18752• •
ORDINANCE NO. 18,752
AN ORDINANCE ESTABLISHING A SCHEDULE OF
SEWER RATES FOR THE LITTLE ROCK WASTEWATER
UTILITY WITH THE EFFECTIVE DATE OF
SEPTEMBER 17, 2002, REPEALING ORDINANCE NO.
18,232 (APPROVED MARCH 21, 2000), DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES
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 because the
current sewer rates need to be adjusted; and,
WHEREAS, the Board of Directors finds that the rates
proposed by the Sewer Committee and established 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 replacements; and,
WHEREAS, as a result of the comprehensive rate analysis,
the need for an adjustment of rates was determined and the Sewer
Committee has requested the adoption of rates reflected herein
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and has stated that the adjustments are necessary to cover the
cost of the foregoing items herein; and,
WHEREAS, there now exists within the City of Little Rock
certain areas zoned residential and containing existing
residences without public sewers ( "Unsewered Areas "), and these
specific areas have been identified by Little Rock Wastewater
Utility (the "Utility ") more specifically described in data
presented in writing by the Utility prior to the adoption of
this Ordinance and contained in the records of the Utility; and,
WHEREAS, the Little Rock City Board of Directors previously
mandated as soon as practical the extension of public sewers to
these residential unsewered areas at the time of the adoption by
the City of Little Rock Board of Directors of Little Rock
Ordinance No. 18,232, passed March 21, 2000, and some of these
areas, i.e., Nos. 18, 8, 24, 25 and 7, have been sewered, as
directed by the Little Rock City Board of Directors by the
extension of public sewers into those areas; and,
WHEREAS, the City of Little Rock Board of Directors in
order to protect public health and welfare desires to extend as
soon as practical public sewers to the remaining residential
Unsewered Areas currently existing within the City of Little
Rock; and,
WHEREAS, the Little Rock City Board of Directors has
directed that public sewers be extended as soon as practical
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into these existing, remaining residential Unsewered Areas
within the City of Little Rock, along with the other work to be
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completed with the funds to be realized after the adoption of
this Ordinance.
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,
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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.
(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
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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, hcwever, 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
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installed by Central Arkansas Water 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 17,
2002 and shall be applied to each customer, as above determined,
to arrive at the monthly charge for each customer:
(1) Service Availability Charge
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Rates
Effective September 17, 2002
Size Water
Inside
Outside
Meter
City
City
Furnishing
Limits
Limits
Water
5
r�
E
5/811
$ 9.00
$ 13.50
3/4"
$ 10.65
$ 16.00
1„
$ 14.25
$ 21.40
1 1/2"
$ 23.35
$ 35.05
211
$ 34.20
$ 52.35
3"
$ 59.55
$ 89.30
41'
$ 95.75
$143.65
6" or
larger
$186.30
$279.40
(2) Volumetric Charge (for all water consumed over
200 cu. ft. per month)
(g) The following rates shall be effective June 1, 2003
and shall be applied to each customer, as above determined, to
arrive at the monthly charge for each customer:
(1) Service Availability Charge
Effective September 17, 2002
Volume of
Inside
Outside
Water
City
City
Consumed
Limits
Limits
Per 100 cu.
$ 1.83
$ 2.75
ft
1 1/2"
$ 28.25
(g) The following rates shall be effective June 1, 2003
and shall be applied to each customer, as above determined, to
arrive at the monthly charge for each customer:
(1) Service Availability Charge
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Rates
Effective June 1, 2003
Size Water
Meter
Furnishing
Water
Inside
City
Limits
Outside
City
Limits
5/8"
$ 11.00
$ 16.50
3/4"
$ 12.90
$ 19.40
1"
$ 17.25
$ 25.85
1 1/2"
$ 28.25
$ 42.40
2"
$ 41.40
$ 63.35
311
$ 72.00
$108.00
4"
$115.85
$173.80
6" or
larger
$225.40
$338.10
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(2) Volumetric Charge
200 cu. ft. per month)
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(for all water consumed over
(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) Service Line Replacement Fee. Residential
customers shall pay a service line replacement fee as determined
by the Utility's schedule of fees.
(5) 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, 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.
(6) 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.
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Effective June 1, 2003
Volume of
Inside
Outside
Water
City
City
Consumed
Limits
Limits
Per 100 cu.
$ 2.21
$ 3.32
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) Service Line Replacement Fee. Residential
customers shall pay a service line replacement fee as determined
by the Utility's schedule of fees.
(5) 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, 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.
(6) 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.
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(7) 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.
(8) 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 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:
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(a) The discharge of wastewaters having an excessive
Biochemical Oxygen Demand (BOD) or Total Suspended Solids (TSS)
or Oil and Grease (O &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 a5.0 and s12.0 (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
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 0 &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 z5.0 and
s12.0 (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).
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(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) 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. In order to protect the public health and
welfare, the Little Rock Sanitary Sewer Committee is directed to
extend as soon as practical public sewer lines to those existing
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residential Unsewered Areas within the City of Little Rock, as
more particularly described in the Unsewered Area data prepared
by the Utility and contained in the records of the Utility, as
of the adoption of this Ordinance.
Section 6. 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 7. 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, as provided in Section 7 herein.
Section 8. 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 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 17, 2002; and, until that date,
Ordinance No. 18,232 adopted March 21, 2000, shall remain in
full force and effect.
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PASSED: September 17, 2002.
APPROVED:
MAYOR:
I*
Mayor Dailey
ATTEST:
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Nancy Kg6d, City C1
By: Nataki S. Knight, Deputy Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney