13982ORDINANCE NO. 13,982
AN ORDINANCE REVISING THE PROCEDURE FOR ADJUSTMENT OF SEWER
CHARGES AND ESTABLISHING A PERIOD OF LIMITATION, INCREASING
INDUSTRIAL SURCHARGE SEWER RATES AND CONSOLIDATING AND CLA-
RIFYING THE EXISTING ORDINANCES FIXING RATES FOR ALL OTHER
SERVICES RENDERED BY THE WASTEWATER UTILITY OF THE CITY OF
LITTLE ROCK, ARKANSAS, AS SPECIFIED IN ORDINANCES NO. 12,679,
PASSED AUGUST 1, 1972; NO. 13,109, PASSED NOVEMBER 4, 1975
AND NO. 13,764 PASSED DECEMBER 4, 1979, DECLARING AN EMER-
GENCY AND FOR OTHER PURPOSES.
WHEREAS, there are currently in effect certain rate
ordinances fixing rates for services rendered by the Wastewater
Utility of the City of Little Rock, Arkansas (the "Utility "),
these being identified as Ordinance No, 12,679, passed August 1,
1972; No. 13,109, passed November 4, 1975 and No. 13,764, passed
December 4, 1979; and
WHEREAS, it is in the best interest and welfare of the
inhabitants of the City of Little Rock (the "City ") to consoli-
date all of these rate ordinances into one ordinance and to clarify
by making more specific Section 1, paragraph (d) of Ordinance
No. 13,109;
WHEREAS, the rates specified in the existing rate ordinances
and herein are based upon the quantity of wastewater discharged
to the sewer from a customer's premises being the same amount of
potable water delivered to the same premises by the Little Rock
Municipal Water Works, but that in certain instances, an appreciable
quantity of water delivered may not reach the sewer system, it is
in the best interest and welfare of the inhabitants of the City
of Little Rock that the existing procedure to adjust sewer charges
in such instances should be revised to permit adjustment in accor-
dance with authorized and approved meters determining the quantity
of such water not reaching the sewer system and further establishing
a period of limitations in which such adjustments may be made; and
WHEREAS, it is in the best interest and welfare of the inha-
bitants of the City of Little Rock that the industrial sewer sur-
charge rates be increased;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY:
Section 1. That the following monthly rates be, and they
are hereby, fixed 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 the 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 Munici-
pal 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 cus-
tomer 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 of water 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 cus-
tomer's sewer charge is based shall be adjusted and determined in
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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 pur-
poses, 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 applied to the monthly water
consumption of each customer, as above determined, to arrive at the
monthly charge for each customer:
(1) Service Availability Charge (for the first 200 cu.ft. of water
consumed or fraction thereof)
Monthly Service Availability Charge
Size of Water Meter
Furnishing Water Inside City Limits Outside City Limits
5/8"
$ 2.00
$ 3.00
3/4"
4.00
6.00
1"
7.00
10.50
1 -1/2"
14.00
21.00
2"
21.00
31.50
3"
42.00
63.00
4"
70.00
105.00
6" or larger
140.00
210.00
(2) Volumetric Charge (for water consumed in excess of 200 cu.ft.)
Volumetric Charge
Volume of Water
Consumed Inside City Limits Outside City Limits
All over 200 cu.ft. $.40 per 100 cu.ft. $.60 per 100 cu.ft.
(3) Customers whose usage requires rendering a bill by means other
than the Little Rock Municipal Water Works' data processing
facilities shall pay a service charge of $2.00 per bill.
Section 2. That the discharge of wastewaters having an exces-
sive Biochemical Oxygen Demand (BOD) or Total Suspended Solids
Content (TSS) or Oil and Grease (O &G) constitute an added expense
in the operation and maintenance of the Utility's treatment facili-
ties and should be accompanied by payment of an Extra Strength Sur-
charge to compensate for this added expense. Excessive BOD and /or
TSS is hereby defined as in excess of 300 mg /l, 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
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of Water and Wastewater ", latest edition. Said added charges
shall be 4.42 cents per pound of BOD in excess of 300 mg /1, 5.22
cents per pound of TSS in excess of 300 mg /l, and 2.0 cents per
pound of O &G in excess of 100 mg /l. Added charge shall be computed
separately for BOD and TSS on the total discharge (consumption).
Section 3. That all bills for sewer service shall be rendered
monthly. Under the provisions of Ark.Stat.Ann. X19 -4113 (Repl.1968),
a lien is fixed upon the land for any unpaid sewer charge even
though the use of the sewer system is by a tenant or lessee instead
of the owner and, if any sewer charge is not paid within thirty
(30) days after same is due, suit may be brought to enforce the
lien and to collect the amount due, together with a 10% penalty
and a reasonable attorney's fee.
Section 4. That, if in the judgment of the Sewer Committee
sufficient excess capacity in the Utility's trunk sewer and
treatment facilities exists and the best interests of the City
are served, sewer service may be extended to customers outside
the Corporate limits of the City, provided that voluntary annexa-
tion of the properties so served to the City is not legally possible.
Customers outside the Corporate limits of the City receiving sewer
service shall pay charges equal to one and one -half (1 -1/2) the
charges set forth in Sections 1 and 2 hereof_.
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 herewith are hereby repealed.
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
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and welfare of the inhabitants of the City and, therefore,
an emergency is declared and this Ordinance shall take effect
from and after its passage and approval.
PASSED: February 17, 1981
ATTEST:
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