HomeMy WebLinkAbout145-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 145-25
File Number: 2025-765
A RESOLUTION TO APPROVE A SERVICE AGREEMENT BETWEEN THE WASHINGTON WATER
AUTHORITY AND THE CITY OF FAYETTEVILLE FOR A WATER SERVICE BOUNDARY
ADJUSTMENT
WHEREAS, in January 2025, the Utilities Department received a request to consider a water boundary adjustment
between the City and Washington Water Authority (WWA) in the proposed Walnut Springs Subdivision in Greenland;
and
WHEREAS, a portion of this proposed subdivision is currently served by WWA and if permitted, WWA would
provide water services to the entire project area; and
WHEREAS, WWA respects and understands the value of a water service district and seeks to limit any possible
encroachment into Fayetteville's water service district; and
WHEREAS, if the City extended their existing water mains to serve the portion of this proposed subdivision which is
currently within Fayetteville's water service district, the elevation of the property would only allow approximately 20
psi of water pressure which is the Arkansas Department of Health's minimum standard; and
WHEREAS, the City's desired and standard specification for the installation of water & sewer mains require a
minimum of 45 psi at the meter, so a booster station would have to be installed by the developer which would be
maintained in perpetuity by the City; and
WHEREAS, the developer was informed that if water service from another water provider is to be permitted, the
desired water provider (WWA) must initiate the process to propose a formal water service boundary adjustment to the
City; and
WHEREAS, the Washington Water Authority has sufficient water main infrastructure to serve this area more
efficiently than the City of Fayetteville could and has approved a Water Service Agreement with the City to ensure
efficient operation our Fayetteville's sewer service for this area.
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 approves and authorizes Mayor Rawn to
sign the Service Agreement between the City of Fayetteville and the Washington Water Authority for a water service
boundary adjustment, a copy of which is attached hereto.
Page 1
Resolution: 145-25
File Number: 2025-765
PASSED and APPROVED on June 17, 2025
Approved:
Molly Rawn, Mayor
Attest:
FAYETT_N;LL;�-
%,5,•. k�NS�' J[���J
�o NCTON GO ���
Kara Paxton, City Clerk Treasurer
Page 2
SERVICE AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS
AND
THE WASHINGTON WATER AUTHORITY
g s�
This agreement made and entered into this day — t of June 2025, by the City of Fayetteville,
Arkansas, hereafter designated as the City, and the Washington Water Authority hereinafter
designated as the Authority.
Whereas, the City and Authority have this date mutually agreed that the Authority should provide
usage information for the Authority's water customers utilizing the City's sewage system and the
City shall provide sewer services to customers properly paying for these services pursuant to the
terms and conditions established by this agreement.
I. Authority Duties:
a. Preparation of Usage Reports
i. The Authority shall prepare reports of monthly water usage for
Authority water customers who utilize the City's sewage system.
ii. The Authority shall transmit such reports to the City between the
15" and 20" day of every month for the prior month's water usage.
b. When properly notified of customers who have failed to pay their sewage usage
fees to the City pursuant to A.C.A. § 14-229-103, the Authority shall promptly
disconnect water service to such customers until the City confirms that such
sewage usage fees have been paid.
II. City Duties:
a. The City shall provide the Authority with a list of those Authority water
customers utilizing City's sewer system and shall update said Iist on a
regular basis.
b. The City shall be responsible for billing customers for sewage usage and for
the collection of sewage use charges, based on the water usage reports
providcd by the Authority, and shall additionally be responsible for all
delinquent sewer account collection phone calls and/or mailings.
c. In accordance with A.C.A. § 14-229-103, the City may notify the Authority
of sewer customers who have failed to timely pay their full sewage usage
fees to the City.
d. With regard to any delinquent sewer system customer, the City shall certify
to the Authority that the specified customer is more than 30 days delinquent
in making payment for sewer services, and has been sent notice of
termination of water service should said account not be paid.
e. The City shall be responsible for sending termination notices to delinquent
sewer customers.
III. Agreement Approval and Termination:
a. This agreement is subject to approval of by the City Council for the City of
Fayetteville, Arkansas and the Washington Water Authority Board of
Directors.
b. The term of this agreement shall be for a period of a year expiring on June
30, 2026. It shall automatically renew each year thereafter for one (1)
additional calendar year unless on or before 90 days prior to the expiration
of the current term either party shall give the other party written notice of
that party's termination of the Agreement at the end of the current term.
c. This agreement may be reviewed and modified for cost and performance
items at the end of the first year period and at each one (1) year period
thereafter.
d. If for any cause, the Authority or City shall fail to fulfill in a proper and
timely manner its obligations under this agreement, the other party shall
have the right to terminate this agreement by giving written notice of such
termination and specifying the effective date thereof, at least 60 days prior
to the effective termination date.
In agreement with all the terms and duties of this Service Agreement and after proper authority
has been given by each governing body to its executive officer, we sign below.
