HomeMy WebLinkAbout2023-11-28-AGENDARick Elumbaugh, Mayor
Denise Johnston, Clerk
Timothy Meitzen, Attorney
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AGENDA
CITY OF BATESVILLE
CITY COUNCIL
500 EAST MAIN
BATESVILLE, AR 72501
November 28, 2023
5:30 P.M.
COUNCILMEMBERS
Brittany Bennett
Scott Fredricks
Julie Hinkle
Paige Hubbard
Fred Krug
Douglas Matthews
Chris Poole
Landon Reeves
1. CALL TO ORDER
2. INVOCATION
3. ROLL CALL BY CITY CLERK
4. APPROVAL OF MINUTES
5. APPROVAL OF AGENDA
6. COMMENTS FROM CITIZENS
7. UNFINISHED BUSINESS
A) Second reading of an ordinance banning unauthorized camping within the
city limits of the City of Batesville
8. NEW BUSINESS
A) Police Department Report
B) Fire Department Report
C) Engineer's Report
D) Consider an ordinance amending ordinance #2014-07-01 and modifying
fees and rates to be charged by Batesville Water and Sewer Utilities for
work related to water and sewer services
E) Consider a resolution authorizing the sale of property to the Arkansas
State Highway Commission
F) Consider an ordinance designating city owned property contiguous to
Polk (AKA "Poke") Bayou as a city park
G) Consider an ordinance designating city owned cemeteries as city parks
H) Consider an ordinance to amend the ordinance regarding city parks hours
of operation
9. COMMENTS FROM THE MAYOR
10. LIAISON REPORTS
11. COMMENTS FROM COUNCIL MEMBERS (by roll call)
12. ADJOURNMENT
"City of Hospitality"
ORDINANCE NO.
AN ORDINANCE BANNING UNAUTHORIZED CAMPING WITHIN THE CITY
LIMITS OF THE CITY OF BATESVILLE; PROVIDING FOR A SERVERABLTY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALITY
CLAUSE; AND FOR OTHER PURPOSES.
WHEREAS, the City of Batesville ("City") seeks to provide for the health, safety and welfare of
its citizens; and
WHEREAS, the City has authority pursuant to its police powers as a home -rule municipal
corporation to adopt and enforce ordinances and regulations to protect the health, welfare, and
safety of the public; and
WHEREAS, unauthorized camping frequently results in the deposit, storage, discharge, and
improper disposal of human excreta, wastewater, garbage, and other organic wastes;
WHEREAS, as the Council finds sewage, human excreta, wastewater, garbage, or other organic
wastes deposited, stored, discharged, or exposed in such way as to be a potential instrument or
medium in disease transmission to a person or between persons to be a public health nuisance;
and
WHEREAS, the debris and paraphernalia associated with unauthorized camping may provide
harborage to rodents and other vectors that carry and transmit disease and may be innately
harmful to people and property; and
WHEREAS, unauthorized camping is associated with both the presence of flammable debris
and the making of campfires in unsuitable vessels or in areas that are not properly cleared, all of
which pose hazards for wildfires and structural fires that endanger nearby properties; and
WHEREAS, unauthorized camping is a source of visual blight that diminishes the appeal and
perceived value of both the subject property and those around it, diminishing incentives for
owners and occupants of adjacent properties to maintain their own property, and exacerbating
challenges to impacted areas; and
WHEREAS, unauthorized camping most frequently occurs on unattended or vacant properties
and frequently constitutes criminal trespass; and
WHERAS, it is in the legitimate interest of the City of Batesville to protect the health, safety,
and welfare of its citizens by setting reasonable standards for the maintenance of property within
the city limits and by abating the nuisance related to unauthorized camping on properties within
the city limits; and
WHEREAS, the proposed prohibitions are intended to provide law enforcement the necessary
tools to remove unauthorized persons from property where camping is not allowed, regardless of
whether the owner cannot be located or is unavailable; and
WHEREAS, in instances involving unauthorized camping, law enforcement officers intend to
make reasonable efforts to obtain compliance by informal means, including directing individuals
to leave the property and, where appropriate, making referrals to social service providers such as
emergency medical treatment, mental health treatment, and other social services, including
temporary shelter, drug or alcohol rehabilitation; and
WHEREAS, the Batesville City Council finds it advisable to adopt this ordinance for the
public health, safety, and the preservation of Peace with the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS THAT:
Section 1: Title. This ordinance shall be titled as and cited as City of Batesville "Ban of
Unauthorized Camping."
Section 2: Definitions:
(a) AUTHORIZATION. Express written permission given by the property owner or the
owner's authorized agent.
(b) BRIDGE. A structure, including the approaches thereto, erected in order to afford
passage over any obstruction in any public road, railroad, or other right-of-way, or to
afford passage under or over existing public roads, railroads, or other rights -of -way.
(c) CAMP or CAMPING. To reside, dwell, or otherwise remain temporarily in a place,
using Transitory Shelter. Camp or camping does not include the use of public
property or public facilities for their intended and designated recreational use or for
authorized public or private events that involve the use of tents, awnings, or other
structures in connection with such recreational use or authorized public or private
event.
(d) EDUCATIONAL INSTITUTION. Any private school, including a parochial school
that offers a course of instruction for students in one or more grades from
kindergarten through grade 12, or a private college or university.
(e) GOVERNMETAL ENTITY. Any federal, state, or local government, including, but
not limited to, a municipality, county, unit of state government, educational
institution, public school district, junior college district or special purpose district.
(f) NON-RESIDENTIAL. Any property or area within the territorial limits of the City
that is not included in Residential District as defined in the Zoning Ordinance or that
is used for a commercial or industrial use.
