Loading...
0902 ~( 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 ~~ 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 I /0 . t BY · T~M ,~c;,.ygr--~- ~s~ PAGE FIVE (ORV. 902) ATTEST: ~} \ 1// ~~~-L~ARI5~r-~~~ APPROVED AS TO FORM: ~ / \ /'- "'? /./ ~ J .fa c....... VAUJ~:-;:TTORNEY