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HomeMy WebLinkAboutOrdinance 5129 ORDINANCE NO, 5129 AN ORDINANCE REPEALING AND REPLACING § 51 . 1379 MONTHLY 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 . 137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances, and adopts an amended version of §51 . 137, Monthly 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. 41 .v�10;JT , m A, v�5 Y °OF SGp PASSED and APPROVED this 15 day of April, 2008. ; ,° APPROVED: ATTEST: ; FAYETTEVILLE ; 4. 'eeeefe;/GTON uuuuu By: By:� v DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 51 .137 Monthly Sewer Rates Table D-3 Monthly Sewer Rates Per 1 ,000 Gallons After (A) Monthly sewer rates. December 31 , 2009 (1 ) All monthly sewer charges shall be Class Usage Rate Cost per calculated from the customer's monthly In Gallons 1 ,000 aallons water usage. The following monthly rates First 2,000 $3.07 are hereby fixed as rates to be charged for Residential gallons sewer services: Greater than 4 10 2,000 gallons Table D-1 Non-Residential All Usage 3.10 Monthly Sewer Rates Per 1 ,000 Gallons Before Major Industrial All Usage 3.21 January 1 , 2009 Farmingon All Usage 5.28 Class Usage Rate Cost per Outside city In Gallons 1 ,000 gallons y All Usage 5.74 Residential First 2,000 $3.10 85% of allons metered water 3.64 Greater than Elkins usage 2,000 3.10 Usage above gallons 85% of 1 .91 Non-Residential All Usage 2,42 metered water usage Major Industrial All Usage 2.42 Farmington All Usage 4.66 Table D-4 Monthly Sewer Rates Per 1 ,000 Gallons After Outside city All Usage 4.66 December 31 , 2010 85% of Usage Rate Cost per metered 2,81 Class In Gallons 1 ,000 gallons Elkins water usage First 2,000 Usage Residential gallons $3.14 above 85% 1 .98 Greater than 4.18 of metered 2,000 gallons water usage Non-Residential All Usage 3.18 Table D-2 Major Industrial All Usage 3.40 Monthly Sewer Rates Per 1 ,000 Gallons After Farmingon All Usa a 5.44 December 31 , 2008 Outside city All Usage 5.91 Class Usage Rate Cost per 85% of In Gallons 1 ,000 gallons metered water 3.75 First 2,000 Elkins usage Residential gallons $3.00 Usage above Greaterthan 85% of 1 .96 2,000 4.00 metered water gallons usage Non-Residential All Usage 3.02 (2) Beginning January 1 , 2012, all monthly Major Industrial All Usage 3.03 sewer quantity charge- usage rates per Farmington All Usage 5.13 1 ,000 gallons shall be increased by 3% Outside city All Usage 5.57 per year. 85% of (3) Sewer related fees levied by the Cities metered 3.53 of Farmington or Greenland shall be Elkins water usage added to the wastewater utility bill at the Usage request of Farmington or Greenland. above 85% 1 .85 These fees may be calculated on a per- of metered thousand volumetric usage or a per water usage month basis. (B) Monthly sewer service charge. (1) In addition to the above, each customer shall pay a monthly sewer service EXHIBIT A charge in accordance with the following 1 % inch 28.00 43.60 40.10 schedule: 2 inch 40.05 57.60 53.05 Table E-1 Monthly Sewer Service Charge 3 inch 93.00 133. 10 122.30 Prior to January 1 , 2009 4 inch 153.25 219.20 201 .50 Meter Inside Outside Farmingtont 6 inch 303.70 434.50 400.00 Size City Cityt 8 inch 454.20 650.00 597.30 5/8" x 3/4" $ 10.36 $ 10.35 $ 10.35 tCost of Service Methodology required by contract. 1 inch 13.47 19.35 19.35 1 % inch 21 .99 34.33 34.33 (2) Beginning January 1 , 2012, all monthly 2 inch 31 .44 49.32 49.32 sewer service charges shall be increased by 3% per year. 3 inch 73.01 104.40 104.40 4 inch 120.26 171 .97 171 .97 (C) Determination of sewer quantity charge for residential customers. 6 inch 238.37 340.87 340.87 8 inch 356.48 509.76 509.76 (1 ) In the case of residential customers residing in a single family home, duplex, triplex, and/or fourplex, the average Table E-2 Monthly Sewer Service Charge monthly water consumption for the After December 31 , 2008 preceding months of December, Meter Inside Outside January, and February shall be Size City Cityt Farmingtont computed separately for each customer, 5/8" x '/." $ 12.45 $ 12.40 $ 11 .40 and a uniform monthly charge for each customer shall be determined by 1 inch 16.20 23. 10 21 .30 applying the schedule of rates set out in V/2 inch 26.45 41 . 10 37.80 subsection (A) of this section to such 2 inch 37.80 54.30 50.00 average monthly water consumption. In the case of a residential user for whom 3 inch 87.75 125.50 115.30 a uniform monthly charge has been 4 inch 144.50 206.60 189.85 established and who moves to a new location the same uniform monthly 6 inch 286.45 409.60 376.40 charge shall apply at the new location. 8 inch 428.40 612.60 1 563.00 In the case of new residential customers, sewer averages shall be established based on the number of Table E-3 Monthly Sewer Service Charge individuals residing within the dwelling After December 31 , 2009 unit, at a rate of 2,100 gallons per Meter Inside Outside customer per month. This methodology Size City Cityt Farmingtont of sewer averaging shall not apply to 5/B" '/." $ 12.80 $ 12.80 $ 11 .70 multi-family structures containing five (5) X or more units in a contiguous building. 