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HomeMy WebLinkAbout169-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 169-23 File Number: 2023-913 ARKANSAS NATURAL RESOURCES DIVISION (LOAN ACCEPTANCE): A RESOLUTION TO DESIGNATE AND AUTHORIZE MAYOR JORDAN OR HIS DESIGNEE TO EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH FUNDING ADMINISTERED BY THE ARKANSAS NATURAL RESOURCES COMMISSION TO OBTAIN LOAN FUNDING FOR THE WEST WATER TRANSMISSION MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville, Arkansas owns and operates a water system (the "System") in order to provide water service to meet the needs of the City and its inhabitants; and WHEREAS, the City Council has determined that it is in the best interest of the City and its inhabitants to apply for assistance from the Arkansas Natural Resources Commission (the "ANRC"), in order to make certain improvements to the System; and WHEREAS, on March 30, 2023, Mayor Jordan submitted a funding application to the Arkansas Natural Resources Commission seeking funding in the amount of $85,000,000.00 and the City received notice on July 7, 2023 that the application was approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan, as the signatory authority for the City, or the Mayor's designee to make application for assistance administered by the ANRC and to execute, when approved by the City Council, a bond purchase agreement and instruments issued or made pursuant thereto on behalf of the City from time to time. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan, as the Chief Executive Officer of the System and as signatory authority for the System, or the Mayor's designee, to execute, for and on behalf of the City, an Acceptance of Loan Terms with the Arkansas Natural Resources Division, a copy of which is attached to this Resolution, as well as all other documents and certificates required. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $85,000,000.00, a copy of which is attached to this Resolution, recognizing the loan funds when received. PASSED and APPROVED on August 1, 2023 Page 1 Resolution: 169-23 File Number: 2023-913 Page 2 Attest: RAT Y �/ • U• �`R !A Kara Paxton, City Clefk Trcastircr :tl)•r',I _ r r C' •� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 1, 2023 CITY COUNCIL MEMO 2023-913 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Steven Dotson, Internal Auditor DATE: SUBJECT: Mayor's approval signature of the Arkansas Natural Resources Division loan terms and Resolution for Signatory Authority RECOMMENDATION: Staff recommends the Mayor sign approval of the loan terms for the Drinking Water State Revolving Loan Fund to fund the West Transmission Waterline Project, and recommend signature on the Resolution for Signatory Authority. BACKGROUND: The Drinking Water State Revolving Loan Fund was created to facilitate compliance with national primary drinking water regulations or otherwise significantly advance the public health protection objectives of the Safe Drinking Water Act. The City submitted a request for consideration of financial assistance to the Arkansas Natural Resources Commission to fund the West Transmission waterline. The existing 36 inch transmission main is deteriorating, cannot currently be operated at any pressures above the minimum, and will be unable to meet increasing water demands in the City. The proposed 48 inch West Transmission waterline is needed as soon as possible to secure access to safe drinking water and meet projected maximum demands of the City. DISCUSSION: The City's West Transmission waterline project is being expedited. Financial assistance is being made available to the City in the form of a loan under the Drinking Water State Revolving Loan Fund. The Arkansas Department of Agriculture has approved the City's request in the form of a loan in the amount up to $85,000,000.00 for the replacement of the West transmission waterline. As the Arkansas Department of Agriculture indicates in the "approval of financial assistance" letter, the Director of the National Resource Division of the Arkansas Department of Agriculture will set the combined annual borrower rate and loan terms at the time of the loan closing. At this time, the anticipated term of the funding is 20 years, with a combined rate of 1.75% per annum. BUDGET/STAFF IMPACT: Budget adjustment attached ATTACHMENTS: DWSRF_Signature Documents, Budget Adjustment Revision, SRF Revision Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-913 Mayor's approval signature of the Arkansas Natural Resources Division loan terms and Resolution for Signatory Authority A RESOLUTION TO DESIGNATE AND AUTHORIZE MAYOR JORDAN OR HIS DESIGNEE TO EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH FUNDING ADMINISTERED BY THE ARKANSAS NATURAL RESOURCES COMMISSION TO OBTAIN LOAN FUNDING FOR THE WEST WATER TRANSMISSION MAIN PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville, Arkansas owns and operates a water system (the "System") in order to provide water service to meet the needs of the City and its inhabitants; and WHEREAS, the City Council has determined that it is in the best interest of the City and its inhabitants to apply for assistance from the Arkansas Natural Resources Commission (the "ANRC"), in order to make certain improvements to the System; and WHEREAS, on March 30, 2023, Mayor Jordan submitted a funding application to the Arkansas Natural Resources Commission seeking funding in the amount of $85,000,000.00 and the City received notice on July 7, 2023 that the application was approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan, as the signatory authority for the City, or the Mayor's designee to make application for assistance administered by the ANRC and to execute, when approved by the City Council, a bond purchase agreement and instruments issued or made pursuant thereto on behalf of the City from time to time. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan, as the Chief Executive Officer of the System and as signatory authority for the System, or the Mayor's designee, to execute, for and on behalf of the City, an Acceptance of Loan Terms with the Arkansas Natural Resources Division, a copy of which is attached to this Resolution, as well as all other documents and certificates required. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $85,000,000.00, a copy of which is attached to this Resolution, recognizing the loan funds when received. Page 1 �NEsr"T, ARKANSAS DEPARTMENT OF AGRICULTURE ,oF Eo, 1 Natural Resources Drive, Little Rock, AR 72205 agriculture.arkansas.gov Governor Sarah He Sanders (501) 225-1598 Govern July 7, 2023 Mr. Paul Becker Chief Financial Officer, City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 RE: Approval of Financial Assistance Mr. Becker: AD Wes Ward Secretary of Agriculture At its meeting on June 22, 2023, the Arkansas Natural Resources Commission approved your request for financial assistance in the form of a loan in the amount up to $85,00,000.00 from the Drinking Water State Revolving Loan Fund. These funds are to be used for the replacement of the West transmission main project as detailed in your funding application. The Director will set the combined annual borrower rate and loan terms at the time of loan closing. The anticipated term for your funding is 20 years with a combined rate of 1.75% per annum. Your loan terms are contingent on full loan closing including first disbursement of funds on or before July 1, 2024. In the event this does not occur, the combined rate will be determined based on current available program rates at the time of closing. If you accept the funding offer and would like to move forward with the proposed project, please sign and return the attached funding acceptance form. The included acceptance certification must be returned to Ryan Benefield by August 18, 2023, to accept the above -mentioned loan(s). If you fail to accept the proposed funding prior August 18, 2023, your financial assistance will be considered declined, and you will have to reapply for funding. Sincerely, O'L W�_. Chris Colclasure Director Natural Resource Division CC:dcj:ab cc via email only: Trent Williams, Project Engineer, McClelland Consulting Engineers, Inc., twilliams@mce.us.com a rr `AY ARKANSAS DEPARTMENT OF AGRICULTURE Adam r� r d,'`''•�';� 1 Natural Resources Drive, Little Rock, AR 72205 agriculture.arkansas.gov Sarah Huckabee Sanders (501) 225-1598 Wes Ward Governor Secretary of Agriculture Acceptance of Loan Terms with Arkansas Natural Resources Division By signing and returning this form the City of Fayetteville (Borrower) is accepting the offer of financial assistance approved by the Arkansas Natural Resources Commission on June 22, 2023, and acknowledges the following: 1. To close on this financial assistance the borrower will raise revenue as needed to fully fund debt service, 0 & M, and depreciation reserve at 110% coverage and it is initially estimated that the following average increases in average water rates will be necessary. The final revenue increases will be determined at loan closing. 2. The Director will set the combined annual borrower rate and loan terms at the time of loan closing. The anticipated term for the funding is 20 years with a combined rate of 1.75% per annum. The loan terms are contingent on full loan closing including first disbursement of funds on or before July 1, 2024. In the event this does not occur, the combined rate will be determined based on current available program lending rates. Determining if a loan has met all program requirements and is ready to close will be the sole discretion of the Director. 3. Prior to loan closing and acceptance of funds the Borrower may reject the financial assistance and the funds will be de -obligated. 4. The borrower understands that upon completion of the project any awarded financial assistance that is not utilized to complete the project approved in the application will be de -obligated and that any grant or principal forgiveness funds will be disbursed in a proportionate percentage to the approved loans. 5. The borrower understands that to receive this financial assistance they must comply with all State and Federal laws and program requirements. Name of Borrower Name and Title of Duly Authorized Representative �-� h4 elfe l Uoneld JoTAAn, Mmu or Signature Date This acceptan/e/ust be received by August 18, 2023. Please return it to: J. Ryan Benefield, P.E. Deputy Director Natural Resources Division Arkansas Department of Agriculture 10421 West Markham Street Little Rock, Arkansas 72205 Ryan.Benefield@arkansas.gov SAMPLE RESOLUTION FOR SIGNATORY AUTHORITY (USE OFFICIAL CITY LETTERHEAD) RESOLUTION NUMBER A RESOLUTION DESIGNATING AND AUTHORIZING THE MAYOR TO EXECUTE CERTAIN DOCUMENTS IN CONNECTION WITH FUNDING ADMINISTERED BY THE ARKANSAS NATURAL RESOURCES COMMISSION WHEREAS, the City of , Arkansas owns and operates a system (the "System") in order to provide service to meet the needs of the City and its inhabitants; and WHEREAS, the City Council has determined that it is in the best interest of the City and its inhabitants to apply for assistance from the Arkansas Natural Resources Commission (the "ANRC"), in order to make certain improvements to the System; NOW, THEREFORE, BE IT RESOLVED by the City Council of , Arkansas: Section 1. That the Mayor of the City, as a Signatory Agent or the successor of said Agent, is hereby authorized and directed to make application for assistance administered by the ANRC and to execute, when approved by the City Council, a bond purchase agreement and instruments issued or made pursuant thereto on behalf of the City from time to time. Section 2. That the Manager of the System, as a Signatory Agent or the successor of said Agent, is hereby authorized to execute, for and on behalf of the City, all other documents and certificates required. PASSED: , 20 Attest: City Clerk Mayor APPROVED: NOTE: THIS RESOLUTION MUST BE SUBMITTED TO ANRC. ARKANSAS NATURAL RESOURCES COMMISSION FUNDING APPLICATION I. PROJECT & GENERAL INFORMATION This application is designed for projects that will pledge water and/or sewer system revenues, Sales Tax revenues or Property Tax revenues. When asked to provide information on the system, provide information for the system(s) which will be pledging revenues to the loan. Applicant/Legal Entity Name: City of Fayettc\ illc, Arkansas FEIN: 71-6018462 SAM.gov UEI: FKCQRMDULFl19 County: Washington Contact Person: Paul Becker Title: Chief Financial Officer Mailing Address: 113 West Mountain Strect City, State, Zip: Fayetteville, Arkansas 72701 Phone t#: (479)57�-81 ;U Fax #: E-mail: pl,ccker(uJavette\ ille-ar.gov Date of Water/Wastewater Advisory Committee (WWAC) review: Has this project completed Water Plan Compliance (WPC)? Yes❑ No ❑ Project Name: �\ ctit I ransmission Main Prirjccl Brief description of project:(A brief narrative, including the population, project location, discussing the background and need for the project; include specific reason(s) for the project and any existing problems. If the project is needed to meet federal or state health and/or safety requirement, the specific health or safety requirements the project will address must be included. If you require additional space, please attach a separate sheet). Please see Attachment 1. All applicants are advised to contact ANRC Environmental Review Specialist, Keith Sanders (keith.sanders(arkansas.gov), as early as possible to determine the scope and level of environmental review required as that determination may affect the proposed project costs. Revision: November 25, 2022 ANRC Request for Funding, Page 1 of 5 PROPOSED PROJECT FUNDING BREAKDOWN: Show the proposed ANRC loan amount, the Applicant contribution and any other source of funding for the proposed project. If another funding agency is involved, list the agency and describe the status of that funding application (not applied, applied, approved or awarded). The Total Project Funding must equal the Proposed Project Cost, Total Estimated Capital Cost of project. Funding Source Funding Amount Status Proposed ANRC Funds $ -.000.000.00 N/A Proposed ANRC Funds Infrastructure Lead Service Line Proposed ANRC Funds Infrastructure Emerging Contaminants: $ $ N/A N/A Applicant Contribution: $ N/A USDA — Rural Development Grant: $ USDA — Rural Development Loan: $ ADED Grant (CDBG): $ Other: $ Total Project Funding $ 85.000.000.00 PROPOSED PROJECT COSTS: Line -item budget estimates for the project, not just loan amount. Construction Period (months to construct) Construction 66,000,000.00 Contingencies I' I$ (Check to memde 10%) $ 7,500,000.00 Engineering -Planning, Design, and Construction (Check to override) $ 8,350,000.00 Engineering -Inspection (Check to override) [_!�]$ 1,200,000.00 Legal (check to wernde) r $ Administrative $ Other : Easenwn(s $ 1,950,000.00 Other: $ Estimated Capitalized Interest during Construction *x (Check tooverndel $ 0.00 Total Estimated Capital Cost of Project: $ Note- a 31% issuance fee will he added for state funded projects 85,000,000.00 "• Interest accrued during construction may be paid directly by the applicant or paid from the loan proceeds. Can this project be ready to bid within 12 months of Commission approval? Yes ❑ No ❑ If not, how many additional days will be required to be ready to bid? 180 Are the Engineering Fees above adequate if the project is funded from the State Revolving Fund (Federal funds)? Yes Z No ❑ If not, how much additional funding would be necessary: Describe Capital Cost increases in the above budget estimates that would necessitate additional funding: None anticipated, estimates include escalation and conservancies. AUDITOR (required) Company Name: FORVIS Contact Person / Title: Cynthia Burns Director Mailing Address: 809 S. 52nd Street, Suite A City, State, Zip: Rogers, AR 72758 Telephone No.: 479.845.0278 Fax No.: E-mail: Cynthia.Burns(4,1'L)rvis.com Calculate Revision: November 25, 2022 ANRC Request for Funding Page 2 of 5 Additional Contact Information (optional) BOND COUNSEL CONSULTING ENGINEER Firm's Name: Kutak Rock LLP Company Name: McClelland Consulting Engineers. Inc. Contact Person: Gordon M. Wilbourn Contact Person Trent Williams Title: Partner Title: Project Engineer Mailin Address: 234 Last Millsap Road. Suite 200 Mailin Address: 1580 E. Stearns Street City, State, Zip: Favetteville. AR 72703 City, State, Zi Fayette,, ills. AR 72703 Telephone No.: (SO I ) 975-3000 Telephone No.: (479) 413-2377 Fax No.: Fax No.: (479) 43-9241 E-mail: E-mail: twilliams(u mce.us.com ARKANSAS ELECTORAL DISTRICTS ff Senate Dist.: 30 House Dist.: 22 11. CUSTOMER INFORMATION U.S. Congressional Dist.: SYSTEM CUSTOMER BASE: If available, provide one copy of any financial design report or rate study that identifies the current and projected customer base and water loss. Complete "Current" as instructed and, ONLY if the project will increase the number of customers after completion, then complete "Projected". System Population: 100,000 Community Population: 93.949 CURRENT: List each user class or meter size in your rate structure (residential, commercial, industrial, low income, etc.), along with the number of users and billable water in each class. If you require additional space, please attach o separate sheet with the list. "Billable water" is defined as adding together by class or meter size the water (or sewer) usage on each individual water (or sewer) bill for the most recent twelve (12) month period beginning with the latest month. User Class or Meter Size No. of Customers Billable Water Last 12 Months (in Gallons) Please sce Attachincill 2. IROJECI ED: Provide post construction projected number of system customers available, it applicable User Class or Meter Size No. of Customers Note III. CURRENT USER CHARGES AND CUS Do you have a user charge ordinance? Ordinance Number: 5123 and 5129 OMER INCOME: Yes ❑✓ No Date of Ordinance: April I �. 1008 Attached is a copy of the current user charge ordinance showing the rate structure for the system? Yes a No ❑ If the user charge ordinance is not attached, please explain why it is not available and when it will be available. Fhere is a rate study in progress, which should be completed in .July 20213. Revision: November 2-5, 2022 ANRC Request for Funding Page 3 of 5 IV. FINANCIAL INFORMATION: What is the Systems' reporting year (For Example July 1 to June 30)? January - December Do you have certified audits of the System's Financial Statement for the two (2) most recent fiscal years? Yes Z No FIf Yes, attached is one (1) copy of the certified audits of the System's Financial Statement for the two (2) most recent fiscal years. F-1If No, attached is one (1) copy of the uncertified audits of the System's Financial Statement for the two (2) most recent fiscal years. A copy of these documents must be submitted with each application, the signatory authority will certify that the information in this application is true and correct, including the financial documents. Please contact the ANRC Financial Analyst, at 501-682-0550 or anrc.applications@arkansas.Rov, if you have any questions on what should be provided. V. REVENUE SOURCES FOR THE SYSTEM: Do you have other sources of revenue? Yes No Z ❑Attached is a copy of Sales Tax ordinance(s) and Property Tax ordinance(s) that provide revenues to the system, all revenues may be considered for annual debt service. Describe how these revenues are used: Water and sewer line repairs and replacements are being funded with revenues from the Water and Sewer Fund and federal and state grants. V11. DEBT FOR THE SYSTEM: Do you have other Debt not included the Financial Statements? YesElNo a Attached is one copy of the amortization schedule for each debt(s) payable from system revenues. Do you have a debt service reserve fund or account? Yes No Z If yes, provide the name and current balance of each fund or account. Attached is a copy of the debt service reserve account statement(s). Do you have a depreciation reserve fund or account? Yes No Z If yes, list the name and current balance of each fund or account: ❑Attached is a copy of the statement for each fund or account listed above. N'l I. SIGNATORY AUTHORITY: Do you have a current signatory authority resolution? Ordinance Number: Date of Ordinance: Yes1-1 NoF] Attached is a copy of the current signatory authority resolution. Yes1-1 No If not attached, when it will be provided: The ordinance is under review and will be presented to the City Council for apprm al durin-, Quarter-2 of 2023. Revision: November 25, 2022 ANRC Request for Funding Page 4 of VIII. PROJECT CATEGORIES 1. Is this a regionalization project? *Yes❑ No ✓❑ 2. Is this an Emerging Contaminant project? 'Yes❑ No ✓❑ 3. Is this a Lead Service Line Replacement or Inventory project? *Yes❑ NoFV1 4. Does this project address water quality concerns in the Illinois River? *Yes ❑ NoF 5. Does this project address water quality concerns in the Buffalo River? *Yes[:] NoFV11 6. Does this project include Cyber Security eligible components? *Yes❑ No❑✓ $ 7. Does this project include CWSRF eligible sponsorship projects? *Yes[] No❑✓ $ 8. Is this project on the CWSRF or DWSRF Project Priority List? Yes ✓❑ Non 9. Are you requesting this project be considered for a reduced lending rate as an equivalency project, meeting all federal requirements including but not limited to American Iron and Steel (Ai§1 Davis Bacon Wage Requirements (Davis -Bacon) and Buy America, Build America (BABA)? Yes IV No ❑ *If you answered Yes to any of the above questions with an asterisk, explain in the project description how and why In the project description. IX. ASSURANCES Applicant agrees to: 1. Acquire all goods and services for this project in accordance with the Arkansas laws regarding procurement of Professional Services, Construction Services, and Goods and Equipment. 2. Not enter into any construction contracts until all property necessary to construct the project has been acquired and acceptable certification has been furnished to and approved by ANRC. 3. Have the right of eminent domain and will take condemnation action, if necessary, to acquire all land, easements, and right-of-way required to construct the project. 4. Make a declaration of official intent for preliminary expenditures, expenditures paid sixty days prior to passage of the "Resolution of Intent" may not be eligible for reimbursement. 5. Maintain adequate financial records and obtain independent audits annuallythat conform to Generally Accepted Government Accounting Standards and submitthe audits to the Arkansas Natural Resources Commission. Obtain annual independent audits of the System that conform to the requirements of the Uniform Grant Guidance, 2 CFR 200.500 Subpart F — Audit Requirements [formerly known as the Office of Management and Budget A-133 audit standards (Single Audits)] as long as funds are disbursed and will submit the audit to the Water Resources Development Division. X. CERTIFICATION I certify that I am the duly authorized representative of the within -named Applicant, and that I have read and understand these requirements and assurances. To the best of my knowledge and belief, the information in this application is true and correct. I understand the State may review any relevant documents or instruments relating to the analysis of this application. I further certify that the proposed project/action will not significantly affect environmentally important natural resources areas such as wetlands, floodplains, significant agricultural lands, aquifer recharge zones, wild and scenic rivers, and significant fish or wildlife habitat. Name of Applicant Name and Title of Duly Authorized Representative City of Fayetteville, Arkansas I Mayor Lioneld Jordan Signature / Date 011 3o-)oa3 Revision: November 25, 20Z2 v ANRC Request for Funding Page 5 of 5 ATTACHMENT 1 Description of the Project — Need for the Project The City of Fayetteville (City) owns and operates a parallel water transmission main system from the Beaver Water District (BWD) water treatment plant in Lowell that enter from the northeast corner of the City. These existing transmission mains are a 36-inch pipe installed in 1967 and a 42-inch pipe installed in 1993. BWD intends to construct a new 60-inch transmission main from its existing water treatment plant to a new pump station (Western Corridor Pump Station, or WCPS) located west of 1-49 and north of Hwy612. The WCPS will deliver water to BWD's four major customer cities (Fayetteville, Springdale, Rogers, and Bentonville), helping with hydraulics, critical redundancy and overall utility resiliency. BWD's 60-inch transmission main and WCPS are anticipated to be constructed and in operation by the first quarter of 2026. In 2012, the City retained McClelland Consulting Engineers, Inc. (MCE) to establish a preliminary alignment and begin easement acquisitions for a future 48-inch transmission main that would connect to the proposed WCPS. This transmission main is hereinafter referred to as the 48-inch West Transmission Main, or WTM. Until last year, the City desired a connection to the WCPS by 2030. However, due to multiple reasons described in the Need for the Project section, the City has accelerated this schedule significantly with the goal of being connected by the first quarter of 2026. MCE began preliminary design of this project in September 2022 and is expected to move into final design in mid-2023. Easement appraisals and acquisition are occurring concurrently with the design and all easements will be acquired prior to completion of final design, which is anticipated to occur in mid-2024. Due to the accelerated schedule, the City is strongly considering the Construction Manager At -Risk (CMAR) delivery method and may engage a construction manager as early as mid-2023. As previously stated, the City originally desired a connection to the proposed WCPS by 2030, but has recently expedited this schedule to be connected by the first quarter of 2026. Following is a brief discussion on the need for the project and reasons for accelerating the schedule. The condition of the City's existing 36-inch transmission main is rapidly deteriorating in several areas due to corrosion from shale soils. This has resulted in several recent large water main leaks that have caused damages to homes, properties, and roadways. During these large leaks, the water system is highly vulnerable to mass water outages across the service area. Furthermore, the City cannot operate this 36-inch transmission main at any pressures above the absolute minimum to meet the increasing water demands on the system, as this triggers even more leaks and required emergency repairs. In addition, the City has experienced higher than projected water demands due to population and use increases. In the City's 2017 Water Master Plan Update, the proposed48-inch WTM was projected to be needed in 2033 to provide adequate water to the system. However, a recent modeling update using the 2020 census data shows that this new 48-inch WTM is required by 2029 simply to meet maximum day demands in the summertime. Finally, due to existing water demands and usage, the existing 36-inch transmission main cannot be taken out of service for a long enough period to replace sections of the line experiencing the worst corrosion. While replacement of long sections of this line has been previously identified as the most critical project needed for delivery of water to the City's system, the only way to effectively meet this need is to construct the proposed 48- inch WTM as expeditiously as possible. Once this new line is operation, the existing 36- inch transmission main can be replaced and provide the redundancy needed to support the future growth of the City. ATTACHMENT 2 City of Fayetteville, Arkansas - Water and Sewer 2022 Average Consumption by Meter Size Billable Water Meter Size No. of Customers Last 12 Months (Gal) 3/4-inch & 5/8-inch 44,347 2,146,217,412 1-inch 2,393 597,292,800 1 1/2-inch 616 416,908,800 2-inch 724 889,651,200 3-inch ill 173,692,800 4-inch 38 880,171,200 6-inch 12 708,364,800 8-inch 1 104,761,200 Total Meter Size Average of CONSUMPTION 5,917,060,212 Billing Multiplier Average Consumption (in gallons) 1 1/2" 564 100 56,400 i" 208 100 20,800 1/2" 42 100 4,200 2" 1,024 100 102,400 3" 1,304 100 130,400 3/4" 42 100 4,200 4.00" 19,302 100 1,930,200 5/8" 37 100 3,700 5/8" x 3/4" 42 100 41200 6" 49,192 100 4,919,200 8" 87,301 100 8,730,100 ARTICLE V RATES AND CHARGES ARTICLE V RATES AND CHARGES 51.135 Service Deposits A service deposit shall be made with each application for water service, construction water service and construction solid waste service if such precedes construction water service. This service deposit shall be retained in trust, without interest, by the city's Finance Department. When service to the depositor is discontinued permanently, said service deposit shall be applied to the final billing and the remainder, if any, returned to the depositor. (A) Refund of Service Deposits. If the depositor achieves twelve (12) consecutive months of on -time payments in full of all water, sewer, and/or sanitation fees due the city, the service deposit shall be refunded to the depositor. If a new customer can provide adequate proof of his or her twelve (12) consecutive month history of prompt and full utility payments to the Business Office Supervisor, the Business Officer Supervisor shall waive the requirement of a security deposit for this new customer. (B) Reinstitution of Service Deposit. If a customer has received a refund of the service deposit or had the service deposit waived for proof of twelve (12) consecutive month prompt payment history and the customer fails to promptly pay a monthly