(g) PROPERTY OWNER. Is the natural person or entity identified on the deed or
leasehold for private property.
(h) PUBLIC PROPERTY. Any property owned, leased, or controlled by a
Governmental Entity.
(i) RESIDENTAIAL. Any property or area within the territorial limits of the City that is
located in a Residential District as defined in the Zoning Ordinance including vacant
residentially -zoned.
(j) TRANSITORY SHELTER. Without limitation, any vehicle or motor vehicle, including
recreational vehicles and semi -trailer truck, any tent, tarpaulin, lean-to, sleeping bag,
bedroll, blankets, or any form of cover or protection from the elements other than
clothing. A recreational vehicle, semi -truck, or tractor trailer lawfully parked at a truck
stop with fuel and accessory services shall not be considered Transitory Shelter for the
purpose of this Section.
Section 3: Prohibition. It shall be unlawful for any person to camp upon any:
(a) Non-residential private property without possessing authorization of the property
owner or the owner's agent;
(b) Residential private property that has no permanent dwelling, or that is lacking a
potable water source and toilet facilities, without possessing authorization of the
property owner or the owner's agent; or
(c) Residential private property that has a permanent dwelling and both potable water
source and toilets facilities, without possessing authorization of the property owner or
the owner's agent. The property owner's household members are deemed to be
property owners under this paragraph.
(d) Public property, developed or undeveloped, or public facility, including but not
limited to, all parks, streets (including adjacent shoulders, medians, and terrace areas),
sidewalks, parking areas, picnic shelters, recreational, athletic fields and
appurtenances, buildings, educational institutions, public transportation vehicles,
greenspaces, playgrounds, benches, right-of-ways, and any area underneath a bridge,
within the municipal limits of the City of Batesville, Arkansas, without possessing
authorization from the Governmental Entity empowered to give said authorization.
The mayor or his authorized agent shall have authority to give said authorization on
behalf of the City concerning City owned property, and as may be authorized by any
subsequent municipal ordinance.
Section 4: Defenses. It is an affirmative defense to prosecution that a person charged with
violation of this section owns the property.
Section 5: Penalty. Any person engaging in the violation of this ordinance shall be fined
one -hundred dollars ($100) for the first day of violation and if the act is continuous, not more
than fifty dollars ($50) for each day of continuance. These fines do not include Court costs
which may be levied by a Court having competent jurisdiction. Persons found to be camping on
any Batesville city owned property without proper authorization are deemed to be on said
property unlawfully for purposes of charging and prosecution for Criminal Trespass under
Arkansas Code Annotated § 5-39-203 et seq.
Section 6: In General. Any property on which camping occurs shall be subject to all other
ordinances of the City of Batesville, including those related to zoning and health and safety.
Section 7: Conflicts with other Ordinances. That any ordinances in conflict herewith are
repealed to the extent of that conflict.
Section 8: Severability. The provisions of this Ordinance shall be deemed severable and the
invalidity, unenforceability, or unconstitutionality of any section, clause, phrase, sentence, or
part thereof, shall not affect the validity, enforceability, or constitutionality of any other section,
clause, phrase, sentence, or part thereof.
Section 9: Emergency Clause. It has been found and it is hereby declared that because this
ordinance is immediately necessary for the preservation of the public peace, health, and safety,
an emergency is declared to exist and this ordinance shall be effect from and after its passage and
approval.
PASSED this day of , 2023.
APPROVED:
Mayor Rick Elumbaugh
ATTEST:
Denise Johnston, City Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NOS. 2014-07-01 AND MODIFYING
FEES AND RATES TO BE CHARGED BY BATESVILLE WATER AND SEWER
UTILITIES FOR WORK RELATED TO WATER AND SEWER SERVICES.
WHEREAS, the City of Batesville owns and operates water distribution, pumping and
treatment facilities (water treatment works), and sewage collection, pumping and treatment
facilities (sewage treatment works);
WHEREAS, the City of Batesville has determined through a State required Water &
Sewer Rate Study that additional revenue is required to compensate for the increased cost of
water, materials, operation, maintenance, and deprecation of the Waterworks System, and to
provide for the extensions, betterments, and improvements that will be necessary from time to
time to meet needs of the City of Batesville;
WHEREAS, in order to accomplish said requirements, it is necessary that the rates for
the services of the Waterworks System be increased;
WHEREAS, it is necessary to charge deposits and fees for performing certain services
for customers of the Batesville Waterworks System; and
WHEREAS, in order to finance the proper and reasonable expense of operation repair,
replacement, and maintenance of the treatment works and sewage collection system, it is
necessary that the rates and fees for the service of the Sewer System be increased.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
BATESVILLE, ARKANSAS:
Section 1. Water Connection Fees
A Connection fee shall be charged for connection to the Batesville Water Utilities System
for all customers both inside and outside of the Batesville City Limits. "All Customers" does
include rental property connected for the property owner for a short time, transfer of service from
one service address to another, readouts or change of service (if a trip is necessary) from one
name to another. If the Batesville Water Utilities' employee must work past 5:00 p.m. in order to
complete the connection, the user shall be charged the after-hours rate of $70.00.
DESCRIPTION 2024 Charge
Water connection during normal work hours $20.00
Water connection after 5:00 p.m. $70.00
Section 2. Deposit
Deposits shall be as follows:
Residential Homeowner
Amount
Water
$50.00
Sewer
$50.00
Water & Sewer
$100.00
Landlord Deposit (for cleaning rentals)
$50.00
Residential Non -Homeowner.
Amount
Water
$75.00
Sewer
$75.00
Water & Sewer
$150.00
Commercial
Minimum Deposit $100.00
Maximum Deposit $500.00
Calculation Method
Three (3) times Monthly Average'
1 Three (3) times the expected monthly water bill, three times the history at that location, three
(3) times the monthly bill of Similar business size and type, or a deposit due after
implementation of services based on the first three (3) months of actual use.
