping, power,
and other equipment and their
apply to combined or consolidated sets of
bills for non-irrigation use at separate appurtenances; extensions improvement;
remodeling, additions, and alterations
EXHIBIT A
thereof; elements essential to provide a
reliable recycled supply such as standby
treatment units and Gear 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 stone water and sanitary
sewer systems.
(L) Useful life. The estimated period during
which a treatment works will be operated.
(M) 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.
(N) Water meter. A water volume measuring
and recording device, furnished and installed
by the water department of the city. In some
bulk water cases, primarily for construction
uses where a standard water meter cannot
be used due to large volume or water
velocity requirements, the water shall be
measured using a pilot gauge and a timer.
D,eD
City of Fayetteville
Staff Review Form S/a y
City Council Agenda Items A''t" 51, 131
or / l�
Contracts be4nI ftany
1 -Apr-08
City Council Meeting Date
David Jurgens Water/Wastewater Water/Wastewater
Submitted By Division Department
Action Required:
Approval of an ordinance changing the definitions pertaining to water and sewer rates based on the Cost of Service
Study developed by HDR Engineering with input provided by the public, staff, Water/Sewer Committee, and City
Council. Specifically, rescinding and replacing section 51 . 138 of the Fayetteville Code of Ordinances.
$0.00 $0.00 Water and Wastewater
Cost of this request Category / Project Budget Program Category / Project Name
N/A $ Water and Wastewater
Account Number Funds Used to Date Program / Project Category Name
s
N/A $0.00 Water/Sewer
Project Number Remaining Balance Fund Name
Budgeted Item XX Budget Adjustment Attached
Previous Ordinance or Resolution # 49-08
Depart ant Dil ctor Date Original Resolution Date: 4-Mar-08
Original Contract Number: N/A
City Attorney Date
Received in City Clerk's Office
CL Rdx. tl " W 11
Finance and Internal Service Director Date
Received in Mayor's Office
Mayor ( Date
Comments:
City Council Meeting of April 1 , 2008
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru : Mayor Dan Coody
From : David Jurgens, Water and Wastewater Direct
Fayetteville Sewer Committee
Date: 14 March 2008
Subject: Approval of an ordinance changing definitions pertaining to water and sewer rates
RECOMMENDATION
City Administration recommends approval of an ordinance changing the definitions pertaining to water
and sewer rates based on the Cost of Service Study developed by HDR Engineering with input provided
by the public, staff, Water/Sewer Committee, and City Council . Specifically, rescinding and replacing
section 51 . 138 of the Fayetteville Code of Ordinances.
BACKGROUND
HDR, with input from City staff, has finalized the water and sewer rate study. The fundamental
information was first presented to the City Council Water and Sewer Committee by Tom Gould, HDR,
on July 27, 2007, and to the City Council on March 4, 2008.
DISCUSSION
The rate study reflects the following policy guidelines, as adopted by the Council on March 4, 2008 :
1 . The City shall adopt 'a cost of service rate schedule based on customer class.
2. The City shall use volumetric blocks within selected rate classes as appropriate:
- Residential shall have an increasing block to reduce the cost burden of life critical water uses,
encourage conservation, and capture system 'costs of irrigation through residential meters;
- Non-residential shall have a declining block to match the reduced volumetric cost of service for
larger non-residential users;
- Industrial shall use a declining block to match the reduced volumetric cost of service for major
users.
3 . Rates shall be phased to true cost of service over several years.
4. A 3% annual increase shall be used thereafter to offset inflation.
5. All legitimate non-emergency water consumption shall be metered and billed at an appropriate rate.
These definitions have to be updated to reflect the above change in rate application to match the
customer classes by which the rates are being applied.
BUDGETIMPACT
This rate change will increase the Water and Sewer Utility' s revenues to match projected needs.