billing, the Business Office Supervisor may require payment of a new security deposit in an amount equal to or double the amount of the normal security deposit depending on the amount owed, lateness of payment and any reasons for late payment. (C) Service Deposits for Addresses to Which Water Was Shut-off by the City for Delinquent Bills. (1) If a current customer has had water shut off for failure to pay city bills, the customer must pay a $35.00 reconnect fee plus the full amount of the back bill to receive water service. The Business Officer Supervisor may also require double the normal deposit if this is a recurring problem. (2) If a new customer seeks to have water turned on at an address or residence which was shut-off for non-payment within the preceding sixty (60) days, the new customer must pay the back water bill before the water may be turned on. A new security deposit may also be required. (3) The Business Office Supervisor or designee may waive the reconnect fee after taking into consideration the consumer's property ownership, credit experience with the consumer, payment record of the consumer, and status of current service deposit(s) the consumer presently has active with the city on other utility accounts. (4) The Mayor may, in cases of extreme hardship (unknown water leak in customer's line, excusable neglect, etc.), authorize continued or beginning water service with extended payment terms for past due bills, reduction of amounts due, or other compromises. No compromise or settlement may violate the terms of any bonds for which water or sewer revenue is pledged. (D) Government Consumers. Federal, state, county, and other local government consumers shall not be required to make a service deposit. (E) Private Residential Consumers. A private residential consumer shall be required to make a minimum service deposit of $50.00 unless waived pursuant to subsection B. For the purpose of this division, a private residential consumer is defined as any single-family unit without regard to property ownership or a single apartment occupied by no more than four unrelated persons for which an individual meter is required. (F) Other Residential Consumers. All other residential consumers, whether apartment houses, boardinghouses, fraternity houses, sorority houses, or other multiple -family dwellings where master meters are used shall be required to make a service deposit of $200.00. Fayetteville, Arkansas, Code of Ordinances (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 1 of 23 (G) Impact Fee Requirements. All customers obtaining a new water service including building contractors obtaining water for construction purposes shall be required to comply with §159.02 of the Unified Development Code of Fayetteville Regulating Collection and Disbursement of Water and Wastewater Impact Fees. Individual deposits for each new water and sewer service are required. (H) Commercial Customers. Commercial customers such as owners of hotels, motels, cafeterias, restaurants, service stations, car washing establishments, supermarkets, laundries, and industrial consumers shall be required to make a minimum service deposit of $100.00, or that equal to the highest one (1) month bill, whichever is greater. (1) Rental Cleanup Deposits. Rental property owners obtaining water for rental cleanup purposes must sign the property owner's agreement which lists all properties to be covered under this section and states rental property owners will be billed for all of the services provided (water, wastewater and solid waste). At such time as an individual dwelling is occupied, the deposit required by subsection (B) of this section shall be made for that unit. Failure of property owners to pay billings as presented will result in cancellation of the property owner's agreement and all future service orders shall require a deposit equal in amount as set forth in subsection (E). The signed agreement, between the city and property owners must be executed prior to turn on service being provided and must contain a listing of individuals authorized to initiate service under the provision of this subsection. (J) Water For Irrigation Purposes. All customers requesting water service for irrigation purposes shall be required to make a minimum service deposit of $50.00 for service whereas the water meter is sized one inch or less, $100.00 whereas the water meter is sized over 1 inch, or that equal to the highest one (1) month bill, whichever is greater. (K) Delinquent Payment History. For all customer types, the service deposit amount required may be increased up to two and one-half (2%2) times the estimated maximum bill, as determined by the Business Office Supervisor or designee, if the customer has a history of delinquent payment or nonpayment of his bill. Increased service deposits may be required of all consumers whether residential, commercial, industrial, or irrigation services. (L) Time of Payment. The Business Office Supervisor or designee shall determine with each application for water service whether the service deposit shall be paid at the time of application, or if said deposit may be billed to the consumer, in part or in whole, on the first month's billing or spread over several month's billings. (1) In determining the required method of payment for the service deposit, the Business Office Supervisor or designee shall take in consideration property ownership, credit experience with the consumer, payment record of the consumer, and status of current service deposit(s) the consumer presently has active with the city on other utility accounts. (M) Inactive Meter Use. In the event of water consumption on an inactive meter when no service deposit has been made, the water meter shall not be reconnected until the customer pays the required service deposit and pays a $35.00 reconnection charge plus the back bill. (Code 1965, §21-24; Ord. No. 1731, 2-2-70; Ord. No. 2675, 11-4-80; Ord. No. 3739, §4, 11-6-93; Code 1991, §51.135 Ord. No. 4493 06-03-03) 51.136 Monthly Water Rates Effective as of the first billing statements issued after April 30, 2008, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged. All non -emergency water uses shall be billed to the user, to include but not limited to water used for: use within structures; business; manufacturing; irrigation; retail by another water utility; city uses; educational purposes; medical purposes; water system routine (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 2 of 23 non -emergency uses; wastewater system routine non -emergency uses; non-profit uses; fire department non - emergency uses to include training and equipment calibration; construction of new water mains; street cleaning; and wet down of construction sites and materials. Emergency water use that does not pass through a water system meter shall not be billed, including fire fighting, water leaks, water leak repair, and emergency water line flushing. The volumes used for these emergency purposes should be estimated and submitted monthly to the Business Office Manager and the Water/Sewer Operations Manager. (A) Monthly Water Rates. (1) The water usage of each customer shall be determined each month by meter measurement and the amount per 1,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. The minimum billing shall be 1,000 gallons per month. Table A-1 Monthly Water Rates After April 30, 2008 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $2.11 $2.43 Next 13,000 $2.81 $3.23 Over 15,000 $3.98 $4.58 Non -Residential First 300,000 $2.55 $2.93 Over 300,000 $1.95 $2.24 Major Industrial All Usage $1.77 $2.04 Irrigation First 300,000 $2.81 $3.23 Over 300,000 $1.84 $2.11 Wholesale Reduced Peak Demand $1.84 $1.84 Peak Demand $2.04 $2.04 Table A-2 Monthly Water Rates After December 31, 2008 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $2.25 $2.59 Next 13,000 $2.99 $3.44 Over 15,000 $4.24 $4.88 Non -Residential First 300,000 $2.61 $3.00 Over 300,000 $2.11 $2.43 Major Industrial All Usage $1.89 $2.17 Irrigation First 300,000 $3.09 $3.55 Over 300,000 $2.16 $2.48 Wholesale Reduced Peak Demand $1.95 $1.95 Peak Demand $2.16 $2.16 (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 3 of 23 Table A-3 Monthly Water Rates After December 31, 2009 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $2.39 $2.75 Next 13,000 $3.17 $3.64 Over 15,000 $4.49 $5.16 Non -Residential First 300,000 $2.68 $3.08 Over 300,000 $2.28 $2.62 Major Industrial All Usage $2.01 $2.31 Irrigation First 300,000 $3.37 43.88 Over 300,000 $2.70 $3.11 Wholesale Reduced Peak Demand $2.01 $2.01 Peak Demand $2.23 $2.23 Table A-4 Monthly Water Rates After December 31, 2010 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $2.53 $2.91 Next 13,000 $3.36 $3.86 Over 15,000 $4.75 $5.46 Non -Residential First 300,000 $2.75 $3.16 Over 300,000 $2.45 $2.82 Major Industrial All Usage $2.14 $2.46 Irrigation First 300,000 $3.64 $4.19 Over 300,000 $3.28 $3.77 Wholesale Reduced Peak Demand $2.07 $2.07 Peak Demand $2.30 $2.30 (2) Beginning January 1, 2012, all monthly water rates shall be increased by 3% per year. (3) All bills under such schedules shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable sales tax and franchise fees shall be added to the bill so computed. (4) When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (Supp. No. 27) Created: 2022-12-12 10:36:34 JEST] Page 4 of 23 (5) Water used for flushing and sampling of newly constructed water lines, Fire Department training and equipment calibration, and other similar uses requiring a large volume and/or high velocity of water movement shall employ a fire hydrant meter of the appropriate size for the use. If a fire hydrant meter cannot be used due to high flow or volume requirements, then the volume of water used shall be measured by using a pitot gauge to determine the gallons per minute and by timing the flow of water to be able to calculate total volume. In the cases of fire department training and equipment calibration, sewer line washing, street sweeping, and other uses where the equipment employed has a built-in water meter, these built in water meters may be used. All such meters other than those on fire trucks must be evaluated by the Meter Superintendent. These water uses shall be billed at the same rates as non-residential customers. (6) Monthly wholesale treated water rates outside city limits are based on Cost of Service Methodology. (B) Monthly Water Service Charge. (1) In addition to the above, each customer shall pay a monthly water service charge in accordance with the following schedule: Table B-1 Monthly Water Service Charge After April 30, 2008 Meter Size Inside City Outside City Wholesale % x % inch $4.00 $4.60 $5.00 1 inch $5.55 $6.38 $7.00 1 % inch $9.70 $11.16 $12.15 2 inch $14.10 $16.22 $17.70 3 inch $32.90 $37.84 $41.30 4 inch $54.45 $62.62 $68.30 6 inch $108.85 $125.18 $136.70 8 inch $163.30 $187.80 $205.00 Table B-2 Monthly Water Service Charge After December 31, 2008 Meter Size Inside City Outside City Wholesale % x Y4 inch $4.25 $4.89 $5.30 1 inch $5.90 $6.79 $7.40 1 % inch $10.30 $11.85 $12.85 2inch $15.00 $17.25 $18.75 3 inch $34.95 $40.19 $43.80 4 inch $57.85 $66.53 $72.25 6 inch $115.65 $133.00 $144.90 8 inch $173.50 $199.53 $216.90 (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 5 of 23 Table B-3 Monthly Water Service Charge After December 31, 2009 Meter Size Inside City Outside City Wholesale Ys x % inch $4.50 $5.18 $5.60 1 inch $6.25 $7.19 $7.80 1 % inch $10.90 $12.54 $13.55 2 inch $15.90 $18.29 $19.75 3 inch $37.00 $42.55 $45.10 4 inch $61.25 $70.44 $76.10 6 inch $122.45 $140.82 $149.20 8 inch $183.70 $211.26 $228.40 Table B-4 Monthly Water Service Charge After December 31, 2010 Meter Size Inside City Outside City Wholesale % x % inch $4.75 $5.46 $6.00 1 inch $6.60 $7.59 $8.30 1 %2 inch $11.50 $13.23 $14.45 2 inch $16.75 $19.26 $21.00 3 inch $39.05 $44.91 $46.50 4 inch $64.65 $74.35 $81.10 6 inch $129.30 $148.70 $153.70 8 inch $193.90 $222.99 $240.50 (2) Beginning January 1, 2012, all monthly water service charges shall be increased by 3% per year. (3) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after April 30, 2008. (4) Customers served through the White River Rural Water System will pay the outside city rate plus an additional $5.94 per month for all bills issued prior to January 1, 2012. This additional amount will not be charged on any bills issued after December 31, 2011. (5) The State of Arkansas mandated Safe Drinking Water Act fee shall be added to the monthly water utility bill. (C) Monthly Standby Fire Protection Service Charge. (1) Charges for unmetered service connections for standby fire protection and fire hydrants shall be based on the incoming line size or the backflow preventer size, whichever is smaller, as set forth in the following table: (Supp. No. 27) Monthly Standby Fire Protection Service Charge Created: 2022-12-12 10:36:34 [EST] Page 6 of 23 Line Size or Backflow Preventer Size Inside City Outside City 1 inch $ 9.75 $ 11.68 2inch 10.17 12.10 2.5 inch 20.33 23.37 3 inch 30.48 35.06 4 inch 60.97 70.11 6 inch 169.34 194.74 8 inch 355.65 409.00 10 inch 609.68 701.11 (2) The Utilities Department shall review the monthly standby fire protection service charges every two (2) years and shall make recommendations to the City Council following such review. Fire protection lines shall not be connected to the water system downstream from a meter. (Code 1965, §21-25; Ord. No. 1165, 4-18-58; Ord. No. 2144, 9-2-75; Ord. No. 2594, 2-5-80; Ord. No. 3197, 7-1-86; Ord. No. 3409, 2-21-89; Ord. No. 3431, 6-6-89; Ord. No. 3491, 7-17-90; Ord. No. 3513, 9-18-90; Ord. No. 3519, 11- 20-90; Ord. No. 4059, §1, 10-7-97; Ord. No. 4223, 2-15-00; Code 1991, §51.136; Ord. No. 4530 12-02-02; Ord. No. 4540, 02-03-04; Ord. No. 5123, 4-1-08; Ord. No. 6169 , §1, 4-2-2019) 51.137 Monthly Sewer Rates (A) Monthly Sewer Rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 7 of 23 Table D-1 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 $3.10 2,000 gallons Non -Residential All Usage $2.42 Major Industrial All Usage $2.42 Farmington All Usage $4.66 Outside city All Usage $4.66 Elkins 85% of metered $2.81 water usage Usage above 85% of $1.98 metered water usage (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 8 of 23 Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2008 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.00 Greater than $4.00 2,000 gallons 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 $3.53 water usage Usage above 85% of $1.85 metered water usage (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 9 of 23 Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2009 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.07 Greater than $4.10 2,000 gallons 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 $3.64 water usage Usage above 85% of $1.91 metered water usage Table