Section 3. New Meter Installation
New meter installation fees shall be as follows:
Meter Size
34
1 "
2"
4" or larger
Rate (Same Inside or Outside City)
$1,400
$1,750
$4,650
Cost of labor, material, and
equipment usage.
Cost of Materials, Parts Labor and Equipment Usage Upgrades of existing meter to a
larger meter shall be charged at cost of materials and parts. If, with the original installation, an
extra meter is set but not used immediately upon activation, it shall be charged at the current rate
rather than the rate in use at the time of installation.
Any new meter to be installed outside the City Limits must be approved by the City
Council prior to installation.
Section 4. Meter Requirement and Multi -User Structures
Meters shall be installed at each water connection at all buildings, both public and
private. There shall be no more than one residential single-family dwelling on a single meter. At
the option of the City of Batesville, multiple meters may be required or a single meter maybe
required for multi-user residential structures.
In the event that a single meter is utilized for a building having multiple residential
housing unit occupancy, except hotels and motels, the water minimum rate shall be calculated by
multiplying the number of housing units times the single monthly minimum user rate. Mobile
home parks, apartments complexes, and other similar aggregates having more than one structure
in a group utilizing a single meter shall be subject to the same rate as multiple occupancy
residential housing buildings.
Hotels and motels shall be and are hereby classified as single occupancy commercial
structures and shall be subject to the water use rate of a single meter user.
Each commercial entity with a physical location utilizing water and sewer services shall
have a dedicated meter for each such location. In the event two or more commercial entities
presently utilize one meter, the rate shall be calculated by multiplying the number of such entities
by the minimum commercial rate.
Section 5. Road Crossing or Boring Fee -Water
The fee for Road crossing or boring, other than state or federal highways, for 1/4 "and 1"
meter shall be $1,200.00 per boring or crossing. If the water main is under a hard surface
including but not limited to asphalt or concrete, the city may charge an additional $25.00 per foot
of crossing or boring. However, in the event a third party must be contracted to complete the
road crossing or boring, the fee shall be equal to the City's charges accrued for services under the
contract. Road bores for meters over 1" shall be charged at the cost of materials, parts, labor, and
equipment usage.
Section 6. Road Crossing or Boring Fee -Sewer
Roads bores for sewer connections shall be the responsibility of the customer or
contractor. Batesville Water Utilities shall be contacted prior to construction to verify compliance
with city's standards and to allow time to schedule a representative to inspect the road bore.
Section 7. Inspection Fees
The fee for inspections, both water and sewer, conducted inside the Batesville City limits
shall be $35.00 per trip. If an inspection is required after normal work hours, the charge shall be
$70.00. For each hour in excess of two (2) hours, the charge shall be $35.00 per hour.
The fee for inspections, both water and sewer, conducted outside the Batesville City
limits shall be $45.00 per trip. If an inspection is required after normal work hours, the charge
shall be $90.00. For each hour in excess of two (2) hours, the charge shall be $45.00 per hour.
If more than one inspection is performed on the same property for the same customer
during the same trip in the normal allotted time, the charge shall be for one trip. Inspections may
include the water service line, the sewer service line (sanitary sewer) and new construction
rough -in, top -out and final inspection.
Section 8. Water Billing, Non -Payment Fees, Disconnect Fees, and Reconnect Penalty
Fees
Water bills will be sent out on the last working day of each month and shall be payable on
or before the 201" day of the following month. Non-payment, disconnect and reconnect penalties
and charges shall be on a per trip or per request basis as follows:
Description
Amount
Explanation
Late fee
10% of Bill
Payment not received by the 20t" of the month
Notification of
$20.00
1ST Formal in -person service of notification of past
Past Due Bill
due balance by notice left on premises.
Disconnect
$20.00
Personnel initiate process of disconnection for
non-payment.
Reconnect
$20.00
Reconnect service after payment during normal
business hours.
After Normal
Business Hours $70.00 Reconnect service after normal business hours
(5:00 p.m.-8 a.m.)
Profiling $20.00 Customer request City to extract usage information
From AMR meters.
At the time of the notification of past due bill, the customer will still be allowed to pay a
minimum of the past due bill plus the applicable late fee. After notification of past due bill, the
customer will still be allowed to pay a minimum of the past due bill plus the applicable late fee
until the first Monday of the next month.
Once the disconnect list, which sets forth those accounts which are set to be
disconnected, is printed and sent out, a disconnect fee of $20.00 for non-payment shall be
applied. If the customer does not come in and pay before physical disconnection for nonpayment,
an additional $20.00 charge shall be added to the account in the form of a reconnection fee. If the
service is disconnected, the customer must pay, in addition to the disconnect/reconnect fees, his
or her past due bill in order to have service reconnected. If a customer, having made payment
arrangements prior to disconnection, does not fulfill his or her obligations under that
arrangement, that customer shall be disconnected and an additional disconnect/reconnect fee
shall be applied to their account.
If a customer requests a reconnect after hours, where disconnection was caused by
nonpayment, the reconnect fee will be an additional $70.00 in addition to the disconnect fee.
Section 9. Insufficient Check Fee
Upon receipt of the first insufficient check, the customer may be called to redeem the
check for a $20.00 penalty if the bill for which check was written is immediately satisfied in full.
Should an insufficient check result in late penalties, notice of past due bill, disconnect, or
reconnect, all fees for said services set forth herein shall apply. The City may disconnect service
upon confirmation that subsequent checks failed to clear for insufficient funds.
