HomeMy WebLinkAbout2023-12-12-AGENDARick Elumbaugh, Mayor
Denise Johnston, Clerk
Timothy Meitzen, Attorney
A
HISTORIC
TREASI aF
'IS. OLDEST
AGENDA
CITY OF BATESVILLE
CITY COUNCIL
500 EAST MAIN
BATESVILLE, AR 72501
December 12, 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 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
B) Second reading of an ordinance designating city owned property contiguous to Polk
(AKA "Poke") Bayou as a city park
C) Second reading of an ordinance designating city owned cemeteries as city parks
D) Second reading of an ordinance to amend the ordinance regarding city park hours
8. NEW BUSINESS
A) Police Department Report
B) Engineer's Report
C) Fire Department Report
D) Consider an ordinance for a Microbrewery Restaurant Private Club permit for Serving
Others, Inc. d/b/a Polk and Paddle, Inc.
E) Consider a resolution to contract with Ecological Design Group and Taggert
Architects for the design and development of construction documents for Riverside
Park and associated projects.
F) Consider a resolution to contract with Kimley-Horn for the Development of a safe
streets and roads for all (SS4A) Safety Action Plan
G) Executive Session
H) Consider an ordinance providing for the adopting for the City of Batesville budget for
the twelve months beginning January 1, 2024.
1) Financial report
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 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
Section 3. New Meter Installation
Three (3) times Monthly Averages
New meter installation fees shall be as follows:
Meter Size
3/4
Rate (Same Inside or Outside City)
$1,400
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.
1" $1,750
2" $4,650
3" or larger Cost of labor, material, 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 3/4 "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. Said
bores shall comply with City Ordinance 2021-07 et seq. regarding Excavation of Streets and
Sidewalks (codified as 9.08).
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 20th 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 201h of the month
Notification of
$20.00
1 ST 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 or Bank Draft 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 or insufficient bank draft 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
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 (I") 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 Mln
2026 Min
2027 Min
2028 Min
314"- 518"
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 1st 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:
Meter Size
Outside City
2024 Min
Outside City
2025 Min
Outside City
2026 Min
Outside City
2027 Min
Outside City
2028 Min
314"- 518"
18.70
20.77
23.11
25.65
28.29
1"
46.48
51.62
57.43
63.75
70.31
2"
187.35
208.07
231.49
256.93
283.38
3"
449.36
499.06
555.23
616.25
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
8"
2,992.30
3,323.29
3,697.32
4,103.65
4,526.13
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 1 It 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 5.20
15.1 Water rates for all wholesale customers shall increase at a rate of four percent (4%)
on January 1st 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
One (1) 4.5-inch pumper knozzle
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 $500.00 per
tap up to 6" (inches). In a development of another developer who installed approved stub -outs, a
builder shall be charged a $150.00 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 (301h) 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. At the City's
discretion, it may require the customer to add at its own expense a subtraction meter or provide
for some other reasonable method in order to calculate the amount of water that does not go into
the sewer.
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
All Over 1,000 gal 6.27
Calculated by multiplying
Rate by Number of Thousands
Of Gallons Used
21.99
23.07
24.18
25.41
7.11
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 usage 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 Utilities Manager 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
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 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 #
AN ORDINANCE FOR A MICROBREWERY RESTAURANT
PRIVATE CLUB PERMIT FOR SERVING OTHERS, INC.
d/b/a POLK & PADDLE, INC.
TO BE LOCATED AT 146 N. 3rd STREET, BATESVILLE, ARKANSAS
WHEREAS, Serving Others, Inc., d/b/a Polk & Paddle, Inc., has applied for a
microbrewery restaurant private club permit to be located at 146 North 3rd Street,
Batesville, Arkansas for the purpose of conducting operations on such premises
consistent with Arkansas law including, but not limited to, operating a restaurant and
microbrewery; and
WHEREAS, Serving Others, Inc., d/b/a Polk & Paddle, Inc., desires to receive approval
from the City of Batesville, Arkansas for the same; and
WHEREAS, all applicable laws, rules and regulations have been complied with in
presenting this Ordinance to the City Council.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Batesville, Arkansas, that:
Serving Others, Inc., d/b/a Polk & Paddle, Inc.'s application for a private club
permit is hereby approved and it shall be and is entitled to apply to the Alcoholic
Beverage Control Division of Arkansas for a microbrewery restaurant private club permit
or license, to be located at 146 North 3rd Street, Batesville, Arkansas, and to conduct
operations on such premises consistent with Arkansas law including, but not limited to,
operating a restaurant and microbrewery. Serving Others, Inc., d/b/a Polk & Paddle, Inc.
will seek approval from Alcoholic Beverage Control Division of Arkansas for the
microbrewery restaurant private club permit within one (1) year from the date of the
approval of the ordinance by the City Council of the City of Batesville, Arkansas or the
authorization granted by the ordinance will expire.
PASSED AND APPROVED THIS DAY OF , 2023.
Rick Elumbaugh, Mayor
ATTEST:
Denise M. Johnston, City Clerk
RESOLUTION #
A RESOLUTION TO CONTRACT WITH ECOLOGICAL DESIGN GROUP AND
TAGGERT ARCHITECTS FOR THE DESIGN AND DEVELOPMENT OF
CONSTRUCTION DOCUMENTS FOR RIVERSIDE PARK AND ASSOCIATED
PROJECTS
WHEREAS, the City of Batesville desires to enter into a contract for design and development of
construction documents for Riverside Park and Associated Projects;
WHEREAS, EDG and Taggert Architects were selected through a Statement of Qualifications
process and were found to be the most qualified firms to provide these design services;
WHEREAS, the total amount of the contract will be 7% of the Guaranteed Maximum Price of the
Project, more or less, and will be paid from monies collected from the Half Cent Recreation Sales
Tax;
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS
SECTION 1: That the City of Batesville, Arkansas will enter into a contract for the Design and
Development of Construction Documents for Riverside Park and Associated Projects with EDG
and Taggert Architects.
SECTION 2: The total amount for the contract will be 7% of the Guaranteed Maximum Price of
the Project, more or less, and will be paid from monies collected from the Half Cent Recreation
Sales Tax.
SECTION 3: The Mayor, Rick Elumbaugh and City Clerk, Denise Johnston are hereby authorized
by the City Council for the City of Batesville to execute all documents necessary to effectuate the
agreement.
PASSED AND APPROVED this day of December, 2023.
Rick Elumbaugh, Mayor
ATTEST:
Denise Johnston, City Clerk
RESOLUTION #
A RESOLUTION TO CONTRACT WITH KIMLEY-HORN FOR THE
DEVELOPMENT OF A SAFE STREETS AND ROADS FOR ALL (SS4A) SAFETY
ACTION PLAN
WHEREAS, the City of Batesville desires to enter into a contract for the development of a Safe
Streets for All Safety Action Plan that will consider safety for all road users in the City of Batesville;
WHEREAS, Kimley-Horn was selected through a Statement of Qualifications process and were
found to be the most qualified firm to provide these design services;
WHEREAS, the total amount of the contract will be $255,000.00, more or less, and will be paid
from monies collected from the Federal Highway Administration SS4A Grant Program;
WHEREAS, the Federal Highway Administration SS4A Grant Program is an 80/20 Matching
Grant Program requiring the City of Batesville to be responsible for 20% of the contract amount;
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS
SECTION 1: That the City of Batesville, Arkansas will enter into a contract for the development of
a Safe Streets for All Safety Action Plan with Kimley-Horn.
SECTION 2: The total amount for the contract will be $255,000.00, more or less, and will be paid
from monies collected from the Federal Highway Administration SS4A Grant Program.
SECTION 3: The Federal Highway Administration SS4A Grant Program is an 80/20 Matching
Grant Program and the City of Batesville will pay 20% of the contract from funds allocated in the
2024 City of Batesville Operating Budget.
SECTION 3: The Mayor, Rick Elumbaugh and City Clerk, Denise Johnston are hereby authorized
by the City Council for the City of Batesville to execute all documents necessary to effectuate the
agreement.
PASSED AND APPROVED this day of December, 2023.
Rick Elumbaugh, Mayor
ATTEST:
Denise Johnston, City Clerk