WS Rate Change Section 138 CCMemoMat08
ORDINANCE #
AN ORDINANCE REPEALING AND REPLACING §51 . 138,
DEFINITIONS PERTAINING TO WATER AND SEWER
RATES, OF THE FAYETTEVILLE CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals
§51 . 138, Abnormal Sewage Discharge, of the Fayetteville Code of Ordinances, and adopts a new
§51 . 138, Definitions Pertaining to Water and Sewer Rates, as set forth in Exhibit A, attached
hereto, and incorporate herein by reference as if set forth word-for-word in its entirety.
PASSED and APPROVED this day of April, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SNUTH, City Clerk/Treasurer
EXHIBIT A
51 .138 Definitions Pertaining to Water facilities/buildings.
and Sewer Rates
(F) Municipality. A city, town, county, parish,
For the purpose of the sections pertaining to district, association, or other public body
water and sewer rates, the following definitions (including an inter-municipal agency of two
or more of the foregoing entities) created
shall apply unless the context clearly indicates or
requires a different meaning: under state law having jurisdiction over
disposal of sewage, industrial waste or other
(A) City of Farmington customer. Customer waste. The definition includes special
whose structure being served for water districts such as water, sewer, sanitary,
and/or wastewater is physically located utility, drainage, transport, or disposal of
liquid waste a
within the incorporated limits of the City of the general public in a
Farmington, Arkansas, who is served by the Particular geographic
phic area.
City of Fayetteville for water and/or sewer (G) Non-residential customer or user. All
service. customers that do not meet the specific
(B) Inside City customer. Customer whose definitions of residential customers, irrigation
users, or major industrial users. Non-
structure being served for water and/or residential customers include but are not
wastewater is physically located inside the limited to retail establishments, restaurants,
incorporated limits of the City of Fayetteville, office buildings, laundries, governmental,
AR. educational, social, charitable, religious,
medical, penal institutions, poultry houses,
(C) lnfiltretion�nflow. The total quantity of water other private business and service
other than wastewater from both infiltration establishments. It also includes industrial
and inflow without distinguishing the source users using less than an average of
from defective pipes, pipe joints, 5,000,000 gallons per month in the previous
connections, manholes, roof down spouts, calendar year.
cellar drains, yard drains, area drains,
foundation drains, drains from springs and (H) Operation and maintenance. Those
swampy areas, storm sewer cross functions that result in expenditures during
connections, catch basins, cooling towers, the useful life of the treatment works for
storm waters, surface runoffs, street wash materials, labor, utilities, and other items
water, or drainage. Infiltration and Inflow are which are necessary for managing and for
specifically prohibited from being which such works were designed and
intentionally allowed into the sanitary sewer constructed. The tens "operation and
system. maintenance" includes replacement.
(D) Irrigation users. Irrigation users include (I) Replacement. Expenditures for obtaining
meters installed which serve primarily and installing components, equipment and
landscape irrigation systems and include appurtenances which are necessary during
city-owned meters which directly connect to the useful life of the treatment works to
the city water system (water only) or maintain the capacity and performance for
privately owned meters located downstream which such works were designed and
of a city-owned meter (exempt meters). constructed.
Meters which serve park properties, golf
courses, commercial nurseries and/or land (�) Residential customer or user. Any
agricultural uses shall be classified as contributor of wastewater to the city's
irrigation except for meters at these locations treatment works whose dwelling in a single
which serve exclusively non-irrigation uses. family home, duplex, triplex, fourplex and/or
Exempt meters which serve uses other than any individually metered dwelling unit that is
landscape irrigation systems shall also be used for domestic dwelling purposes only.
considered irrigation and shall not be
considered commercial. (K) Treatment works. Any devices and systems
for the storage, treatment, recycling, and
(E) Major industrial user. An industrial customer reclamation of municipal sewage, domestic
who uses an average of 5,000,000 gallons or sewage, or liquid industrial wastes. These
more of metered water per month in the include intercepting sewers, outfall sewers,
previous calendar year for non-irrigation use sewage collection systems, pumping, power,
at a common facility/building. This does not and other equipment and their
apply to combined or consolidated sets of appurtenances; extensions improvement;
bills for non-irrigation use at separate remodeling, additions, and alterations
EXHIBIT A
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.