Section 10. Damaged Services
Damage to a service is defined as cutting lock, damaging the eyelets or the hasp on the
setter when trying to turn water on illegally or damaging the meter i.e., breaking the register in
order to stop the meter from registering usage. A damaged charge is of $100.00 shall be assessed
against the account for each separate incident of such damage. If such damage occurs during an
attempt to circumvent the metering system, $100.00 shall be assessed against the account in
addition to the damage charge of $100.00, as well as the estimated charge for water used. If a
customer continues to damage services or continues in an attempt of theft of services, Batesville
Water Utilities is authorized to disconnect the service at the main line. If such service is
disconnected at the main line, the customer will be required to pay the full cost of setting a new
service in addition to all other charges levied to this account in order for service to be restored.
Section 11. Water Rate Definitions
Hereafter, the following definitions shall apply and be used in interpretation and
administration of Batesville water rates, to wit:
11.1 Residential Users are defined as those using waters services in
appurtenant to a structure used or designed for use as a dwelling place, whether for single or
multiple occupancy, excluding hotels and motels.
11.2 Commercial Users are defined as those using water services in or appurtenant to a
structure used or designed for a place of business, including hotels and motels, but excluding
industrial users.
11.3 Industrial Users are defined as those using water services in or appurtenant to a
structure or enclosed used or designed for use as a place for manufacturing or processing goods.
11.4 Wholesale Users are defined as any municipality, water association, improvement
district, or legal entity desiring to purchase water from the City of Batesville for resale by
individual metering.
11.5 Lawn Sprinkler are defined as those using water services for landscaping, lawn,
gardening, horticulture, or agriculture purposes, and those users shall be required to install
separate one inch (1 ") meter with no sewer or garbage charges.
Section 5. Water Rates for Customer Inside City Limits
Commencing with January 1, 2024, the billing period, the following monthly rates shall
be, and they are hereby, fixed as rates to be charged for water furnished by the Waterworks
System of the City to Customers inside the City, which rates the Council finds and declares to be
reasonable and necessary rates to be charged. Subject to the conditions hereinafter set out, the
charges for water services and water usage for each customer inside the city limits shall be based
on the customers meter size and the customer's meter water usage in accordance with the
schedules shown below.
12.1 Residential, Commercial, and Industrial water user customers inside the city limits
shall pay the following minimum monthly rates for the first one thousand (1,000) gallons or any
part thereof for metered water usage based upon the meter size and calendar year in the
following table:
Inside City
Inside City
Inside City
Inside City
Inside City
Meter Size
2024 Min
2025 Min
2026 Min
2027 Min
2028 Min
3/4"- 5/8"
11.98
13.30
14.80
16.42
18.12
1"
29.58
32.85
36.55
40.57
44.74
2"
119.74
132.98
147.95
164.21
181.12
3"
287.36
319.15
355.07
394.09
434.66
4"
502.89
558.52
621.38
689.67
760.67
6"
1,101.56
1,223.40
1,361.10
1,510.68
1,666.21
8"
1,914.35
2,126.10
2.365.40
2,625.35
2,895.63
12.2 Residential, Commercial, and Industrial water user customers inside the city limits shall be
charged the following rates based on the calendar year for metered water usage greater than one thousand
(1000) gallons per month (rate is dollars per 1000 gallons used):
Inside City Inside City Inside City Inside City Inside City
Water 2024 Water 2025 Water 2026 Water 2027 Water 2028
Next 99,000 gal 4.60 5.11 5.69 6.31 6.96
Next 1,900,000 gal 3.50 3.89 4.33 4.80 5.30
All Over 2,000,000 gal 2.75 3.05 3.39 3.77 4.15
12.3 Water rates for all customers inside the City limits shall increase at a rate of four
percent (4%) on January 1" of each year starting in the year 2029.
Section 13. Water Rates for Customers Outside City Limits
Commencing with January 1, 2024, billing period and subject to the conditions
hereinafter set out, the charges for water services and water usage for each residential,
commercial, or industrial user customer outside city limits shall be based on the customers meter
size and the customers metered water usage in accordance with the schedules shown below.
13.1 Residential, Commercial, and Industrial water user customers outside the city
limits shall pay the following minimum monthly rates for the first one thousand (1,000) gallons
or any part thereof for metered water usage based upon the meter size and calendar year in the
following table:
Outside City
Outside City
Outside City
Outside City
Outside City
Meter Size
2024 Min
2025 Min
2026 Min
2027 Min
2028 Min
3/4".5/8"
18.70
20.77
23.11
25.65
28.29
1"
46.48
51.62
57.43
63.7S
70.31
2"
187.35
208.07
231.49
2S6.93
293.38
3"
449.36
499.06
555.23
616.2S
679.70
4"
786.03
872.97
971.23
1,077.96
1,188.94
6"
1,719.96
1,910.21
2,125.21
2,358.76
2,601.60
V.
2,992.30
3,323.29
3,697.32
4,103.6S
4,S26.13
13.2 Residential, Commercial, and Industrial water user customers outside the city limits
shall be charged the following rates based on the calendar year for metered water usage greater
than one thousand (1000) gallons per month (rate is dollars per 1000 gallons used):
Outside City Outside City Outside City Outside City Outside City
Water 2024 Water 2025 Water 2026 Water 2027 Water 2028
Next 99,000 gal 5.76 6.40 7.12 7.90 8.71
Next 1,900,000 gal 4.38 4.87 5.41 6.01 6.63
All Over 2,000,000 gal 3.44 3.82 4.25 4.71 5.20
13.3 Water rates for all customers outside the City limits shall increase at a rate of four
percent (4%) on January 1st of each year starting in the year 2029.
Section 14. Meter Size
The size of the meter shall be commensurate with the potential use of water (maximum
rate od demand), and shall be determined by the City of Batesville.