D-4 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 $4.18 2,000 gallons 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 $3.75 water usage Usage above 85% of $1.96 metered water usage (2) Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per -thousand volumetric usage or a per month basis. (B) Monthly Sewer Service Charge. (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 10 of 23 (1) In addition to the above, each customer shall pay a monthly sewer service 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 % x 3/ inch $10.36 $10.35 $10.35 1 inch $13.47 $19.35 $19.35 1% 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 8 inch $356.48 $509.76 $509.76 Table E-2 Monthly Sewer Service Charge After December 31, 2008 Meter Size Inside City Outside Cityt Farmingtont % x % inch $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 % x % inch $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 3 inch $90.20 $129.25 $118.75 4 inch $148.60 $212.80 $195.55 6 inch $294.50 $421.88 $387.70 8 inch $440.45 $631.00 $579.90 (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 11 of 23 Table E-4 Monthly Sewer Service Charge After December 31, 2010 Meter Size Inside City Outside City+ Farmington+ % x % inch $13.20 $13.20 $12.10 1 inch $17.15 $24.50 $22.60 1% 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 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 twelve (12) month period beginning with the billing for the month when rates adjudged hereby go into effect. (E) Extra Strength Surcharge. (1) For all significant industrial users as defined in §51.074, whose wastewater discharge is greater than 300 mg/I of BOD 5 and/or TSS, the city shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Created: 2022-12-12 10:36:34 [EST] (Supp. No. 27) Page 12 of 23 Table F3 Extra Strength Surcharges After 12/1/2011 Extra Strength BOD S $0.3145 per pound Extra Strength TSS $0.2209 per pound (2) Starting after December 31, 2011, Extra Strength Surcharges shall be increased by 3% per year. (3) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (4) All sampling and analyses of the wastewater characteristics shall be performed in accordance with U.S. Environmental Protection Agency 40 Code of Federal Regulations Part 136 approved methods. (5) The volume of flow used in computing surcharge shall be based upon metered water consumption as shown in the records of meter readings maintained by the city's business office. In the event that a user discharging waste into the city sanitary sewer system produces evidence to the city demonstrating that a portion of the total amount of water used for all purposes is not discharged into the sanitary sewer, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (6) Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of the user's water supply from sources other than the city, all or part of which is discharged into the sanitary sewer, shall install and maintain at the user's expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meter will be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water measured by the aforesaid meter or meters does not enter the sanitary sewer system of the city, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (7) Computation of extra strength surcharges shall be based on the following formula: (a) Extra strength surcharge: S I = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (TSS - 300)] (b) Where: S = Surcharge in dollars V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD Unit Charge = Unit charge for BOD in dollars per pound BOD = BOD strength in parts per million 300 = Allowed BOD strength in parts per million TSS Unit Charge = Unit charge for suspended solids in dollars per pound (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 13 of 23 TSS = Suspended solids strength in parts per million 300 = Allowed TSS Strength in parts per million (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. (G) Hauled Wastewater Fees. (1) Application fee. An application to discharge hauled domestic waste must be accompanied by a fee of $100.00. (2) Discharge fee. A fee of $50.00 must be paid for each hauled domestic waste load discharged. (H) Industrial Wastewater Discharge Permit Fee. (1) Application Fee. An application for an industrial wastewater discharge permit must be accompanied by a fee of $500.00. (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, §2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 12-20-05; Ord. No. 4998, 4-3-07; Ord. No. 5129, 4-15-08; Ord. No. 5438, 9-20-11; Ord. No. 5739, 2-17-15) 51.138 Definitions Pertaining To Water And Sewer Rates For the purpose of the sections pertaining to water and sewer rates, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (A) City of Farmington Customer. Customer whose structure being served for water and/or wastewater is physically located within the incorporated limits of the City of Farmington, Arkansas, who is served by the City of Fayetteville for water and/or sewer service. (B) Inside City Customer. Customer whose structure being served for water and/or wastewater is physically located inside the incorporated limits of the City of Fayetteville, AR. (C) Infiltration/Inflow. The total quantity of water other than wastewater from both infiltration and inflow without distinguishing the source from defective pipes, pipe joints, connections, manholes, roof down spouts, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, storm sewer cross -connections, catch basins, cooling towers, storm waters, surface runoffs, street wash (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 14 of 23 water, or drainage. Infiltration and Inflow are specifically prohibited from being intentionally allowed into the sanitary sewer system. (D) Irrigation Users. Irrigation users include meters installed which serve primarily landscape irrigation systems and include city -owned meters which directly connect to the city water system (water only) or privately owned meters located downstream of a city -owned meter (exempt meters). Meters which serve park properties, golf courses, commercial nurseries and/or land agricultural uses shall be classified as irrigation except for meters at these locations which serve exclusively non -irrigation uses. Exempt meters which serve uses other than landscape irrigation systems shall also be considered irrigation and shall not be considered commercial. (E) Major Industrial User. An industrial customer who uses an average of 5,000,000 gallons or more of metered water per month in the previous calendar year for non -irrigation use at a common facility/building. This does not apply to combined or consolidated sets of bills for non -irrigation use at separate facilities/buildings. (F) Municipality. A city, town, county, parish, district, association, or other public body (including an inter - municipal agency of two or more of the foregoing entities) created under state law having jurisdiction over disposal of sewage, industrial waste or other waste. The definition includes special districts such as water, sewer, sanitary, utility, drainage, transport, or disposal of liquid waste of the general public in a particular geographic area. (G) Non-residential Customer or User. All customers that do not meet the specific definitions of residential customers, irrigation users, or major industrial users. Non-residential customers include but are not limited to retail establishments, restaurants, office buildings, laundries, governmental, educational, social, charitable, religious, medical, penal institutions, poultry houses, other private business and service establishments. It also includes industrial users using less than an average of 5,000,000 gallons per month in the previous calendar year. (H) Operation and Maintenance. Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and for which such works were designed and constructed. The term "operation and maintenance" includes replacement. (1) Replacement. Expenditures for obtaining and installing components, equipment and appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. (1) Residential Customer or User. Any contributor of wastewater to the city's treatment works whose dwelling in a single family home, duplex, triplex, fourplex and/or any individually metered dwelling unit that is used for domestic dwelling purposes only. (K) Treatment Works. Any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions improvement; remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, 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 biosolids, 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. Created: 2022-12-12 10:36:34 [EST] (Supp. No. 27) Page 15 of 23 (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 pitot gauge and a timer. (Code 1965, §21-26.1; Ord. No. 1760, 9-9-70; Ord. No. 2913, 4-19-83; Ord. No. 2972, 1-17-84; Ord. No. 3197, 7-1- 86; Ord. No. 3491, 7-17-90; Ord. No. 3637, §3, 8-18-92; Ord. No. 4059, §3, 10-7-97; Code 1991, §51.138; Ord. No. 5124, 4-1-08; Ord. No. 5739, 2-17-15) 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, §21-27; Ord. No. 1103, 2-20-56; Code 1991, §51.139; Ord. No. 5125, 4-1-08) 51.140 Water Billing Procedure (A) Water Service Bills. All bills for water services shall be rendered in the net amount due. Water bills are due and payable on or before the 20th day following the billing date stated on the water bill. Water bills not paid on or before the due date shall be considered delinquent and an additional charge of 10% of the total bill shall be paid; provided said penalty may be waived for elderly or handicapped utility customers pursuant to a penalty waiver program approved by the City Council. (B) Termination of Service. The city shall disconnect utility service in accordance with the following policies: (1) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid and deposit required has been made. It is the policy of the city to terminate service to customers for reason of nonpayment of bills only after they have been given notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect: (a) That all bills are due and payable on or before the date set forth on the bill; and (b) That if any bill is not paid by or before that date, notice will be mailed advising the customer that if the bill is not paid within twenty-eight (28) days following the billing date stated on the water bill service will be disconnected, and the customer's deposit will be forfeited in an amount sufficient to cover the gross amount of his due bill. The forfeiture of the deposit shall take place if the customer has not paid the delinquent bill plus all applicable service charges within seven days after disconnection; and (c) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and (Supp. No. 27) Created: 2022-12-12 10:36:34 fE57] Page 16 of 23 may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint. (2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified. (3) Before service may be re-established following disconnection or forfeiture of a service deposit, the consumer must pay any bill due the city for water service not liquidated by the forfeited deposit. Said consumer must also make a new service deposit in accordance with §51.135(I) and pay an additional service charge of $35.00. (4) Definition of "Customer." (a) For purposes of this section a "customer" shall mean a person or the spouse of the person in whose name water service from the City of Fayetteville has been obtained. A 'customer' shall also mean the trustee or any beneficiary of a trust which is the owner of any property which has received water service from the City of Fayetteville. Furthermore, a person who is a member of a Limited Liability Company, partnership, or similar entity which received water service in the entity's name or a principal shareholder or director of a corporation which has received water service shall be considered a "customer." (b) Unless the Mayor determines it would be unfair and create an undue hardship on any such customer or other person, the failure of such customer to fully pay the customer's city utility bill for any city utility account shall justify the discontinuance of utility service to all of the customer's properties and accounts. The Mayor may exempt from discontinuance of service a particular customer's utility account to prevent unfairness and undue hardship. (5) If the water meter has not been shut off, there shall be a service charge of $5.00 for collection of a water bill made in the field by a service person. (C) Billing Adjustments. All water consumers will be required to pay the full amount of the bill calculated by the city, except in those instances where the water meter concerned, or other water plant property, has been shown to be defective and has resulted in an excessive charge to the customer's account. (1) Where the consumer has not been negligent by his failure to repair known leaks or causes of excess water consumption, an adjustment may be made to the consumer's bill if in the opinion of the Water and Wastewater Director, or his official representative, an adjustment is justified. (2) In no event shall a billing adjustment exceed SO% of the difference between the average of the customer's prior billings and the amount of the disputed billing. (3) In no event will a billing adjustment amounting to less than $1.00 be made. (4) If the problem with the bill is due to leakage or some problem other than a misread or a malfunction of city equipment, the consumer shall pay a service charge of $5.00. (5) Permanent house numbers, visible from the street, if possible shall be prominently displayed before a meter check or service call is made. (Code 1965, §21-28-21-28.2; Ord. No. 1165, 4-18-58; Ord. No. 1731, 2-2-70; Ord. No. 2144, 9-25-75; Ord. No. 2330, 5-3-77; Ord. No. 2675, 11-4-80; Ord. No. 3193, 6-18-86; Ord. No. 3436, 7-5-89; Ord. No. 4223, 2-15-00; Code 1991, §51.140; Ord. No. 5219, 2-3-09) (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 17 of 23 51.141 Sewer Billing Procedure (A) Bills for sewer service shall be rendered monthly. Sewer bills are due and payable on or before the twentieth day following the billing date stated on the sewer bills. Sewer bills not paid on or before the due date shall be considered delinquent and an additional charge of 10% of the total bill shall be added, and if any bill not paid within thirty (30) days after the bill shall be due, suit may be brought to collect the amount due, together with the expenses of collection and a reasonable attorney's fee. (B) In the case of the sewer customers outside the city limits, if the monthly service charges are not paid within the prescribed time, sewer service to the customer will be discontinued in the same manner and subject to the same provisions as prescribed for discontinuance of service under §51.140(B). (Code 1991, §51.141) 51.142 Reduction Of Rates The city hereby covenants and agrees that the rates established by this article shall never be reduced while any waterworks and sewer revenue bonds issued pursuant to Ordinance No. 1166, passed and approved April 18, 1958, are outstanding, unless there is obtained from an independent certified public accountant a certificate that the net revenues of the system for each of the two preceding fiscal years (net revenues being defined as gross revenues less the reasonable expenses of operation and maintenance of the system, including all expense items properly attributable to operation and maintenance under generally accepted accounting practices applicable to municipal waterworks and sewer systems) were equal to the amount required to be set aside for a depreciation fund by Ordinance No. 1166, plus at least 150% of the maximum amount that will become due in any year for principal, interest, and service charges on all waterworks and sewer revenue bonds then outstanding, together with a written opinion from such independent certified public accountant that the proposed new rate will produce sufficient net revenue, as above defined, to make the required deposit into such depreciation fund and to leave a balance equal to at least 150% of the maximum amount that will become due in any year for principal, interest and service charges on all waterworks and sewer revenue bonds then outstanding. (Code 1965, §21-30; Ord. No. 1165, 4-18-58; Code 1991, §51.142) 51.143 Turning -On Of Water; Fees (A) All consumer requests for same day turn on service shall pay a $15.00 turn on fee in advance. (B) Before water service shall be turned on, permanent house numbers visible from the street, if possible, must be prominently displayed on the property. In the event water service cannot be turned on because the house numbers have not been prominently displayed or are inaccurate, the customer shall pay a $15.00 service charge for each trip to the property made by a service person for the purpose of turning on the water; provided there shall be no charge for the first two trips. For existing water services which do not have permanent house numbers prominently displayed on the property, the consumer shall be given written notice by certified mail that if his permanent house numbers are not prominently displayed within seven (7) days from the date of the notice, water service shall be disconnected and shall not be reconnected until a $15.00 service charge is paid. (C) In the event water service cannot be left on because of water running on the customer's side of the meter, a notice shall be left on the property stating that the water was left off because of the running water. In the event the service person is required to make more than one additional trip to turn on the water, or if the trip is made after normal working hours as defined in §51.140(B)(2) there shall be an additional service charge of $10.00 per trip. Created: 2022-12-12 10:36:34 fESTI (Supp. No. 27) Page 18 of 23 (Code 1965, §§21-31-21-33; Ord. No. 2144, 9-2-75; Ord. No. 2675, 11-4-80; Code 1991, §51.143) 51.144 Filling Water Tanks On Commercial Trucks; Rates (A) Water rates for consumers that purchase water for the purpose of filling water tanks on commercial trucks shall be as follows: Table I Water Rates for Commercial Water Trucks Volume Rate First 1,000 gallons A minimum of $9.00 ($5.00 labor plus $4.00 water/tax). Greater than 1,000 $4.00 per 1,000 gallons gallons (B) Rates are charged on a per -trip basis. The initial labor charge shall be paid upon each arrival at the fill site. (Ord. No. 3478, 4-3-90; Ord. No. 3491, 7-17-90; Ord. No, 4059, §4, 10-7-97; Code 1991, §51.144; Ord. No. 5126, 4- 1-08) 51.145 Address Number Requirements (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Permanent Numbers. Address numbers that are raised numbers, made of metal, wood, or plastic and are nailed or screwed into the building. These numbers are those assigned to the building by the city. (2) Stick -on Numbers. Address numbers that have an adhesive backing that are designed, or were originally designed, to stick onto the building. (3) Temporary Numbers. Address numbers that are raised numbers, made of metal, wood, or plastic and are nailed or screwed onto a board, and staked into the ground and rise from three to four feet above the ground. Temporary numbers may also be painted onto a board and staked into the ground. (B) Permanent Address Numbers Required. (1) Permanent numbers must be nailed or screwed into the building and must be clearly visible from the street. (2) All numbers shall be installed at the expense of the owner and shall be maintained at the owner's expense. (3) No "stick -on" numbers shall be accepted. (4) All numbers must be made of metal, plastic, or wood. (5) All numbers must be at least 3 inches in height. (6) All numbers must be contrasting in color to the building. (7) Numbers must be displayed on the front of the building, or on the side that faces the street and easily visible from the street. (Supp. No. 27) Created: 2022-12-12 10:36:34 IESTI Page 19 of 23 (8) Commercial establishments must have permanent numbers nailed or screwed into the building. Commercial establishments with glass fronts may have painted numbers on the glass, but only if there is nowhere possible to nail or screw permanent numbers into the building. (9) Commercial establishments that have individual suites must have permanent numbers on the building (building number) and also permanent numbers on each suite (suite number). (10) Mobile homes must have permanent address numbers nailed or screwed into the trailer. The numbers must be affixed to the side or end of the trailer that faces the street. (11) Mobile home parks must have the park address number displayed at the entrance to the park (may have permanent numbers or painted numbers affixed to park entrance sign), and must also have permanent, individual space numbers affixed to each mobile home. (12) Apartment buildings must have the building number permanently affixed to each building, and must also have individual apartment numbers permanently affixed to each apartment. (13) Buildings not visible from the street must have permanent numbers nailed or screwed into a board and posted at the entrance of the driveway (either on a post or on a tree); numbers must raise from 3 to 4 feet above the ground, and be clearly visible from the street. If two (2) or more buildings are on the same drive, permanent numbers must also be nailed or screwed into each individual building, as well as both numbers posted at the entrance of the driveway. (14) Construction sites, where the building is not complete enough to affix permanent address numbers, must display temporary numbers at the construction site where they are clearly visible from the street. (15) Locations where there is a water meter for purposes of irrigating, watering stock, chicken houses, and the like where there is no building to affix numbers, must be permanently nailed or screwed onto a board and posted at the entrance of the driveway; numbers must rise from three to four feet above the ground, and be clearly visible from the street. If there is no driveway to the property, the board must be posted near the water meter box. Any variations from this policy must have the prior written consent of the water and sewer services superintendent. (C) Service Requests. (1) Permanent numbers must be displayed before any service calls will be made by the city. (2) Permanent numbers must be displayed before a meter check or billing adjustment is made by the Water and Sewer Division. (3) Permanent numbers must be displayed before water service is turned on at the address. (4) In the event a service call is made and the address number is not displayed in the above manner, the property owner shall be assessed a fee of $15.00 for each trip to the property made by a service person provided there shall be no charge for the first two (2) trips. There shall be a $25.00 fee assessed for any service calls made after normal working hours (weekdays between 4:00 p.m. and 8:00 a.m., on holidays, or on weekends). (5) For existing water services which do not have permanent numbers prominently displayed, the consumer shall be given written notice by certified mail that if his permanent numbers are not prominently displayed within twenty-one (21) days from the date of the notice, water service shall be disconnected and shall not be reconnected until permanent numbers have been properly displayed and a $15.00 service charge is paid. (Ord. No. 3569, 10-1-91; Code 1991, §51.145) (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 20 of 23 51.146 Backflow Prevention (A) Purpose. The purpose of this section is as follows: (1) To protect the public water supply of the city from the possibility of contamination or pollution from Backflow into the public water system. (2) To promote the elimination or control of cross -connections, actual or potential, between the customer's potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems. (3) To contain at the service connection any actual or potential pollution or contamination within the customer's premises. (4) To provide a continuous, systematic, and effective program of cross -connection control. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) Backflow shall mean a hydraulic condition, caused by a difference in pressures, in which non -potable water or other fluids flow into a potable water system. (2) Backflow preventer shall mean a testable assembly to prevent Backflow. (3) Cross -connection means any actual or potential connection between the public water system and a source of contamination or pollution. (4) Double-check valve assembly (DC) means a complete assembly meeting AWWA Standard C510 and the requirements of the Arkansas State Plumbing Code consisting of two (2) internally loaded, independently operating check valves between two tightly closing resilient -seated shutoff valves, with four properly placed resilient seated test cocks. (5) Reduced -pressure principle bockflow prevention assembly (RP) means a complete assembly meeting AWWA Standard C511 and the requirements of the Arkansas State Plumbing Code consisting of a hydraulically operating, mechanically independent differential relief valve located between two (2) independently operating, internally loaded check valves that are located between two (2) tightly closing resilient seated shutoff valves with four (4) properly placed resilient -seated test cocks. (6) Air gap (AG) means a physical separation between the free -flowing discharge end of a potable water supply pipeline and an open or non -pressure receiving vessel. The air gap shall be at least two and one half (2Y-) times the diameter of the supply pipe. In no case shall it be less than one inch. (C) Handbook of Policies and Procedures. There is hereby adopted by the City Council, by reference thereto, the provisions set forth in the City of Fayetteville Cross -Connection Control Program: Handbook of Policies and Procedures, and may be revised as needed. (D) Applicability. (1) The requirements and standards set forth herein shall apply to residential establishments having in - ground irrigation systems, fire suppression systems, and/or pools and to industrial and commercial developments and buildings. These establishments, developments and buildings shall follow the requirements of the Arkansas State Plumbing Code and the City of Fayetteville's Cross -Connection Control Program: Handbook of Policies and Procedures. (2) Single-family residential dwelling units, unless involved in commercial operations, are exempt from the requirements of this section except for residential dwelling units having in -ground irrigation systems, fire suppression systems, pools or otherwise have a plumbing system that presents an unreasonable danger of contaminating the public water supply under the purview of the Arkansas State Plumbing (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 21 of 23 Code or the City of Fayetteville Cross -Connection Control Program: Handbook of Policies and Procedures. (3) These standards are supplemental to and do not supersede or modify the Arkansas State Plumbing Code (ASPC) and its latest revisions under which the city operates. (E) Administration. The Utilities Department of the city shall be responsible for administration of this section and evaluating the hazards inherent in supplying a customer's water system. (F) Bockflow Prevention. (1) Evaluation of Hazards. The Utilities Department shall determine whether solid, liquid, or gaseous pollutants or contaminants are, or may be, handled and/or used on the customer's premises in such a manner as to possibly contaminate the public water system. (2) Customer Installation of BFP. When a hazard or potential hazard to the public water system is found on the customer's premises, the customer shall be required to install an approved backflow prevention assembly (BFP), or an air gap, at each public water service connection to the premises. (3) Type of BFP. (a) The type of BFP required shall depend on the degree of hazard involved. (b) Any backflow prevention assembly required herein shall be an approved type which is in compliance with requirements of the City of Fayetteville's Cross -Connection Control Program: Handbook of Policies and Procedures. (4) Degree of Hazard. The degree of hazard shall be as determined as set forth in AWWA M-14 manual or as described below: (a) In the case of any premises where there is an auxiliary water supply connected to the plumbing system, the public water system shall be protected from the possibility of backflow by a reduced - pressure principle backflow prevention assembly (RP) at the service connection. (b) In the case of any premises where there is any material hazardous to human health, which is handled and/or used in such a fashion as to create an actual or potential threat to the public water system by virtue of a backflow occurrence, the public water system shall be protected by an air gap or an approved reduced - pressure principle backflow prevention assembly (RP). (c) In the case of any premises where there are unprotected cross -connections, either actual or potential, the public water system shall be protected by an approved reduced -pressure principle backflow prevention assembly (RP) or an air gap at the service connection. (d) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross -connection survey, the public water system shall be protected by the installation of a University of Southern California (USC) approved reduced -pressure principle backflow prevention assembly (RP) or an air gap at the service connection. These premises will be considered high hazard. (G) Noncompliance/Emergencies. (1) Violation/Notice. Upon discovery of any protective device required by this section