0902
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ORDINANCE NO. 902 (#3-89)
AN ORDINANCE AMENDING ORDINANCE NOS. 268, 350, 541, 723, 731, 739,
AND 869, SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE
SECTION 13.16.060, FOR SERVICES RENDERED BY THE JACKSONVILLE WASTE-
WATER UTILITY, JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES.
WHEREAS, the Dr. J. Albert Johnson Regional Wastewater
Facility has begun operation, signifying the efforts of many who
sought a facility of this nature for the City of Jacksonville,
Arkansas, and,
WHEREAS, to operate the plant a proper user rate system
consistent with United states Environmental Protection Agency
requirements for the facility must be implemented; and,
WHEREAS, an agreement was reached on December 21, 1988,
between representatives of the united States Air Force, the City
of Jacksonville, Arkansas, through the Jacksonville Wastewater
utility, and the united States Environmental protection Agency,
that the sewer use charges for the Little Rock Air Force Base
shall be determined by the formula included in Section C of this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS:
~~CT~O~_ ONE: 13.16.060 of the Jacksonville Municipal Code
is hereby amended to read as follows:
Section A: Definitions - Unless the contents specifi-
cally indicates otherwise, the meaning of terms used in this
Ordinance shall be as follows:
1. Operation and Maintenance - Those functions which
result in expenditures during the useful life of the treat-
ment works for materials, labor, utilities, and other items
which are necessary for managing and for which such works
were designed and constructed.
2. Replacement - Expenditures for obtaining and install-
ing equipment, accessories, or appurtenances, which are
necessary during the useful life of the treatment works to
maintain the capacity and performance for which such works
were designed and constructed.
3. Residential User - Any contributor to the City's
treatment works facility whose lot, parcel, real estate,
or building is used for domestic dwelling purposes only.
4. Commercial User - All retail stores, restaurants,
office buildings, laundries, and other private businesses
and service establishments.
5. Industrial User - Any non-governmental, non-residental
user of publically owned treatment works facilities which
is identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as amended
and supplemented, under the following divisions:
Division A - Agriculture, Forestry, and Fishing;
Division B - Mining;
Division D - Manufacturing;
Division E - Transportation, Communications, Electric,
Gas and sanitary;
Division I - Services
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PAGE TWO (Ond. 902)
6. Institutional User - Social, charitable, religious,
and educational activities such as schools, churches,
hospitals, nursing homes, penal institutions, and similar
institutional users.
7. Governmental User - Legislative, judicial, adminis-
trative, and regulatory activities of federal, state, and
local governments.
8. Treatment Works - Any devices and systems for the
storage, treatment, recycling, and reclamation of municipal
sewage, domestic sewage, or liquid industrial waste. These
shall include intercepting sewers, outfall sewers, sewage
collection systems, pumping, power and other equipment and
their appurtenances; extensions, improvements, remodeling,
additions, and alterations thereof; essential elements to
provide a reliable recycled supply, such as stand-by treat-
ment units and clear-well facilities; any works, including
site acquisition of the land that will be an intrical part
of the treatment process or that which is used for ultimate
disposal of residues resulting from such treatment (includ-
ing land for composing sludge, temporary storage of such
composite and land used for the storage of treated wastewater
in land treatment systems before land application); or, any
other method or system for preventing, abating, reducing,
storing, treating, separating, or disposing of municipal
waste or industrial waste, including waste in combined
storm water and sanitary sewer systems.
9. Useful Life - The estimated period during which a
treatment works facility will be operated.
10. User Charge - That proportional amount of the total
wastewater service charge which is levied in a proportional
and adequate manner for the cost of operation, maintenance,
and replacement of the wastewater treatment works facilities.
11. Water Meter - A water volume measuring and recording
device, furnished and installed by the Water Department of
the City of Jacksonville, Arkansas.
12. Infiltration / Inflow - The total quantity of water,
other than wastewater, from both infiltration and inflow
without distinguishing the source from defective pipes,
pipe joints, connections, manholes, roof leaders, cellar
drains, yard drains, area drains, foundation drains, drains
from springs and swampy areas, cross-connections, catch
basins, cooling towers, storm waters, service run-offs,
street wash waters, or drainage.
13. Municipality - A city, town, county, parish, district,
association, or other public body (including an inter-
municipal agency of two (2) or more for the foregoing
entities) created under state law having jurisdiction over
disposal of sewage, industrial waste, or other waste. This
definition includes special districts such as water, sewer,
sanitary, utility, drainage, transport, or disposal of
liquid waste of the general public in a particular
geographic area.
Section B: The revenues collected, as a result of the
user charges levIed, shall be deposited in a separate non-lapsing
fund known as the Revenue and Operating Fund and the Emergency
Equipment Replacement Fund.
Fiscal year-end balances in this Revenue and operating Fund
and the Emergency Equipment Replacement Fund shall be used for no
other purposes than those designated. Monies which have been
transferred from other sources to meet temporary shortages in the
Revenue and operating Fund shall be returned to their respective
accounts upon appropriate adjustment of the user charge rates for
operation, maintenance, and replacement~ The user charge rates
shall be adjusted such that the transferred monies will be returned
to their respective accounts within six (6) mo~ths of the fiscal
year in which the monies were borrowed.
