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HomeMy WebLinkAbout1990-04-03 . t ORDINANCE NO. / ) Lr - 3 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A SANITARY SEWER, BIG PINE ADDITION, PHASE II , PROVIDING FOR PAYMENT OF CONSTRUCTION COSTS FROM CONNECTION FEES AGAINST THE USERS THEREOF, PROVIDING FOR THE FIXING AND COLLECTING OF CONNECTION AND OTHER FEES, PROVIDING FOR THE OPERATION AND MAINTENANCE BY THE CITY OF BATESVILLE, ARKANSAS OF SUCH SEWER LINES TOGETHER WITH ANY AND ALL SANITARY SEWER CONNECTION LINES THAT WILL EMPTY INTO SAID TRUNK LINE SEWER EITHER DIRECTLY OR INDIRECTLY", AND FOR OTHER PURPOSES. WHEREAS, the City of Batesville, desires and needs the "Big Pine Addition, Phase II Sewer Line" referred to hereafter; and WHEREAS, interested property owners have offered to pay and advance funds sufficient to make the construction of such sewer line possible upon the condition that any additional sewer • connection which results in sewage passing through any part of said Big Pine Addition, Phase II , Sanitary Sewer Line until the full amount of construction costs of such Big Pine Addition, Phase II Sanitary Sewer Line have been fully paid, and thereafter, fees for connection, shall belong to the Batesville Utilities Commission; and WHEREAS, the Batesville Utilities Commission will operate and maintain such Big Pine Addition, Phase II Sanitary Sewer together with any and all sanitary sewer main lines that will empty into said Big Pine Addition, Phase II Sewer either directly or indirectly continuously from and after the time of completion of each of such lines; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: � 4 • SECTION 1 : Property owners desiring or directed to make a connection with the sanitary sewer line which the City of Batesville proposes to construct in the Big Pine Addition in East Batesville, Arkansas on the lands described as: A tract of land being a part of the North Half of Section 13 and a part of the North Half of Section 14 of T 13 N, R 6 W in the City of Batesville , Independence County, Arkansas, more particularly described as follows : commencing at the West quarter corner of said Section 13 ; thence North along the West line of said Section 13 a distance of 447 . 90 feet to the Southeast corner of Lot 12 of the Big Pine Addition to said City of Batesville and the point of beginning; thence continue North along said West line a distance of 27 . 1 feet to the Northwest corner of Lot 7 of Block 2 of the Balch Addition to said City of Batesville; thence East along the North line of said Lot 7 to the Northeast corner of said Lot 7; thence Southeasterly to • the Northwest corner of Lot 5 of Block 3 of said Balch Addition; thence along the West and South line of said Lot 5 to the Southwest corner of Lot 4 of said Block 3 ; thence along the South line of Lots 4 , 3 and 2 of said Block 3 to the Southwest corner of Lot One of said Block 3 ; thence along the South and East line of said Lot One to the Northeast corner of said Lot One; thence East a distance of 50.0 feet more or less to a point on the West line of Lot 4 of Block 5 of said Balch Addition; thence South along the West line of said Lot 4 , Lot 3 and Lot 2 of said Block 5 to the Southwest corner of said Lot 2 ; thence Southeasterly along the South line of said Lot 2 to the Southeast corner of said Lot 2 ; thence East a distance of 250 .0 feet; thence North to the South right of way line of the Union Pacific Railroad; thence Northwesterly along said South right of way line to a point North of a Sanitary Sewer Pump Station on a tract of land owned by Mobley Lumber Company; thence South to said Sanitary Sewer Pump Station; thence Southeasterly in a straight line to the Southwest corner of Lot 28 of said Big Pine Addition; thence Southeasterly along the South line of Lots 28 , 27 , 26 , 25, 24 , 23 , 22 , 21 , 20 , 19 , 18 , 17 and 16 to the Southwest corner of said Lot 16 of said Big Pine Addition; thence Northeasterly to the Northwest corner of Lot 13 of said Big Pine Addition; thence South along the West line of said Lot 13 and the West line of said Lot 12 to the Southwest corner of said Lot 12 ; thence East along the South line of said Lot 12 to the Southeast corner of said Lot 12 and the point of beginning. and property owners desiring or directed to make a connection with any sewer system resulting in sewage passing through any part of said sanitary sewer system proposed to be constructed by the City of Batesville may make such connections upon the payment of a connection fee to the Batesville Utilities Commission. SECTION 2 . A portion of said sanitary sewer system that Batesville Utilities Commission is planning to install beginning on about June 15 , 1990 shall be hereafter known as ® the Big Pine Addition, Phase II Sewer Line and the remainder of such sanitary sewer system including any and all sanitary sewer collection lines will empty into said Big Pine Addition, Phase II Sewer Line either directly or indirectly shall be known hereafter as Big Pine Addition, Phase II Sanitary Sewer Collection Lines. The plans and specifications for each and all of such lines shall be submitted to the Utilities Commission of the City of Batesville, Arkansas for approval and each and all of such sanitary sewer collection lines shall be constructed according to such plans and specifications under the supervision of the Batesville Utilities Commission and the Engineers for