(L) Useful life. The estimated period during
which a treatment works will be operated.
(M) 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.
(N) Water meter. A water volume measuring
and recording device, fumished and installed
by the water department of the city. In some
bulk water cases, primarily for construction
uses where a standard water meter cannot
be used due to large volume or water
velocity requirements, the water shall be
measured using a pilot gauge and a timer.
(4.3.08 Clarice Pearman - Ords. 5124 thru 5127 Page 1
From: Clarice Pearman
To: Jurgens, David
Date: 4.3.08 10:41 AM
Subject: Ords. 5124 thru 5127
Attachments: 5123 Amend 51. 136 Mo Water Rates.pdf; 5125 Amend 51. 139 Reviews & Notificat
ion.pdf; 5124 Amend 51. 138 Definitions.pdf; 5126 Amend 51. 144 Water Tank Ra
tes.pdf; 5127 Amend 157.05 and 171.05.pdf
CC: Audit
David:
Attached are copies of the above ordinances amending Chapter 51. Please let me know if there is anything else needed for
these items. Have a good day.
Thanks.
Clarice
RECEIVED
APR 112009
TEVILLE
e sas DemOcnir `�,..axrjeW CITY OF ERWSFAYEOFFICE
�+ 1Q�. ,`IEY1 CITY CLERK'S OFFICE
• •
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas , (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville- Ordinance 5124
April 7, 2008
Publication Charge : $ 174 . 08
Subscribed and sworn to before me
This 'K day of 6LI j 2008.
ENotaty
NDRA D. BUSH Public — ArkansasCounty of WashingtonNotary Publicn,,,n, wsMner�. nunaaon
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent
RECEIVED
APR .i i zoos
ORDINAMM NO. 5124 CI�TM F Fr, eRAYKB 0FFI ICB
' N ORDINANCE REPEALING AND REPLACING )01
31.138, DEFINITIONS PERTAINING TO WATER 11
OjJD SEWER RATES. OF THE FAYEREVILLE CODE
GF
ORDINANCES.
` rU IT OMAI NT THE CIT/ COUNCIL ARKANSAS
'
OF TNR CITY OF FAYETTEVILLE, -
MKAN"$!
Section 1. That the City Council of Me City of Fayetteville. Arkansas hereby repeals §51.138,
Abnormal Sewage Discharge, of the Fayehevllle Cade of Ordinances, and adopts a new §51.138.
1P1111
Pertaining to Water and Sewer Oates, as set forth in Exhibit A, attached hereto, antl incur-
ereinbyreferencees If set faith vrord-fawrortl In Its entirety.
.rte AFFxovio INS tat day m Apel, zgoe.
'b KPROVED: ATTEST:
B B
IPAN COODVr Naym SONDRA E. SMITH, Cid ClarknV@a rot
Exhibit A
! 51.138 Definitions Penning w Water end Sewer Rates
` For the purpose of the sections pertaining to water and sewer rates, the following definitions shah
adply anises the context clearly indicates or requires a different meaning:
(A) City of Farmington customer Customer whose structure being served for water and/or waste-
water is physically located Within the incorporated limits of the City of Fermngton. Arkansas, who Is
paved by the City of Fayetteville for water and/or sewer service.
w (R) Inside City customer. Customer whose structure being served for water and/or wastewater Is
physically located inside the incorporated linits of the City of Fayetteville, AR.
(C) InfhratbMnflow. The total quantity of water other than wastewater from both Infiltrationand
1pflow without distinguishing the source from defective pipes, pipe joints, connections, manholes,
foal down spouts, celar drains, yard drains, area draire, foundation drains, drains tram springs and
*arpy areas, Storm sewer crass connections, catch basins. coding towers, stomt waters, surface
ponmeet reet wash water, a drainage. Infiltration and inflow are specifically prohibited from being
mentionahy allowed into the sanitary sewer system.