Section 15. Wholesale User Rates
Commencing with the January 2024 billing period, any municipality, water association,
improvements district, utility, or legal entity which purchases water for resale shall purchase
water for resale shall purchase at the following rate schedule (rate is dollars per 1000 gallons used):
Wholesale Wholesale Wholesale Wholesale Wholesale
Water 2024 Water 2025 Water 2026 Water 2027 Water 2028
All Wholesale per 1000 gal 3.44 3.82 4.25 4.71 5.2
15.1 Water rates for all wholesale customers shall increase at a rate of four percent (4%)
on January 1" of each year starting in the year 2029.
Section 16. Private Fire Connections
Private fire connections for private premises shall pay the following fire service charges per year.
16.1 Automatic sprinkler system connections shall be charged as follows:
16.1.1 1,000 heads or less
16.1.2 For systems containing more than
1,000 heads, for each head
16.2 Private fire hydrants; standard
Two (2) 2.5-inch standard hose connections
16.3 Standard hydrant with one 2.5 inch
Hose connection
$612.00 annually
$612.00 annually
plus $0.68 per head (each)
$612.00 annually
per hydrant
$442.00 annually
per hydrant
16.4 The service charge for fire hose standpipes shall be:
16.4.1 1.25" diameter openings, or smaller
16.4.2 1.5" diameter openings
16.4.3 2.0" diameter openings
16.4.4 2.5" diameter openings
Section 17. Sewer Tap Fees
$41.00 annually (each)
$68.00 annually (each)
$153.00 annually (each)
$305.00 annually (each)
After the customer has excavated in accordance with all safety standards, Batesville
Water Utilities shall, on existing main line and manholes, make the tap at a charge of $300.00 per
tap. In a development of another developer who installed approved stub -outs, a builder shall be
charged a $75.00 fee by Batesville Water Utilities for access to the sanitary sewer. Sewer
connections for a developer building its own development where it has connected approved
sewer lines and manholes with approved stub -outs shall be assessed an access fee. Use by a
customer of an existing pre -used sewer connection shall not be assessed an access fee, all taps,
connections, stub -outs, and sewer lines attaching to the Batesville Water Utilities sewer
collection system shall be inspected and approved by a representative of Batesville Water
Utilities before access will be granted to the system. Batesville Water Utilities shall be contacted
prior to construction to allow time to schedule a representative to inspect during construction.
Section 18. Sewer Billing Procedure
Bills for sewer shall be rendered monthly. If a bill is not paid on or before the twentieth
(201") day following the original date of billing, a ten (10) percent penalty shall be added to the
bill. If a bill is not paid on or before the thirtieth (30t") day following the original date of billing,
the City shall disconnect the water services to the premise.
Section 19. Sewer Rates
19.1 Monthly Sewer Charges. Monthly sewer rates shall be based upon metered water
consumption.
19.2 User Classification: The City shall classify all users of the sanitary sewer system as
either domestic or commercial, on the basis of whether the water consumption for the individual
user is for domestic or commercial purposes.
19.3 Definition of User: The term "user" is hereby defined as any person or entity whose
buildings or premises are connected with and use the sanitary sewer system of the City or other
discharged sewer, industrial water, or other liquids either directly or indirectly into the sewer
system of the City.
19.4 Domestic User Fee. For each domestic user the average monthly water consumption
for the months of January, February, and March of the current year in which sewer bills are
rendered, and the month of December of the preceding calendar year, shall be computed. The
resulting average consumption shall constitute the uniform monthly charge for each domestic
user. Each user's rate shall then be determined by applying the schedule of rates shown below to
the uniform monthly charge of each user.
19.5 Fee for New Domestic User. In the event a new customer has not established a four-
winter-month's average use as set out above, the billing shall be based on the actual month's
usage until a four -winter -months' average use has been determined.
19.6 Basis of Commercial User's Bill. For each commercial user, the monthly water
consumption for the month in which the sewer bills are rendered shall be computed and the
sewer charge for each commercial user shall be determined by applying the schedule of rates
shown below to the monthly consumption for each user, provided that in the case of a
commercial user using an appreciable amount of water that does not reach the sewer system, the
City, upon request by such commercial user, shall determine the volume of the water usage that
does reach the sewer and the schedule of rates shall be applied to that volume.
19.7 Total Rate Schedule for Users Inside City Limits
19.7.1 Sewer Rates for Customers in the City Limits. Residential,
Commercial, and Industrial sewer user customers inside the city limits shall pay the rates for
metered water usage based upon the calendar year and rates in the following table:
Inside City
Meter Size Sewer 2024
Inside City
Sewer 2025
Inside City
Sewer 2026
Inside City
Sewer 2027
Inside City
Sewer 2028
Minimum Charge
for First 1,000 gallons 15.53
17.59
18.45
19.34
20.32
All Over 1,000 gallons 5.03
5.69
5.97
6.26
6.58
Calculated by multiplying
Rate by Number of Thousands
Of Gallons Used
19.7.2 The rates set in the total rate schedule for users inside City Limits as stated in this Section
shall increase four percent (4%) each year, beginning January 1, 2029.
19.8 Total Rate Schedule for Users Outside City Limits
19.8.1 Sewer Rates for Customers outside the City Limits. Residential,
Commercial, and Industrial sewer user customers outside the city limits shall pay the rates for
metered water usage based upon the calendar year and rates in the following table:
Outside City Outside City Outside City Outside City Outside City
Meter Size Sewer 2024 Sewer 2025 Sewer 2026 Sewer 2027 Sewer 2028
Minimum Charge for
First 1,000 gallons 19.41 21.99
All Over 1,000 gal 6.27 7.11
Calculated by multiplying
Rate by Number of Thousands
Of Gallons Used
23.07 24.18 25.41
7.46 7.81 8.21
19.8.2 For users of the sanitary sewer system located outside the City, the monthly
rates for sewer services of the system shall increase four percent (4%) each year, beginning
January 1, 2029.