the Batesville Utilities Commission. Fees 3 collected for sewer connection of said trunk line and for connections resulting from sewage passing through any part of said trunk line shall be paid to the Batesville Utilities Commission, until the full amount of construction costs of Big Pine Addition, Phase II Line have been fully paid; and all fees collected after that time shall be regulated by and shall belong to the Batesville Utilities Commission provided, however, no further connection fees shall ever be assessed against any single family residence for which fees for sewer connection as provided 'herein have been paid. SECTION 3 . Upon approval of the plans and specifications and construction of the Big Pine Addition, Phase II sewer system, including the Big Pine Addition, Phase II Sewer Line and Sanitary Sewer Collection Lines including each and every sanitary sewer line hereafter connected with this system or connected so as to cause sewage to pass through any part of the system, the Batesville Utilities Commission shall accept the Y � p same for operation and maintenance and assume responsibility for and shall bear the costs and expense of operating and maintaining said Big Pine Addition, Phase II Sewer Line and each and all of the sanitary sewer collection lines in a proper and efficient manner. SECTION 4 : The connection fee authorized in Section 1 of this ordinance to be paid to the Batesville Utilities Commission is hereby fixed at $3 , 000 .00 for each single family 4 • residence connected with or served by such sanitary sewer system, for such connections as are made on or before the completion of construction, which is to be paid at or before the time the connection is made and no further fee is to be charged for use of said line or shall ever be assessed against said single family residence except for the normal sewer bill which is based on water usage and inspection fee as provided in Section 8 hereinafter. Connections made within a one year period after completion shall be $3 , 500. 00 for each single family residence. Connections made after the expiration of this one year period shall be upon the basis of fees to be determined by the Batesville Utilities Commission under the • conditions then prevailing, taking into consideration the pro rata costs of construction, maintenance, and operation, but in no event shall be less than $3 ,500 . 00 unless modified by ordinance of the City of Batesville. SECTION 5 : In the event any business , industry or other user desiring or directed to make a connection will cause more water and sewage to flow into such system than flows from such average single family residence, then the connection fee shall be a sum based on the estimated water and sewage that will flow into such sewer system from such user as compared with the sewage from the average single family residence connected therewith as determined and fixed by the Utilities Commission of the City of Batesville, Arkansas. SECTION 6 : In the event of the remodeling or enlarging of any business , industry, or other user already connected with such sanitary sewer system, or change of condition resulting in more water and sewage flowing into said sewer systems from such business, industry, or other user already connected, additional connection fees may be charged and collected in an amount thereof to be fixed and determined in the same manner. SECTION 7 : Connection fees provided herein shall apply to and be collected from all residences, businesses, industries, and other users which connect to any sewer or sewer system resulting in sewage passing through any part of said Big Pine Addition, Phase II Sewer Line provided for in this ordinance. SECTION 8 : No sewer connection shall be made without the consent of the City of Batesville nor shall such connection be made except upon inspection and approval by the City of Batesville, Arkansas. SECTION 9 : In the event any sewer connection is made resulting in sewage flowing through any part of said Big Pine Addition, Phase II Line without first obtaining permission to make such connection, the owner of the property served by such unauthorized connection of said sewer system shall pay a penalty of $25 .00 per day for each day of such occurrence in i addition to any fees imposed by any other ordinance of the City of Batesville. SECTION 10 : If any part of this ordinance shall be held to G6 i be invalid, such invalidity shall not impair or effect the remainder of the ordinance, but all parts and portions not held to be invalid shall be and remain in full force and effect. SECTION 11 : It is found and declared that there are residences completed and occupied which will be connected to and served by the sanitary sewer system proposed by this ordinance and which will be without proper sewage disposal pending the construction of the sanitary sewer system proposed by this ordinance and that if the construction is commenced without delay such proper means of sewage disposal will be made available and that the prompt and efficient disposal of sewage i is necessary for the health of the citizens of Batesville, ® Arkansas and this ordinance therefore being necessary for the preservation of the public peace, health and safety, emergency is hereby declared to exist and this ordinance shall take effect and be in full force from and after its passage and approval . PASSED: A N i-2 ! L 2q, 199C APPROVED ;� AYOR ATTEST: 1� CITY CLE K 7