1 inch 16.65 23.80 21 .90 1 '/, inch 27.15 42.30 38.90 (2) In the case of sewer customers who do not have a water meter provided by a 2 inch 38.85 55.90 51 .50 public water utility, the sewer usage 3 inch 90.20 1 129.25 1 118.75 volume billed shall be the average 4 inch 148.60 212.80 195.55 volume of all users in the sewer system in like dwellings from the most recent 6 inch 294.50 421 .88 387.70 system-wide sewer average calculation. 8 inch 440.45 631 .00 579.90 (D) Determination of charge for non-residential and major industrial customers. In the case Table E-4 Monthly Sewer Service Charge of non-residential and/or major industrial After December 31 , 2010 customers, the monthly sewer charge shall Meter Outside be determined by applying the schedule of Size Inside City Cityt Farmingtont rates prescribed in subsection (A) of this 5/8" Size $ 13.20 $ 13.20 $ 12.10 section to the monthly water usage of such customers. In the event that a non- 1 inch 17. 15 24.50 22.60 residential or major industrial customer discharging waste into the city's sanitary EXHIBIT A sewer system produces evidence to the Water and Wastewater Director v = Sewer volume in million demonstrating that a substantial portion of gallons the total amount of water from all sources 8.34 = Pounds per gallon of water used for all purposes does not reach the sanitary sewer which is in excess of the BOD unit = Unit charge for BOD in factors used in establishing the rates in charge dollars per pound subsection (A) of this section, an estimated percentage of total water consumption to be BOD = BOD strength index in parts per million used in computing charges may be established by the Water and Wastewater 300 = Allowed BOD strength in parts Director. The factors used in establishing per million said rates are on file in the Office of the SS unit = Unit charge for suspended Water and Wastewater Director and are charge solids in dollars per pound incorporated herein by reference thereto. Any rate so adjusted by the Water and SS = Suspended solids strength Wastewater Director shall be effective for a index in parts per million by 12-month period beginning with the billing for weight the month when rates adjudged hereby go _ into effect. 300 - Allowed SS Strength in parts per million by weight (E) Extra Strength Surcharge. (F) Elkins sewer charges. (1) For all commercial and industrial customers whose wastewater discharge (1 ) Elkins' payment for wastewater is greater than 300 mg/I of BODS and/or treatment shall be based on 85% of the TSS, the City shall levy an Extra metered water purchased. The volume Strength Surcharge for each parameter of wastewater received by Fayetteville in accordance with the following unit at the "Point of Connection" shall be charges: measured by the installed wastewater meter. Volumes of wastewater below or Table F3 Extra Stren th Surcharges above the agreed upon percentage Before After After After (85%) of metered water, as measured 1/1/08 12/31/08 12/31/09 12/31/10 by the wastewater meter, shall be Extra $0.2669 $0.3336 $0.4170 $0.4421 recorded on a monthly basis, with a Strength per per per per reconciliation of the net difference to BODS pound pound pound pound occur semiannually in June and Extra $0. 1334 $0.1668 $0.2084 $0.2209 December. If the reconciliation volume Strength per per per per is over the agreed upon percentage, this TSS pound pound pound pound amount shall be billed to Elkins in June and December at the actual computed (2) Extra Strength Surcharges shall be cost of wastewater collection to and billed monthly and shall be computed on treatment at the Noland Wastewater the basis of water meter reading Treatment Plant, not including the (wastewater discharge volume). calculated rate of return and not including depreciation charges, but (3) Starting after December 31 , 2011 , Extra including any capacity surcharge, based Strength Surcharges shall be increased on the most recent rate as determined in by 3% per year. paragraph B of this Contract. If the reconciliation volume is below the (4) Computation of extra strength agreed upon percentage, the actual surcharges shall be based on the amount billed for the difference shall be following formula: refunded to Elkins in June and December (a) Extra strength surcharge: (2) Elkins impact fee charges. The City of S = V x 8.34 x [BOD unit Elkins shall pay an additional $0.25 per Charge (BOD - 300) + SS unit 1 ,000 gallons of wastewater, for all Charge (SS - 300)] wastewater volume charges including both the 85% of metered water volume (b) Where: and for wastewater in excess of the 85% S = Surcharge in dollars of the metered water purchased billed volume. oma City of Fayetteville gll6lb8 Staff Review Form [j /ci, City Council Agenda Items Ayd 51� �� or p Contracts �B, ErlPitf�s 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 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 . 137 of the Fayetteville Code of Ordinances, and hold a public hearing. $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 �J Previous Ordinance or Resolution # 49-08 l !1 rc b q Depart nt Dir ctor Date Original Resolution Date: 4-Mar-08 t P / Original Contract Number: N/A • �91d City Attorney Date Received in City Clerk's Office `Pa..7l 0. 