HomeMy WebLinkAboutOrdinance 6633113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6633
File Number: 2022-266
AMEND §51.136 MONTHLY WATER RATES & §51.137 MONTHLY SEWER RATES:
AN ORDINANCE TO AMEND § 51.136(A)(2), § 51.136(B)(2), § 51.136(C)(2), § 51.137(A)(2), § 51.137(B)(2),
AND § 51.137(E)(3) OF THE FAYETTEVILLE CITY CODE TO DEFER WATER AND SEWER RATE
INCREASES FOR 2023 UNTIL AFTER THE ADOPTION OF A NEW RATE STUDY, AND TO DECLARE AN
EMERGENCY
WHEREAS, various provisions within § 51.136 Monthly Water Rates and § 51.137 Monthly Sewer Rates provide
for an automatic 3% cost increase in water and sewer rates and service charges at the beginning of each year; and
WHEREAS, the new Water and Sewer Rate Study which is being conducted by Black and Veatch consultants is
expected to be brought before the City Council in the Spring of 2023; and
WHEREAS, to avoid the potential of snaking two financial adjustments on utility system water and sewer customers
within a few months staff recommends that the City Council defer the annual 3% cost adjustment that would take effect
in January 2023 until the Black and Veatch rate study.
NOW, THEREFORE, 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 amends §51.136(A)(2), § 51.136(B)(2), §
51.136(C)(2), § 51.137(A)(2), § 51.137(B)(2), and § 51.137(E)(3) by adding the following sentence to the end of each
subsection as follows:
"No rate or service charge adjustment shall occur in 2023 until after the completion of a new rate study."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should
become effective without delay because of the potential burden rate increases could place on the City's water and sewer
customers and to avoid water cutoffs that could occur as a result of rate increases, which is necessary for the public
peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an
emergency exists such that this ordinance shall become effective immediately upon its passage and approval.
PASSED and APPROVED on January 3, 2023
Page 1
Ordinance: 6633
File Number. 2022-266
A nnrnverl
Attest:
ptliiritFll!
tip GLEFt4C 1 �r�i
..r
Kara Paxton, City Clerk Treasurer r �A Y[-TT fiY!Jj : n
Page 2
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 3, 2023
TO: Mayor Jordan and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
FROM: Timothy Nyander, Utilities Director
Paul Becker, Chief Financial Officer
DATE: December 15, 2022
SUBJECT: DEFER WATER AND SEWER RATE INCREASES FOR 2023
RECOMMENDATION:
2022-266
AN ORDINANCE TO AMEND § 51.136(A)(2), § 51.136(B)(2), § 51.136(C)(2), § 51.137(A)(2), § 51.137(B)(2),
AND § 51.137(E)(3) OF THE FAYETTEVILLE CITY CODE TO DEFER WATER AND SEWER RATE
INCREASES FOR 2023 UNTIL AFTER THE ADOPTION OF A NEW RATE STUDY, AND TO DECLARE AN
EMERGENCY
BACKGROUND:
An automatic 3% annual cost increase in water and sewer rates is required by the current Water and Sewer
Rate Ordinance. The City Administration, through the Water and Sewer Committee, is currently working on a
new Water and Sewer Rate Study which is being conducted by Black and Veatch consultants.
DISCUSSION:
Although the rate study has not yet been finalized, it is anticipated that recommendations will be brought to the
City Council in the spring of 2023 for consideration. The automatic annual increase and rate study
recommendations would result in two separate rate changes in a short time period on City utility system water
and sewer customers. Therefore, to avoid confusion and multiple financial adjustments, it is recommended that
the annual 3% cost adjustment for January 2023 be waived. Water and Sewer rates would then be changed
later in 2023 in accordance with the new study as adopted by the City Council.
BUDGET/STAFF IMPACT:
This request would maintain water and sewer revenue at current levels in 2023 until new water and sewer
rates are adopted and become effective.
ATTACHMENTS: 2022-266 SRF WS Rate Increase Waive, ORD AMEND SECTIONS 51.136 AND 51.137 TO
DELAY RATE INCREASES FOR 2023
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville Staff Review Form
2022-266
Item ID
1/3/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander & Paul Becker 12/15/2022 CHIEF FINANCIAL OFFICER (110)
Submitted By Submitted Date Division / Department
Action Recommendation:
REQUEST TO AMEND TITLE V PUBLIC WORKS ORDINANCE SECTION 51.136 MONTHLY WATER RATES AND SECTION
51.137 MONTHLY SEWER RATES TO WAIVE ANNUAL 3% RATE INCREASE FOR JANUARY 2023
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
MW
RECEN6
A����TI�^\��p^ JAN 17 ZOD
NORTHWEST ARKCINsAs CIITTY CLEflK'S OFFICE
Democrat kv
'Wette
AFFIDAVIT OF PUBLICATION
1, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord. 6633
Was inserted in the Regular Edition on:
January 11, 2023
Publication Charges: $144.30
Paola Lopez
Subscribed and swom to before me
This It day ofTah , 2023.
