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ORD NO 11-1981 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. -1981 AN ORDINANCE REPEALING THE FOLLOWING SENTENCE IN SECTION 1 OF ORDINANCE NO. 17 -1972 "NO SEWER SERVICE SHALL BE MADE AVAILABLE TO ANYONE WHO IS NOT A CITY WATER CUSTOMER. TO PROVIDE THAT CUTTING OFF WATER SERVICE TO CUSTOMERS NOT PAYING THEIR SEWER BILL WILL BE A PART OF ANY AGREEMENT OR REGULATORY AUTHORITY TAKEN BY THE CITY OF VAN BUREN, ARKANSAS, UNDER ORDINANCE NO. 1981, REPEALING CONFLICTING ORDINANCE VALIDITY CLAUSE, AND DECLARING AN EMERGENCY. WHEREAS, Even though no court has declared that part of Ordinance No. 17 -1972, that provided "no sewer service shall be made available to anyone who is not a city water customer invalid, we have a duty to provide sewer service to those persons who have or will form a sub division or who can pay for sewer lines to their area, and WHEREAS, Those companies that furnish water which goes into our sewer system and their customers should be subject to the same rules that the Van Buren Water and Sewer Department and their customers are subject to, ie: the cutting off of water service to those persons not paying their sewer charges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1. THAT the following sentence of Section 1 of Ordinance No. 17 -1972, is hereby repealed: "No sewer service shall be made available to anyone who is not a city water customer The remainder of Section 1 of Ordinance No. 17 -1972, shall be and remains in full force and effect. SECTION 2. THAT the City of Van Buren retain the authority to control what goes into the Van Buren Water and Sewer Commission's sewer system and thus, any agreement between or regulation adopted pursuant to Ordinance No. 7 1981, with Water Public Utility Companies, shall provide for the cutting off of water service for non payment of sewer charge. SECTION 3. THAT a copy of this Ordinance shall be sent to the affected Water Public Utility by certified mail, return receipt requested. SECTION 4. THAT should any section or provisions of this Ordinance be declared by the court or courts to be uncon- stitutional 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. Q SECTION 5. THAT all ordinances or parts of ordinances in conflict with this ordinance or any part of this ordinance are hereby specifically repealed. SECTION 6. THAT this ordinance being necessary to make sewer service available to the people of Van Buren, Arkansas, and to provide for collection of sewer service charges, 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. 0 La PASSED AND APPROVED THIS leth DAY OF 19 81 by.A7? MAYOR ATTESTED: dir 1�.�L CI CLERK- R `SURER 0