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ORDINANCE NO.
AN ORDINANCE CREATING A UTILITIES COMMISSION IN THE CITY OF
BATESVILLE, PROVIDING FOR DIRECTORS, PRESCRIBING AREA OF
OPERATION, DECLARING EMERGENCY AND OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS AS
FOLLOWS:
(1) BATESVILLE UTILITIES COMMISSION CREATED:
There is hereby created the Batesville Utilities Commission for
the purpose of directing, managing, controlling and operating
the Batesville water and sewer system.
(2) COMMISSION MEMBERS: The Batesville Utilities
Commission shall be composed of five members. The initial five
members and their respective term of office shall be as follows:
a) Y. M. Massey for a term of
of one year.
b) Otha McSpadden for a term of
two years.
c) _Charles Arnold for a term of
three years.
d) Phillip (Bud) Kerr
four years.
e) Howard Baker
five years.
for a term of
for a term of
All commission members shall serve without pay. No
commission member shall be financially interested in any contracts
with the commission.
(3) EXPIRATION OF TERMS: At the expiration of
his term no commission member shall be elgible for reappoint-
ment until he shall have been off the commission for one year.
There shall be no holding over.
(4) APPOINTMENT OF COMMISSIONERS: The appoint-
ment of members of the Batesville Utilities Commission shall
be by the City Council by majority vote of the elected alder-
men.
(5) PRESIDENT OF _BOARD: The president (chairman)
of the Batesville Utilities Commission shall be that member
whose term will next expire. The members shall choose one of
their number as secretary to keep such minutes and records as
is necessary. The president shall preside at all meetings ex--
cept in his absence, a vice-chairman may be elected to preside
and in the absence of the secretary, an assistant secretary
may be elected. All officers must be members of the commission.
(6) MEETINGS: The Batesville Utilities Commission
shall meet on a regular basis at least once a month. Called
meetings may be had at anytime at the request of the president
of the commission or any three commissioners.
(7) EXISTING BOND OBLIGATIONS ASSUMED AND NOT
IMPAIRED: All existing valid bond obligations of the Batesville
Waterworks Commission and the Batesville Sewer Committee are
hereby assumed in toto . The financial integrity of all valid
bonds of the Batesville Sewer Committee and the Batesville
Waterworks Commission is hereby assured. The Utilities Commission
is hereby directed to take all the necessary steps to maintain
the necessary rate structure and various bond funds required to
pay said obligations.
(8) POWERS OF COMMISSION- The Batesville
Utilities Commission shall have full power to operate and control
the plants entrusted to its direction and said commission shall
have full power to buy and pay for, out of revenues of said
plants, all necessary equipment and operating expenses. The
commission shall have plenary powers with reference to the
selection, supervision and compensation of the necessary operating
personel.
(9) RELATIONSHIP WITH COUNCIL: The Utilities
Commission shall make such reports from time to time as the
City Council may designate, after the effective date of the
ordinance.
(10) ACTS OF PIAYOR RATIFIED & CONFIRITED: All acts
of the mayor from the abolition of the old Sewer Committee and
the Batesville Water Commission are hereby ratified, confirmed,
and validated and declared official acts of the City of Batesville
Utilities Commission.
(11) SEVERABILITY: The various words, clauses,
sentences and sections of this ordinance are declared to be
severable and the invalidity of any word, clause, sentence or
section shall not affect the rest of this ordinance.
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(12) EFFECTIVE DATE The effective date of this
ordinance shall be the 'Z day of , 1971.
(13) EMERGENCY CLAUSE: Because there . naw no
sewer committee and further because there is an urgent need to
provide economies in the operation of the Batesville water and
sewer works, an emergency is hereby declared to exist and this
ordinance shall be in full force and effect from and after the
effective date of this ordinance.
Passed and approved this _7 day of
1971.
"IAYOR
ATTEST.
'Z
CLERK