ORD NO 07-1981 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 7 -1981
0 AN ORDINANCE TO CONDUCT A STUDY TO DETERMINE THE QUALITY AND THE CHARACTER OF, AND THE
RATES FOR ALL WATER PUBLIC UTILITY WITHIN SAID CITY OF VAN BUREN, ARKANSAS, AND ALL
OTHER TERMS AND CONDITIONS UPON WHICH WA'T'ER PUBLIC UTILITIES MAY BE PER4I'1'1'ED TO OCCUPY
THE STREETS, HIGHWAYS, OR OTHER PUBLIC PLACES WITHIN THE MUNICIPALITY, AND PROVIDING
FOR NOTICE; PROVIDING FOR WRITTEN COMMENTS NEGOTIABILITY, VALIDITY CLAUSE, REPEALING
CLAUSE, AND DECLARING AN EMERGENCY.
WHEREAS, Section 19 -2319 of the Revised Statutes of Arkansas gave the Mayor and City
Council the power to contract on its own behalf and on behalf of the in-
habitants of such municipality water and other public utilities, and
WHEREAS, The same section of said Revised Statutes of Arkansas provided that this
right to contract did not affect the right to regulate the rates of all
utilities now operating in such municipalities and which have not contracted
with such municipality, and
WHEREAS, Section 73 -208 of the Revised Statutes of Arkansas gave the cities and towns
jurisdiction of cities and towns over utilities, which is concurrent and
original with that of the Public Service Commission, and
WHEREAS, Acts of Arkansas 1967 No. 234, as amended giving the Arkansas Public Service
Commission sole rate making power in case of electric, gas, telephone, or
sewer public utilities, did not take from the cities or towns their rate
making power in case of water, and
WHEREAS, The 64 -71 Water Company, Inc., is operating a water company in Van Buren,
Arkansas, without a contract with the City of Van Buren, Arkansas, and
WHEREAS, In order to provide fire protection to the people living in the area of
64 -71 Water Company, Inc., it is necessary to determine the quality and
character of and the rates for water service to be furnished or rendered by
the 64 -71 Water Company, Inc., or any other water company operating in said
City, and
WHEREAS, The City of Van Buren, Arkansas, enjoys a good rating with the Insurance
Service Offices of Arkansas, and
WHEREAS, The 64 -71 Water Company, Inc., is presently supplying fire protection services
to areas both within the City of Van Buren, Arkansas, and outside the city
limits of Van Buren, Arkansas, and
WHEREAS, A charge has not been established by the Arkansas Public Service Commission
for said fire protection services, and
WHEREAS, The Dewey Ray Sub Division was constructed in accordance with the Van Buren
Sub Division Ordinance, which calls for fire protection services, and
WHEREAS, The 64 -71 Water Company, Inc., with full knowledge of said Sub Division
Ordinance sued to get said Dewey Ray Sub Division Water Distribution System
into the 64 -71 Water Company, Inc., system, and
WHEREAS, The 64 -71 Water Company, Inc., did not question the validity of the Van Buren
Sub Division Ordinance in said suit, and
WHEREAS, Dewey Ray has paid for the construction of said Dewey Ray Sub Division im-
provements which included fire protection service which by court order must
be turned over to said 64 -71 Water Company, Inc., and
WHEREAS, They have indicated that they will not furnish said fire protection services
until the City has entered into a contract with the 64 -71 Water Company, Inc.,
and
WHEREAS, A municipal corporation has only those powers expressly conferred by the
Legislature and those necessarily or fairly implied as incident to or
essential for the attainment of purposes expressly declared, and
WHEREAS, Both the Federal and State Constitutions provide that no citizen be deprived
of life, liberty or property, without due process of law.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
1. Pursuant to the provisions of Arkansas Stats. Ann. 73 -208a, the City of Van Buren
will conduct a study to determine the quality and the character of, and the rates
for, all water public utility within said City of Van Buren, Arkansas, and all
other terms and conditions upon which water public utilities may be permitted to
occupy the streets, highways, or other public places within the municipality.
2. Pursuant to the provisions of Arkansas Stats. Ann. 73 -208b, such study will determine
the need to require of any water public utility such additions and extensions to its
physical plant within said municipality as shall be reasonable and necessary in the
interest of the public, and to designate the location and nature of all such additions
and extensions, the time within which they must be completed and all conditions under
which they be constructed.
3. That such a study is an integral part of the regulatory process.
4. That a notice shall be placed in the legal newspaper, notifying the affected water
public utility and their customers that such a study is being made and inviting their
written continents from said affected water public utility and their customers. Pro-
vided further, if a public hearing is conducted by said City of Van Buren, Arkansas,
notice of said public hearing shall be placed in the legal newspaper.
5. All written comments and other papers shall be filed with the City Clerk of Van Buren,
Arkansas, and should comply with the following form and size:
a. All documents, whenever practical, shall be printed, typewritten, or re-
produced on one side of the page only, and double spaced, with a normal
margin in correct form on paper 81/2 X 14 inches in size. Exhibits and other
submitted documents requiring a larger sheet should, if possible, be folded
to the same size. All copies should be clear and legible.
b. Written comments and exhibits shall show the ven ue as City of Van Buren,
Arkansas, and the title shall be "Water Study
c. Said written continents shall be signed by the party, and verified.
d. Unless otherwise requested by the City, there shall be filed by the City Clerk,
the original and eight copies of each written comment or exhibit, plus, an
additional copy for viewing by the public. In the case of continents by private
citizens or officials of the City of Van Buren, an additional copy will be
filed for the affected public utility.
e. The Clerk shall send a filed copy of written comments, filed by private in-
dividuals or officers if the City of Van Buren, Arkansas, to the affected
public utility company by mail with said service being noted on the original
copy.
6. A copy of this Ordinance will be sent to the affected Water Public Utility by
Certified mail, return reciept requested.
7. Nothing in this Ordinance shall affect the right of the City of Van Buren to
negotiate a contract with any water public utility furnishing water in the City
of Van Buren, Arkansas.
8. Should any section or provisions of this Ordinance be declared by the court or
courts to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole or any part thereof, other than the part
so declared to be unconstitutional or invalid.
9. All Ordinances or parts of Ordinances in conflict with this Ordinance or any
part of this Ordinance are hereby specifically repealed.
10. This Ordinance being necessary to determine the quality and the character of
and the rates for all water public utilities within the City of Van Buren,
Arkansas. An emergency is therefore declared, and this Ordinance being
necessary for the preservation of the public peace, health, and safety shall
be in full force and effect from and after its passage.
PASSED AND APPROVED THIS 16th DAY OF March 19 81
A r
MAYOR
ATPESTED:
_z. 1 ijrIJ LL
CLERK-T'S URER
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