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HomeMy WebLinkAbout1972-654-R BEFORE THE CITY COUNCIL OF BATESVILLE, ARKANSAS RESOLUTION NO. A RESOLUTION GIVING FURTHER ASSURANCES TO THE ROCK-IMOORE WATER ASSOCIATION CONCERNING WATER SERVICE AND FRANCHISE AGREEMENTS IN THE CITY OF BATESVILLE AND OTHER PURPOSES. Whereas the Rock-Moore Water Association has for a number of years been planning water services East and South of the present city limits of Batesville , Arkansas, and Whereas the Rock-Moore Water Association has received its funding and will commence laying lines shortly and Whereas there exists a possibility that some of the area in question may be annexed by the city of Batesville and Whereas the Rock-Moore Water Association will not , and cannot serve this area without a franchise from the city of Batesville and Whereas this is an area where water is needed because existing water supplies are corrosive, sulphur, and inadequate. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS, AS FOLLOWS: 1. The city council gives further assurances to the Rock-Moore Water Association that should any of the below described service area be annexed to Batesville , the city of Batesville will give an exclusive franchise as much as by law permitted to the Rock-Moore Water Association to sell water in the service area below described and will not sell water in this area itself. (tow 2. The franchise given will include any of the following areas which is within the city limits of Batesville. (a) Along state highway 69 and one-fourth mile on either side thereof starting at the intersection of 30th street and State Highway 69 and thence Eastward as far as Moorefield, Arkansas. (b) Along a county road known as the Rutherford Gap or Gap Road and one-fourth mile from the westward and Southerly edge of said road, and all land that lies East and Easterly of said road starting at the intersection of State Highway 69 and the Gap Road and running thence South and Easterly down said road toward Magness , Arkansas. (c) In areas presently served by the City of Batesville with water at the time of the passage of this ordinance, the Rock-1vloore Water Association will not extend its line. 3. A specimen of the franchise which will be granted is attached hereto this resolution and is incorporated by reference herein as though set out fully word for word. PASSED AND APPROVED THIS _Z_4LOF t7 DAY Q 1972. CITY OF BATESVILLE _(4- f4"A 0 ATTEST: CLERK L (1W ORDINANCE AN ORDINANCE GIVING THE ROCK-MOORE WATER ASSOCIATION INCORPORATED A FRANCHISE AND THE RIGHT TO SELL, DISTRIBUTE AND SUPPLY WATER WITHIN THE CITY OF BATESVILLE IN CERTAIN AREAS DECLARING AN EMERGENCY AND OTHER PURPOSES Whereas , the Rack-Moore Water Association, Incorporated is securing a Farmers Home Administration Loan to supply water to certain areas which lie or might in the future lie within the city limits of Batesville, an, Whereas , the Rock-Moore Water Association cannot supply water to these areas without a franchise and permission of the city of Batesville , and Whereas, the Farmers Home Administration requires that the Rock-Moore Water Association Incoporated have an exclusive franchise as much as permited by law to sell such water in the area , now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS AS FOLLOWS: 1. It is determined that the sale of water under controlled circumstances is necessary for the public health and safety and to prevent duplication of utility services and that the sale and distribution of water is hereby declared to be a public utility and subject to regulation by the city of Batesville, Arkansas 2. The Rock-Moore Water Association, Incorporated be and hereby is awarded an exclusive franchise in so much as is allowed by law and the right to sell, distribute and otherwise furnish water on a purchase basis to all persons , firms , corporation, factories , industries and other entities in the city of Batesville along the following �w routes : (a) Along state highway 69 and one-fourth mile on either side thereof starting at the intersection of 30th street and State Highway 69 and thence Eastward as far as Moorefield, Arkansas. (b) Along a county road known as the Rutherford Gap or Gap Road and one-fourth mile from the westward and Southerly edge of said road, and all land that lies East and Easterly of said road starting at the intersection of State Highway 69 and the Gap Road and running thence South and Easterly down said road toward Magness, Arkansas . (c) In areas presently served by the City of Batesville with water at the time of the passage of this ordinance, the Rock-Moore Water Association will not extend its line. 3 . The City of Batesville will not serve the above areas with water during the life of this franchise. %W 4 . The Rock-Moore Water Association, Incorporated is further granted the right to use all streets , alleys and public ways in the city of Batesville for the purpose of laying mains, lines, meters and other water distribution facilities of every nature. 5. The term of tnis agreement shall be the life of the Farmers Home Administration loan plus 20 years. In the event a definite period of time is required by some statute or rule of law, then the term of this agreement shall be 60 years . 6. The water rates charged by the Rock-Moore water Association to users in Batesville, Arkansas, shall be that rate determined by the Board of Directors of said Water Association or their successors. 7. Damage to streets, alleys and other public ways caused by the laying and maintaining water mains and other distribution �w facilities shall be repaired by the Rock-Pioore Water Association to as good a condition as before excavation. 8. The Mayor and City Clerk are hereby authorized to execute such instruments as may be necessary to carry out the purposes of this ordinance. 9. It is determined that because of an inadequate water supply and a water supply of inferior quality is existing in the area described herein and an emergency is hereby declared and this ordinance being necessary for the public health and safety shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS DAY OF 1972. MAYOR ATTEST: CITY CLERK (W