which has not been installed, or is defective, or has been removed, or altered, or relocated, or bypassed, (except emergency situations), written notice shall be given to the customer. Such notice shall set forth the violation, the remedy required, and the time frame in which the violation shall be remedied. (2) Water Service Discontinued. (Supp. No. 27) Created: 2022-12-12 10:36:34 [EST] Page 22 of 23 (a) If violations are not corrected by the date and time as stated on the notice, the water supply will be discontinued by the Utilities Department. (b) Discontinued water service shall not be resumed until conditions at the customer's premises have been abated or corrected to the satisfaction of the Utilities Department. (3) No Water Service Connection. No water service connection shall be installed on the premises of any customer unless the public potable water system is protected as required by this section. (4) Emergency. In emergency situations when the public potable water supply is being contaminated or is in immediate danger of contamination, the water service shall be discontinued by the Utilities Department immediately without notice. (H) Right of Entry. For the purpose of making any inspections or discharging the duties imposed by this section, the Utilities Department of the city, the state health department, and/or Plumbing Inspector shall have the right to enter upon the premises of any customer. Each customer, as a condition of the continued delivery to his premises of water from the public water supply, shall be considered as having stated his consent to the entry upon his premises by the Utilities Department of the city, the state health department, and/or Plumbing Inspector for the purpose stated herein. (1) Ownership. Backflow prevention assemblies required by this section will be installed downstream of the water meter and are owned by, and are the responsibility of the customer of the water utility. (J) Installation and Costs. Customers of the city water utility requiring backflow prevention assemblies shall pay all costs associated with installation of the appropriate size and type of backflow preventer under private contract. Backflow prevention assemblies shall be installed in accordance with the requirements of the city's Cross -Connection Control Program: Handbook of Policies and Procedures. The Utilities Department shall review and approve all plans for placement of backflow preventers prior to installation. Backflow prevention assemblies not installed in accordance with the requirements of the city's Cross -Connection Control Program: Handbook of Policies and Procedures shall be corrected at the customer's expense. (K) Testing and Maintenance. The customer or the contractor responsible for the installation of the backflow prevention assembly will notify the Utilities Department immediately after installation of the assembly for inspection. The customer or contractor shall have the backflow prevention assembly tested by a state certified testing technician within ten (10) days of the installation date and annually thereafter, and shall provide the Utilities Department with the proper test forms. In instances where the Utilities Department, the City of Fayetteville, and/or the Plumbing Inspector deems the hazard to be great enough, testing may be required at more frequent intervals. All costs of testing shall be paid by the customer. Any repairs required as a result of inspections or testing shall be arranged for and paid by the customer through private contract with a state certified assembly repair technician. Records of inspections, testing, and/or repairs to backflow preventers shall be kept by the Utilities Department and/or the city and made available to the state health department upon request. All existing customer premises shall be incompliance with this section in accordance with the notification by the water utility. (L) New Construction. All new construction within the city be effected upon the passage of this section. (M) Thermal Expansion. It is the responsibility of the customer to eliminate possible hazards caused by thermal expansion if a closed system has been created by the installation of a backflow assembly. (Ord. No. 4140, §1, 2-2-99; Code 1991, §51.146; Ord. No. 5970 , §§1-7, 5-2-2017) 51.147-51.169 Reserved (Supp. No. 27) Created: 2822-12-12 10:36:34 ZEST] Page 23 of 23 ORDINANCE NO.5123 AN ORDINANCE REPEALING AND REPLACING §51.136, MONTHLY WATER 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 §51.136, Monthly Water Rates, of the Fayetteville Code of Ordinances, and adopts an amended version of §51.136, Monthly Water Rates, as set forth in Exhibit A, attached hereto, and incorporate herein by reference as if set forth word-for-word in its entirety.-,A,,+s+»,,,,� PASSED and APPROVED this I" day of April, 2008. ATTEST: `0 s•OAl •• �I ZU' FAYETTEVILLE; r / • By: _/901), '. Z • C7 • I� • °�� GF©N G •�• SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 51.136 Monthly Water Rates Effective as of the first billing statements issued after April 30, 2008, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged. All non -emergency water uses shall be billed to the user, to include but not limited to water used for: use within structures; business; manufacturing; irrigation; retail by another water utility; City uses; educational purposes; medical purposes; water system routine non -emergency uses; wastewater system routine non -emergency uses; non-profit uses; fire department non - emergency uses to include training and equipment calibration; construction of new water mains; street cleaning; and wet down of construction sites and materials. Emergency water use that does not pass through a water system meter shall not be billed, including fire fighting, water leaks, water leak repair, and emergency water line flushing. The volumes used for these emergency purposes should be estimated and submitted monthly to the Business Office Manager and the Water/Sewer Operations Manager. (A) Monthly water rates. (1) The water usage of each customer shall be determined each month by meter measurement and the amount per 1,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. The minimum billing shall be 1,000 gallons per month. Table A-1 Monthly Water Rates After April 30, 2008 Cost per 1,000 allons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.11 $2.43 Next 13,000 2.81 3.23 Residential Over 15,000 3.98 4.58 Non- Residential First 300,000 2.55 2.93 Over 300,000 1.95 2.24 Major Industrial All Usage 1.77 2.04 Irrigation First 300,000 2.81 3.23 Over 300,000 1.84 2.11 Reduced Peak Wholesale Demand 1.84 1.84 Peak Demand 2.04 2.04 Table A-2 Monthly Water Rates After December 31, 2008 Cost per 1,000 gallons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.25 $2.59 Next 13,000 2.99 3.44 Residential Over 15,000 4.24 4.88 Non- Residential First 300,000 2.61 3.00 Over 300,000 2.11 2.43 Major Industrial All Usage 1.89 2.17 Irrigation First 300,000 3.09 3.55 Over 300,000 2.16 2.48 Reduced Peak :Wholesale Demand 1.95 1.95 Peak Demand 2.16 2.16 Table A-3 Monthly Water Rates After December 31, 2009 Cost per 1,000 gallons Class Usage Rate Inside Outside (In Gallons) City City First 2,000 $2.39 $2.75 Next 13,000 3.17 3.64 Residential Over 15,000 4.49 5.16 Non- Residential First 300,000 2.68 3.08 Over 300,000 2.28 1 2.62 Major Industrial All Usage 2.01 2.31 Irrigation First 300,000 3.37 3.88 Over 300,000 2.70 3 11 Reduced Peak Wholesale Demand 2.01 2.01 Peak Demand 2.23 2.23 Table A-4 Monthly Water Rates After December 31, 2010 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $2.53 $2.91 Next 13,000 3.36 3.86 Over 15,000 4.75 5.46 Non- Residential First 300,000 2.75 3,16 Over 300,000 2.45 2.82 Major Industrial All Usage 2.14 2.46 Irrigation First 300,000 3.64 4.19 Over 300,000 3.28 3.77 EXHIBIT A Reduced Peak 2.07 2.07 Wholesale Demand Peak Demand 2.30 2.30 (2) Beginning January 1, 2012, all monthly water rates shall be increased by 3% per year. (3) All bills under such schedules shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable sales tax and franchise fees shall be added to the bill so computed. (4) When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (5) Water used for flushing and sampling of newly constructed water lines, fire department training and equipment calibration, and other similar uses requiring a large volume and/or high velocity of water movement shall employ a fire hydrant meter of the appropriate size for the use. If a fire hydrant meter cannot be used due to high flow or volume requirements, then the volume of water used shall be measured by using a pilot gauge to determine the gallons per minute and by timing the flow of water to be able to calculate total volume. In the cases of fire department training and equipment calibration, sewer line washing, street sweeping, and other uses where the equipment employed has a built-in water meter, these built in water meters may be used. All such meters other than those on fire trucks must be evaluated by the Meter Superintendent. These water uses shall be billed at the same rates as non- residential customers. (6) Monthly wholesale treated water rates outside city limits are based on Cost of Service Methodology. (B) Monthly water service charge. (1) In addition to the above, each customer shall pay a monthly water service charge in accordance with the following schedule: Table B-1 Monthly Water Service Charge After April 30, 2008 Meter Size Inside City Outside City Wholesale 5/8 x 3 4" $4.00 $4.60 $5.00 1 inch 5.55 6.38 7.00 1 '/ inch 9.70 11.16 12.15 2 inch 14.10 16.22 17.70 3 inch 32.90 37.84 41.30 4 inch 54.45 62.62 68.30 6 inch 108.85 125.18 136.70 8 inch 163.30 187.80 205.00 Table B-2 Monthly Water Service Charge After December 31, 2008 Meter Size Inside City Outside City Wholesale 5/8" x 3/." $4.25 $4.89 $5.30 1 inch 5.90 6.79 7.40 1 '/2 inch 10.30 11.85 12.85 2 inch 15.00 17.25 18.75 3 inch 34.95 40.19 43.80 4 inch 57.85 66.53 72.25 6 inch 115.65 133.00 144.90 8 inch 173.50 199.53 216.90 Table B-3 Monthly Water Service Charge After December 31, 2009 Meter Size Inside City Outside City Wholesale 5/8" x 3/4" $4.50 $5.18 $5.60 1 inch 6.25 7.19 7.80 1 Yz inch 10.90 12.54 13.55 2 inch 15.90 18.29 19.75 3 inch 37.00 42.55 45.10 4 inch 61.25 70.44 76.10 6 inch 122.45 140.82 149.20 8 inch 183.70 211.26 228.40 Table B-4 Monthly Water Service Charge After December 31, 2010 Meter Size Inside Outside Wholesale City City i W4a 5/8" x 1/4" $4.75 $5.46 $6.00 1 inch 6.60 7.59 8.30 1 '/2 inch 11.50 13.23 14.45 2 inch 16.75 19.26 21.00 3 inch 39.05 44.91 46.50 4 inch 64.65 74.35 81.10 6 inch 129.30 148.70 153.70 8 inch 193.90 222.99 240.50 (2) Beginning January 1, 2012, all monthly water service charges shall be increased by 3% per year. (3) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after April 30, 2008. (4) Customers served through the White River Rural Water System will pay the outside city rate plus an additional $5.94 per month for all bills issued prior to January 1, 2012. This additional amount will not be charged on any bills issued after December 31. 2011. (5) The State of Arkansas mandated Safe Drinking Water Act fee shall be added to the monthly water utility bill. (C) Monthly standby tire protection service charge. (1) Charges for unmetered service connections for standby fire protection and fire hydrants shall be: Table C-1 Monthly Standby Fire Protection Service Charge After April 30, 2008 Line Size Inside City Outside City 2 inch $ 6.84 $ 7.86 3 inch 20.51 23.59 4 inch 41.03 47.18 6 inch 113.96 131.05 8 inch 239.32 275.21 10 inch 410.26 471.79 Table C-2 Monthly Standby Fire Protection Service Charge After December 31, 2008 Line Size Inside City Outside City 2 inch $ 7.23 $ 8.32 3 inch 21.70 24.96 4 inch 43.41 49.92 6 inch 120.57 138.66 8 inch 253.20 291.18 10 inch 434.05 499,16 Table C-3 Monthly Standby Fire Protection Service Charge After December 31, 2009 Line Size Inside City Outside City 2 inch $ 7.62 $ 8.76 3 inch 22.85 26.28 4 inch 45.71 52.56 6 inch 126.96 146.00 8 inch 266.62 306.61 10 inch 457.06 525.61 Table C-4 Monthly Standby Fire Protection Service Charge After December 31, 2010 Line Size Inside City Outside City 2 inch $ 8.02 $ 9.22 3 inch 24.06 27.67 4 inch 48.13 55.35 6 inch 133.69 153.74 8 inch 280.75 322.86 10 inch 481.28 553.47 (2) Monthly Standby Fire Protection Service Charge After December 31, 2011. Starting the day after December 31, 2011, the monthly standby fire protection service charge shall be increased by 3% per year. (3) Fire protection lines shall not be connected to the water system downstream from a meter. (Code 1965,�: 1-25; Ord. No. 1165. 4-18-58; Ord, No. 2144. 9-2-75; Ord. No. 2594, 2-5-80; Ord. No. 3197, 7- 1-86: Ord. No. 3409, 2-21-89; Ord. No. 3431, 6-6-89, Ord. No. 3491, 7-17-90; Ord, No. 3513, 9-18-90; Ord. No. 3519, 11-20-90; Ord. No. 4059,(;1, 10-7-97: Ord. No. 4223, 2-15-00; Code 1991, §51.136; Ord. No. 4530 12-02-02; Ord. No. 4540, 02-03-04) ORDINANCE NO.5129 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 15'h day of April, 2008. <` �,�� Y of .•G,p� APPROVED: ATTEST: FAYETTEVILLE; ' L : co, �9S°9RKANSP. B. B �.;;;GiONG� Y Y DAN COODY, Mayor SONDRA E. SMITH, City ClerkfFreasurer EXHIBIT A 51.137 Monthly Sewer Rates (A) Monthly sewer rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 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 3 10 gallons Non -Residential All Usage 242 Major Industrial All Usage 242 Farmington All Usage 4.66 Outside city All Usage 4.66 85% of metered 281 Elkins water usage Usage above 85% 1 98 of metered water usage Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2008 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2.000 gallons $3.00 Greater than 2,000 4.00 gallons Non -Residential All Usage 3.02 Major Industrial All Usage 303 Farmington All Usage 5.13 Outside city All Usage 5.57 85% Of metered 3.53 Elkins water usage Usage above 85% 1.85 of metered water usage Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2009 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000allons $3.07 Greater than 4.10 2,000 gallons Non -Residential All Usage 3.10 Major Industrial All Usa e 3.21 Farmington All Usage 5.28 Outside city All Usage 5.74 85% of metered water 3.64 Elkins usage Usage above 85% of 1.91 metered water usage Table D-4 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2010 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000allons $3.14 Greater than 4.18 2,000 gallons Non -Residential All Usage 3.18 Major Industrial All Usage 3.40 Farmington All Usage 5.44 Outside city All Usage 5.91 85% of metered water 3.75 Elkins usage e above % of Fme 1.96 ed water a e (2) Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per - thousand volumetric usage or a per 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 1V $ 10.36 $ 10.35 $ 10.35 1 inch 1347 19.35 19.35 1'/: 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 8 inch 356.48 1 509.76 509.76 Table E-2 Monthly Sewer Service Charge After December 31, 2008 Meter Size Inside City Outside Cityt Farmingtont 5/8" x'/4" $ 12.45 $ 12.40 $ 11.40 1 inch 16.20 23 10 21.30 1'A 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 376A0 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 3 inch 90.20 129.25 118.75 4 inch 148.60 212.80 195.55 6 inch 294.50 421.88 387.70 8 inch 44045 631.00 579.90 Table E-4 Monthly Sewer Service Charge After December 31, 2010 Meter Inside City Outside Farmingtont Size Cityt 5/8" x'h" $ 13.20 $ 13.20 $ 12.10 1 inch 17.15 24.50 22.60 1'/1 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 cf 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-mon1h 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 Stren th Surchar es 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 BOD5 ound pound pound pound Extra $0.1334 $0,1668 $0.2084 $0.2209 Strength per per per per TSS ound pound poundpound (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 V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD unit = 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. David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 1-Apr-08 City Council Meeting Date Water/Wastewater Division oLD 5057 ; +VzyP4fps Water/Wastewater Department MI.IIU11 r%t;4UIICU. 