3 - 1�i -o9 3 '� Finance a ternal Service Director Date Received in Mayor's Office EN EAEO Ma r 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 Director Fayetteville Sewer Committee a� Date: 14 March 2008 Subject: Approval of an ordinance changing the sewer rates, and holding of a public hearing discussing these rate changes on I April, 2008 during the City Council meeting. RECOMMENDATION City Administration recommends approval of an ordinance changing the 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 . 137 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. State codes dictate a schedule and sequence of events for any change in sewer rates. These require that the rate change ordinance be read, a public hearing be scheduled and announced, the ordinance be published, and the public hearing take place at least ten days after the initial reading and publication of the ordinance. The rate ordinance can be approved any time after the public hearing. 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. BUDGET IMPACT This rate change will increase the Water and Sewer Utility' s revenues to match projected needs. WS Rate Change section 137 CCMcmoMar08 ORDINANCE # AN ORDINANCE REPEALING AND REPLACING §51 . 137, MONTHLY 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 . 137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances, and adopts an amended version of §51 . 137, Monthly 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. SMITH, City Clerk/Treasurer EXHIBIT A 51 ,137 Monthly Sewer Rates Class Usage Rate Cost per In Gallons 1 ,000 gallons (A) Monthly sewer rates. First 2,000 (1 ) All monthly sewer charges shall be Residential gallons $3.07 calculated from the customer's monthly Greater than 4. 10 water usage. The following monthly rates 2,000 gallons are hereby fixed as rates to be charged for Non-Residential All Usage 3.10 sewer services: Major Industrial All Usage 3.21 Table D-1 Farmington All Usage 5.28 Monthly Sewer Rates Per 1 ,000 Gallons Before Outside city All Usage 5.74 January 1 , 2009 85% of Class Usage Rate Cost per Elkins metered water 3.64 In Gallons ns 1 ,000 gallons usage First 2,000 Usage above Residential gallons $3'10 85% of Greater than metered water 1 '91 2,000 3.10 usage gallons Non-Residential All Usage 2.42 Table D-4 Monthly Sewer Rates Per 1 ,000 Gallons After Major Industrial All Usage 2.42 December 31 , 2010 Farmington All Usage 4.66 Class Usage Rate Cost per Outside city All Usage 4.66 In Gallons 1 ,000 gallons 2,000 85% of Residential gallons $3.14 metered 2.81 Greater than Elkins water usage 2,000 allons 4'18 Usage Non-Residential All Usage 3.18 above 85% 1 ,98 Major Industrial All Usage 3.40 of metered water usage Farmington All Usage 5.44 Outside city All Usage 5.91 Table D-2 85% of Monthly Sewer Rates Per 1 ,000 Gallons After metered water 3.75 December 31 , 2008 Elkins usage Usage Rate Cost per Usage above Class In Gallons 1 ,000 gallons 85% of 196 First 2,000 $3.00 metered water Residential allons usage Greater than 2,000 4.00 (2) Beginning January 1 , 2012, all monthly gallons sewer quantity charge- usage rates per Non-Residential All Usage 3.02 1 ,000 gallons shall be increased by 3% per year. Major Industrial All Usage 3.03 Farmington All Usage 5.13 (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be Outside city All Usage 5.57 added to the wastewater utility bill at the 85% of request of Farmington or Greenland. metered 3.53 These fees may be calculated on a per- Elkins water usa a thousand volumetric usage or a per Usage month basis. above 85% 1 .85 of metered (B) Monthly sewer service charge. water usage (1 ) In addition to the above, each customer Table D-3 shall pay a monthly sewer service Monthly Sewer Rates Per 1 ,000 Gallons After charge in accordance with the following December 31 , 2009 schedule: EXHIBIT A Table E-1 Monthly Sewer Service Charge 3 inch 93.00 133.10 122.30 Prior to January 1 , 2009 4 inch 153.25 219.20 201 .50 Meter Inside Outside Farmingtont 6 inch 303.70 434.50 400.00 Size City Cityt 8 inch 454.20 650.00 597.30 5/8" x 'h" $ 10.36 $ 10.35 $ 10.35 1 inch 13.47 19.35 19.35 tCost of Service Methodology required by contract. 1 % inch 21 .99 34.33 34.33 (2) Beginning January 1 , 2012, all monthly 2 inch 31 .44 49.32 49.32 sewer service charges shall be increased by 3% per year. 3 inch 73.01 104.40 104.40 4 inch 120.26 171 .97 171 .97 (C) Determination of sewer quantity charge for 6 inch 238.37 340.87 340.87 residential customers. 8 inch 356.48 509.76 509.76 (1 ) In the case of residential customers residing in a single family home, duplex, Table E-2 Monthly Sewer Service Charge triplex, and/or fourplex, the average After December 31 ,Service monthly water consumption for the preceding months of December, Meter Inside Outside January, and February shall be Size Ci Ci Farmingtont city Cityt computed separately for each customer, 5/8" x Y44" $ 12.45 $ 12.40 $ 11 .40 and a uniform monthly charge for each customer shall be determined by 1 inch 16.20 23.10 21 .30 applying the schedule of rates set out in 1Y2 inch 26.45 41 .10 37.80 subsection (A) of this section to such 2inch 37.80 54.30 50.00 average monthly water consumption. In the case of a residential user for whom 3 inch 87.75 125.50 115.30 a uniform monthly charge has been 4 inch 144.50 206.60 189.85 established and who moves to a new location the same uniform monthly 6 inch 286.45 409.60 376.40 charge shall apply at the new location. 