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ORDINANCE NO.
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AN ORDINANCE MAKING AN AGREEMENT BETWEEN THE CITY OF BATESVILLE,
ARKANSAS, AND THE BATESVILLE WATER COMPANY, INC., UNDER THE TERMS
OF WHICH THE CITY WILL RECEIVE, AND THE BATESVILLE WATER COMPANY,
INC. SHALL FURNISH WATER SERVICE TO THE CITY; ESTABLISHING AND
FIXING RATES FOR SUCH SERVICE; FIXING AND ESTABLISHING LICENSES,
FEES, CHARGES AND SPECIAL TAXES DUE THE CITY OF BATESVILLE, ARKANSAS,
FROM THE BATESVILLE WATER COMPANY, INC., WHICH WILL BE ACCEPTED BY
THE CITY IN LIEU OF ALL SUCH TAXES, EXCEPTING AD VALOREM TAXES
AND AUTOMOBILE LICENSES; AUTHORIZING RATES FOR FIRE HYDRANTS AND
OTHER MUNICIPAL USES OF WATER; AND REPEALING ALL ORDINANCES AND
AGREEMENTS IN CONFLICT HEREWITH.
WHEREAS, the Batesville Water Company, Inc. is duly
authorized by franchise ordinance heretofore enacted to operate
a water system in the City of Batesville, Arkansas, and said water
plant and distribution system and appurtenances thereto are used
in, or incidental to the rendition of water service to said City
and the inhabitants thereof; and
WHEREAS, said Water Company is now occupying the streets
and alleys in said City for the purpose of operating, maintaining
and extending its water service to the City and the inhabitants
and customers residing in said City, and is supplying to the City
water service for fire protection purposes and other municipal
uses; and
WHEREAS, said City is entitled to receive such just and
reasonable taxes from the said Water Company, which the City might
lawfully impose and the Water Company is entitled to receive
reasonable payment for services received by the City; and
WHEREAS, the City of Batesville has heretofore been
paying to the Water Company the sum of Two Hundred Thirty and
No/100 Dollars ($230.00) per month for fire hydrants at the rate
of Two and No/100 Dollars ($2.00) per month each for 115 hydrants
and the Water Company has been paying to the City a franchise tax
of Twelve Hundred Seventy Two and No/100 Dollars ($1,272.00)
annually; now
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS:
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Section 1. The Batesville Water Company, Inc. shall
make available to the City of Batesville, Arkansas, water service'
for fire protection through fire hydrants now located in the
streets and alleys of said City or which upon the reasonable request
of the City may be located hereafter in such streets and alleys by
the Water Company, all to the end that adequate fire protection be
provided; and shall furnish such service without charge or cost to
the City.
Section 2. The City of Batesville does expressly agree that
the furnishing by the Water Company of the fire hydrant service to
the City shall be in lieu of any and all franchise or other taxes,
licenses, charges, fees or impositions of any kind (other than
automobile license fees, permit fees for restoration of cuts and
excavations of streets and sidewalks, special millage taxes and the
general ad valorem taxes) that could be charged, imposed or levied
by the City.
Section 3. The said Water Company will supply and the
City will take and pay for all other water service required by the
City in accordance with applicable rate schedules now on file, and
as they may in the future be filed and approved by the Arkansas
Public Service Commission. All bills for such water consumption by
the City shall be rendered monthly, are due upon presentation and
are payable within ten days from the date thereof at the Company's
office, located in Batesville, Arkansas.
Section 4. This ordinance shall be retroactive to
January 1, 1959, and upon acceptance of this ordinance by the Bates-
ville Water Company, Inc., the said Water Company shall promptly
refund to the City all payments made to it by the said City for
fire hydrant service since January 1, 1959, and the City of Bates-
ville shall likewise refund to Water Company all franchise payments
made by Water Company since January 1, 1959•
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Sectiones Nothing herein contained shall be construed
as giving the Water Company any rights or privileges in addition to
those already enjoyed or owned by the said Company, nor shall it
affect any prior or existing rights of the Water Company to maintain
and operate a water plant and distribution system within the said
City.
Section 6. All ordinances and agreements and parts of
ordinances and agreements in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. This ordinance shall remain in effect for a
term of one year and for successive periods of one year each until
cancelled by written notice given by either party's intention so
to do, not less than three months prior to the expiration of its
original term or any anniversary thereof.
Section 8. Said Water Company shall have 15 days from
and after its passage and approval to file its written acceptance
thereof with the City Clerk; and upon said acceptance being filed
this ordinance shall be considered as taking effect and being in
force from and after January 1, 1959, which date shall be the
beginning of the original term hereunder.
ADOPTED this day of 1959
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APPROVED
Mayor
ATTEST:
Crit Clerk