HomeMy WebLinkAbout1989-08-01 ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF A
SANITARY SEWER, BIG PINE ADDITION, PHASE I , 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 I 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
Oconnection which results in sewage passing through any part of
said Big Pine Addition, Phase I , Sanitary Sewer Line until the
full amount of construction costs of such Big Pine Addition,
Phase I 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 I Sanitary Sewer
together with any and all sanitary sewer main lines that will
empty into said Big Pine Addition, Phase I 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:
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:
TRACT ONE: A tract of land being all of Lots
Three ( 3 ) , Four ( 4 ) , Five ( 5 ) , Six ( 6 ) , Seven ( 7 ) ,
Eight ( 8 ) , Nine ( 9 ) , Ten ( 10 ) , Eleven ( 11 ) ,
Twenty-nine ( 29 ) , Thirty ( 30 ) , Thirty-one ( 31 ) ,
Thirty-two ( 32 ) , Thirty-three ( 33 ) , Thirty-four ( 34 ) ,
Thirty-five ( 35 ) , Thirty-six ( 36 ) , Thirty-seven ( 37 ) ,
Thirty-eight ( 38 ) , Thirty-nine ( 39 ) , Forty ( 40 ) ,
Forty-one ( 41 ) , Forty-two ( 42 ) , Forty-three ( 43 ) ,
Forty-four ( 44 ) , Forty-five ( 45 ) , Forty-six ( 46 ) , and
Forty-seven ( 47 ) of the Big Pine Addition to the City
of Batesville, Independence County, Arkansas.
TRACT TWO: A tract of land being a part of the
northwest quarter of Sec. 14 , T 13 N, R 6 W in the
City of Batesville, Independence County, Arkansas,
more particularly described as follows: Beginning at
the northwest corner of Lot Three ( 3 ) of the Big Pine
Addition to the City of Batesville, Independence
County, Arkansas; thence S 71 25140" E along the south
line of said Lot Three ( 3 ) a distance of 159 . 94 feet
to the west end of Big Pine Road; thence N 18"34 ' 20" E
along said west end and along the west line of Lot 47
of said Big Pine Addition a distance of 273 . 79 feet to
the northwest corner of said Lot 47 ; thence N 624'
09159" W along the south line of Lots 38, 37 , 36, and
35 of said Big Pine Addition a distance of 504. 2 feet
thence N 60` 44144" W along the south line of Lots 34
and 33 of said Big Pine Addition a distance of 257 . 97
feet; thence N 69`'' 52 ' 27" W along the south line of
Lots 32, 31, 30 and 29 of said Big Pine Addition a
distance of 491. 08 feet to the southwest corner of
said Lot 29 ; thence S 20107132" W a distance of 5. 00
feet; thence S 69052127" E a distance of 74 . 74 feet;
thence S 01'` 41 ' 08" W a distance of 253 . 03 feet; thence
S 69` 52127" E a distance of 305 . 94 feet; thence S 600
44144" E a distance of 249 . 09 feet; thence S 62" 09159"
E a distance of 388 . 30 feet; thence S 18` 34120" W a
distance of 50 . 00 feet to the point of beginning;
TRACT THREE: A parcel of land in Independence
County, Arkansas, Sec. 14, T 13 N, R 6 W, described as
follows: Beginning at an iron pipe in the north line
of the SE 1/4 of said Sec. 14, and 276. 7 feet west of
the northeast corner of the SE 1/4 of said Sec. 14 ;
thence S 19` 19 ' W, 276 . 7 feet to an iron pipe on the
north right of way line of Arkansas State Highway No.
69 (now known as Harrison Street) to the southeast
corner of parcel; thence N 71017 ' W, 131. 0 feet;
thence N 70049 ' W, 170 . 0 feet; thence N 71" 25 ' W,
235. 5 feet to an iron pipe, the southwest corner of
parcel; thence N 18034 ' E 156. 6 feet to an iron pipe,
the northwest corner of parcel; thence S 71° 26 ' E,
226.0 feet; thence N 88000 ' E, 339 . 9 feet to the point
of beginning.
TRACT FOUR: A tract of land being all of lots 5,
6, and 7 of Block Two ( 2 ) of the Balch Addition to the
City of Batesville, Independence County, 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 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 August 15, 1989 shall be hereafter known as the Big
Pine Addition, Phase I 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 I
Sewer Line either directly or indirectly shall be known
hereafter as Big Pine Addition, Phase I 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„
Fees 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 I 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 I sewer system,
including the Big Pine Addition, Phase I 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 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 I Sewer Line and each and all of
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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 $2, 690. 00 for each single family 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 $3,190 . 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 , 190 . 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 the estimated water and sewage that will
flow into such sewer sytem 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 sytem
resulting in sewage passing through any part of said Big Pine
Addition, Phase I Sewer Line provided for in this ordinance.
