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Home My WebLink AboutOrdinance 5125 ORDINANCE NO, 5125 AN ORDINANCE REPEALING AND REPLACING §51 . 139, USERS OUTSIDE CITY LIMITS WITH A NEW §51 . 139, REVIEWS OF WATER AND SEWER RATES, NOTIFICATION TO USER 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 . 139, Users Outside City Limits, of the Fayetteville Code of Ordinances, and adopts a new §51 . 139, Reviews of Water and Sewer Rates, Notification to User, as set forth in Exhibit A. attached hereto, and incorporate herein by reference as if set forth word-for-word in its entirety. "RKITR01 I `''�i PASSED and APPROVED this 15` day of April, 2008. �'G�E • ° ° • •�s ''%, Y APPROVED: ATTEST: c aFAYETTEVILLE : By: By: �seq";KANSP�J�,` DAN COO , Ma or SO RA E. SMITH, City Clerk/Treasurer '',;n''nu,uuua`GTON GO N, EXHIBIT A 51 .139 Reviews of Water and Sewer Rates, Notification to User (A) Periodic review by city; revision of rates. The city shall review the charges periodically 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) Notification of user. 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 wastewater treatment works. (Code 1965, .21 -26; Ord. No. 1165, 4-18-58; Ord. No. 3197, 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1- 3-89; Ord. No. 3491 , 7-17-90; Ord. No. 3637, .1 , 2, 8- 18-92; Ord. No. 4059, e2, 10-7-97; Code 1991 , §51 .137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 12-20-05; Ord. 4998, 4-3-07) s 0� U City of Fayetteville Staff Review Form City Council Agenda Items 5/ or Contracts 1 -Apr-08 City Council Meeting Date David Jurgens Water/Wastewater Water/Wastewater Submitted By Division Department Action Required: Approval of an ordinance updating the reviews of water and sewer rates and notification of users 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 . 139 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 N/A $0.00 Water/Sewer Project Number Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached 'A L Previous Ordinance or Resolution # 49-08 X14 Departm t Dir ctor Date Original Resolution Date: 4-Mar-08 Original Contract Number: N/A City Attorney Date Received in City Clerk's Office nnn n Z�wRE U `1 a 3 - �5 - oe D° Finance and Internal Service Director Date Received in Mayor's Office Mayor 0ate 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 Director Fayetteville Sewer Committee Date: 14 March 2008 Subject: Approval of an ordinance updating the reviews of water and sewer rates and notification of users RECOMMENDATION City Administration recommends approval of an ordinance updating the reviews of water and sewer rates and notification of users 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 . 139 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. This section is required to be contained within the code of ordinances. BUDGETIMPACT This rate change will increase the Water and Sewer Utility' s revenues to match projected needs. WS Rate Changc Scetion 139 CCMemoMarO8 ORDINANCE # AN ORDINANCE REPEALING AND REPLACING §51 . 139, USERS OUTSIDE CITY LIMITS WITH A NEW §51 . 139, REVIEWS OF WATER AND SEWER RATES, NOTIFICATION TO USER 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 . 139, Users Outside City Limits, of the Fayetteville Code of Ordinances, and adopts a new §51 . 139, Reviews of Water and Sewer Rates, Notification to User, 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 1St day of April, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 51 .139 Reviews of Water and Sewer Rates, Notification to User (A) Periodic review by city; revision of rates. The city shall review the charges periodically 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) Notification of user. 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 wastewater treatment works. (Code 1965, .21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197, 7-1-86; Ord. No. 3285, 84-87; Ord. No. 3398, 1 - 3-89: Ord. No. 3491 , 7-17-90; Ord. No. 3637, . 1 , 2, 8- 18-92; Ord. No. 4059, .2, 10-7-97; Code 1991 , §51 .137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 12-20-05; Ord. 4998, 4-3-07) (4.3.08) Clarice Pearman - Ords. 5124 thru 5127 Page 7 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 1 .12m CITY CITY CLERKS O FFICE Arkansas amo t oazette . . 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 5125 April 7, 2008 Publication Charge : $ 73 . 85 Subscribed and sworn to before me This g day of 2008. ENota'ry DRA D. BUSH Public— Arkansas ounty of Wuhington Notary Public X91 mmission Fm OI/082011 !!R^HY4F•A} hfC. My Commission Expires : C 1tl Do not pay from Affidavit, an invoice will be sent RECEIVED APR 1 1 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE '•�v. F§51.139 ORWNANCE NO. Stas DINANCE REPEALING AND REPLACING 1USERS OUTSIDE CRY LIMITS WITH A1.139, REVIEW$ OF WATER AND SEWERNOnI CATION TO USER OF THE FAYET-CODE OF ORDINANCES. ORDAINEDSY TNF CITY COUNCIL AHE CITY OF FAYETTEVILLE,SAfA 1. Thal the City Council of the City of Fayetteville. Arkansas hereby repeals §51.139, Users j t 'Outside City Limits, of the Fayetteville Code of Ordinances, and adopts a new §51.139. Reviews of i t Water and Sewer Rates, Notification to User, as set forth In Emibk A, attached hereto, and amorpo- rete herein by reference as h set f00 wptl-for-word In Its entirety. PASSED and APPROVED this 1st day of Apol, 2608. t APPROVED: ATTEST: AN GOODY, NgPr SONDRA L SNIT", CRT ClrKk/R�a.aaw • EXHIBIT 51.139 Reviews of Water and Sewer Rates, Notification to User (A) Periodic review by cit; revision of rates. The city shah review the charges periodically 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 disah bution of operation, maintenance, and replacement costs anong users and user classes. (B) Notification of user. The city shall notity each user at least annually, in conprncVan wlih a regm �I ler bill, of the rates being charged far operation, maimenance and replacement m the wastewater trealrnent works. (Code 1965, §21-26; Ord. No. 1165, 41858; Ord No: 3197, 7-1-86; Ord No 3285, 84b7; Ord. No. -- 3398, 1-3-89; Ord. No. 3491, 7-17-90; Ord. No. 3637, §§1, 2, 8-1892; Ord. No. 4059, §2, Ord. N7; Code 1991, §51.137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 1220-g5; Ord. 4998, 4-3-07) F