8 inch 428.40 612.60 563.00 In the case of new residential customers, sewer averages shall be Table E-3 Monthly Sewer Service Charge established based on the number of After December 31,Service individuals residing within the dwelling unit, at a rate of 2,100 gallons per Meter Inside Outside customer per month. This methodology Size city Cityt Farmingtont of sewer averaging shall not apply to 5/8" x3/4" $ 12.80 $ 12.80 $ 11 .70 multi-family structures containing five (5) or more units in a contiguous building. 1 inch 16.65 23.80 21 .90 1 % inch 27.15 42.30 38.90 (2) In the case of sewer customers who do 2inch 38.85 55.90 51 .50 not have a water meter provided by a public water utility, the sewer usage 3 inch 90.20 129.25 118.75 volume billed shall be the average 4 inch 148.60 212.80 195.55 volume of all users in the sewer system in like dwellings from the most recent 6 inch 294.50 421 .88 387.70 system-wide sewer average calculation. 8 inch 440.45 631 .00 579.90 (D) Determination of charge for non-residential Table E� Monthly Sewer Service Charge and major industrial customers. In the case y 9 of non-residential and/or major industrial After December 31 , 2010 customers, the monthly sewer charge shall Meter Inside CitOutside be determined by applying the schedule of Size y Cityt Farmingtont rates prescribed in subsection (A) of this 5/8" x 'h" $ 13.20 $ 13.20 $ 12A0 section to the monthly water usage of such customers. In the event that a non- 1 inch 17. 15 24.50 22.60 residential or major industrial customer 1 %: inch 28.00 43.60 40.10 discharging waste into the city's sanitary 2 inch 40.05 57.60 53.05 sewer system produces evidence to the Water and Wastewater Director demonstrating that a substantial portion of EXHIBIT A the total amount of water from all sources 8.34 = Pounds per gallon of water used for all purposes does not reach the sanitary sewer which is in excess of the BOD unit = Unit charge for BOD in factors used in establishing the rates in charge dollars per pound subsection (A) of this section, an estimated BOD = BOD strength index in parts per million percentage of total water consumption to be used in computing charges may be 300 = Allowed BOD strength in parts established by the Water and Wastewater per million Director. The factors used in establishing said rates are on file in the office of the SS unit = Unit charge for suspended Water and Wastewater Director and are charge solids in dollars per pound incorporated herein by reference thereto. _ Any rate so adjusted by the Water and SS - Suspended solids strength Wastewater Director shall be effective for a index in parts per million by weight 12-month period beginning with the billing for the month when rates adjudged hereby go 300 = Allowed SS Strength in parts into effect. per million by weight (E) Extra Strength Surcharge. (F) Elkins sewer charges. (1 ) For all commercial and industrial customers whose wastewater discharge (1 ) Elkins' payment for wastewater is greater than 300 mg/I of BODS and/or treatment shall be based on 85% of the TSS, the City shall levy an Extra metered water purchased. The volume Strength Surcharge for each parameter of wastewater received by Fayetteville in accordance with the following unit at the "Point of Connection" shall be charges: measured by the installed wastewater meter. Volumes of wastewater below or Table F3 Extra Stren th Surcharges above the agreed upon percentage (85 /0) of metered water, as measured Before After After After 1/1/08 12/31/08 12/31/09 12/31/10 - by the wastewater meter, shall be EExtra $0.2669 $0.3336 $0.4170 $0.4421 recorded on a monthly basis, with a per per per per reconciliation of the net difference to and and and and occur semiannually in June and $0.1334 $0.1668 $0.2084 $0.2209December. If the reconciliation volume per per per per is over the agreed upon percentage, this pound pound pound pound amount shall be billed to Elkins in June and December at the actual computed (2) Extra Strength Surcharges shall be cost of wastewater collection to and billed monthly and shall be computed on treatment at the Noland Wastewater the basis of water meter reading Treatment Plant, not including the (wastewater discharge volume). calculated rate of return and not including depreciation charges, but (3) Starting after December 31 , 2011 , Extra including any capacity surcharge, based Strength Surcharges shall be increased on the most recent rate as determined in by 3% per year. paragraph B of this Contract. If the reconciliation volume is below the (4) Computation of extra strength agreed upon percentage, the actual surcharges shall be based on the amount billed for the difference shall be following formula: refunded to Elkins in June and December (a) Extra strength surcharge: (2) Elkins impact fee charges. The City of S = V x 8.34 x [BOD Unit Elkins shall pay an additional $0.25 per Charge (BOD - 300) + SS Unit 1 ,000 gallons of wastewater, for all Charge (SS - 300)] wastewater volume charges including both the 85% of metered water volume (b) Where: and for wastewater in excess of the 85% of the metered water purchased billed S = Surcharge in dollars volume. V = Sewer volume in million gallons ORDINANCE NO. 5129 AN ORDINANCE REPEALING AND REPLACING § 51 . 