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HomeMy WebLinkAbout1988-09-01 • p ORDINANCE NO. 0 B - 9 - AN 9 -AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A SANITARY SEWER, PROVIDING FOR PAYMENT OF CONSTRUCTION COSTS FROM CONNECTION FEES AGAINST THE USERS THEREOF, PROVIDING FOR THE FIXING AND COLLECTING OF CON- NECTION AND INSPECTION 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 "Hill Street Sanitary Sewer Line" referred to hereafter but is without available funds for this type of construction; and WHEREAS, interested property owners have offered to advance funds sufficient to make the construction of such sewer line • possible issued upon the assurance that any additional sewer connection which results in sewage passing through any part of said Hill Street Sanitary Sewer Line until the full amount of construction costs of such Hill Street Sanitary Sewer Line have been fully paid and thereafter fees for connection shall belong to the City of Batesville, Arkansas; and WHEREAS, the City of Batesville will operate and maintain such Hill Street Sanitary Sewer together with any and all sanitary sewer main lines that will empty into said Hill Street Sewer either directly or indirectly continuously from 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: SECTION 1: Property owners desiring or directed to make a connection with the sanitary sewer line which the City of Batesville proposes to construct on Hill Street in West Batesville, Arkansas 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 connections proposed to be constructed by the City of Batesville and may make such connections upon the payment of a connection fee to the City of Batesville, Arkansas. SECTION 2 : A portion of said sanitary sewer system Q that Batesville Utilities Commission is planning to install beginning on the lst day of October, 1988 shall be hereafter known as the Hill Street Sewer Line and the remainder of such sanitary sewer system including any and all sanitary sewer collection lines will empty into said Hill Street Sewer Line either directly or indirectly shall be known hereafter as Hill Street Sanitary Sewer Collection Lines. The plans of specifications for each and all of such lines shall be submitted to the Sewer Utilities Department 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 a Registered Professional • Engineer registered in the State of Arkansas and the Utilities Department of the City of Batesville, Arkansas. Said trunk lines shall be constructed under the supervision of McGoodwin, Williams and Yates, engineers and the Batesville Utilities Department of the City of Batesville, Arkansas. Fee collectedfor 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 City of Batesville, until the full amount of full construction costs of said Hill Street Line certified as aforesaid have been fully paid; and all fees collected after that time shall be regulated by and shall belong to the City of Batesville provided, however, no further fees are charged for use of said Hill Street Line 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 said sanitary sewer system or part thereof including said Hill Street Sewer Line and Sanitary Sewer • Collection Lines including all portions thereof lying within the City of Batesville, Arkansas and including each and every sanitary sewer line hereafter connected with said sanitary sewer system or connected so as to cause sewage to pass through any • part of said Hill Street Sewer Line in consideration of benefits to it from the construction thereof, the City of Batesville, Arkansas hereby accepts the same for operation and maintenance and assumes responsibility for and agrees to bear the costs and expense of operating and maintaining said Hill Street 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 City of Batesville, Arkansas is hereby fixed at $2, 000 . 00 for each single family residence connected with or served by such sanitary sewer system and is to be paid at or before the time the connection is made and no further fee is charged for use of said line 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. SECTION 5: In the event any business industry or other user desiring or directed to make such connection is of greater value than the average single family residence served by such sanitary sewage system 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 value of the property to be served or benefited and the estimated water and sewage that will flow into such sewer system from such user as compared with the value of the average single family residence and the sewage from the average single family residence connected therewith is determined and fixed jointly by the Utilities Department 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 conditions 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 ' t 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 Hill Street Sewer Line provided for in this ordinance. SECTION 8 : No sewer connections shall be made which will result in sewage flowing through any part of said sanitary sewer system without first obtaining a permit from the City of Batesville, Arkansas authorizing such connection and the City of Batesville, Arkansas shall be notified at the proper time so that each connection may be inspected and approved by it. The City of Batesville shall collect a standard fee for each permit so issued and shall cover the costs of inspection of the sewer connection made pursuant thereto. SECTION 9 : In the event any sewer connection is made resulting in sewage flowing through any part of said Hill Street 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 in addition to the connection inspection fee. SECTION 10 : If any part of this ordinance shall be held to 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 other residents without other sewage disposal facilities will be completed before the construction of the sanitary sewer system proposed by this ordinance and can be completed if commenced without delay that the prompt and efficient disposal of sewage 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: �1 - i 3 - APPROVED: YOR ATTEST: CITY CLERK