HomeMy WebLinkAbout2009-06-05 • ORDINANCE NO. 2009-6-5
AN ORDINANCE AMENDING ORDINANCE NO. 2001-02-01
WITH RESPECT TO THE ESTABLISHMENT OF RATES
FOR SEWER SERVICES AND OTHER MATTERS
WHEREAS,the City of Batesville owns and operates sewage collection,
pumping, and treatment facilities (treatment works); and
WHEREAS, in order to finance the proper and reasonable expense of operation,
repair,replacements, and maintenance of the treatment works and sewage collection
system;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS:
• Section 1.0: That Ordinance No. 2001-02-01 is hereby repealed and the following is
substituted therefor:
SEWER
Section 2.0: Monthly sewer rates for customers inside the city limits are set forth
below:
2.1 Monthly Sewer Charges. Monthly sewer charges shall be based upon
water consumption.
2.2 User Classification. The City shall classify all users of the sanitary sewer
system as either domestic or commercial, on the basis of whether the water consumption
• for the individual user is for domestic or commercial purposes.
• 2.3 Definition of User. The term "user" is hereby defined as any person or
entity whose buildings or premises are connected with and use the sanitary sewer system
of the City or otherwise discharge sewer, industrial water, water or other liquids either
directly or indirectly into the sewer system of the City.
2.4 Domestic User Fee. For each domestic user, the average monthly water
consumption for the months of January, February, and March of the current year in which
sewer bills are rendered and the month of December of the preceding calendar year shall
be computed and a uniform monthly charge for each domestic user shall be determined
by applying the schedule of rates shown below to the average monthly water
consumption of each user.
2.5 Fee for New Domestic User. In the event anew customer has not
• established a four-winter-months' average use as set out above,the billing shall be based
on the actual month's usage until a four-winter-months' average use has been
determined.
2.6 Basis of Commercial User's Bill. For each commercial user, the monthly
water consumption for the month in which the sewer bills are rendered shall be computed
and the sewer charge for each commercial user shall be determined by applying the
schedule of rates shown below to the monthly water consumption for each user, provided
that in the case of a commercial user using an appreciable amount of water that does not
reach the sewer system, the City, upon request by such commercial user, shall determine
the volume of the water usage that does reach the sewer system and the schedule of rates
shall be applied to that volume.
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• 2.7 Users Not on.Metered Basis. For users of the sanitary sewer system who
do not use water provided by the City's water system (or an appreciable amount thereof),
water consumption and sewer discharge shall be determined by the City, and the schedule
of rates set forth above shall be applied.
2.8. Minimum User Charge. The minimum bill per user shall consist of
charges for:
OM&R for 1,000 gal. +Debt Service for 1,000 gal. +Administrative cost
2.8.1 Operations, Maintenance and Replacement (OM&R) is the cost
of operating, maintaining, and replacing the wastewater treatment works. Replacement is
4 defined as expenditures for obtaining and installing equipment, accessories, or
appurtenances during the useful life of the treatment works to maintain the capacity and
performance for which they were designed and constructed.
OM&R cost in $/1000 gal. =
Total annual OM&R
No. of 1,000 gal. sold annually
2.8.2 Debt Service is defined as the annual charges for the long term
debt necessary to construct the wastewater treatment works. Debt service is paid for by
user charges.
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• 2.8.3. Administrative Cost is defined as a fixed billing cost or
administrative overhead that is added as a separate charge that is essentially the same for
each user.
2.9 Total Rate Schedule for Users Inside City Limits
2.9.1 Commencing with the July 1, 2009, billing period, the schedule of
rates that shall apply is:
Minimum charge for 0-1000 gallons $ 8.17
Over 1000 gallons—per 1000 gallons $ 2.64
2.9.2 Commencing with the January 1, 2010, billing period, the schedule
of rates that shall apply is:
• Minimum charge for 0-1000 gallons $10.32
Over 1000 gallons—per 1000 gallons $ 3.34
Section 3.0 Total Rate Schedule for Users Outside City Limits. For users of the
sanitary sewer system located outside the City, the monthly rates for sewer services of the
system shall be 125% of the sewer rates set forth above for users located inside the City
limits.