1371 MONTHLY 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 . 137, Monthly Sewer Rates, of the Fayetteville Code of Ordinances, and adopts an amended version of §51 . 137, Monthly 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 15`" day of April, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 51 .137 Monthly Sewer Rates Table D-3 Monthly Sewer Rates Per 1 ,000 Gallons After (A) Monthly sewer rates. December 31 , 2009 (1) All monthly sewer charges shall be Class Usage Rate Cost per calculated from the customers monthly In Gallons 1 ,000 gallons water usage. The following monthly rates First 2,000 $3.07 are hereby fixed as rates to be charged for Residential gallons sewer services: Greater than 4.10 2,000 gallons Table D-1 Non-Residential All Usage 3.10 Monthly Sewer Rates Per 1 ,000 Gallons Before Major Industrial All Usage 3.21 January 1 , 2009 Farmingon All Usage 5.28 Class Usage Rate Cost per In Gallons 1 ,000 gallons Outside city All Usage 5.74 First 2,000 85% of Residential gallons $3'10 metered water 3.64 Greater than Elkins usage 2,000 3.10 Usage above gallons 85% of 1 .91 Non-Residential All Usage 2.42 metered waterusa e Major Industrial All Usage 2.42 Farmington All Usage 4.66 Table D-4 Monthly Sewer Rates Per 1 ,000 Gallons After Outside city All Usage 4.66 December 31 , 2010 85% of Usage Rate Cost per metered 2.81 Class In Gallons 1 ,000 gallons Elkins water usage First 2,000 Usage Residential gallons $3.14 above 85% 1 98 Greater than 4.18 of metered 2,000 gallons water usage Nan-Residential All Usage 3.18 Table D-2 Ma'or Industrial All Usage 3.40 Monthly Sewer Rates Per 1 ,000 Gallons After Fermin ton All Usage 5.44 December 31 , 2008 Outside city All Usage 5.91 Class Usage Rate Cost per 85% of In Gallons 1 ,000 gallons metered water 3.75 First 2,000 Elkins usage Residential gallons $3.00 Usage above Greater than 85% of 1 .96 2,000 4.00 metered water gallons I usage Non-Residential All Usage 3.02 (2) Beginning January 1 , 2012, all monthly Major Industrial All Usage 3.03 sewer quantity charge- usage rates per Farmington All Usage 5.13 1 ,000 gallons shall be increased by 3% per year. Outside city All Usage 5.57 85% of (3) Sewer related fees levied by the Cities metered 3.53 of Farmington or Greenland shall be Elkins water usage added to the wastewater utility bill at the Usage request of Farmington or Greenland. above 85% 1 85 These fees may be calculated on a per- of metered thousand volumetric usage or a per water usage month basis. (B) Monthly sewer service charge. (1 ) In addition to the above, each customer shall pay a monthly sewer service EXHIBIT A charge in accordance with the following schedule: Table E-1 Monthly Sewer Service Charge Prior to January 1, 2009 Meter Size Inside City Outside Cityt Farmingtont 5/8"x%" $ 10.36 $ 10.35 $ 10.35 1 inch 13.47 19.35 19.35 11/2 inch 21.99 34.33 34.33 2 inch 31.44 49.32 49.32 3 inch 73.01 104.40 104.40 4 inch 120.26 171.97 171.97 6 inch 238.37 340.87 340.87 flinch 356.48 509.76 509.76 Table E-2 Monthly Sewer Service Charge After December 31, 2008 Meter Size Inside City Outside Cityt Farmingtont 5/8"x%" $ 12.45 $ 12.40 $ 11.40 1 inch 16.20 23.10 21.30 1% inch 26.45 41.10 37.80 2 inch 37.80 54.30 50.00 3 inch 87.75 125.50 115.30 4 inch 144.50 206.60 189.85 6 inch 286.45 409.60 376.40 8 inch 428.40 612.60 563.00 Table E-3 Monthly Sewer Service Charge After December 31, 2009 Meter Size Inside City Outside Cityt Farmingtont 5/8" x'/." $ 12.80 $ 12.80 $ 11.70 1 inch 16.65 23.80 21.90 1'% inch 27.15 42.30 38.90 2 inch 38.85 55.90 51.50 3inch 90.20 129.25 118.75 4 inch 148.60 212.80 195.55 6inch 294.50 421.88 387.70 8 inch 440.45 631.00 579.90 Table E-4 Monthly Sewer Service Charge After December 31, 2010 Meter Inside City Outside Farmingtont Size Cityt 5/8" x3/." $ 13.20 $ 13.20 $ 12.10 1 inch 17.15 24.50 22.60 1½ inch 28.00 43.60 40.10 2 inch 40.05 57.60 53.05 3 inch 93.00 133.10 122.30 4 inch 153.25 219.20 201.50 6 inch 303.70 434.50 400.00 8 inch 454.20 650.00 597.30 tCost of Service Methodology required by contract. (2) Beginning January 1, 2012, all monthly sewer service charges shall be increased by 3% per year. (C) Determination of sewer quantity charge for residential customers. (1) In the case of residential customers residing in a single family home, duplex, triplex, and/or fourplex, 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 residential 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 residential customers, sewer averages shall be established based on the number of individuals residing within the dwelling unit, at a rate of 2,100 gallons per customer per month. This methodology of sewer averaging shall not apply to multi -family structures containing five (5) or more units in a contiguous building. (2) In the case of sewer customers who do not have a water meter provided by a public water utility, the