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RESOLUTION # <br /> A RESOLUTION DESIGNATING THE MANAGER OF THE BATESVILLE UTILITY <br /> DEPARTMENT TO CONDUCT SHOW CAUSE HEARINGS AND TAKE OTHER SUCH ACTS <br /> AS MAY BE NECESSARY FOR THE ENFORCEMENT OF THE ENVIRONMENTAL <br /> STANDARDS REGULATIONS PERTAINING TO WASTEWATER PRETREATMENT AND <br /> DISCHARGE PURSUANT TO CHAPTER 10 . 36 OF THE BATESVILLE MUNICIPAL <br /> CODE; AND FOR OTHER PURPOSES. <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, <br /> ARKANSAS, AS FOLLOWS: <br /> SECTION 1 : That pursuant to Section 10 . 36 . 05 ( 5 . 4 .1 ) of the <br /> Batesville Municipal Code, the City Council does hereby designate <br /> and appoint the Manager of the Batesville Utilities Department as <br /> their agent to conduct a show cause hearing for the determination <br /> of violation and enforcement of the environmental standards regu- <br /> lations. Said Manager of the Batesville Utility Department is <br /> hereby empowered to take such acts and to do such things as are <br /> necessary to effectuate the enforcement of said environmental <br /> standards regulations and such acts by said Manager shall be with <br /> the same force and effect as if taken by the City Council. Said <br /> Manager shall have the authority to order any user of the Batesville <br /> Wastewater Treatment Facility to show cause before him why enforce- <br /> ment action should not be taken for an alleged unauthorized dis- <br /> charge into the Batesville Wastewater Treatment Facility. Said <br /> Manager shall issue such notices as may be required to the user <br /> specifying the time and place of a hearing to be held by him <br /> regarding the alleged violation, the reasons why the action is to <br /> be taken, the proposed enforcement action, and directing the user <br /> to show cause before the Manager why the proposed enforcement <br /> action should not be taken. The action of the hearing shall be <br /> served personally or by registered or certified mail (return <br /> receipt requested) at least ten (10 ) days prior to said hearing. <br /> Service may be had on any agent or officer of a corporation. The <br /> Manager shall conduct the hearing and take the evidence at show <br /> cause hearing and the Manager shall further have the authority to <br /> issue in the name of the City Council notices of hearings request- <br /> ing the attendance and the testimony of witnesses and the pro- <br /> duction of evidence relevant to any matter involved in such <br /> hearings, take evidence, and otherwise conduct said hearing and the <br /> Manager shall then transmit a report of the evidence and hearing, <br /> including transcripts and other evidence, together with recommend- <br /> ations to the City Council for action thereon. Said testimony <br /> shall be taken under oath and recorded stenographically. Said <br /> transcript shall be available to any member of the public or any <br /> party to the hearing upon payment of the usual charges thereof. <br /> SECTION 2 : The Manager shall be afforded such resources as are <br /> necessary to conduct said hearing and he shall be further granted <br /> such authority as is necessary to perform the obligations and <br /> duties imposed upon him as more fully described above. <br /> ADOPTED this day of 1986 . <br /> APPROVED: <br /> Jim Shir e <br /> . <br /> n 11, Mayor <br /> ATTEST: n. <br /> Hon. Larry( Williams, City Clerk <br />