Section 4.0 No Services Furnished Without Fee.None of the facilities or services
afforded by the sewage treatment works shall be furnished without a charge being made
therefore. Any vacant, unoccupied property attached to the sewer system having an in-
service water meter shall be considered to be a contributor to the sewer system at such
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• time as a sewer tap is completed and as such is subject to the monthly usages and services
set forth in the above mentioned rate structure.
Section 5.0 Excessive Strength Charges. Charges for commercial users whose five-
day biochemical oxygen demand (BODS) or total suspended solids exceed the limits set
forth in Batesville Ordinance Nog3-1-1 , relating to pretreatment requirements, shall pay
an additional surcharge in accordance with said ordinance.
Section 6.0 Extraneous Flows. The costs of operation and maintenance for all flows
not directly attributable to users (such as Infiltration/Inflow) shall be distributed among
users on the same basis as other operation and maintenance charges.
•
Section 7.0 Toxic Pollutant Charges. Each user that discharges any toxic pollutants
which cause an increase in the cost of managing the effluent or the sludge of the
treatment works shall pay for such increased costs in accordance with Ordinance No.
r13��'1 , relating to Pretreatment requirements.
Section 8.0 Billing Procedure. Bills for sewer services shall be rendered monthly. If
a bill is not paid on or before the twentieth (20`h) day following the original date of
billing, a ten(10) percent penalty shall be added to the bill. If a bill is not paid on or
before the thirtieth(30th) day following the original date of billing, the City shall
disconnect the water services to the premises.
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• Section 9.0 Records. A financial management system shall be established and
maintained by the City of Batesville, Arkansas, to document compliance with Federal
regulations pertaining to the Revolving Loan. The system will account for all revenues
generated and expenditures for operation and maintenance and replacement.
Section 10.0 Fees for Work Related to Water and Sewer Services. Fees relating to
disconnection and reconnection of water services shall be charged in accordance with
Ordinance No. 2007-10-01, as amended, which sets forth the fees for work related to
water and sewer services.
Section 11.0 Review and Revision. The City of Batesville, Arkansas, will review the
• user charges at least annually and revise the rates as necessary to ensure that adequate
revenues are generated to pay the costs of operation and maintenance including
replacement and that the system continues to provide for the proportional distribution of
operation and maintenance including replacement costs among users and user classes.
Section 12.0 Notification: Each user shall be notified at least annually, in conjunction
with the regular bill, of the sewer use rate and the portion of the user charges that are
attributable to wastewater treatment. Costs shall be broken down to show the sewer rate
for operation and maintenance costs attributable to that user.
Section 13.0 Dispute Resolution. Any user who feels his user charge is unjust and
• inequitable may make written application to the City of Batesville requesting a review of
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• his user charge. Said written request shall, where necessary, show the actual or estimated
average flow and/or strength of his wastewater in comparison with the values upon which
the charge is based, including how the measurements or estimates were made. Review of
the Request shall be made by the City Public Works Engineer and, if substantiated, the
user charges for that user shall be recomputed based on the revised flow and/or strength
data and the new charges shall be applicable to the next billing cycle/period.
Section 14.0 Declaration of Fair and Reasonable Rates. The City Council hereby
finds and declares that the above sewer rates are fair, reasonable, and necessary minimum
rates, and will produce revenues at least sufficient for the reasonable operation and
maintenance expenses of the sewage treatment works, including establishing and
maintaining a reserve,and providing depreciation funds for replacement or repairs of
sewer facilities.
Section 15.0 Conflict with Other Ordinances, Invalidity of Sections. All ordinances
or parts of ordinances in conflict herewith are hereby repealed.
Section 16.0. Separability. The invalidity of any section, clause, sentence, or provision
of this ordinance shall not affect the validity of any other part of this ordinance which can
be given effect without such invalid part or parts. The user charge system shall take
precedence over any terms or conditions of agreements or contracts between the City of
Batesville, Arkansas, and any of the users which are inconsistent with applicable Federal
regulations regarding user charge systems.
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• Section 17.0 Emergency.An immediate necessity existing for the preservation of the
public peace,health, and safety,AN EMERGENCY is hereby declared to exist by
reason of which this ordinance shall be in full force and effect from and after its passage,
approval, and publication, for the fiscal support of the treatment works.
PASSED AND APPROVED this 11th day of June,2009.
APPROVED
The ,City/�o]]f Batesville, Arkansas
Rick Elumbaugi
Attest:
Denise Johnston, Cerk
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