HomeMy WebLinkAbout1999-12-02 z
ORDINANCE NO. Q a_a
AN ORDINANCE AUTHORIZING THE RECONVEYANCE TO THE
GRANTORS, THEIR HEIRS AND ASSIGNS, CERTAIN LANDS
DONATED TO PUBLIC USE FOR WATER SYSTEM SITES FOR WHICH
THERE IS NO FURTHER NEED FOR PUBLIC USE.
WHEREAS, the City of Batesville, Arkansas by and through its agency
the Batesville Utility Commission, is charged with the construction and
maintenance of the public water supply system; and,
WHEREAS, during the course of the existence of the Batesville
• Utilities Commission, the municipal corporation's boundaries have expanded,
and, during the course of expansion the Batesville Utility Commission, has
expanded its system of water storage and distribution for the public use; and
in so doing has acquired title to the facilities and distribution systems of both
the Denny Hill Water Supply Association, Inc., and the Ruddell Hill Water
Supply Association, Inc., including pump stations and tank sites, and,
WHEREAS, improvements in the Batesville system, and
interconnection of the Batesville system with the Denny Hill and Ruddell Hill
systems has eliminated the need for a storage tank site and a pump station site
® for each of these two systems; and,
• I
(W 44d
WHEREAS, the equipment and facilities at each of these four sites will
be dismantled and removed, except for existing water transmission pipes now
in the ground; and,
WHEREAS, these lands were donated for public use by private citizens
more than thirty years ago; and,
WHEREAS, the City of Batesville, through its independent agency, the
Batesville Utility Commission, is from time to time the recipient of donations
of lands and easements for public use in the water system, which donations
significantly decrease the cost of various water projects; and,
• WHEREAS, the City of Batesville wishes to recognize the contributions
of such donors and to encourage donors to make such donations by a return to
the donor grantors of the donated lands when the need for public use has
ceased;
NOW, THEREFORE, be it ordained and acted by the City of Batesville
as follows:
1. That upon a resolution from the Batesville Utility Commission
that donated lands formerly utilized for public use in the water system are no
longer needed for public use and that the parcels are of such size or location
L
/ ► as to be unsuitable for commercial or residential use and should be returned
to the donors or their successors and assigns, the City of Batesville shall place
before the City Council a request for reconveyance.
2. Upon a vote of the majority of the Batesville City Council, in
Quorum assembled, the Mayor and City Clerk shall be authorized to execute
a deed of reconveyance to the donors, their heirs, and assigns, of such parcel
of donated land no longer needed for public use.
3. The Mayor and City Clerk shall thereafter, pursuant to the
Authority granted by the City Council, execute such instrument of
reconveyance subject to reservation of easements for water or sewer lines as
may be requested by the Batesville Utility Commission.
4. Upon execution of such instrument of reconveyance shall be
delivered to the donors, their successors and assigns.
5. If any provision, paragraph, word, section, or article of this
Ordinance is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections, chapters, and titles shall not be
effective and shall continue in full force and effect.
6. All ordinances or resolutions or parts of ordinances or resolutions
in conflict herewith are hereby repealed.
7. Since these lands have existed during all of known history, and
shall continue to exist for at least the term of present government, there is no
emergency which would require this ordinance to be effective from the date
of its passage, and this ordinance shall therefore be effective thirty (30) days
after its passage and approval.
Adopted this day of 1999.
4!y:or
Attest:
City Clerk