sewer usage volume billed shall be the average volume of all users in the sewer system in like dwellings from the most recent system -wide sewer average calculation. (D) Determination of charge for non-residential and major industrial customers. In the case of non-residential and/or major 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 non- residential or major industrial customer discharging waste into the city's sanitary EXHIBIT A sewer system produces evidence to the Water and Wastewater Director 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 Wastewater Director. The factors used in establishing said rates are on file in the office of the Water and Wastewater Director and are incorporated herein by reference thereto. Any rate so adjusted by the Water and Wastewater Director shall be effective for a 12 -month period beginning with the billing for the month when rates adjudged hereby go into effect. (E) Extra Strength Surcharge. (1) For all commercial and industrial customers whose wastewater discharge is greater than 300 mgA of BOD5 and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Table F3 Extra Strength Surcharges Before After After After 1/1/08 12/31/08 12/31/09 12/31/10 Extra $0.2669 $0.3336 $0.4170 $0.4421 Strength per per per per BODs pound pound pound pound Extra $0.1334 $0.1668 $0.2084 $0.2209 Strength per per per per TSS pound pound pound pound (2) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (3) Starting after December 31, 2011, Extra Strength Surcharges shall be increased by 3% per year. (4) Computation of extra strength surcharges shall be based on the following formula: (a) Extra strength surcharge: = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (SS - 300)) (b) Where: = Surcharge in dollars Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD and = Unit charge for BOD in charge dollars per pound BOD = BOD strength index in parts per million 300 = Allowed BOD strength in parts per million SS unit = Unit charge for suspended charge solids in dollars per pound SS = Suspended solids strength index in parts per million by weight 300 = Allowed SS Strength in parts per million by weight (F) Elkins sewer charges. (1) Elkins' payment for wastewater treatment shall be based on 85% of the metered water purchased. The volume of wastewater received by Fayetteville at the "Point of Connection" shall be measured by the installed wastewater meter. Volumes of wastewater below or above the agreed upon percentage (85%) of metered water, as measured by the wastewater meter, shall be recorded on a monthly basis, with a reconciliation of the net difference to occur semiannually in June and December. If the reconciliation volume is over the agreed upon percentage, this amount shall be billed to Elkins in June and December at the actual computed cost of wastewater collection to and treatment at the Noland Wastewater Treatment Plant, not including the calculated rate of return and not including depreciation charges, but including any capacity surcharge, based on the most recent rate as determined in paragraph B of this Contract. If the reconciliation volume is below the agreed upon percentage, the actual amount billed for the difference shall be refunded to Elkins in June and December (2) Elkins impact fee charges. The City of Elkins shall pay an additional $0.25 per 1,000 gallons of wastewater, for all wastewater volume charges including both the 85% of metered water volume and for wastewater in excess of the 85% of the metered water purchased billed volume. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council David Jurgens, Water & Wastewater Director FROM: Kit Williams, City Attorney �y —___ DATE: April 2; 2008 RE: Sewer Rates Last night I requested that our new sewer rate ordinance be left on the second reading because of unclear language in A.C.A. § 14-235-223 (d)(B): "After introduction of the ordinance fixing the rates or charges, and before the ordinance is fully enacted, notice of the hearing setting forth the proposed schedule of the rates or charges shall be given ... at least ten days before ... the hearing .... "(2) After the hearing the ordinance ...shall be passed ...." What I am somewhat unsure of is the meaning of "introduction of the ordinance." One reasonable understanding of that phrase would be when Mayor Coody initially reads the title of the ordinance and I read the body of the ordinance at a City Council meeting. If that would be the Court's interpretation, then we could not legally enact the sewer rate ordinance on the same night it is first read. There could be other interpretations of "introduction of the ordinance" which would have allowed us to legally pass the sewer rate ordinance during the same City Council meeting in which it was first read. However, I felt we should take the safer route and wait for the next City Council meeting to take official action. Twenty-five years ago, Fort Smith passed its sewer rates ordinance without strictly complying with the statute I quoted above and ended up having to pay about $800,000.00 in refunds to two large customers because the Supreme Court found the sewer rate ordinance was invalidly enacted. City of Fort Smith v. O.K. Foods, Inc., 293 Ark. 379, 738 S.W. 2d 96 (1987). As City Attorney my first goal is not to win at trial, but to avoid litigation if possible. I can only do this with the consistent help of the City Council. Thank you for allowing the sewer rate ordinance to remain on the second reading. $/2-9 Arkansas Democrat '(azette 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- Public Hearing March 22, 2008 Publication Charge: $548.60 Subscribed and sworn to before me Thisagday of � I 2008. k ...... _I1_ _-.nttftru- Notary Public n7 [err,U a sANDti.A i3. BUSH Notary Public- Arkansas County of Washington My Co.r nLccioa €xn.011082011 dWp4% - My Commission Expires: g l ao It Do not pay from Affidavit, an invoice will be sent oI Arkansas Democrat -Gazette, NW Ed. 212 N. East Avenue Fayetteville, AR 72701 479-442-1700 VISA PURCHASE CARD #************0749* EXPIRATION DATE . ***** DATE 03-25-2008 #016672 A TIME 10:03:17 SALE 548.60 APPROVED 030813 REF # VVX AVS: SERV UNAVL CLERK : April Shoffit MERCH ORDER# ITEM DESC: X ***PLEASE IMPRINT CARD*** -------_---- THANK YOU------------ From: Clarice Pearman To: Jurgens, David Date: 4.18.08 3:42 PM Subject: Ord. 5129 Attachments: 5129 Amend 51.137 Mc Sewer Rates.pdf CC: Audit David: Attached is a copy of the above ordinance amending the monthly sewer rates. Please let me know if there is anything else needed for this item. Have a good weekend. Thanks. Clarice RECEIVED MAY 022003 PITY OF FAYE17EVILLE CRY CLERKS OFFICE NORTHWEST ARKANSAS EDITION 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 5129 April 23, 2008 Publication Charge: $422.00 Subscribed and sworn to before me Thisd5day of I, e 2008. C.4ft4 Notary Public __ a __ My Commission Expires: G ZA0/•2 Do not pay from Affidavit, an invoice will be sent ORDINANCE NO. 5129 . INANCE SEWER NG , REPLACING FAYE§ a e evl le MONTHLY DINRATES, OF THE FAYET- E CODE OF ORDINANCES. ORDAINED BY THE CITY COUNCIL OF ARKANSAS :RY OF FAYETTEVILLE, ARKANSAS: 11. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.137, Monthly Rates, of the Fayetteville Code of Ordinances, and adopts an amended version of §51.137. y Sewer Rates, as set forth in Exhibit A. attached hereto, and incorporate herein by reference :t forth word-for-word in its entirety. end APPROVED this 15th day of April, 2006. ATTEST: By: SONDRA E. SMITH, City CIerkRroasuwr wi:e:nvv 137 Monthly Sewer Rates Monthly Sewer rates. All monthly sewer charges shall be calculated from the customer § monthly water usage. The fol- nng monthly rates are hereby fixed as rates to be charged far sewer services: ir'11rT3 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2009 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.10 Greater than 2.000 gallons 3.10 • Non -Residential All Usage 2.42 • Map' Industrial All Usage 2.42 Farmington All Usage 4.66 Outside city All Usage ' 4.66 Elkins 85% of metered water usage 2.81 Usage above 85% of metered water usage 1.98 Table D2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2008 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2000 gallons $3.00 Greater than 2,000 gallons 4.00 Non -Residential All Usage 3.02 Major Industrial All Usage 3.03 Farmington All Usage 5.13 Outside city All Usage 5.57 Elkins 85% of metered water usage 3.53 Usage above 85% of metered water usage 1.85 Table DJ Monthly Sewer Rates Per 1,000 Gallons After December 31, 2009 Class Usage Rate Cost per (In Gallons) 1.010 gallons Residential First 2,000 gallons $3.07 Greater than 2,000 gallons 4.10 Non -Residential All Usage 3.10 Major Industrial All Usage 3.21 Farmington All Usage 5.28 Outside city All Usage 5.74 Elkins 85% of metered water usage 3.64 Usage above 65% of metered water usage 1.91 it ri•r Monthly Sewer Rates Per 1,000 Gallons After December 31, 2010 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.14 Greater than 2,000 gallons 4.18 Non -Residential All Usage 3.18 Major Industrial All Usage 3.40 Farmington All Usage 5.44 Outside city All Usage 5.91 Elkins 85% of metered water usage 3.75 Usage above 85% of metered water usage 1.96 Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall Increased by 3% per year. Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the waste - ter utility bill at the request of Farmington or Greenland. These fees may be calculated an a per. usand volumetric usage or a per month basis. Monthly Sewer service charge. In addition to the above, each customer shall pay a monthly sewer service charge in accordance h the following schedule: Tall E-1 Monthly Sewer Service Charge Prior to January 1, 2009 Meter Size Inside City Outside Cityt Farmingtont 5/8'x94' $ 10.36 $ 10.35 $ 10.35 1 inch 13.47 19.35 19.35 • 1'h inch 21.99 34.33 34.33 • 2 inch 31.44 49.32 49.32 •' 3 inch 73.01 104.40 104,40 4 inch 120.26 171.97 171.97 6 inch 238.37 340.87 340.67 • 8 inch 356.48 509.76 509.76 r Table E-2 Monthly Sewer Service Charge After December 31, 2088 Meter Size Inside City Outside Cityt Farmingtont ' 5/8'x94' $ 12.45 $ 1040 $ 11.40 1 inch 16.20 23.10 21.30 • 1N Inch 28.45 41.10 37.80 2 inch 37.80 54.30 50.00 3 inch 87.75 125.50 115.30 4 Inch 144.50 206.60 189.65 6 Inch 286.45 409.60 376.40 8 inch 428.40 612.60 563.00 Table E-3 Monthly