(D) Imgalon users. Imig9ibn users Include meters installed Which serve primarily landscape iniga.
L matin systems and include clty,owmed meters which directly connect to Me city water system (water
It 9*)a pdvately awned meters boated dowmsbem win
uof a city- ed meter (exempt meters). Meters
r Which serve park properties, golf courses. commercial nurseries and/or land agricWtural uses shall i
`
his classified as litigation except for meters at these locations which serve exclusively norinigation r
uses. Exempt meters which Serve uses other than landscape litigation systems shall also be can.
'ddered irrigation and shall nm be considered commercial.
4E) Major Industrial user. An Industrial customer who uses an average of 5,000,000 gallons or more
'df metered water per month in the previous calendar year for ion4rigatlon use at a canon facill.
tylbWding. TNS does not apply to combined or consolidated sets of bills for non-Mlgatlon use at
separate facllflieslbubings.
SF) Municipality. A city, town, county. parish, district. association, or other public body (including an
Imer+renkipal agency of two or more of the foregoing enUUes) created most state low having juris-
bblion ever disposal of sewage, Industrlel waste or Omer waste. The definition includes special dis- t
tr(ms such
as water, sewer, sanitary, utility. drainage. transport, or disposal of liquid waste of the gen-
public: In a particular geographic area.
(0) Nom-residontlal customer a user. All customers Mat W not meet the specific definitions of mS-
Idemlal castaners, Irrigation users, or major edustnal were. Non-suldential customers Include but
L are not limbed b Wag establishments. restaurants, office buidings, laundries, governmental, mu-
' catbrlal, somal, charitable, religious, medical, penal Institutions, poultry hoses, Other private bust-
' Fess and•GOMM establishments. It also Indudes Industrial users using less than an average of
5 000,0)0 gallons par month n the previous calendar year.
(A� Operation and maintenance. Those functions that result In expenditures during the useful life of
girommem works is materials, labor, ulilitles, and other Items which are necessary tor Managing
for Which such works were designed and constructed. The Is" -operation and maintenance'
Yjcludes replacement.
( Replacement. Expenditures for obtaining and irealling components, equipment and appune,
fiances 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.
u) Residential customer or use. Any contributor of wastewater to the citys meatrnent works whose
dwelling In a single family home, duplex, triplex, fourplex and/or any Individually metered dwelling
unit Mat is used for domestic dwelling purposes only. I
- (K) Treatment Works. Any devices and systems for the storage, Irealment, recycling, ant reclama-
tion of municipal sewage, domestic sewage, a liquid Industrial wastes. These Include Intercepting
ali outfall sewers, sewage collection systems, pumping, power, and other equipment and their
appurtenances; amansbns Improvement: remoming, additions, and alterations thereof: elements
flat to provide a reliable recycled supply such es standby treatment units and clear well facl4
Ities; and any works, Including site acquisition of the land that will be an Integral pan of the treatment
processor Is used for ultimate disposal of residues resulting from such treatment (Including land for
composting sludge, temporary storage of such compost, end land used for Me storage of treated
,wastewater In land meatment systems before land application): or any Other m mMI or system lor
prevmang, abating. reducing, storing, treating, separating, or disposing of municipal waste Or
Industrial waste, Including waste in combined storm water and Germany sewer systems. f
r (L) Useful life. The ¢seined period during which a trestrnem works will be operated.
(M) User charge. That portion of the total wastewater service charge Which is Ivied In a propor-
tional and adequate manner for the cost of operation, malmename and replacement of Me wasta-
54 er treamem works.
Water maker. A ureter volume measuring and recording device, furnished and Installed by the
wets depenmlm of the city. In same bulk water cases, primarily for construction uses where a sten-
t stand water mater cannot be used due to large volume or ureter velocity requirements, the Water shall
be measured using a plot gauge and a timer.