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AN ORDINANCE FIXING RATES FOR SERVICES FURNISHED
BY THE SANITARY SEWER SYSTEM OF THE CITY OF BATES-
VILLE, ARKANSAS; PRESCRIBING THE METHOD OF BILLING;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, the present Sanitary Sewer System Facilities of the City of
Batesville, Arkansas (called "City"), are inadequate and an immediate need
exists for the construction of substantial betterments and improvements thereto;
and
WHEREAS, the Sewer Committee of the City has had prepared by Roy
Rosin, Consulting Engineer, Heber Springs, Arkansas, an Engineering Report
and Estimate of Cost covering the needed betterments and improvements, which
Engineering Report has been approved by the Sewer Committee and recommended
to the City Council of the City; and
WHEREAS, the City Council has studied the Report which, generally
stated, recommends the removal of some existing and installation of new col-
lection lines, enlarging interceptor lines; a new treatment plant for complete
treatment; and the extension of the sever service to areas that have been de-
veloped or in the process of being developed, all with needed and related
improvements and expenditures at a total estimated cost of approximately
$950,000, of which the City must furnish approximately $515,000, with the
balance to be obtained as grant funds from an agency of the Government of the
United States of America; and
WHEREAS, it has been determined that the only feasible way to finance
the cost to the City of the needed betterments and improvements will be by the
issuance of Sewer Revenue. Bonds in the principal amount of approximately
$812,000, with the proceeds to be used to refund the outstanding Sewer Revenue
Bonds of the City, dated January 1, 1954, and to finance the cost to the City of
the betterments and improvements, necessary incidental expenses and expendi-
tures and the cost of the authorization and the issuance of bonds; and
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WHEREAS, the initial step in the undertaking is the adjustment of the
rates for sewer services so as to insure the availability of sufficient revenues
derived from the operation of the Sanitary Sewer System to adequately cover
operation and maintenance expenses, principal and interest requirements and
depreciation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City
of Batesville, Arkansas:
Section 1 . That the following monthly rates be, and they are hereby,
fixed as rates to be charged for services furnished by the Sanitary Sewer System
of the City, which rates the City Council hereby finds and declares to be reason-
able and necessary minimum rates to be charged:
(a) Monthly sewer charges shall be based upon water consumption. The
Sewer Committee shall classify all customers of the Sanitary Sewer System (customer
being hereby defined as any landowner whose buildings or premises are connected
with and use the Sanitary Sewer System of the City or otherwise discharge sanitary
sewage, industrial waste, water or other liquids, either directly or indirectly into
the Sanitary Sewer System of the City) as either domestic or commercial on the basis
of whether the water consumption for the individual customer is used for domestic
or commercial purposes. In the case of domestic customers, the average monthly
water consumption for the months of January, February, March, October, November
and December of the calendar year preceding that in which sewer bills are rendered
shall be computed separately for each domestic customer and a uniform monthly
charge for each domestic customer shall be determined by applying the following
schedule of rates to the average monthly water consumption so computed. In the
case of commercial customers, the average monthly water consumption for the entire
calendar year preceding that in which the sewer bills are rendered shall be computed
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separately for each commercial customer and a uniform sewer charge for each
commercial customer shall be determined by applying the following schedule of
rates to the average monthly water consumption so computed; provided that in the
case of a commercial customer using an appreciable amount of water that does not
reach the Sanitary Sewer System, the Sewer Committee, upon the request of such
commercial customer, shall determine the percentage of the total water usage which
does reach the Sanitary Sewer System and the following schedule shall be applied
to that percentage. The following schedule of rates shall apply to residential
customers inside the city limits and to all commercial customers:
(1) For the first 3,000 gallons of water $ (-4 r,I per 1,000 gallons,
consumption per month or portion thereof, with there
being a minimum�nonthly
charge of $ L, .
(2) For the next 17,000 gallons of water
consumption per month
(3) For the next 80,000 gallons of water
consumption per month
(4) For the next 100,000 gallons of water
consumption per month
(5) For the next 200,000 gallons of water
consumption per month
(6) For all water consumption per month
in excess of 400,000 gallons
y'per 1,000 gallons
$ per 1,000 gallons
'I / r,
$ ��^ f per 1, 000 gallons
per 1,000 gallons
$ r % per 1,000 gallons
(b) Residential customers outside the city limits who are customers of
the Waterworks System of the City shall pay monthly sewer charges based upon
water consumption and the following schedule of rates shall apply to all such
customers:
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(1) For the first 3,000 gallons of water $ per 1,000 gallons,
consumption per month or portion thereof, with there
being a minimum monthly
charge of $ .-I %)
(2) For the next 17, 000 gallons of water
consumption per month
(3) For the next 80, 000 gallons of water
consumption per month
(4) For the next 100,000 gallons of water
consumption per month
(S) For the next 200,000 gallons of water
consumption per month
(6) For all water consumption per month
in excess of 400,000 gallons
$ per 1,000 gallons
per 1, 000 gallons
$ 1 ! per 1, 000 gallons
$ per 1,000 gallons
r.
$ `f per 1, 000 gallons
(c) Residential customers outside the city limits who are not customers
of the Waterworks System of the City will pay a monthly sewer charge of $
per house.
(d) Connection Charge. There shall be a connection charge for all
connections to the Sanitary Sewer System after the adoption of this Ordinance,
as follows:
(1) For customers inside the city limits whose property is
improved at the time of the adoption of this Ordinance
to whom sanitary sewer facilities are not now available
there will be no connection charge for any connections
to the Sanitary Sewer System made on or before n�,ti 4't
%,�___�) days after sanitary sewer facilities are made avail- /�7 /Y
able. If such customers make connection after such time
there will be a connection charge of $109-0 per connection.