Section 20. No Services Furnished Without Fee.
None of the facilities or services afforded by the sewage treatment works shall be
furnished without a charge being made therefore. Any vacant, unoccupied property attached to
the sewer system having an in-service water meter shall be considered to be a contributor to the
sewer system at such time as a sewer is completed and as such is subject to the monthly usage
and services set forth in the above -mentioned rate structure.
Section 21. Records
A financial management system shall be established and maintained by the City of
Batesville, Arkansas, to document compliance with Federal regulations pertaining to any
Revolving Loan. The system will account for all revenues generated and expenditures for
operation and maintenance and replacement.
Section 22. Review and Revision.
The City of Batesville, Arkansas, will review the user charges from time to time and
revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of
operation and maintenance including replacement and that the system continues to provide for
the proportional of distribution of operation and maintenance including replacement costs among
users and user classes.
Section 23. Dispute Resolution
Any user who feels his user is unjust and inequitable may make written application to the
City of Batesville requesting a review of the respective user charge. Said written request shall,
where necessary, show the actual or estimated average flow of his wastewater. Review of the
Request shall be made by the City Public Works engineer and, if substantiated, the user charges
for that user shall be recomputed based on the revised flow data and the new charges shall be
applicable to the next billing cycle/period. Should the user disagree with the City Public Works
engineer's findings, the user may elect to bring the issue before the City Council on appeal.
Section 24. Inoperative Meter/Catastrophic Use
Should a customer's water meter malfunction, the City may adjust the customer's bill as
set forth herein. When such malfunction or catastrophic use causes excess water consumption
and valid proof of repair, that is acceptable to the City, is presented, usage may be adjusted, at the
discretion of the City.
In the event a malfunction or catastrophic use is a result of defects on the customer's
property, such adjustment may be calculated by averaging the customer's use for the preceding
12 months, including high usage months, and assessing the bill in the amount of that average.
In the event a malfunction or catastrophic use is a result of defects on the City's property,
such adjustment may ne calculated by averaging the customer's use for the twelve (12) months
preceding the malfunction or catastrophic use and assessing the bill in the amount of that
average.
Section 25. Reasonableness
That the City Council hereby finds and declares that the above fees and rates are fair,
reasonable and necessary minimum fees, and will produce revenue at least sufficient to recover
actual costs or performing the services.
Section 26. Severability
That the provisions of this Ordinance are separable and if a section, phrase or provision
shall be declared invalid, such declaration shall not affect the validity of the remainder of this
Ordinance.
Section 27. Repeal of Conflicting Ordinances
That all ordinances or pats of other ordinances in conflict herewith are hereby repealed.
PASSED AND APPROVED THIS day of , 2024.
Mayor Rick Elumbaugh
Attest:
Denise Johnston, City Clerk
RESOLUTION #
A RESOLUTION AUTHORIZING THE SALE OF PROPERTY TO THE ARKANSAS
STATE HIGHWAY COMMISSION
WHEREAS, that the Arkansas Department of Transportation is in the process of widening
Highway 69 from its intersection with 394 through Moorefield; and
WHEREAS, that said widening necessitates that the city deed certain property to the State
Highway Department; and
WHEREAS, the City of Batesville finds that this project will help with economic growth in
Batesville and Moorefield; and
WHEREAS, the City of Batesville finds the amount of funds offered by the state for said
property and easement to be the fair market value.
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS
SECTION 1: That the City of Batesville hereby authorizes the Mayor to enter into the
Contract to Sell Real Estate which is attached hereto and incorporated herein by reference, in
exchange for payment of $1,875.00.
PASSED AND APPROVED this -th day of November, 2023.
Rick Elumbaugh, Mayor
ATTEST:
Denise Johnston, City Clerk
ARKANSAS DEPARTMENT OF TRANSPORTATION
7AROF
, ARDOT.gov I IDriveArkansas.com Lorie H. Tudor, RE., Director
KANSAS DEPARTMENT 10324 Interstate30 I P.O.BoxZZ61 Little Rock, AR 72203-2261
TRANSPORTATION Phone: 501.569.2000 1 Voice/TTY 7111 Fax: 501.569.2400
11 /21 /2023
Date
City of Batesville
500 E. Main Street # 100,
Batesville, AR 72501
Dear Property Owner(s):
Job 050420
Hwy. 394
Moorefield (S) Hwy. 69
Independence County
Tract 16
An acquisition agent for the Arkansas State Highway Commission has presented to you a
Contract to Sell offering to purchase the fee simple title to your property needed for highway
purposes. A description of the property needed is attached. The acquisition agent will contact
you within 10 business days for your response that should include all issues or concerns you may
have regarding the offer. It is anticipated that negotiations should be concluded within 30
calendar days from the date of the initial contact.
The offer of $1,875.00 is based on the opinion of a qualified real estate appraiser. The offered
amount is based on the market value concept and is broken down as follows: $1,875.00 as just
compensation for the realty to be acquired.
Should you elect to accept this offer, the State will determine if you can convey a merchantable
title, and if so, a property deed conveying the land to the Arkansas State Highway Commission
will be prepared and you will be paid the amount contained in the written offer.
If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects
to do so, a condemnation suit will be filed, and the amount that the Arkansas State Highway
Commission has determined to be estimated just compensation for your property will be
deposited into the Registry of the Circuit Court of Independence County. You may at this time
elect to accept the amount deposited as just compensation for your property. If you elect to do so,
the Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation,
and this amount will be paid to you thereby disposing of the condemnation suit.