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 Cost of this request N/A Account Number N/A Project Number Budgeted Item Depart nt Dir ctor $0.00 Water and Wastewater Category / Project Budget Program Category / Project Name $ Water and Wastewater Funds Used to Date Program / Project Category Name $0.00 Water/Sewer Remaining Balance Fund Name Budget Adjustment Attached 1� Previous Ordinance or Resolution # l /I q rz d I Date Original Resolution Date: 3l � City Attorney Date Finance ar"ternal Service Director Date ON Ma Comments: Date Original Contract Number 49-08 4-Mar-08 Received in City Clerk's Office 3 iY N/A Received in Mayor's Office CZ 1--4- 1 f 0-" 41(u- szcl/ " • d 1--,rwdi /;s-'? 11/1% I 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 9 Subject: Approval of an ordinance changing the sewer rates, and holding of a public hearing discussing these rate changes on l 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. Rates shall be phased to true cost of service over several years. A 3% annual increase shall be used thereafter to offset inflation. 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 Rim Changc Section 137 CCMmoMarOg 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 APPROVED: By: DAN GOODY, Mayor day of April, 2008. ATTEST: 0 SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 51.137 Monthly Sewer Rates (A) Monthly sewer rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 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 3.10 allons Non -Residential All Usage 2.42 Major Industrial All Usage 2.42 Farmington All Usage 4.66 Outside city All Usage 4.66 85% of metered 2.81 Elkins water usage Usage above 85% 1 98 of metered water usage Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2008 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000 gallons $3.00 Greater than 2,000 4.00 gallons Non -Residential All Usage 3.02 Major Industrial All Usage 3.03 Farmington All Usage 5.13 Outside city All Usage 5.57 85% of metered 3.53 Elkins water usa e Usage above 85% 1.85 of metered water usage Table D•3 Monthly Sewer Rates Per 1,000 Gallons Attar December 31, 2009 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000allons $3.07 Greater than 4.10 2,000 gallons Non -Residential All Usage 3,10 Major Industrial All Usage 3.21 Farmington All Usage 5.28 Outside city All Usage 5.74 85% of metered water 3.64 Elkins usa e Usage above 85% of 1.91 metered water usage Table D-4 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2010 Class Usage Rate Cost per In Gallons 1.000 2allons Residential First 2,000 gallons $3.14 Greater than 4.18 2,000 gallons Non -Residential All Usage 3.18 Major Industrial All Usage 3.40 Farmington All Usage 5.44 Outside city All Usage 5.91 85% of metered water 3.75 Elkins usage Usage above 85% of 1.96 metered water usage (2) Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per - thousand volumetric usage or a per month basis. (B) Monthly sewer service charge. (1) In addition to the above, each customer shall pay a monthly sewer service charge in accordance with the following schedule: EXHIBIT A 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 1 % 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 8 inch 356.48 509.76 509.76 Table E-2 Monthly Sewer Service Charge After December 31, 2008 Meter IInside Size City Outside Cityt Farmingtont 5/8" x IV $ 12.45 $ 12A0 $ 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 81nch j 428.40 1 612.60 1 563.00 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'/2 inch 27.15 42.30 38.90 2 inch 38.85 55.90 51.50 3 inch 90.20 129.25 118.75 4 inch 148.60 212.80 195.55 6 inch 294.50 421.88 387.70 8 inch 440.45 631.00 579.90 Table E-4 Monthly Sewer Service Charge After December 31, 2010 Meter Size Inside City Outside Cityt Farmingtont 5/8- x'/." $ 13.20 $ 13.20 $ 12.10 linch 17.15 24.50 22.60 1'/z 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 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 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 mg/I of BODs and/or TSS, the City shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Table F3 Extra Stren th Surchar es 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 and and pound pound Extra $0.1334 $01668 $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: S = v x 8.34 x [BOD Unit Charge (BOD • 300) + SS Unit Charge (SS - 300)] (b) Where: S = Surcharge In dollars V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD unit = 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. ORDINANCE NO. 5129 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 15"' day of April, 2008. APPROVED: By: ATTEST: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A 51.137 Monthly Sewer Rates (A) Monthly sewer rates (1) All monthly sewer charges shall be calculated from the customer's monthly water usage The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2009 Class Usage Rate Cost per In Gallons 1,000 qallons Residential First 2,000 gallons $3.10 Greater than 2,000 3.10 gallons Non -Residential All Usage 2.42 Major Industrial All Usage 2A2 Farmington All Usage 4.66 Outside city All Usage 4.66 85% of metered 2.81 Elkins water usage Usage above 85% 1.98 of metered water usage Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2008 Usage Rate Cost per Class In Gallons 1,000 qallons Residential First 2,000 gallons $3 00 Greater than 2,000 4.00 gallons Non -Residential All Usage 302 Major Industrial All Usage 303 Farmington All Usage 5.13 Outside city All Usage 5.57 85% of metered 353 Elkins water usage Usage above 85% 1.85 of metered water usage Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2009 Class Usage Rate Cost per In Gallons 1,000 gallons Residential First 2,000 gallons $3.07 Greater than 4.10 2,000 gallons Non -Residential All Usage 3.10 Major Industrial All Usage 3.21 Farmington All Usage 5.28 Outside city All Usage 5.74 65% of metered water 3.64 Elkins usage Usage above 85% of 1 91 metered water usage Table D-4 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 4.18 2,000 qallons Non -Residential All Usage 3.18 Major Industrial All Usage 3.40 Farmington All Usage 5.44 Outside city All Usage 5.91 85% of metered water 3.75 Elkins usage Usage above 85% of 1.96 metered water usage (2) Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland These fees may be calculated on a per - thousand volumetric usage or a per 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 V/z 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 8 inch 356.48 509.76 509.76 Table E-2 Monthly Sewer Service Charge After December 31, 2008 Meter Size Inside City Outside Cityt Farmingtont 518" x W $ 12.45 $ 12A0 $ 11.40 1 inch 16.20 23.10 21.30 1 % inch 26.45 41.10 1 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 11/ inch 27.15 42.30 38.90 2 inch 38.85 55.90 51.50 3 inch 90.20 129.25 118.75 4 inch 148.60 212.80 195.55 6 inch 294.50 421.88 387.70 8 inch 440.45 631.00 579.90 Table E4 Monthly Sewer Service Charge After December 31, 2010 Meter Inside City Outside Farmingtont Size Cityt 5/8" x'h" $ 1320 $ 13.20 $ 12.10 1 inch 17.15 24.50 22.60 1'/z 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 change 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 cf 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 mg/l 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 Stren th Surcharges Before After After After 1 /1 /08 12/31 /08 12/31 /09 12/31 / 10 Extra $0.2669 $0.3336 $0.4170 S0.4421 Strength per per per per SODS pound pound pound ound 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: S = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (SS - 300)) (b) Where: S = Surcharge in dollars V = Sewer volume in million gallons 8.34 - Pounds per gallon of water SOD unit = Unit charge for BOD in charge dollars per pound SOD = BOD strength index in parts per million 300 = Allowed SOD 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 sewercharges. (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. t 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 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 1 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. Arkansas Democrat 7WOudw .- 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 swom to before me This,jgday of jAA4A'e,(, , 2008. Notary Public a k &%, My Commission Expires: g i -)�C) 11 Do not pay from Affidavit, an invoice will be sent SANDR A .D. BUSH Notary Public —Arkansas County of Washington My Co.rrn cvov �xo.01f08l2011 dMi/.h9a WR'FlA/EA}�/NVOR. 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------------- (4.18.09) Clarice Pearman - 0—rd. 5129 page 1 From: Clarice Pearman To: Jurgens, David Date: 4.18.08 3:42 PM Subject: Ord. 5129 Attachments: 5129 Amend 51.137 Mo 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 0 2 2008 CITY OF FAYETTEVILLE CRY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVI LLE, 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 Q,A,,,j 2005. getMAM:•Jq,�L A. OIARy' '. dO Notary Public PUB\"\ N � co P My Commission Expires: �yj G o2 0 /a2 Do not pay from Affidavit, an invoice will be sent ORDINANCE NO. 6129 AN ORDINANCE REPEALING AND REPLACING § 51.137, MONTHLY SEWER RATES, OF THE FAYET- TEVILLE CODE OF ORDINANCES, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSASr aye .,yi.le 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 it set forth wiord-fa-word in its entirety. PASSED and APPROVED this 15th day of April, 2008, APPROVED: ATTEST. By: By: DAN COODY, Mayor SONDRA E. SMITH, City ClerklTroasurer EXHIBIT 'A' 51.137 Monthly Sewer Rates (A) Monthly sewer rates. (1) All monthly sower charges shall be calculated from the customer's monthly water usage. The fol- lowiing monthly rates are hereby fixed as rates to be charged fa sewer services: Table D•1 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2009 - Class Usage Rate Cost per (In Gallons) 1,IX10 gallons Residential First 2,000 gallons $3,10 Greater than 2,000 gallons 3.10 Non -Residential All Usage 2.42 Major Industrial All Usage 2.42 Farmington All Usage 4.66 Outside city All Usage 4.66 Elkins 85% at metered water usage, 2.81 Usage above 85% of metered water usage 1.98 Table D-2 Monthly Sower Ratss Per 1,000 Gallons After December 31, 200E Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,1 gallons $3.00 Greater than 2.000 gallons 4.00 Non-Residentlal All Usage 3.02 Meyer 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 D-3 Monthly Sower Rates Per 1,000 Gallons After December 31, 2009 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.07 Greater than 2,000 gal ons 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 B5% of metered water usage 1.91 Table D-4 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 1 4J8 Non -Residential Ail Usage 3.18 Major Industrial All Usage 3.40 Farmington All Usage 5.44 Outside city At Usage 5.91 Elkins 85% of metered water usage 3.75 Usage above 65% of metered water usage 1.96 (2) Beginning January 1, 2012, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be Increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the waste- water utility bill at the request of Farmington or Greenland. These fees may be calculated on a per. thousand volumetric usage or a per month basis. (B) Monthly sewer service charge. (1) In addition to the above, each customer shell pay a monthly sewer service charge in accordance with the following schedule: Table E-1 Monthly flower Service Charge Prior to January 1, 2009 Meter Size inside City Outside Cityt Farmingtont 5/8' x -U' $ 10.36 $ 10.35 $ 10.35 1 inch 13.47 1935 19.35 11i 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 238.37 340.67 340 B7 8 inch 356.48 509.76 509.76 .f Table E-2 Monthly Sower Service Charge After December 31, 2008 Meter Size Inside City Outside Cityt Farmingtont 5/8' x'H' $ 12.46 $ 12.40 $ 11.40 1 inch 16.20 23.10 21.30 I1h inch 26.45 41.10 37.80 2 inch 37.60 54.30 50.00 3 inch 8775 125,50 115.30 4Inch 144.50 201 189.B5 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'A" $ 12.60 $ 12.80 $ 11.70 1 inch 1665 23.80 21.90 116 inch 27.15 42.30 38.90 2Inch 38,65 55.90 51,50 3 inch 9D.20 129.25 118.75 4 inch 148.60 212.80 195.55 6 inch 294,50 421,88 387.70 8 inch 440.45 631.00 579.90 Table i Monlhiy Sewer Service Charge After December 31, 2010 Meter Size Inside City Outside Cityt Farmingtont 5/B' x'A' $ 13,20 $ 13.20 $ 12.10 1 inch 17,15 24.50 22.60 tYz inch 28.00 43.60 40.10 2Inch 40.05 5T60 53.05 3 inch 93.00 133.10 122.30 4 inch 153-25 219,20 201.50 6Inch 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 fatuity home, duplex, triplex, and/or four- plex, the average rnoNhty 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 far whom a uni- form monthly charge has been established and wino moves to a new location the same uniform monthly charge shall apply at the new location. In the case of 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 systerr}Wide sewer average calculation. (D) Determination of charge for non-rosidential and meta Industrial customers. In the case of non- residential and/or major industrial customers, the mouthy 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. fin the event that a non-residential or major Industrial customer discharging waste Into the clty'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 estan- lishing 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 shell 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 ri of BOD5 and/or TS$, the City shall levy an Extra Strength Surcharge for each parameter in accor- dance with the following unit charges: Table F3 Extra Strength Surcharges Before 1I1AT8 After 12I31I08 After 12r IM After 12/31/10 Extra $0.21 $0,3336 $0.4170 $0.4421 Strength per per per per RODS 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 shalt be based on the following formula: (a) Extra strength surcharge: S = V x 8.34 x (BOD Unit Charge (BOD - 300) + SS Unit Charge (SS - 31 (b) Where: S Surcharge in dollars V Sewer volume in million gallons 8.34 n Pounds per gallon of water BOD unit charge n Unit charge for GOD in dollars per pound BOD BOD strength index in parts per million 3DO = Allowed 800 strength in parts per million SS unit charge Unit charge for suspended solids in dollars per pound SS weight Suspended solids strength index in parts per mlC:on by 300. Altowed SS Strength in parts per million by weight (F) Elkins sewer charges. (1) Elkins' payment for wastewater treatment short 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 inetuding 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 8 of this Contract. If the reconciliation volume is below the agreed upon percentage, the actu- al amount billed for the difference shall be refunded to Elkins in June and December (2) Elkins impact fee charges. 