HomeMy WebLinkAbout5870"!,TNAN10E NO.
AI'1 ORDINANCE FIXING ANT` ESTABT TSHING THE AXR':GAT'� A:.'OU:'T O LI ' `JIlj r FEES,
M ' RGF� " j�'B S C "i "' DU'L TI'r' CITY ��: BATS SVIL ri' FR' i BAT�'SVITr E ' " E Tj
J: ril ♦J :S1` I i T lu.. J .J L \� u yJ 1.�..J C��TER
COTS PA' 17, INC., --ICH i11DUNT "Mi. BE USED, BY THE CITY IN LIEU OF ALL SUCI I
TAXES EXCEPTING AD VALCR 2i TA= -C AMB 1'UT01MBIL LICENSES, Yl j AUTHO�'I�II G
RaT 1S FOR FIRE HYDRUITS `,Yr) OTHErti 1 U?NICIPAL USES OF ','ATER, AND FOR O T:?EP,
PURPOSES.
WHEREAS, the Batesville "ater Company, Inc. (hereinafter sometimes referred
to as the "Water Company") is duly authorized by franchise ordinance hereto-
fore enacted to operate a water r' tint, ^n, r1�t t. ~ on system in the City of
Batesville, Arkansas, (hereinafter oomet 1,res ret" --reed to as "City") and said
water plant an-! distribution system and appi:rtenances thereto are used in, or
incident to, the rendition of water service to the City of Batesville, Arkansas,
and the inhabitants thereof, residing in said City, and
WEEHE:aS, the Iiiater Company is now occupying the streets and alleys of the
for the purpose of operating, maintaining and extending its water service to
the City and the inhabitants and the consumers res:�diag in sai�? City, and is
supplying to the City water service for fire protection purposes and other
municipal uses, and
VdIIEI?J,: S, the City is entitled to receive such just and reasonable taxes from
the -pater Company, which City might 1 aw-P,illy imr ose, and the Company is en-
titled to receive reasonable pa-nnent for servi^es received by City,
NOR!,.' IHZHE OF:I, Be it ordained by the Council of the City of Batesville, Arkansas,
that
Section 1. :'dater. Gompany shall pay to City the stun of X1,272.00 annually,
payable quarterly in advance, the first-, quarterly pa•nnent being due on the ef-
fective date of this 0rli.nance. It is eypres sly agreed and understood by the
M
Pa -e 2
City that, said payments shall constitrate and be considered as complete pay-
ment and dischar.re by the ;rater Company of all license fees, charges, imposi-
tions or taxes (other than automobile license fees, special millate taxes
and the general ad valorem taxes) which are now and might in the future be
imposed by the City under authority conferred upon the City by 1,rv. The ':,ater
Conpany shall have the privilege of crediting such sums with any unpaid_ balances
duesaid ^Dater Company for ?grater service rendered to said City.
Section ? The Uty does hereby expressly reco,,n_i.ze that contemporarzT ,pith
the effective date of this Ordinance that the ollater Company will prat in a
new rate for fire hydrants in the 1-iitjy of 3atesvil.le, Arkansas, said rate be-
ing set forth in Ordinance 110. cJ Ub, :;liter furnished the C .,
City fo. purposes
other than for fire protection purposes through fire hydrants, shall be be
paid by the City in accordance with the applicable rate schedifl , of the '',ater
Company now on file and/or :s they may in the future be filed by the "tater Co---
pany and approved by the Den-.rtment of 11ibl.ic T,?t]11tiec of the State of Arkan-
as. It is expressly agreed ,nd understood between the City and the ;Fater
Co*apany if any licenses, charges, fees. impositions or taxes (other than auto_
mobile license fees, special ma_Ilage taxes, and the ?eneral.ad valorem taxes)
be charged., imposed, or levied by the Citxt of Sate-;-ri_l.le in the future, then
in such event the rate for fire hydrants set forth in Ordinance No. , -S6
shall terminate and the obligation of the ",rater Comnanv set forth in Section 1,
hereof, to Pay the City an annual sum of $1.,272.00 shall immediately terminate.
Section
3. Nothing herein contained shall be construed asg�
ivino the
;tater
Company
any rights or privileges in addition to those already
enjoyed
or owned
by said Company, nor shall. it affect any prior or eVi_stinr, rights of the later
Comp=tiny to maintain and operate a water plant and distribution system within
said City.
"ace 3
Section 4. This Ordinance shall remain in effect for a term of five
(5) years
and for successive periods of one year each unless and unt_1 cancelled not
more than six (6) months nor leas than three (?) months prior to the expira-
tion of the original terra or any anniversary thereof.
Section 5. All other ordinances, agreements and parts of ordinances and agree-
ments in conflict 11ith the provisions of this Ordinance are hereby repealed.
Sect 6. Said '.',titer Company shall have thirtY (30) d3Ys from and � fter As
passage and approval to file its Written acceptance of this Ordinance vrith the
City Clerk and upon such acceptance being filed, this '',rdinance shall. be con-
3idered as taking effect and being in force from and _fter the date of its
passage and approval by the Mayor.
Approved this day of 19�.
Attest:
Cite Clerk ':ayor