Page 2
City of Batesville
If you do not elect to accept the amount deposited as estimated just compensation, then you may
withdraw the amount placed on deposit as estimated just compensation without prejudice to your
rights to claim additional compensation. In this event, you will be entitled to a trial by jury by the
Circuit Court of Independence County in which your lands are situated to determine just
compensation for your lands condemned.
In either event, payment of the estimated just compensation will be made available to you prior
to vacating your property.
Yours truly,
Kevin White
Division Head
Right of Way Division
KW-dm
JOB NAME: Hwy. 394 — Moorefield (S) Hwy. 69 JOB 050420
TRACT 016
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Batesville
Address: 500 E. Main Street # 100, Batesville, AR 72501
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned
does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas,
upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save
and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component
parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, situated in
the County of Independence, State of Arkansas, to wit:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southwest Quarter of Section 13, Township 13 North, Range 6 West,
Independence County, Arkansas being more particularly described as follows:
COMMENCING at a computed corner being used as Center Quarter Corner of said Section 13; thence South
01 °41'07" West, along the East line of the Northeast Quarter of the Southwest Quarter of said Section 13 a
distance of 162.65 feet to a point on the South right of way line of Arkansas State Highway 69 (Harrison Street)
as established by AHTD Job 5659 and the POINT OF BEGINNING; thence continue South 01 141'07" West, a
distance of 11.06 feet to a point on the South right of way line of Arkansas State Highway 69 (Harrison Street)
as established by ARDOT Job 050420; thence South 65156'l7" West, along said South right of way line a
distance of 115.85 feet to a point; thence North,12°06'20" East, a distance of 14.93 feet to a point on the South
right of way line of Arkansas State Highway 69 (Harrison Street) as established by AHTD Job 5659; thence
North 82'08' 16" East, along said South right of way line a distance of 18.12 feet to a point; thence North
65°50'25" East, along said South right of way line a distance of 48.36 feet to a point; thence North 62°21'36"
East, along said South right of way line a distance of 46.18 feet to the POINT OF BEGINNING and containing
0.02 acres (928 sq. ft.) more or less as shown on plans prepared by the ARDOT referenced as Job 050420.
DWB 05/25/22
® Uncontrolled Access
❑ Partially Controlled Access — Access break from Station
❑ Fully Controlled Access
❑ Fully Controlled Access with a frontage road
❑ Maintenance Agreement
to Station
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
PAYMENTDUE --- ---_------------------------------------------------------- —--------------------- $1,875.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney
will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments
conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Dated this day of
Signature
Signature
Signature Signature
ACKNOWLEDGMENT
STATE OF )
SS
COUNTY )
20
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public this day of , 20
MY COMMISSION EXPIRES:
NOTARY PUBLIC
W-9
Request for Taxpayer
Give Form to the
-orm
Identification Number and Certification
requester. Do not
Rev. October2018)
send to the IRS.
)apaAmerrt of the Treasury
Memel Revenue Service
► Go to wwwJrsgov/FormlN9 for instructions and the latest information.
t Name (as shown on your income tax return). Name is required on this line; do not leave this ine blank.
2 Business name/disregarded entity name, II different from above
t7
9 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
4 Exemptions (codes apply only to
at
Ca
following seven taxes.
certain entities, not individuals; see
instructions on page 3):
a
C
❑ IndMdualtsole proprietor or El Corporation El Corporation El Partnership ❑ TrusVestate
0
c
single member LLC
Exempt payee code (rf any)
0
❑Limited liability company. Enter the tax classification (C--C corporation, S=S corporation, P=Partnership) ►
p
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
is
LLC If the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
LLC
code (rf any)
L 5
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member that
IL U
Is disregarded from the owner should check the appropriate box for the tax classification of Its owner.
❑ Other (see i nstn ctions) ►
MA'" to «oaxm mwxsvao ouWdo sro u.$)
y
d
5 Address (number, street, and apt. or suite no.) See instructions.
Requesters name and address (optional)
m
6 City, state, and ZIP code
7 Ust account number(s) here (opticnai
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
Social
security
number
_FT
_
backup withholding. For individuals, this is generally your social security number (SSN). However, foractions
resident alien, sole proprietor, or disregarded entity, see the instrufor Part I, later. For other
;. a .,., e..,.,u ,— t,fa.aif,.flnr, n.,mnd fl If vni i rin not have a number. see How to cot a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and i Employer Identification number
Number To Give the Requester for guidelines on whose number to enter. 1 F-FI—FT
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am wafting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has noted me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Signature of
Here us. person ► Date ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/Forml
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
ideMification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (]TIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-Iv11SC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only If you are a U.S. person (including a resident
alien), to provide your correct TIN.
ff you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No.1023'X Form VV-`J (Rev.10-2018)
MORTGAGE AUTHORIZATION
This form must be completed and signed by the property owner(s), whether a mortgage exists or not.
Form must be filled out completely, signed and submitted to the
Right of Way Division/Administrative Section immediately following first contact.
Job#
Tract#
Property Owner:
Address:
Telephone #:
Mortgage Company
(if no Mtg. write NONE) -
Address:
Telephone #:
Loan #:
Contact Person:
Due to the construction of the above -mentioned project, it may be necessary to obtain a Release. The
mortgagor/property owner(s) is/are aware that some or all the proceeds from this transaction may be required to
be applied towards the principal balance of the mortgage.
By signing below, Mortgagor/Property Owner (whether one or more) is authorizing the Arkansas Department of
Transportation to enter into the process necessary to obtain a Release and furthermore authorizes lender to
release the information requested.
