Ordinance_10-18-12

AN ORDINANCE SPECIFICALLY REPEALING ORDINANCE NO. 05- 15-2008C WHICH AMENDED TITLE 10, CHAPTER 10.08, SECTION 10.08.01 OF THE ELKINS' MUNICIPAL CODE CONCERNING UTILITY SERVICE BEYOND CITY LIMITS, AND DECLARING AN EMERGENCY TO EXIST.

WHEREAS, Ordinance No. 09-16-99A prohibited provision of city utility services to property and structures beyond city limits.

WHEREAS, the Elkins' Water and Sewer Committee recommended to the City Council that the Council should consider extending city utility services beyond city limits in certain situations and the City Council adopted Ordinance No. 05 -1 5-2008C.

WHEREAS, the City Council believes extending City services beyond the boundaries of the City in addition to creating a greater threat to the integrity of the system, also creates a burden on City employees and staff as regards having to check on those connections periodically to ensure compliance with City codes.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKINS, ARKANSAS; That:

Section 1: Ordinance 05-15-2008C is hereby repealed.

Section 2: That all other ordinances, laws and existing contractual obligations of the City of Elkins relating to the provision of water and sewer services shall not be invalidated hereby.

Section 3: In order to protect the existing water service to all residents of Elkins, the Water and Sewer Committee needs to adequately police all connections to City utilities with current staff. Therefore, the City Council hereby declares that in order to ensure the health, safety and welfare of the City's residents and all users of City water or sewer services, an emergency is hereby declared and this ordinance shall be in full force and effect immediately upon passage and approval.

PASSED AND APPROVED this 18th day of Ocuober, 2012.