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The City of Batesville, Arkansas, will review the user charges from time to time and <br />revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of <br />operation and maintenance including replacement and that the system continues to provide for <br />the proportional of distribution of operation and maintenance including replacement costs among <br />users and user classes. <br />Section 23. Dispute Resolution <br />Any user who feels his user is unjust and inequitable may make written application to the <br />City of Batesville requesting a review of the respective user charge. Said written request shall, <br />where necessary, show the actual or estimated average flow of his wastewater. Review of the <br />Request shall be made by the City Public Works engineer and, if substantiated, the user charges <br />for that user shall be recomputed based on the revised flow data and the new charges shall be <br />applicable to the next billing cycle/period. Should the user disagree with the City Public Works <br />engineer's findings, the user may elect to bring the issue before the City Council on appeal. <br />Section 24. Inoperative Meter/Catastrophic Use <br />Should a customer's water meter malfunction, the City may adjust the customer's bill as <br />set forth herein. When such malfunction or catastrophic use causes excess water consumption <br />and valid proof of repair, that is acceptable to the City, is presented, usage may be adjusted, at the <br />discretion of the City. <br />In the event a malfunction or catastrophic use is a result of defects on the customer's <br />property, such adjustment may be calculated by averaging the customer's use for the preceding <br />12 months, including high usage months, and assessing the bill in the amount of that average. <br />In the event a malfunction or catastrophic use is a result of defects on the City's property, <br />such adjustment may ne calculated by averaging the customer's use for the twelve (12) months <br />preceding the malfunction or catastrophic use and assessing the bill in the amount of that <br />average. <br />