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RESOLUTION NO. 11,328
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS, SETTING THE DATE OF PUBLIC HEARING ON AN
ORDINANCE ESTABLISHING A SCHEDULE OF SEWER RATES FOR THE
LITTLE ROCK WASTEWATER UTILITY AND FIXING THE EFFECTIVE
DATE THEREOF AND DECLARING AN EMERGENCY.
WHEREAS, an Ordinance has been filed with the Board of
Directors of the City of Little Rock, Arkansas establishing a
schedule of sewer rates for the Little Rock Wastewater Utility;
and
WHEREAS, under the laws of the State of Arkansas, a public
hearing on said Ordinance must be held before enactment.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF - -'
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The public hearing on said Ordinance will be
held on August 20, 2002, at 6:00 p.m. in the Board of Directors'
Chamber, 2 "d Floor, City Hall, Markham and Broadway, Little Rock,
Arkansas.
SECTION 2. The Mayor is hereby directed to give notice
of such hearing in the manner prescribed by law by publication
in a newspaper published in Pulaski County, Arkansas, and having
a general circulation in the City of Little Rock.
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ADOPTED this 16th
ATTEST:
day of July
APPROVED:
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City Clerk" Nancy Wood JinVDailey, Mayo
2002.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Little Rock Board of
Directors will hold a public hearing on Tuesday, August 20,
2002, at 6:00 p.m. in the Board of Directors Chamber, 2nd
Floor, City Hall, Markham and Broadway, Little Rock,
Arkansas, for the purpose of considering changing of the
existing sewer ordinance setting rates for the customers of
Little Rock Wastewater Utility and fixing the effective
dates thereof.
The proposed schedule of such adjusted rates and effective
dates are as follows:
Section 1
That the following monthly rates are
hereby established as rates to be charged for services
furnished by the Utility, which rates the Board of
Directors hereby find and declare to be reasonable and
necessary minimum rates to be charged;
(a) The Sewer Committee shall compute separately for
each customer (customer being hereby defined as any
landowner, lessee, or tenant whose buildings or premises
are connected with and use the sewer system or otherwise
discharge sanitary sewage, industrial waste, water or other
approved wastewater sources, either directly or indirectly
into the sewerage system) a monthly bill for each class of
customer.
(b) In case of customers obtaining water exclusively
from Central Arkansas Water, the computation shall be based
upon the water consumption records of Central Arkansas
Water.
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(c) In the case of customers obtaining water from
sources other than Central Arkansas Water, the Sewer
Committee shall determine the amount of water obtained by
such customers from other sources and the amount so
determined shall be used (together with the amount
reflected by Central Arkansas Water's records, if any said
customer also obtained water from Central Arkansas Water)
in making the computation.
(d) In the case of customers whose water use is such
that an appreciable quantity does not reach the sewer
system, then the customer may be permitted by the Utility,
upon written request to the Utility, to have a meter
installed for the purpose of determining the amount of such
quantity not reaching the sewer system, provided, however,
the meter shall be inspected and approved by the Utility.
Upon written application to the Sewer Committee, if a
customer can show by such an approved and inspected meter
that an appreciable quantity of the water used by the
customer did not reach the sewer system, then the
computation upon which that customer's sewage charge is
based shall be adjusted and determined in accordance with
the measurement as indicated by the meter, but the burden
of showing that an appreciable quantity of water usage does
not reach the sewer system shall be upon the customer, and
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in no event shall the customer be entitled to any
adjustment for such water usage beyond twelve months from
the date of the written application to the Sewer Committee.
In the case of water used for irrigation or lawn
sprinkling purposes, the customer shall have an additional
service meter installed by the Little Rock Municipal Water
Works to deliver the water in such a way that the water is
billed separately without a sewer charge being computed.
(e) For residential customers (defined as single
family residences or multi- metered, multi - family residences
or apartments all of which utilize meters less than one
inch) only, the sewer charge each month will be based on
the average monthly consumption for the months of October,
November, December, January, February, and March (Winter
Month Period) . (In the case of residential users which
were not on a meter during the previous Winter Month
Period, the rates shall be computed on class average water
usage until such time as an average monthly winter usage
can be calculated.) In the case of other users not on a
metered basis, the City shall establish water consumption
based on a comparison of the non - metered users with a
metered user of a similar class.
(f) The following rates shall be effective September
1, 2002 and shall be applied to each customer, as above
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determined, to arrive at the monthly charge for each
customer:
(1) Service Availability Charge
(2) Volumetric Charge (for all water consumed)
Rates
Effective September 1, 2002
Size Water
Meter
Furnishing
Water
Inside
City
Limits
Outside
City
Limits
5/8"
$ 10.00
$ 15.00
3/4"
$ 12.05
$ 18.10
1"
$ 16.15
$ 24.25
1 1/2"
$ 26.60
$ 39.90
2"
$ 39.05
$ 58.60
3"
$ 68.10
$102.15
4"
$109.70
$164.55
6" or
larger
$213.55
$320.35
(2) Volumetric Charge (for all water consumed)
(3) Billing Charge Customers whose usage
requires rendering a bill shall pay a service charge as
determined by the Utility's schedule of fees.
(4) Vacant Property Vacant, unoccupied but
metered property, whether or not using the System, shall be
subject to a service charge equal to the minimum monthly
charge for the respective class of properties. Vacant,
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Effective September 1, 2002
Volume of
Inside
Outside
Water
City
City
Consumed
Limits
Limits
Per 100 cu.
$ 2.10
$ 3.15
ft
(3) Billing Charge Customers whose usage
requires rendering a bill shall pay a service charge as
determined by the Utility's schedule of fees.
(4) Vacant Property Vacant, unoccupied but
metered property, whether or not using the System, shall be
subject to a service charge equal to the minimum monthly
charge for the respective class of properties. Vacant,
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unoccupied and unmetered property not actually using the
System shall not be subject to a charge, but the burden of
demonstrating vacancy, non -use and lack of meter to the
Utility, shall rest upon the customer.
(5) Delinquent Accounts All accounts for sewer
service not paid within thirty (30) days of the billing
date shall bear interest at the maximum rate permitted by
law until paid in full.
(6) Adjustments Any customer who feels that his
charge is unjust and inequitable may make written
application to the Utility requesting a review of his
charge. Said written request shall, when 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 Utility and if substantiated, the charges for that
customer shall be re- computed based on the revised flow
and /or strength data and the new charges shall be
applicable to the next billing cycle /period.
(7) Wastewater Rate Subsidy Program A customer
may qualify for payment of sewer rates payable according to
the Wastewater Rate Subsidy Program by submitting a written
application, as provided by the City of Little Rock
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Department of Public Works, Solid Waste Division for the
Solid Waste Fee Increase Subsidy Program, and if approved
by Little Rock Wastewater Utility, such customer will pay
the minimum service availability charge for the size water
meter located at.the customer's residence.
Section 2. The following rates for extra strength
charges are also established as rates which the Board of
Directors further find and declare to be reasonable and
minimum rates to be charged:
(a) The discharge of wastewaters having an excessive
Biochemical Oxygen Demand (BOD) or Total Suspended Solids
(TSS) or Oil and Grease (0 &G) or pH constitute an added
expense in the operation and maintenance of the Utility's
treatment facilities and should be accompanied by payment
of an Extra Strength Surcharge to compensate for this added
expense. Excessive BOD and /or TSS is hereby defined as in
excess of 250 mg /L, for either parameter, excessive 0 &G is
hereby defined as in excess of 50 mg /L, and pH outside the
range of Z5.0 and 512.0 (standard pH units) as determined
in accordance with test methods approved under 40 CFR Part
136. (When, in the opinion of the Utility, the strength of
a non - domestic wastewater discharge is best characterized
by a Chemical Oxygen Demand (COD) concentration, the
Utility may substitute the COD for BOD for the purpose of
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surcharge billing. The COD surcharge will be based on
strengths in excess of 400 mg /L.) The Extra Strength
Surcharge shall be 10 cents per pound of BOD in excess of
250 mg /L, 9 cents per pound of TSS in excess of 250 mg /L,
10 cents per pound of O &G in excess of 50 mg /L, 10 cents
per pound of COD in excess of 400 mg /L, and $1.38 per CCF
for pH outside the range of 25.0 and 512.0 (standard pH
units). The Extra Strength Surcharge shall be computed
separately for BOD (or COD) , TSS, pH, and O &G on the total
discharge (consumption).
(b) There shall be a charge paid on all approved
sources of landfill leachate delivered to the Adams Field
or pumped into the collection system of 10 cents per
gallon.
(c) The following parameters are limited in
concentration by the Sanitary Sewer Committee through
regulation and /or Significant Industrial Users Discharge
Permits: arsenic, cadmium, chromium, copper, cyanide,
lead, pH, mercury, nickel, selenium, silver, TTO, zinc, and
any other parameter limited by a discharge permit issued to
the user.
Section 3. All bills for sewer service shall be
rendered monthly. Under the provisions of A.C.A. §14 -235-
223, if any sewer charge is not paid within thirty (30)
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days after same is due, there shall be a 10% penalty on the
amount due, for which suit may be brought to collect all
sums due, together with a reasonable attorney's fee.
Section 4. Each user of the sewer system shall be
notified, at least annually by publication in a newspaper
having wide circulation in Pulaski County, Arkansas, in
conjunction with a regular bill, of the rate and the
portion of the user charges which are attributable to waste
water treatment services, in compliance with 40 C.F.R.
§35.929 -2(f).
Section 5. That the provisions of this Ordinance are
separable and, if a section, provision, or phrase shall be
declared invalid, it shall not affect the validity of the
remainder of this Ordinance.
Section 6. That all resolutions and ordinances and
parts thereof in conflict with this ordinance, including
Ordinance No. 18,232 (approved March 21, 2000), are
repealed at the effective date of this Ordinance which is
September 1, 2002.
Section 7. That it is hereby ascertained and declared
that inadequate sewer rates will endanger the proper
operation, maintenance, and continued improvement of the
wastewater collection and treatment facilities of the City
which are necessary in order to prevent a hazard to the
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public health, safety and welfare of the inhabitants of the
City; and, therefore, an emergency is declared to exist and
this Ordinance shall take effect on September 1, 2002; and,
until that date, Ordinance No. 18,232 adopted March 21,
2000, shall remain in full force and effect.
All interested parties are invited to attend and be
heard on the subject. A copy of the ordinance is available
for inspection at the office of the City Clerk, Second
Floor of City Hall, Markham and Broadway, Little Rock,
Arkansas during the hours of business on Monday through
Friday 8:00 a.m. to 5:00 p.m.
Dated this 17th day of July, 2002.
s /Jim Dailey
Jim Dailey, Mayor
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