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HomeMy WebLinkAbout844ORDINANCE NO. gyp An ordinance amending Ordinance No. 740, establishing rates to be charged for use of Batesville Sewerage System for users within the boundaries of the Municipality of Batesville, Arkansas, who are non-users of the Batesville Water System, declaring an emergency, and other purposes. WHEREAS, there has been no rate established for the use of the Batesville Sewerage System by users within the boundaries of the City of Batesville, Akransas, who are non-users of the water supply provided by the City of Batesville,Arkansas, and, WHEREAS, it is in the interest of the public health and welfare that commercial and residential non-users offhe Batesville Water System situate within the boundaries of the Municipality of Batesville, Arkansas, be allowed use of the Batesville Sewerage System; and, WHEREAS, it has been determined that the most feasible manner in which to apportion the expense of financing and maintenance of the Batesville Sewerage System as to users of the Batesville Sewerage System, who are non-users of the Batesville Water System, is to establish a flat rate for such users, which rate is not dependent upon metered water consumption; and which rate will adequately recompence the City of Batesville, Arkansas, for expenditures necessary to the financing and maintenance of the Batesville Sewerage System; NOW, THEREFORE, be it ordained by the City of Batesville Arkansas, as follows: SECTION l: Rates for users of Sewerage System within th.e Municipal Boundaries, who are non-users of the Municipal Water System: Ordinance No. 740, Section 1, is amended to add the following: SECTION 1 (g) (i): All residential users of the Batesville Sewerage System within the boundaries of the Municipaliby of Batesville, Arkansas, who are non-users of the Batesville Water System shall pay the sum of $3.50 per month to the City of Batesville, Arkansas, for use of the Batesville Sewerage System. SECTION 1 (g) (ii): The term residential users in Section 1 (g) (i) above shall be construed for purposes of this section to mean a single family residence. SECTION 1 (g) (iii): All commercial users of the Batesville Sewerage System within the boundaries of the Municipality of Batesville, Arkansas, who are non-users of the Batesville Water System, shall pay the sum of $5.00 per month to the City of Batesville, Arkansas, for the use of the Batesville SevvErage System. SECTION 1 (g) (iv): The term "commercial user" in Section 1 (g) (iii) above shall be construed for the purpose of this section to mean a single commercial enterprise, which introduces into the Batesville Sewer System less than 17,500 gallons of effluent per month. All commercial enterprises discharging into the system more than 17,500 gallons per month, who are non-users of the City water supply shall pay a reasonable rate to be determined by the Batesville Utilities Commission. SECTION 1 (g) (v): The Batesville Utilities Commission shall classify all users of the Batesville Sewerage System within the boundaries of the Municipality of Batesville, Arkansas, who are non-users of the Batesville Water System, into the categories of commercial users and residential users. SECTION 2: Each user, commercial or residential, of the Batesville Sewerage System, which user is not also a user of Batesville Water System, and which user if located within the boundaries of the Municipal Corporation of Batesville, Arkansas, - 2 - shall place on deposit with the Batesville Utilities Commission a sum equal to twice the monthly rate as hereinabove defined, i I which deposit shall be returned to the user upon the termination of status as a user of the Batesville Sewerage System, and upon payment of all fees then due and owing to the City of Batesville,) Arkansas, for the use of the Batesville Sewerage System. The I Batesville Utilities Commission is hereby empowered to cause i sewerage metering equipment to be placed upon the premises of anyl i such commercial enterprise, and attached to the sewerage lines thereon for the purpose of metering the dischawge of any such j enterprise into the City Sewerage System. The Batesville Utilitis I Commission, in such case, shall be reimbursed the value of such metering equipment and the cost of installation, before such I I enterprise is allowed to use the system. SECTION 3: The City of Batesville, its agents and employees, and particularly agents and employees of the Batesvill( Utilities Commission, shall be allowed to go upon the premises of any user of1he Batesville Sewerage System who is a non -user of the. Batesville Water System and which premises are situate within the boundaries of the Municipal Corporation of Batesville, Arkansas, for the purposes of inspection of interconnecting sewerage lines, and for determination of the number of users upon the premises. SECTION 4: The user of the Batesville Sewerage System who is a non -user of the Batesville Water System, and who is situate within the Municipal Boundaries of the City of Batesville Arkansas, shall be liable to the City of Batesville, Arkansas, for fees at the rate or rates hereinabove set forth until written notice of the termination of use of the Batesville Sewerage Syster is given to the City of Batesville Utilities Commission. SECTION 5: All statements of fees for the use of the Sewerage System of the City of Batesville shall be rendered - 3 - monthly to the user inthe net amount due. Any chawge which is not paid within thirty (30) days after it is due, will be considered a delinquent chaage. The owner of the premises upon which a user is situate shall be liable for the payment of all delinquent charges, even though the use of the Sewerage System is by a tenant, lessee or sub -lessee instead of the owner. If the said charges are not paid before delinquency, suit shall be brought in accordance with the laws of the State of Arkansas to enforce a lien upon the land upon which the user is or was situatE and to collect the amounts due, together with a ten percent (10%) penalty, and a reasonable attorney's fee. SECTION 6: That theprovisions of this Ordinance are separabel, and if a section, provision, or phrase shall be declar invalid, such declaration shall not affect the validity of the remainder of this Ordinance. SECTION 7: All ordinances and parts thereof in conflic herewith are hereby repealed to the extent of such conflict. SECTION 8: It is hereby ascertained and declared that the rates, billing procedures, inspection procedures, deposit requirements, and collection methods hereinabove contemplated are necessary in order to fairly apportion the expenses of financing and maintaining the Batesville Sewerage System among all users of the said Sewerage System; and that the provision of sewerage j services to all residences and commercial activities within the City of Batesville is necessary to remove a hazard to the health, safety and welfare of the inhabitants of the City of Batesville. It is therefore delcared that an emergency exists and this ordinance being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be enforced from and after its passage. PASSED: 7S' APPROVED: \ 1 ATTESTED: City Clerk (S E A L) - 4 - CERTIFICATE The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing pages, numbered 1 through 4, inclusive, are a true and compared copy of an ordinance passed at a4 & ,. session of the City Council of Batesville, Arkansas, held at the regular meeting place of the Council in the said city at J;- o0 o'clock _?_ M., on the _�� day of 1975, and that the said ordinances of record in Ordinance Record Book No. page p now in my possession. Given under my hand and seal this day of (S E A L) 51 1975. CITY CLERK