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Home My WebLink About139-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 139-25 File Number: 2025-709 A RESOLUTION TO ALLOW THE EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO 2484 SOUTH DEAD HORSE MOUNTAIN ROAD, THE PROPERTY OF RYAN AND EMILY FOSTER, UNDER THE SAME CONDITIONS AS A CITIZEN OF FAYETTEVILLE COULD RECEIVE SUCH SEWER SERVICES FOR NEW CONSTRUCTION WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council," and; WHEREAS, the City Council does not wish to grant the owners/developers of property which is slightly outside the city limits any advantage over owners/developers who build and develop property within the City of Fayetteville; and WHEREAS, only if the Ryan Foster and Emily Foster, as owners of 2484 South Dead Horse Mountain Road, pay all impact fees (water, sewer, police, fire, and parkland) required of all persons who develop residential property within the City of Fayetteville, will the City Council permit Ryan and Emily Foster as the owners of 2484 South Dead Horse Mountain to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to allow Ryan and Emily Foster as owners of 2484 South Dead Horse Mountain Road access to the City's sewerage system and wastewater treatment facilities after they have fully paid impact fees for water, sewer, police, fire, and parkland and agreed to promptly begin annexation application procedures to bring their property into the City of Fayetteville's corporate limits. Attached as Exhibit A is the legal description for 2848 South Dead Horse Mountain Road for which access to the City's wastewater treatment facilities is being conditionally granted. PASSED and APPROVED on June 3, 2025 Approved: Attest: Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CivicClerk No.: 2025-709 AGENDA REQUEST FORM FOR: Council Meeting of June 3, 2025 FROM: Council Member Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO ALLOW THE EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO 2484 SOUTH DEAD HORSE MOUNTAIN ROAD, THE PROPERTY OF RYAN AND EMILY FOSTER, UNDER THE SAME CONDITIONS AS A CITIZEN OF FAYETTEVILE COULD RECEIVE SUCH SEWER SERVICES FOR NEW CONSTRUCTION APPROVED FOR AGENDA: Council Member Scott Berna Kit Williams N Approved as to form Mayor Molly Rawn Acknowledgement `' I 12c-z5- Date Date Date CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 3, 2025 TO: Mayor Rawn and City Council THRU: Kit Williams, City Attorney FROM: Scott Berna, City Council Member - Ward 3 Position 1 SUBJECT: CITY COUNCIL MEMO 2025-709 RECOMMENDATION: TO ALLOW THE EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO 2484 SOUTH DEAD HORSE MOUNTAIN ROAD. BACKGROUND: §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council." The City Council does not wish to grant the owners/developers of property which is slightly outside the city limits any advantage over owners/developers who build and develop property within the City of Fayetteville. DISCUSSION: Only if the Ryan Foster and Emily Foster, as owners of 2484 South Dead Horse Mountain Road, pay all impact fees (water, sewer, police, fire, and parkland) required of all persons who develop residential property within the City of Fayetteville, will the City Council permit Ryan and Emily Foster as the owners of 2484 South Dead Horse Mountain to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Agenda Request - Council Member Berna Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-709 A RESOLUTION TO ALLOW THE EXTENSION OF THE CITY'S SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO 2484 SOUTH DEAD HORSE MOUNTAIN ROAD, THE PROPERTY OF RYAN AND EMILY FOSTER, UNDER THE SAME CONDITIONS AS A CITIZEN OF FAYETTEVILLE COULD RECEIVE SUCH SEWER SERVICES FOR NEW CONSTRUCTION WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's sewerage system shall not be extended outside the city's corporate limits except on the express approval of the City Council," and; WHEREAS, the City Council does not wish to grant the owners/developers of property which is slightly outside the city limits any advantage over owners/developers who build and develop property within the City of Fayetteville; and WHEREAS, only if the Ryan Foster and Emily Foster, as owners of 2484 South Dead Horse Mountain Road, pay all impact fees (water, sewer, police, fire, and parkland) required of all persons who develop residential property within the City of Fayetteville, will the City Council permit Ryan and Emily Foster as the owners of 2484 South Dead Horse Mountain to utilize the City of Fayetteville sewerage system and its wastewater collection and treatment facilities. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to allow Ryan and Emily Foster as owners of 2484 South Dead Horse Mountain Road access to the City's sewerage system and wastewater treatment facilities after they have fully paid impact fees for water, sewer, police, fire, and parkland and agreed to promptly begin annexation application procedures to bring their property into the City of Fayetteville's corporate limits. Attached as Exhibit A is the legal description for 2848 South Dead Horse Mountain Road for which access to the City's wastewater treatment facilities is being conditionally granted. Page 1 Williams, Kit From: Williams, Kit Sent: Friday, May 16, 2025 11:47 AM To: Berna, Scott Cc: Nyander, Tim; Curth, Jonathan; Masters, Jessica Subject: extension of sewer service out of city limits to Fosters Attachments: scan.pdf Scott, Attached is my draft resolution to extend city sewer access outside the city limits to Ryan and Emily Foster under the same conditions that an inside the city limits builder would have to pay for impact fees. The staff might also seek building permit fees unless the Fosters already had to pay them. There also could be problems with issuing a certificate of occupancy if this house would not meet our building code requirements. I leave all those issues to Jonathan. If this resolution is satisfactory, please let me know so we can get it on the agenda for the June 3`d meeting. Kit Willia.n.is Fayetteville City Attort3.e�, 479-575-831.3 From: City_Attorney <city_attorney@fayetteville-ar.gov> Sent: Friday, May 16, 2025 11:36 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: