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16456M = = = M M i ORDINANCE NO: 16, 456 AN ORDINANCE ESTABLISHING A SCHEDULE OF SEWER RATES FOR THE LITTLE ROCK WASTEWATER UTILITY WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 1993, REPEALING ORDINANCE NO. 13,982 (APPROVED FEBRUARY 17, 1981), ORDINANCE NO. 16,018 (APPROVED MARCH 5, 1991), AND ORDINANCE NO. 16,080 (APPROVED AUGUST 6, 1991), AND FOR OTHER PURPOSES. 369 WHEREAS, the authority to operate and maintain the Little Rock Wastewater Utility is vested in the Little Rock Sanitary Sewer Committee (the "Sewer Committee "), but the authority to establish sewer rates is vested in the Board of Directors of the City, and the Sewer Committee has determined and recommended to the City Board of Directors that the rates herein set forth should be duly adopted by ordinance pursuant to law; and, WHEREAS, the Board of Directors finds that the rates estab- lished herein are adequate to pay the principal of and the interest on sewer revenue bonds, to make payments into the sewer revenue bonds sinking fund, to provide an adequate depreciation fund and to provide the Little Rock Wastewater Utility's estimated cost of operating and maintaining the sewer system, including the cost of improvements; and, WHEREAS, as a result of the comprehensive rate study performed in 1990, and thereafter supplemented in 1993, the need for an adjustment of rates was determined and the Sewer Committee has requested the adoption of rates reflected herein and has stated that the adjustments are necessary to cover the cost of the foregoing items herein. -1- �g 370 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY: 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 whose buildings or premises are connected with and use the sewer system or otherwise discharge sanitary sewage, industrial waste, water or other liquids, either directly or indirectly into the sewer system) the monthly water consumption of each customer. (b) In case of customers obtaining water exclusively from the Little Rock Municipal Water Works, the computation shall be based upon the water consumption records of the Little Rock Municipal Water Works. (c) In the case of customers obtaining water from sources other than the Little Rock Municipal Water Works, 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 the Little Rock Municipal Water Works' records, if any said customer also obtained water from the Little Rock Municipal Water Works) 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 -2- 0 371 the Utility, to have a meter installed for the purpose of determin- ing 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 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) The following rates shall be effective September 1, 1993 and shall be applied to the monthly water consumption of each customer, as above determined, to arrive at the monthly charge for each customer: -3- (1) Service Availability Charge Size Water Meter Furnishing Water Inside City Limits 5/811 $ 2.57 3/410 $ 3.85 jig $ 6.42 1 1/2" $ 12.84 2" $ 20.55 31' $ 38.53 41' $ 64.22 6" or larger $128.45 372 Outside City Limits $ 3.86 $ 5.78 $ 9.63 $ 19.26 $ 30.83 $ 57.80 $ 96.33 $192.68 (2) Volumetric Charge (for all water consumed) Volume of Water Consumed Inside City Limits Outside City Limits Per 100 cu. ft. $1.31 $1.97 (3) Billing Charge Customers whose usage requires rendering a bill by means other than the Municipal Water Works' Data Processing Facilities shall pay a service charge of $2.00 per bill in addition to all other charges. (4) 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. Section 2. The following rates for extra strength charges and Liquid Waste Haulers 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 Content (TSS) or Oil and Grease Content (O &G) constitute an added expense in the operation and maintenance of the Utility's treatment -4- 373 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 300 mg /1, for either parameter, and excessive O &G is hereby defined as in excess of 100 mg /l, as determined in accordance with 'Standard Methods for the Examination of Water and Wastewater', latest edition. The Extra Strength Surcharge shall be 9.20 cents per pound of BOD in excess of 300 mg /1, 8.83 cents per pound of TSS in excess of 300 mg /1, and 4.70 cents per pound of O &G in excess of 100 mg /1. The Extra Strength Surcharge shall be computed separately for BOD, TSS and O &G on the total discharge (consumption). (b) There shall be a charge paid on all liquid waste delivered to Adams Field Treatment Plant which is discharged into the sewer system at the Plant, as follows: Cost Base <500 Gal. 501 -3000 Gal. 3000+ Gal. Charge $10.00 $15.00 $30.00 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) days after same is due, suit may be brought to collect the amount due, together with a 10% penalty and 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). -5- 4 Section 5. *at the provisions of tFiis Ordinance are J '7 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. 13,982 (approved February 19, 1981), Ordinance No. 16,018 (approved March 5, 1991) and Ordinance No. 16,080 (approved August 6, 1991) are repealed at the effective date of this Ordinance which is September 1, 1993. Section 7. That it is hereby ascertained and declared that the proper operation, maintenance, and continued improvement of the wastewater collection and treatment facilities of the City are necessary to prevent a hazard to the public health, safety and welfare of the inhabitants of the City and, therefore, this Ordinance shall take effect on September 1, 1993; and, until that date, Ordinance No. 13,982, Ordinance No. 16,018 and Ordinance No. 16,080 shall remain in full force and effect. PASSED: July 6, 1993 ATTEST: CITY CLERK A6BBIE HANCOCK W11 6` MAYOR IM DAILEY