The following closing agent(s) have authorization to request information and/or documentation necessary to
obtain a release.
Closing Agent:
Phone#:
Must sign even if you do not have a Mortgage
Date:
Property Owner
Date:
Property Owner
Closing Agent:
Phone#:
Property Owner
Property Owner
Date:
Date:
ORDINANCE NO:
AN ORDINANCE DESIGNATING CITY OWNED PROPERTY CONTIGUOUS
TO POLK (AKA "POKE") BAYOU AS A CITY PARK, AND FOR OTHER
PURPOSES
WHEREAS, that the City Council wishes to expand recreational activities within
the City to promote the health and wellbeing of its citizens, as well as increasing economic
development through tourism; and
WHEREAS, that Polk (aka "Poke") Bayou's use for canoeing, fishing, and other
recreational activities has surged in the recent past, and continues to grow;
WHEREAS, to help make use of Polk Bayou more convenient, the City has teamed
up with the Arkansas Game and fish to construct boat ramps near the bridge at White Drive
as well as near the Golden Overpass at Broad Street;
WHEREAS, said ramps are being constructed on City owned property contiguous
to Polk Bayou;
WHEREAS, in order to foster said increased usage, it necessary for the city to be
able to regulate the property in order to promote safety and proper sanitary conditions, as
well as discourage vandalism and other criminal activity along the bayou;
WHEREAS, ordinances have already been established to regulate activities in City
Parks; and
WHEREAS, that the Council has therefore determined that City owned property
along Polk Bayou should be designated as a City Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BATESVILLE, ARKANSAS:
SECTION 1: That city owned property contiguous to Polk (also known as
"Poke") Bayou, including property upon and under city owned bridges, is hereby
designated as a Batesville City Park and subject to all Batesville ordinances regulating
City Parks.
SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 3: If any portion or portions of this ordinance are deemed or held to be
invalid, such invalidity shall not affect the remaining portions of this ordinance.
SECTION 4: EMERGENCY CLAUSE: That because littering, vandalism, and
criminal acts by certain individuals is currently occurring along the Polk Bayou, the need
for this act to be enforced is immediate. Therefore, it is further found that an emergency
exists and this ordinance being necessary for the preservation of the public peace, health
and safety shall take effect from and after its passage and approval.
PASSED AND APPROVED this day of , 2023.
Honorable Rick Elumbaugh, Mayor
ATTEST:
Denise M. Johnston, City Clerk
ORDINANCE NO:
AN ORDINANCE DESIGNATING CITY OWNED CEMETERIES AS CITY PARKS, AND
FOR OTHER PURPOSES
WHEREAS, that Oaklawn Cemetery and Pioneer Cemetery are operated and owned by the city
of Batesville, Arkansas;
WHEREAS, that these are cherished city memorials, with their intended use being to honor
loved ones and remember our shared history;
WHEREAS, littering, vandalism, criminal mischief, and other crimes have become an issue at
said cemeteries;
WHEREAS, ordinances have already been established regarding the use of city parks which
would help preserve these cemeteries' intended purposes; and
WHEREAS, that the Council has therefore determined that City owned property along Polk
Bayou should be designated as a City Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS:
SECTION 1: That Oaklawn Cemetery and Pioneer Cemetery owned property contiguous to
Polk (also known as "Poke") Bayou is hereby designated as a Batesville City Park and subject to all
Batesville ordinances regulating City Parks.
SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 3: If any portion or portions of this ordinance are deemed or held to be invalid,
such invalidity shall not affect the remaining portions of this ordinance.
SECTION 4: EMERGENCY CLAUSE: That because littering, criminal mischief,
vandalism, and criminal acts by certain individuals has been ongoing, the need for this act to be
enforced is immediate. Therefore, it is further found that an emergency exists and this ordinance being
necessary for the preservation of the public peace, health and safety shall take effect from and after its
passage and approval.
PASSED AND APPROVED this day of , 2023.
Honorable Rick Elumbaugh, Mayor
ATTEST:
Denise M. Johnston, City Clerk
ORDINANCE NO:
AN ORDINANCE TO AMEND THE ORDINANCE REGARDING CITY PARKS HOURS OF
OPERATION; AND FOR OTHER PURPOSES
WHEREAS, that the City of Batesville, in an effort to preserve public property and ensure the
safe usage of its parks; and
WHEREAS, the Council has determined this issue can be resolved by amending the city
ordinance regarding the park's hours of operations and the exceptions thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS:
SECTION 1: That Ordinance No. 2020-8-01, Sec. 1, codified as 12.12.06 is hereby amended
to read as follows:
Hours for Parks: All city parks shall be closed from 10:00 pm and reopened at 5:00 am
(Herein after referred to "Standard Hours of Operation".). That the Standard Hours of Operation shall
not apply to City sponsored or City approved events. That at the close of any City sponsored or City
approved events, participants shall have thirty minutes to vacate the parks. Said Parks hours shall also
not apply to the following activities: jogging, walking, boat ramp usage, and/or fishing. Appropriate
signage shall be placed on site to advise as to the time when the parks are opened and closed. That the
Mayor or his designee shall have authority to authorize usage of the parks during closed hours.
SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 3: If any portion or portions of this ordinance are deemed or held to be invalid,
such invalidity shall not affect the remaining portions of this ordinance.
SECTION 4: EMERGENCY CLAUSE: That because the abuse of the Parks by certain
individuals is ongoing the need for this act to be enforced is immediate. Therefore, it is her found
that an emergency exists and this ordinance being necessary for the preservation of the public peace,
health and safety shall take effect from and after its passage and approval.
PASSED AND APPROVED this dayof
, 2023.
ATTEST:
Denise M. Johnston, City Clerk
Honorable Rick Elumbaugh, Mayor