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Q = 0 w a w w U a Q ' LL N ~ Q = >> L` Ln Ln Ln cr� ~ U O Ln F- J Q 2 5m G m r \ W m M M c� Z Q n Ol Q LL Q Ln Lai N Lai. fV U LL r` Q, C C O N -4 v _ Ln 0 N Ln Q � LLJ W cr J z w u z z z W r 0 0 O W } J Q J Q J a LA. M lD 61 m Received By Holly Black 07/18/2023 11:08 A.M City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division CHIEF FINANCIAL OFFICER (110) Adjustment Number /Org2 2023 23-252 Requestor: Steve Dotson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recommend Mayor's signature of approval of the loan terms for the Arkansas Natural Resources Division Drinking Water State Revolving Loan in the amount of $85,000,000.00 to fund the West Transmission Waterline project, recommend Mayor's signature on the resolution for signatory authority, and recommend approval of a budget adjustment to create the project budget. COUNCIL DATE: 8/1/2023 ITEM ID#: 2023-913 RESOLUTION/ORDINANCE Nolly Black 717312023 70:06 RM Budget Division TYPE: JOURNAL #: Date D - (City Council) GLDATE: CH KD/POSTED: TOTAL 85,000,000 85,000,000 v.202373 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.800.5650-6884.00 - 85,000,000 23007 1000 RE Proceeds from - Bonds 5400.800.7999-5899.00 85,000,000 - 23007 7999 EX Unallocated - Budget C:\Users\jshelton\Desktop\Budget Adjustment Revision 1 of 1 Received By Holly Black 07/18/2023 11:08 A.M Steven Dotson Submitted By City of Fayetteville Staff Review Form 2023-913 Item ID 8/1/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/12/2023 CHIEF FINANCIAL OFFICER (110) Submitted Date Division / Department Action Recommendation: Recommend Mayor's signature of approval of the loan terms for the Arkansas Natural Resources Division Drinking Water State Revolving Loan in the amount of $85,000,000.00 to fund the West Transmission Waterline project, recommend Mayor's signature on the resolution for signatory authority, and recommend approval of a budget adjustment to recognize the loan revenue and create the project budget. 5400.800.5 6 50-6884.00 Account Number 23007.1000 Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? Yes Budget Impact: Water & Sewer Fund West Water Transmission Line Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ - $ 85,000,000.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Drinking Water State Revolving Loan Fund City of Fayetteville Staff Review Form 2023-1042 Item ID N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Steve Dotson 9/28/2023 CHIEF FINANCIAL OFFICER (110) Submitted By Submitted Date Division/Department Action Recommendation: Recommend Mayor's signature on (1) Memorandum of Agreement, (2) Certification Regarding Lobbying, and (3) Certification Regarding Debarment, Suspension, and Other Responsibility Matters. These documents are required in connection with the$85,000,000 Drinking Water State Revolving Loan Fund, which will be used to fund the West Transmission Waterline Project. Council approved the acceptance of this loan under Resolution 169-23. Note: Budget impact already accounted for under Resolution 169-23. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution# 169-23 Change Order Number: Approval Date: 10/02/2023 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Jordan THRU: Paul Becker, CFO FROM: Steve Dotson, Deputy CFO DATE: 9/28/23 SUBJECT: Mayor's signature required on Revolving Loan Fund documents RECOMMENDATION: Recommend Mayor's signature on (1) Memorandum of Agreement, (2) Certification Regarding Lobbying, and (3) Certification Regarding Debarment, Suspension, and Other Responsibility Matters. BACKGROUND: Per resolution 169-23 passed on 8/1/23, Council authorized the Mayor to execute certain documents in connection with funding administered by the Arkansas Natural Resources Division to obtain funding of up to $85,000,000 under the Drinking Water State Revolving Loan Fund. The revolving loan will be used to fund the West Transmission Waterline Project. DISCUSSION: The attached Memorandum of Agreement and Certification documents are required by the Arkansas Department of Agriculture Natural Resources Division. BUDGET/STAFF IMPACT: N/A, budget adjustment already provided Attachments: Staff Review Form/Staff Memo Memorandum of Agreement Certification Regarding Lobbying Certification Regarding Debarment, Suspension, and Other Responsibility Matters Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 _1 United States OMB Control No.2030-0020 \•E PA ENVIRONMENTAL PROTECTION AGENCY Approval expires 06/30/2024 Washington, DC 20460 This collection of information is approved by OMB under the Paperwork Reduction Act,44 U.S.C.3501 et seq.(OMB Control No.2030-0020). Responses to this collection of information are required to obtain an assistance agreement(40 CFR Part 30,40 CFR Part 31,and 40 CFR Part 33 for awards made prior to December 26,2014,and 2 CFR 200,2 CFR 1500,and 40 CFR Part 33 for awards made after December 26,2014).An agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to be 0.25 hours per response.Send comments on the Agency's need for this information,the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director,J.S.Environmental Protection Agency(282IT),1200 Pennsylvania Ave.,NW,Washington,D.C.20460.Include the OMB control number in any correspondence.Do not send the completed form to this address. WRD-23-127 EPA Project Control Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Lioneld Jordan, May Typed Na e&Title/of Authorize Representative 10/02/2023 gnature and Dat Authorized Representative EPA Form 6600-06 Rev. 06/2014) Previous editions are obsolete. ,hEpA United States Environmental Protection Agency WRD-23-127 EPA Project Control Number United States Envronmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prosp ective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department o r agency; (b) Have not within a three year period preceding this proposal beer convicted of or had a civil judgment rendered against them for com mission of fraud or a criminal offense in con nection with obtaining,attempting to obtain,or performing a public (Federal,State,or local)transaction or contract under a public transaction: violation of Federal or State antitrust statutes or com mission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civily charged by a government entity (Federal, State, or local)with commission of any of the offenses enu merated in paragraph (1)(b)o f this certification; and (d) Have not within a three-year period preceding th is ap plication/prop os al had one or m ore public transactions(Federal,State, or local)terminated or cause o r default. I understand that a false statement o n th is certification may be ground for rejection of this pro pose]o r termination of the award. In addition, under 18 USC Sec. 1001,a false statement may result in a fine of up to $10,000 or rnprisonmentforup to 5 years, or both. Lioneld ordan, Mayor Typed N e&Tit a of A the R epres en five >.c. del 4 ' natu a of Authorized Re resentatrve Date I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49(11-88) Revision Date 3-11-21 Arkansas RLF Guidance Memorandum of Agreement MEMORANDUM OF AGREEMENT Between The Arkansas Natural Resources Commission and the City of Fayetteville Agreement No. 02537-DWSRF-L Project No. WRD- 23-127 The Memorandum of Agreement, hereinafter referred to as the MOA, will establish the project funding, and the planning and design schedule for the water improvements funded by the State Revolving Loan Fund programs, hereinafter referred to as the RLF. Where noted some applications are specific for the Drinking Water State Revolving Loan Fund Program, DWSRF or the Clean Water Revolving Loan Fund Program, CWRLF. I. INTRODUCTION AND PURPOSE: A. The City of Fayetteville, hereinafter referred to as the "BORROWER," is applying for funding assistance from the Drinking Water State Revolving Loan Fund Program (DWSRF) Program administered by the Arkansas Natural Resources Commission, hereinafter referred to as the ANRC. B. Project funding, along with planning and design requirements of the program, must be fulfilled and the RLF application must be certified complete in accordance with the program requirements of the ANRC. C. The purpose of this MOA is to establish project funding and define the conditions and terms under which planning, design and application documents will be submitted by the BORROWER and reviewed by the ANRC. II. GENERAL PROVISIONS: A. Funds have been approved from the RLF program in an amount not to exceed Eighty-Five Million Dollars ($85,000,000.00). The interest rate will be determined at the time the bond term sheet is provided. A maximum twenty (20) year repayment will be remitted. B. Any change in project cost, source of funds, scope of services, or any other significant change in the project or application must be reported by the BORROWER or its designated representative to and approved by the ANRC by written amendment to this agreement. Any change not approved by ANRC shall be cause for discontinuing the project. The applicable federal and state statutes, and the Environmental Protection Agency, hereinafter referred to as the EPA, and ANRC rules and regulations will be complied with through all phases of this project. Page 1 of 4 Revision Date 3-11-21 Arkansas RLF Guidance Memorandum of Agreement C. The applicable federal and state statutes, and the Environmental Protection Agency, hereinafter referred to as the EPA, and ANRC rules and regulations will be complied with through all phases of this project. These requirements include, but are not limited to Davis Bacon Wage Act (DBA), State Environmental Review Process (SERP), Disadvantaged Business Enterprise (DBE), American Iron and Steel (AIS) and Signage. D. No document submittal date contained herein shall take precedence over document submittal dates contained in any EPA, ANRC, or the Arkansas Department of Health, hereinafter referred to as the ADH, compliance schedule. E. The refusal of ANRC to accept and review project documents submitted in violation of this MOA schedule does not discharge the BORROWER from meeting any requirements of its compliance schedule. F. If the BORROWER fails to meet a date contained in the submittal schedule and has not requested a change to that date in accordance with Section IV.B of this MOA, then the ANRC may add up to one percent (1.0%) to the combined rate of any loan agreement that the BORROWER may enter into based on this MOA. G. The BORROWER must sign, attest, and return this MOA to certify the BORROWER's intent to meet these conditions by October 6, 2023, if the BORROWER desires further consideration be given to its project. III. PROCEDURES: A. The detailed project funding requirements for this RLF project will be in accordance with the official bond documents, including system revenues and loan security. B. The BORROWER will develop all planning and design documents in accordance with the requirements of EPA, ADH and ANRC rules and regulations. C. All agreements for planning and design engineering services shall contain a damages paragraph addressing the nonperformance or negligence of the consulting engineering firm as required by the ANRC. This paragraph shall incorporate the submittal schedule from this MOA as a part of the agreement and provide protection to the BORROWER for failure of performance by the consulting engineering firm. The executed agreement shall be submitted to ANRC for review and approval of this paragraph when this MOA is signed by the BORROWER. D. The BORROWER will submit all planning, design and application documents under the schedule presented on the following page. Page 2 of 4 Revision Date 3-11-21 Arkansas RLF Guidance Memorandum of Agreement SUBMITTAL SCHEDULE Receipt Date A. Procurement Certification November 10, 2023 B. Professional Services Agreements November 10, 2023 C. Draft Environmental Information Document (EID) December 1, 2023 D. I & I Analysis (CWRLF only) N/A E. Draft Facility Plan N/A F. Proposed User Rate Ordinance or Resolution November 10, 2023 G. Proposed Sewer Use Ordinance (CWRLF only) N/A H. Final EID with Public Participation April 19, 2024 I. Final Facility Plan N/A J. First Submittal of Plans and Specifications (P&S) January 12, 2024 K. Enacted User Rate Ordinance or Resolution March 15, 2024 L. Enacted Sewer Use Ordinance (CWRLF only) N/A M. Final Plans and Specifications (P&S) April 19, 2024 * NOTE: At this time, review public participation requirements: • Public meetings require a thirty (30) day notice. If project receives a categorical exclusion, the above note does not apply and may be removed. Page 3 of 4 Revision Date 3-11-21 Arkansas RLF Guidance Memorandum of Agreement TARGET DATES Receipt Date May 1, 2024 A. Loan Certification B. Loan Closing June 28, 2024 C. Bid Award April 19, 2024 D. Start Construction July 1, 2024 E. Certified Completion (Final Inspection) March 30, 2026 September 30, F. Disbursement Cut-off Date 2026 IV. REVISIONS: Revision(s) of dates contained in the Submittal Schedule above can be made, if requested fifteen (15) days prior to the scheduled date, and upon the determination by ANRC that adequate justification for those revisions has been supplied. The Commission may remind the applicant, through written notification, of each document due date at least 30 days prior to its scheduled submittal. V. EFFECTIVE DATE: This agreement will be in effect on the date executed by ANRC. For the Arkansas Natural Fo/the City Fayetteville, Resources Commission ' ansa • Debra Dickson Lion rdan, ayor Water Development Section Manager 10/02/2023 Date Date Page 4 of 4