PAGE THREE (ORV. 902)
~3
Section C: All users shall be billed on a monthly
basis. The monthly charge for each customer shall be determined
each month on the basis of the following schedule of rates:
All Residential, Commercial and Industrial:
(Except Little Rock Air Force Base)
First 2,000 gallons or part thereof
Over 2,000 gallons
$4.10
$1.43 per 1,000
gallons or part
thereof
Little Rock Air Force Base:
$0.8126 per 1,000 gallons or part thereof based on actual
flow, based on the following formula used to determine the
appropriate charges:
[ ( 0& M) + r] P
-------------- = LRAFB RATE ($/1000 GALLONS FLOW)
LRAFB FLOW
WHERE:
O&M (Operation and Maintenance) = Expenditures during the
useful life of the treatment works for materials, labor, utili-
ties, and other items which are necessary for managing and for
such works were designed and constructed.
r (Replacement) = Emergency expenditures for obtaining and
installing equipment, accessories, or appurtenances, which are
necessary during the useful life of the treatment works to main-
tain the capacity and performance for which such works were
designed and constructed.
P (proportionality) = The relationship between the total
flow of the system and LRAFB flow expressed by the following
formula:
LRAFB FLOW
---------- = P (LRAFB % or PROPORTION OF FLOW)
TOTAL FLOW
Charges shall be assessed by an approved method of actual
flow measurement.
Residential:
Charges shall be assessed on all metered consumption.
However, for bills dated May through September, sewer charges
shall not exceed the amount that would be assessed based on an
individual user's average consumption for the preceding months
of October through March.
~ommerc ~~!J lnd ~~:tr i~l, and Li t tIe Rock Air Force Base:
Surcharges for excessive strength wastewater shall be
computed on the basis of actual monthly water consumption or an
approved method of actual flow measurement and shall be determined
using the following equation:
( 8 . 3 4 x MG ( C
ac
C F = Surcharge
al)
Where:
8.34 =
MG =
C =
ac
C =
al
The approximate weight of one gallon of water in
pounds (lbs.).
The volume of water used as determined by water
consumption or actual flow measurement in million
gallons per month.
Actual concentration of a particular pollutant
measured in milligrams per liter (mg/l).
Allowable concentration of a particular pollutant
measured in milligrams per lite~ (mg/l).
6f
PAGE FOUR (ORV. 902)
F = Rate per pound as applied to a particular pollu-
tant that is in excess of an allowable standards
for that pollutant.
The following schedule of surcharge rates shall apply:
$0.10
$0.08
$1.00
per pound of BOD (Biochemical Oxygen Demand), five
day) in excess of 250 milligrams per liter (mg/l).
per pound of TSS (Total Suspended Solids) in excess
of 250 milligrams per liter (mg/l).
per pound of oil and grease in excess of 100
milligrams per liter (mg/l).
Section D: Any user who believes his/her user charge
is unjust and-unequitable may make written application to the
Jacksonville Wastewater utility requesting a review of his/her
user charge. Said written request shall, where necessary, show
that the actual or estimated average flow and/or strength of waste-
water 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 Jacksonville
Sewer Commission and, if substantiated, the user charges for that
user shall be recomputed based upon the revised flow and/or
strength data and the new charges shall be applicable to the next
billing cycle.
Section E: The Jacksonville Sewer Commission shall
review the user charges annually and revise the rates as necessary
to insure that adequate revenues are generated to pay the cost of
operation and maintenance, including replacement and that the
system continues to provide for the proporational distribution of
operation and maintenance, including replacement costs among users
and user classes.
The Jacksonville Wastewater utility will notify each user
at least annually, in conjunction with a regular bill, of the rate
being charged for operation, maintenance, including replacement of
the treatment works facility.
This Ordinance shall incorporate by reference the latest
sewer rates study officially adopted by the Jacksonville Sewer
Commission containing detailed information of the user rate
system.
SECTION TWO: All Ordinances or parts thereof in conflict
herewi th'--are hereby repealed to the extent of such conflict.
Invalidity of any part of this Ordinance shall not invalidate any
other part thereof.
SECTION THREE: This User Charge Ordinance shall take pre-
cedence over any terms or conditions of agreements or contracts
between the City of Jacksonville and the users of the Jacksonville
Wastewater utility, including commercial, industrial, special
district, other municipalities, or federal agencies or installa-
tions which are inconsistent with this Ordinance.
SECTION FOUR: It is ascertained and declared that the lack
of an adequate sewer system for the needs of the City of Jacksonville,
Arkansas, endangers the life, health, and property of the inhabi-
tants of the City and that, in order to protect its inhabitants,
the rates and charges set forth in this Ordinance must be imple-
mented immediately for the operation, construction, extensions,
and improvements of the Jacksonville Wastewater utility System.
It is, therefore, declared that an emergency exists, that this
Ordinance is necessary for the immediate preservation of the
public peace, health, and safety, and that this Ordinance shall
take effect and be in force from and after its passage.
APPROVED AND ADOPTED THIS t-t!! DAY OF_ ~ ' 1989.
CITY OF JACKSONVILLE, ARKANSAS
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PAGE FIVE (ORV. 902)
ATTEST:
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APPROVED AS TO FORM:
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