SECTION 8 : No sewer connections 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 I Line without first obtaining permission to
make such connection, the owner of the property served by such
unauthorized connection of said sewer sytem shall pay a penalty
of $25. 00 per day for each day of such occurrance in 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
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
is necessary for the health of the citizens of Batesville,
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Arkansas and this ordinance therefore being necessary for the
preservation of the public peace, health and safety, emergency
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is hereby declared to exist and this ordinance shall take effect ;
and be in full force from and after its passage and approval.
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PASSED: 4 — 22 — / APPROVED:
AYOR
ATTEST:
CITY
CLEAK
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® A WORTHEN BANK
LOUISE WALKER
Personal Trust Administrator
September 28, 1989
City Of Batesville
170 South 4th.
Batesville, AR. 72501
Attn: Mayor and Members of the City Council
RE: Quail Valley Sewer Improvement District No. 1 of Batesville, Arkansas
Ladies and Gentlemen:
We are Trustee for the holders of Quail Valley Sewer Improvement District
No. 1 of Batesville, Arkansas Improvement Bonds, dated February 1, 1978
(the "Bonds:). We will have on hand on February 1, 1990, from current
tax collections, an amount sufficient to pay in full the outstanding Bonds
on that date. We hereby consent to the adoption of an ordinance by the
City Council providing that the tax supporting the Bonds not be extended
for collection in 1990 or thereafter.
DATED: 12 1989
FIRST NATIONAL BANK OF BATESVILLE
BY:/
UI E WALK SST. TRUST OFFICER-CORPORATE ACCOUNTS
BY:
GLENN EDWARDS, VICE PRESIDENT & TRUST OFFICER
FIRST NATIONAL BANK • P.O.BOX 2557 • (501) 793-4141 • BATESVILLE,ARKANSAS 72503
• FINANCIAL REPORT OF
QUAIL VALLEY SEWER IMPROVEMENT DISTRICT
NO. 1 OF BATESVILLE, ARKANSAS
First National Bank of Batesville City of Batesville , Arkansas
Batesville , Arkansas Batesville , Arkansas
Attention: Trust Department Attention: Mayor and Members
of City Council
Re : Quail Valley Sewer Improvement District No. 1 of
Batesville , Arkansas Improvement Bonds , dated
February 1, 1978 (the "Bonds" )
Ladies and Gentlemen:
As of September 30 , 1989, Quail Valley Sewer Improvement District
No. 1 of Batesville , Arkansas had the following assets and
liabilities :
ASSETS
Certificate of Deposit
Home Savings & Loan Association $ 97 ,590 . 61
Certificate of Deposit
First National Bank of Batesville 40,479. 58
• Savings Account
First National Bank of Batesville 28,417 . 42
Total $166 ,487 . 61
LIABILITIES
Interest on Bonds due 2/1/89 $ 4 , 388 . 75
Outstanding Principal of Bonds
(to be Redeemed 2/1/89) 159,000. 00
Paying Agent ' s Fees due 2/1/89 262 . 35
Total $163,651. 10
QUAIL VALLEY SEWER IMPROVEMENT
DISTRICT NO. 1 OF BATESVILLE,
ARKANSS
By S
Commilssioner
By Z)OMS, ' n
omm ssioner
By C-" T cv--o
ComtYissioner
•
City of Batesville, Arkansas
170 South 4th
Batesville, Arkansas 72501
Attention: Mayor and Members of the City Council
Re: Quail Valley Sewer Improvement District No. 1 of
Batesville, Arkansas
Ladies and Gentlemen:
Quail Valley Sewer Improvement District No. 1 of Batesville,
Arkansas (the "District" ) will have sufficient funds on hand on
• February 1, 1990 to pay all its outstanding Improvement Bonds,
dated February 1, 1978. The District has no other outstanding
bonds or obligations. Therefore, the District does not need to
collect taxes in 1990 from property owners in the District.
The District' s taxes are levied annually by the City pursuant to
Ordinance No. 886, passed February 14, 1978. Therefore, it is
necessary for the City to pass a new ordinance providing that
the taxes will not be extended for collection in 1990 or
thereafter. A proposed ordinance is attached. The ordinance
should be adopted and filed with the County Clerk and County
Collector prior to the Quorum Court extending taxes for
collection in 1990.
DATED: 1989 .
QUAIL VALLEY SEWER IMPROVEMENT
DISTRICT NO. 1 OF BATESVILLE,
ARKANSAS
By
Commi sioner
By u j
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Co i Toner
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Co ss1one r