(2) For customers within the city limits who improve their
property after the adoption of this Ordinance there will
be a connection charge of $1-6� per connection.
• . , n r�
(3) For customers outside the city limits there will be a
connection charge of $29-.00 per connection.
(e) All sewer bills shall be rendered monthly and shall cover the same
period as the corresponding monthly water bill. All sewer bills shall be rendered
in the net amount clue. Under the provisions of Section 19-4113, Ark. Stats. (1947),
a lien is fixed upon the land for any unpaid sewer charge, even though the use of
the sewer system is by a tenant or a lessee instead of the owner, and if any sewer
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charge is not paid within thirty days after it is due, suit shall be brought to
enforce the lien and to collect the amount due, together with a 10% penalty,
and a reasonable attorney's fee.
(f) Vacant, unoccupied property not actually using the Sanitary Sewer
System shall not be subject to a charge, but the burden of showing vacancy and
non-use shall rest upon the owner of the property.
Section 2. That the provisions of this Ordinance are separable, and if
a section, provision or phrase shall be declared invalid, such declaration shall
not affect the validity of the remainder of this Ordinance..
Section 3. That all ordinances and parts thereof in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. That it is hereby ascertained and declared that the contemplated
betterments and improvements to the Sanitary Sewer System are necessary in order
to remove a hazard to the health, safety and welfare of the inhabitants of the City
and that the construction thereof can be accomplished only by the sewer rate
charges fixed by this Ordinance. It is, therefore, declared 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 in force from and after
its passage.
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PASSED: r a
i
APPROVED:
ATTEST:
Mayor
City Clerk
(SEAL)
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CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby certifies
that the foregoing pages, numbered 1 to 5, inclusive, are a true and compared
copy of an Ordinance passed ata L_ -_-'Z_6 session of the City Council
of Batesville, Arkansas, held at the regular meeting place of the Council in said
City at C(' o'clock _L. M. , on the _ day of7T ,z s` L _, 19 Z
-and that said Ordinance is of record in Ordinance Record Book No. „T Page
/Z -J—. , now in my possession.
GIVEN under my hand and seal this day of ,
19
-,,/City Clerk
(SEAL)
M
NOW
EXCERPTS FROM MINUTES OF MEETING OF BATESVILLE ,
ARKANSAS, CITY COUNCIL HELD JANUARY 3, 1967
The City Council of the City of Batesville, Arkansas, met in special
session at C�-ity lfall in Batesville, Arkansas, at 7:00 o'clock
P.M., on the 3rd day of January, 1967. The following were present: Mayor
t�zrch ; City Clerk iP 1oy �. J ow and Aldermen
I oel Do, -Le, Ji rl :;rouc'n, >n<�,ld IIedden, .. Jenl: arson, L. Lar, er,
I3or)by Leon::.rd, Keith Jims,�
Absent:
Hone
The Mayor announced that this was the time established for a public
hearing on the proposed sewer rates and that notice of hearing was
given by one publication thereof in The Guard -Record Co. Inc. on the 22nd day
of December, 1966. The meeting was then opened for a hearing of all persons
desiring to present comments, suggestions or objections to the proposed
sewer rates. After hearing all those desiring to be heard, the Mayor de-
clared the public hearing closed.
Thereupon, Alderman Tenkc,,^son , seconded by Alderman
Redden moved that the Ordinance entitled:
"AN ORDINANCE FIXING RATES FOR SERVICES FURNISHED
BY THE SANITARY SEWER SYSTEM OF THE CITY OF BATES-
VILLE, ARKANSAS; PRESCRIBING THE METHOD OF BILLING;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY"
be placed on its second reading. The Mayor put the question on the adoption
of the motion and the roll being called, the following voted aye:
'1. Bone, .T .rouch, ). Vledden, Jen;tic,rson
and the following voted nay: Y)ne
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On
Thereupon, the Mayor declared that the motion was carried. The
Ordinance was then read by the City Clerk.
Alderman h.. itri s , seconded by Alderman > TJ 0 J len ,
then moved that the rule requiring the reading of an ordinance in full on three
different days be suspended and that the ordinance be placed on its third
reading. The Mayor put the question on the adoption of the motion and the
roll being called the following voted aye:
L. Luther, s. Laon_,_rd, II rns,
and the following voted nay: 11 ile
The Mayor declared that at least two-thirds of all members elected
to the Council having voted in favor of the motion to suspend the rule, the
motion was carried and the rule suspended. The Ordinance was then read
by the City Clerk.
Alderman • r i , seconded by Alderman J. r')uch ,
moved that the Ordinance be adopted. The question was put by the Mayor on
the adoption of the motion and the roll being called, the following voted aye:
J. ' 1{ e tide n
;i.
Done, � . �.,rouch1 �. ,
L. Lcaniier, B. Leonard, 1�:. Ji.11s, 'rio:)
and the following voted nay: I1one
The Mayor thereupon declared the Ordinance adopted and signed the
Ordinance, which was attested by the City Clerk and impressed with the seal
of the City. The Ordinance was given No. 71+0
(Matters not relating to the Rate Ordinance are omitted.)
There being no further business, the Council adjourned.
Mayor
ATTEST:
C' Clerk
(SEAL)
M
CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby
certifies that the foregoing pages, number 1 and 2, are a true and correct
copy of the minutes of a meeting of the Council of Batesville, Arkansas,
at a special session held at the ('it;T till in said City, at
7:00 o'clock P.M. , on the 3rd day of January, 1967.
GIVEN under my hand and seal this 14-t,11 day of T,� rnt r�z
1967.
(SEAL)
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Citi Clerk