Sewer Service Charge After December 31, 2009 Meter Size Inside City Outside Cityt Farmingtont 5/8'x94' $ 12.60 $ 12.80 $ 11.70 1 inch 16.65 23.80 21.90 14 inch 27.15 42.30 38.90 21nch 38.65 55.90 51.50 3 inch 90.20 129.25 118.75 4 inch 148.60 212.80 195.55 6 inch 294,50 421.86 387.70 8 inch 440.45 631.00 579.90 Table E.1 Monthly Sewer Service Charge After December 31, 2010 Meter Size Inside City Outside Cityt Farmingtont 5/B' x 94' $ 13.20 $ 13.20 $ 12.10 1 inch 17.15 24.50 2260 1yz inch 28.00 43.60 40.10 2 Inch 40.05 57.60 53.05 3 inch 93.00 133.10 122.30 4 inch 153.25 219.20 201.50 6 Inch 303.70 434.50 400.00 8 inch 454.20 650.00 597.30 :Cost of Service Methodology required by contract. (2) Beginning January 1, 2012, all monthly sewer service charges shall be increased by 3% per year. (C) Determination of sewer quantity charge for residential customers. (1) In the case of residential customers residing in a single family home, duplex, triplex, and/or four- plex, 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 sec- tion to such average monthly water consumption. In the case of a residential user for whom a uni- form 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 oI new residential customers, sewer aver- ages shall be established based on the number of individuals residing within the dwelling unit, at a rate of 2,100 gallons per customer per month. This methodology of sewer averaging shall not apply to multi -family structures containing five (5) or more units in a contiguous building. (2) In the case of sewer customers who do not have a water meter provided by a public water utility, the sewer usage volume billed shall be the average volume of all users in the sewer system In like dwellings from the most recent systemwide sewer average calculation. (D) Determination of charge for non-residential and major industrial customers. In the case of non- residential and/or major 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 non-residential or major industrial customer discharging waste Into the city's sanitary sewer system produces evidence to the Water and Wastewater Director demon- strating 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 com- puting charges may be established by the Water and Wastewater Director. The factors used in estab- lishing said rates are on file In the office of the Water and Wastewater Director and are incorporated herein by reference thereto. My rate so adjusted by the Water and Wastewater Director shall be effective for a 12 -month period beginning with the billing for the month when rates adjudged hereby go into effect. (E) Extra Strength Surcharge. (1) 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 accor- dance with the following unit charges: Table F3 Extra Strength Bureharyee Before 1/1108 After 12/31/08 After 12/311V9 After 12131/10 Extra $0.2669 $0.3336 $0.4170 $0.4421 Strength per per per per GODS pound pound pound pound Extra $0.1334 $0.1668 $0.2084 $0.2209 Strength per per per per TSS pound pound pound pound (2) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (3) Starting after December 31, 2011, Extra Strength Surcharges shall be Increased by 3% per year. (4) Computation of extra strength surcharges shall be based on me following formula: (a) Extra strength surcharge: S = V x 8.34 x [BOD Unit Charge (SOD - 300) + SS Unit Charge (SS - 300)f (b) Where: S a Surcharge In dollars V = Sewer volume in million gallons 8.34 c Pounds per gallon of water BOD unit charge = Unit charge for BOD In dollars per pound BOD = SOD strength index in parts per trillion 300 = Allowed BOO strength in parts per million SS unit charge = Unit charge for suspended solids in dollars per pound SS weight = Suspended solids strength index In pans per million by 300. Allowed SS Strength in pans per million by weight (F) Elkins sewer charges. (1) Elkins' payment for wastewater treatment shall be based on 85% of the metered water purchased. The volume of wastewater received by Fayetteville at the 'Point of Connection' shall be measured by the installed wastewater meter. Volumes of wastewater below or above the agreed upon percentage (85%) of metered water, as measured by the wastewater meter, shall be recorded on a monthly basis, with a reconciliation of the net difference to occur semiannually in June and December. If the recon- ciliation volume is over the agreed upon percentage, this amount shall be billed to Elkins in June and December at the actual computed cost of wastewater collection to and treatment at the Noland Wastewater Treatment Plant, not including the calculated rate of return and not including depreciation charges, but Including any capacity surcharge, based on the most recent rate as determined in para- graph B of this Contract. If the reconciliation volume Is below the agreed upon percentage, the actu- al amount billed for M difference shall be refunded to Elkins In June and December (2) Elkins Impact fee charges. The City of Elkins shall pay an additional $0.25 per 1,000 gallons of wastewater, for all wastewater volume charges including both the 85% of metered water volume and for wastewater In excess of the 85% of the metered water purchased billed volume.