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Celia. 6533
File Number. M2.266
AMEND §51.136 MONTHLY WATER
RATES & §51.13'/ MONTM.Y SEWER
RATES:
AN ORDBJANCE TO AMEND §
51.136(Ap2), § 51.136(B)(2), §
51.136(C)(2), § 51.137(A)(21 §
51.13)(B)(2). AND § 51.137(Ep3) OF
THE FAYETTEVILLE CRY CODE TO
DEFER WATER AND SEWER RATE
INCREASES FOR 2M3 UNTIL AFTER
THE ADOPTION OF A NEW RATE
STUDY, AND TO DECLARE AN
EMERGENCY
WHEREAS, various provisions Whin §
51.136 Monhly Water Rates and § 51.137
Monthly Sewer Rates provide for an
aromatic 3%cost increase in rater and
abler rates and smiee char,® at rile
beginning ofeach year, and
WHEREAS, the new Water and sewer
Rate Study which is bein5 co ducted by
Black and Veatch consulanin is expatal
a be brought before the Cary Council in the
Spinlg of2M3; and
WHEREAS, to avoid the potential of
airing two Emend aijantrantt, on utility
{ahem unman and sewer caammen within a
ew mondls staff recommends that Ble Ciry
:ouncil defer the annual 3% cost
djllstia. that weird lake effect in
lraii 2M3 until the Black and Veerch
ate mdy.
NOW, THEREFORE, BE IT ORDAINED
3Y THE CITY COUNCIL OF THE CITY
3F FAYETfEVILLE, ARKANSAS'
Swion 1: That the CiN Council ofdre
"No rate or service charge adjustment shall
recur an 2023 until afler the completion of
l new ll¢e smdy"
Section 2: net the City Council ofthe
:ity of Fayetteville, Arlai. hereby
lets nines that dlis On inance sbeuld
me t,a] bavewrare idelaybecause of
'Ipaanntael C." ate ancreascould
glace on the CiN's water and sewer
ONSlay
of eayenel fo sidmn. Therere, the Ciry Coulwi
`I f�
*a\ y
toa[
by declare an emergalry exists sl
this ordinance shellbuoare effect
aliatety upon iM passage end nppr
fA
_�s
EDmd APPROVED on fiat
APPad god hfaYor
Attdn'.
WPSNt�
Kam fawn, City Clerk Treasurer
n as publication was pad for by the Ci
Clerk -Treasurer ofthe City ofFayettes
GP�
Arkansas. Amount paid: S MA.30
256 IM Jan 11, 2023
ORDINANCE NO.
AN ORDINANCE TO AMEND § 51.136(A)(2), § 51.136(B)(2), § 51.136(C)(2), §
51.137(A)(2), § 51.137(B)(2), AND § 51.137(E)(3) OF THE FAYETTEVILLE CITY CODE
TO DEFER WATER AND SEWER RATE INCREASES FOR 2023 UNTIL AFTER THE
ADOPTION OF A NEW RATE STUDY, AND TO DECLARE AN EMERGENCY
WHEREAS, various provisions within § 51.136 Monthly Water Rates and § 51.137 Monthly
Sewer Rates provide for an automatic 3% cost increase in water and sewer rates at the beginning
of each year; and
WHEREAS, the new Water and Sewer Rate Study which is being conducted by Black and
Veatch consultants is expected to be brought before the City Council in the Spring of 2023; and
WHEREAS, to avoid the potential of making two financial adjustments on utility system water
and sewer customers within a few months staff recommends that the City Council defer the
annual 3% cost adjustment that would take effect in January 2023 until the Black and Veatch rate
study.
NOW, THEREFORE, 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 amends
§51.136(A)(2), § 51.136(B)(2), § 51.136(C)(2), § 51.137(A)(2), § 51.137(B)(2), and §
51.137(E)(3) by adding the following sentence to the end of each subsection as follows:
"No rate or service charge adjustment shall occur in 2023 until after the completion of a new rate
study."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should become effective without delay because of the potential burden rate increases
could place on the City's water and sewer customers and to avoid water cutoffs that could occur
as a result of rate increases, which is necessary for the public peace as well as the health and
safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists
such that this ordinance shall become effective immediately upon its passage and approval.
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6633
File Number: 2022-266
AMEND §51.136 MONTHLY WATER RATES & §51.137 MONTHLY SEWER RATES:
AN ORDINANCE TO AMEND § 51.136(A)(2), § 51.136(B)(2), § 51.136(C)(2), § 51.137(A)(2), § 51.137(B)(2),
AND § 51.137(E)(3) OF THE FAYETTEVILLE CITY CODE TO DEFER WATER AND SEWER RATE
INCREASES FOR 2023 UNTIL AFTER THE ADOPTION OF A NEW RATE STUDY, AND TO DECLARE AN
EMERGENCY
WHEREAS, various provisions within § 51.136 Monthly Water Rates and § 51.137 Monthly Sewer Rates provide
for an automatic 3% cost increase in water and sewer rates and service charges at the beginning of each year; and
WHEREAS, the new Water and Sewer Rate Study which is being conducted by Black and Veatch consultants is
expected to be brought before the City Council in the Spring of 2023; and
WHEREAS, to avoid the potential of making two financial adjustments on utility system water and sewer customers
within a few months staff recommends that the City Council defer the annual 3% cost adjustment that would take effect
in January 2023 until the Black and Veatch rate study.
NOW, THEREFORE, 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 amends §51.136(A)(2), § 51.136(B)(2), §
51.136(C)(2), § 51.137(A)(2), § 51.137(B)(2), and § 51.137(E)(3) by adding the following sentence to the end of each
subsection as follows:
"No rate or service charge adjustment shall occur in 2023 until after the completion of a new rate study."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should
become effective without delay because of the potential burden rate increases could place on the City's water and sewer
customers and to avoid water cutoffs that could occur as a result of rate increases, which is necessary for the public
peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an
emergency exists such that this ordinance shall become effective immediately upon its passage and approval.
PASSED and APPROVED on January 3, 2023
Page 1
Ordinance: 6633
File Number: 2022-266
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid: $144.30.
Page 2