HomeMy WebLinkAbout2014-07-01 ORDINANCE NO. 2014-07-01
AN ORDINANCE AMENDING ORDINANCE NOS. 2009-6-49 2009-6-5,
2007-10-19 2001-2-19 AND MODIFYING FEES AND RATES TO BE CHARGED BY
BATESVILLE WATER AND SEWER UTILITIES FOR WORK
RELATED TO WATER AND SEWER SERVICES.
WHEREAS,the City of Batesville owns and operates water distribution, pumping
and treatment facilities (water treatment works), and sewage collection, pumping and
treatment facilities (sewage treatment works);
WHEREAS, the City of Batesville has determined that additional revenue is required
to compensate for the increased cost of water, materials, operation, maintenance, and
depreciation of the Waterworks System, and to provide for the extensions, betterments, and
improvements that will be necessary from time to time to meet the needs of the City of
Batesville;
WHEREAS, in order to accomplish said requirements, it is necessary that the rates
for the services of the Waterworks System be increased;
WHEREAS, it is necessary to charge deposits and fees for performing certain
services for customers of the Batesville Waterworks System; and
WHEREAS, in order to finance the proper and reasonable expense of operation,
repair,replacement, and maintenance of the treatment works and sewage collection
system, it is necessary that the rates and fees for the services of the Sewer System be
increased.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
BATESVILLE, ARKANSAS:
Section 1. Water Connection Fees
A connection fee shall be charged for connection to the Batesville Water Utilities
System for all customers both inside and outside of the Batesville City Limits. "All
customers" does include rental property connected for the property owner for a short time,
transfer of service from one service address to another, readouts or change of service (if a trip
is necessary) from one name to another. If the Batesville Water Utilites' employee must
work past 5:00 PM in order to complete the connection, the user shall be charged the after
hours rate of$70.00.
Description Charize
Water connection during normal work hours $20.00
Water connection after 5:00 p.m. $70.00
Section 2. Deposit
Deposits shall be as follows:
Residential Homeowner Amount
Water $50.00
Sewer $50.00
Water& Sewer $100.00
Landlord Deposit (for cleaning rentals) $50.00
Residential Non-Homeowner Amount
Water $75.00
Sewer $75.00
Water& Sewer $150.00
Commercial
Minimum Deposit $100.00
Maximum Deposit $500.00
Calculation Method Three (3)times Monthly Average
Section 3. New Meter Installation
New meter installation fees shall be as follows:
Meter Size Inside City Limits Outside City Limits
3/, $500.00 $550.00
1" $600.00 $650.00
2" $2,000.00 $2,000.00
3" $3,000.00 $3,000.00
4" or larger Costs of Materials, Parts, Labor and Equipment Usage
Upgrades of existing meters to a larger meter shall be charged at cost of materials and parts.
If, with the original installation, an extra meter is set but not used immediately upon
activation, it shall be charged at the current rate rather than the rate in use at the time of
installation.
Any new meter to be installed outside the City limits must be approved by the City Council
prior to installation.
Three times the expected monthly water bill, three times the history at that location,three
times the monthly bill of Similar business size and type, or a deposit due after
implementation of service based on the first three (3) months of actual use.
Section 4. Meter Requirement and Multi-User Structures
Meters shall be installed at each water connection at all buildings, both public and
private. There shall be no more than one residential single family dwelling on a single meter.
At the option of the City of Batesville, multiple meters may be installed or a single meter
maybe required for multi-user residential structures.
In the event that a single meter is utilized for a building having multiple residential
housing unit occupancy, except hotels and motels, the water minimum rate shall be
calculated by multiplying the number of housing units times the single monthly minimum
user rate. Mobile home parks, apartment complexes, and other similar aggregates having
more than one structure in a group utilizing a single meter shall be subject to the same rate as
multiple occupancy residential housing buildings.
Hotels and motels shall be and are hereby classified as single occupancy commercial
structures and shall be subject to the water use rate of a single meter user.
Each commercial entity with a physical location utilizing water and sewer services
shall have a dedicated meter for each such location. In the event two or more commercial
entities presently utilize one meter, the rate shall be calculated by multiplying the number of
such entities by the minimum commercial rate.
Section 5. Road Crossing or Boring Fee - Water
The fee for Road crossing or boring, other than state or federal highways, for'/4" and
1" meters shall be $800.00 per boring or crossing. If the water main is under a hard surface
including but not limited to asphalt or concrete, the charge may be $25.00 per foot.
However, in the event a third party must be contracted to complete the road crossing or
boring,the fee shall be equal to the City's charges accrued for services under the contract.
Road bores for meters over I" shall be charged at cost of materials, parts, labor, and
equipment usage.
Section 6. Road Crossing or Boring Fee - Sewer
Road bores for sewer connections shall be the responsibility of the customer or
contractor. Batesville Water Utilities shall be contacted prior to construction to allow time to
schedule a representative to inspect the road bore.
Section 7. Inspection Fees
The fee for inspections, both water and sewer, conducted inside the Batesville City
limits shall be $35.00 per trip. If an inspection is required after normal work hours, the
charge shall be $70.00. For each hour in excess of two (2) hours, the charge shall be $35.00
per hour.
The fee for inspections, both water and sewer, conducted outside the Batesville City
limits shall be $45.00 per trip. If an inspection is required after normal work hours, the
charge shall be $90.00. For each hour in excess of two (2) hours, the charge shall be $45.00
per hour.
If more than one inspection is performed on the same property for the same customer
during the same trip in the normal allotted time, the charge shall be for one trip. Inspections
may include the water service line, the sewer service line (sanitary sewer) and new
construction rough-in, top-out and final inspection.
Section 8. Water Billing, Non-Payment Fees, Disconnect Fees, and Reconnect
Penalty Fees
Water bills will be sent out on the last working day of each month and shall payable
on or before the 20' day of the following month. Non-payment, disconnect and reconnect
penalties and charges shall be on a per trip or per request basis as follows:
Description Amount Explanation
Late Fee 10% of Bill Payment not received by the 20th of the month
Notification of
Past Due Bill $20.00 1" formal in-person service of notification
of past due balance by notice left on
premises
Disconnect $20.00 Personnel initiate process of disconnection for
non-payment
Reconnect $20.00 Reconnect service after payment during normal
business hours
After Normal
Business Hours $70.00 Reconnect service after normal business hours
(5:OOp.m.)
Profiling $20.00 Customer request City to extract usage
information from AMR meters
At the time of the notification of past due bill, the customer will still be allowed to
pay a minimum of the past due bill plus the applicable late fee. After notification of past due
bill,the customer will still be allowed to pay a minimum of the past due bill plus the
applicable late fee until the first Monday of the next month.
Once the disconnect list, which sets forth those accounts which are set to be
disconnected, is printed and sent out, a disconnect fee of$20.00 for non payment shall be
applied. If the customer does not come in and pay before physical disconnection for
nonpayment, an additional $20.00 charge shall be added to the account in the form of a
reconnection fee. If the service is disconnected, the customer must pay, in addition to the
disconnect/reconnect fees, his or her past due bill in order to have service reconnected. If a
customer, having made a payment arrangement prior to disconnection, does not fulfill his or
her obligations under that arrangement, that customer shall be disconnected and an additional
disconnect/reconnect fee shall be applied to their account.
If a customer requests a reconnect after hours, where disconnection was caused by
nonpayment,the reconnect fee will be an additional $70.00 in addition to the disconnect fee.
Section 9. Insufficient Check Fee
Upon receipt of the first insufficient check, the customer may be called to redeem the
check for a$20.00 penalty if the bill for which check was written is immediately satisfied in
full. Should an insufficient check result in late penalties, notice of past due bill, disconnect,
or reconnect, all fees for said services set forth herein shall apply. The City may disconnect
service upon confirmation that subsequent checks failed to clear for insufficient funds.
Section 10. Damaged Services
Damage to a service is defined as cutting lock, damaging the eyelets or the hasp on
the setter when trying to turn water service on illegally or damaging the meter i.e. breaking
the register in order to stop the meter from registering usage. A damaged charge of$100.00
shall be assessed against the account for each separate incident of such damage. If such
damage occurs during an attempt to circumvent the metering system, $100.00 shall be
assessed against the account in addition to the damage charge of$100.00, as well as the
estimated charge for water used. If a customer continues to damage services or continues in
an attempt of theft of services, Batesville Water Utilities is authorized to disconnect the
service at the main line. If such service is disconnected at the main line, the customer will be
required to pay the full cost of setting a new service in addition to all other charges levied to
this account in order for service to be restored.
Section 11. Water Rate Definitions
Hereafter, the following definitions shall apply and be used in interpretation and
administration of Batesville water rates, to wit:
11.1 Residential Users are defined as those using water services in
or
appurtenant to a structure used or designed for use as a dwelling place, whether for single or
multiple occupancy, excluding hotels and motels.
11.2 Commercial Users are defined as those using water services in or
appurtenant to a structure used or designed for use as a place of business, including hotels
and motels, but excluding industrial users.
11.3 Industrial Users are defined as those using water services in or
appurtenant to a structure or enclosure used or designed for use as a place for
manufacturing or processing goods.
11.4 Wholesale Users are defined as any municipality, water association,
improvement district, or legal entity desiring to purchase water from the City of
Batesville for resale by individual metering.
11.5 Lawn Sprinkler Users are defined as those using water services for
landscaping, lawn, gardening, horticultural, or agricultural purposes, and those users shall
be required to install a separate one inch (1") meter with no sewer or garbage charges.
Section 12. Water Rates for Customers Inside City Limits
Commencing with the January 1, 2015, billing period, the following monthly rates
shall be, and they are hereby, fixed as rates to be charged for water furnished by the
Waterworks System of the City to customers inside the City, which rates the Council
finds and declares to be reasonable and necessary rates to be charged. Subject to the
conditions hereinafter set out, the charges for water services and water usage for each
customer inside the city limits shall be based on the customer's meter size and the
customer's metered water usage in accordance with the schedules shown below.
12.1 Residential, Commercial, and industrial user customers inside the city
limits shall pay the following minimum monthly rates for the first one thousand (1,000)
gallons or any part thereof of metered water usage based upon meter size:
Meter Size Minimum Charge for
8" $1,359.00
6" $782.00
4" $357.00
3" $204.00
2" $85.00
111 $21.00
5/8" $8.50
1/2" $8.50
12.2 Residential, commercial, and industrial users customers inside the city
limits shall he charged the following rates for metered water usage in excess of one
thousand (1,000) gallons per month.
12.2.1 More than 1,000 gallons and up to and including
100,000 gallons: $3.27 per thousand gallons.
12.2.2 More than 100,000 gallons and up to and including
2,000,000 gallons: $2.49 per thousand
gallons.
12.2.3 More than 2,000,000 gallons: $1.95 per thousand
gallons.
12.3 The size of the meter shall be commensurate with the potential use of
water (maximum rate of demand), and shall be determined by the City of Batesville.
12.4 Water rates for all customers inside the city limits shall increase at a
rate of three percent (3%) on January I" of each year.
Section 13. Water Rates for Customers Outside City Limits
Commencing with the January 1, 2015, billing period and subject to the conditions
hereinafter set out, the charges for water services and water usage for each residential,
commercial, or industrial user customer outside the city limits shall be based on the
customer's meter size and the customer's metered water usage in accordance with the
schedules shown below.
13.1 Residential, Commercial, and industrial user customers outside the
city limits shall pay the following minimum monthly rates for the first one thousand
(1,000) gallons or any part thereof of metered water usage based upon meter size:
Meter Size Minimum Charge for
8" $2124.00
6" $1221.00
4" $558.00
3" $319.00
2" $133.00
1" $33.00
5/8" $13.28
1/211 $13.28
13.2 Customers outside the city limits shall pay the following rates for
metered water usage in excess of one thousand (1,000) gallons per month.
13.2.1 More than 1,000 gallons and up to and including
100,000 gallons: $4.09 per thousand gallons.
13.2.2 More than 100,000 gallons and up to and including
2,000,000 gallons: $3.11 per thousand gallons.
13.2.3 More than 2,000,000 gallons: $2.44 per
thousand gallons.
13.3 Water rates for all customers outside the city limits shall
increase at a rate of three percent (3%) on January 151 of each year.
Section 14. Meter Size
The size of the meter shall be commensurate with the potential use of water (maximum
rate of demand), and shall be determined by the City of Batesville.
Section 15. Wholesale User Rates
Commencing with the January 2015 billing period, any municipality, water
association, improvement district, or other legal entity which purchases water for
resale shall purchase 0-1,000 gallons per month at a rate to be fixed by contract but
not less than the minimum charge for 0-1,000 gallons of monthly water usage
charged to customers outside the city limits per meter size. All water in excess of
the first thousand (1,000) gallons per month shall be purchased by wholesale
customers at a rate to be fixed by contract, but not less than $2.09 per thousand gallons.
Section 16. Private Fire Connections
Private fire connections for private premises shall pay the following fire service charges
per year:
16.1 Automatic sprinkler system connections shall be charged as follows:
16.1.1 1,000 heads or less $612.00
annually
16.1.2 For systems containing more than $612.00
annually,
1,000 heads, for each head plus $0.68
annually
in excess of 1,000 per head
16.2 Private fire hydrants; standard hydrant with $612.00 annually
two (2) 2.5 inch standard hose connections per hydrant
16.3 Standard hydrant with one 2.5 inch standard $442.00 annually
hose connection per hydrant
16.4 The service charge for fire hose standpipes shall be:
16.4.1 1.25" diameter openings, or smaller $41.00 annually
(each)
16.4.2 1.5" diameter openings $68.00
annually
(each)
16.4.3 2.0" diameter openings $153.00
annually
(each)
16.4.4 2.5" diameter openings $306.00
annually
(each)
Section 17. Sewer Tap Fees
After the customer has excavated in accordance with all safety standards, Batesville
Water Utilities shall, on existing main line and manholes, make the tap at a charge
of$300.00 per tap. In a development of another developer who installed approved
stub-outs, a builder shall be charged a $75.00 fee by Batesville Water Utilities for
access to the sanitary sewer. Sewer connections for a developer building its own
development where it has connected approved sewer lines and manholes with
approved stub-outs shall not be assessed an access fee. Use by a customer of an
existing pre-used sewer connection shall not be assessed and access fee, all taps,
connections, stub-outs, and sewer lines attaching to the Batesville Water Utilities
sewer collection system shall be inspected and approved by a representative of
Batesville Water Utilities before access will be granted to the system. Batesville
Water Utilities shall be contacted prior to construction to allow time to schedule a
representative to inspect during construction.
Section 18. Sewer Billing Procedure
Bills for sewer shall be rendered monthly. If a bill is not paid on or before the
twentieth (200') 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.
Section 19. Sewer Rates
19.1 Monthly Sewer Charges. Monthly sewer rates shall be based upon
water consumption.
19.2 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.
19.3 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 other discharged sewer, industrial water, or other liquids either
directly or indirectly into the sewer system of the City.
19.4 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. The resulting average consumption shall constitute
the uniform monthly charge for each domestic user. Each user's rate shall then be
determined by applying the schedule of rates shown below to the uniform monthly
charge of each user.
19.5 Fee for New Domestic User. In the event a new 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.
19.6 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
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 and the schedule of rates shall be applied to that volume.
19.7 Total Rate Schedule for Users Inside City Limits
19.7.1 Commencing with the January 1, 2015, 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
19.7.2 The rates set in the Total Rate Schedule for Users Inside City
Limits as stated in this Section shall increase three percent (3%) each year,
beginning January 1, 2015.
19.8 Total Rate Schedule for Users Outside City Limits
19.8.1 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, and said rates shall likewise
increase three percent (3%) each year, beginning January 1, 2015.
Section 20. 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 a in-service water meter shall be considered to
be a contributor to the sewer system at such time as a sewer is completed and as
such is subject to the monthly usage and services set forth in the above mentioned
rate structure.
Section 21. 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 22. Review and Revision.
The City of Batesville, Arkansas, will review the user charges from time to time 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 23. 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 his user charge.
Said written request shall, where necessary, show the actual or estimated average
flow of his wastewater. Review of the Request shall be made by the City Public
Works engineer and, if substantiated, the user charges for that user shall be re-
computed based on the revised flow data and the new charges shall be applicable to
the next billing cycle/period.
Should the user disagree with the City Public Works engineer's findings, the
user may elect to bring the issue before the City Council on appeal.
Section 24. Inoperative Meters / Catastrophic Use
Should a customer's water meter malfunction, the City may adjust the
customer's bill as set forth herein. When such a malfunction or catastrophic use
causes excess water consumption and valid proof of repair, that is acceptable to the
City, is presented, usage may be adjusted, at the discretion of the City.
In the event a malfunction or catastrophic use is a result of defects on the
customer's property, such adjustment may be calculated by averaging the customer's
use for the preceding 12 months, including high usage months, and assessing the bill
in the amount of that average.
In the event a malfunction or catastrophic use is a result of defects on the
City's property, such adjustment may be calculated by averaging the customer's use
for the twelve (12) months preceding the malfunction or catastrophic use and
assessing the bill in the amount of that average.
Section 25. Reasonableness
That the City Council hereby finds and declares that the above fees and rates
are fair, reasonable and necessary minimum fees, and will produce revenue at least
sufficient to recover actual costs of performing the services.
Section 26. Severability
That the provisions of this Ordinance are separable and if a section, phrase or
provision shall be declared invalid, such declaration shall not affect the validity of the
remainder of this Ordinance.
Section 27. Repeal of Conflicting Ordinances
That all ordinances or parts of other ordinances in conflict herewith are hereby
repealed.
PASSED AND APPROVED THIS 8th day of July, 2014.
Mayor
Attest: JL JA
Denise Johnston,Clerk