For the CITY:
Fayetteville, Arkansas
By:
Molly Rawn, Mayor
Date: June 17, 2025
ATTEST:
f/��� �G:•�LTY O S z_
T .•G
IAYCI ICL"��-_.
nNs J2..`
Kara Paxton, City Clerk/Treasurer
For the AUTHORITY:
Washington Water Authority
By0aYAl'onzo,
lExecutive Director
Date: O�1 "�1�25
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 17, 2025
CITY COUNCIL MEMO
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: Washington Water Authority - Water Service Boundary Adjustment
RECOMMENDATION:
2025-765
Staff recommends approval of a service agreement for a water service boundary adjustment between the City
of Fayetteville and Washington Water Authority in the proposed Walnut Springs Subdivision in Greenland,
Arkansas.
BACKGROUND:
In January, the Utilities Department received a request to consider a water boundary adjustment between the
City of Fayetteville and the Washington Water Authority (WWA). It is with the Walnut Springs Subdivision
Project in Greenland. A portion of this proposed subdivision is currently served by WWA. If permitted, WWA
would provide water services to the entire project area. Washington Water Authority respects and understands
the value of territory and expansion equally and seek to never encroach in Fayetteville's area.
If the City of Fayetteville extended their existing water lines to serve this proposed subdivision, the elevation of
the property would only allow approximately 20 psi of water pressure, which is the Arkansas Department of
Health's minimum standard. However, the City's Standard Specification for the Installation of Water & Sewer
Lines require a minimum of 45 psi at the meter. In this case, a booster station would have to be installed by the
developer, which would be maintained in perpetuity by the City of Fayetteville.
DISCUSSION:
City staff reviewed this request and determined it to be viable. The developer was informed that if water service
from another water provider is to be permitted, the desired water provider (Washington Water Authority) must
initiate the process to propose a formal water service boundary adjustment to the City of Fayetteville,
specifically:
• Cover letter from water provider explaining the proposed changes, and justification.
• A professionally drafted legal description and exhibits of the proposed changes.
• Boundary must be continuous and not create "islands" inside Fayetteville Boundary.
• Boundary must avoid meandering, striving to follow existing parcel lines.
• Topography should be considered, as it relates to pressures.
• Changes to the boundary must focus on larger areas and impacts, not just a single property or
customer, as adjustments should be very infrequent in nature.
After staff review, this formal request was presented to the City's Water/Sewer Committee on April 8th, 2025.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
After thoroughly discussing this request, the Committee unanimously supported the boundary adjustment.
The attached service agreement outlines the duties of WWA to be followed in accordance with City of
Fayetteville policies and procedures. Staff recommends approval of and the Mayor's signature on the service
agreement with WWA.
BUDGET/STAFF IMPACT:
None.
ATTACHMENTS: 3. Staff Review Form, 4. Agreement, 5. WWA Resolution with Exhibits
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 #: 2025-765
A RESOLUTION TO APPROVE A SERVICE AGREEMENT BETWEEN THE WASHINGTON
WATER AUTHORITY AND THE CITY OF FAYETTEVILLE FOR A WATER SERVICE
BOUNDARY ADJUSTMENT
WHEREAS, in January 2025, the Utilities Department received a request to consider a water boundary
adjustment between the City and Washington Water Authority (WWA) in the proposed Walnut Springs
Subdivision in Greenland; and
WHEREAS, a portion of this proposed subdivision is currently served by WWA and if permitted,
WWA would provide water services to the entire project area; and
WHEREAS, WWA respects and understands the value of a water service district and seeks to limit any
possible encroachment into Fayetteville's water service district; and
WHEREAS, if the City extended their existing water mains to serve the portion of this proposed
subdivision which is currently within Fayetteville's water service district, the elevation of the property
would only allow approximately 20 psi of water pressure which is the Arkansas Department of Health's
minimum standard; and
WHEREAS, the City's desired and standard specification for the installation of water & sewer mains
require a minimum of 45 psi at the meter, so a booster station would have to be installed by the
developer which would be maintained in perpetuity by the City; and
WHEREAS, the developer was informed that if water service from another water provider is to be
permitted, the desired water provider (WWA) must initiate the process to propose a formal water service
boundary adjustment to the City; and
WHEREAS, the Washington Water Authority has sufficient water main infrastructure to serve this area
more efficiently than the City of Fayetteville could and has approved a Water Service Agreement with
the City to ensure efficient operation our Fayetteville's sewer service for this area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes
Mayor Rawn to sign the Service Agreement between the City of Fayetteville and the Washington Water
Authority for a water service boundary adjustment, a copy of which is attached hereto.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2025-765
Item ID
6/17/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/27/2025 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a service agreement for a water service boundary adjustment between the City of
Fayetteville and Washington Water Authority in the proposed Walnut Springs Subdivision in Greenland, Arkansas.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
RESOLUTION
Whereas, there are certain lands in Wahington County, Arkansas, described with more
particularity on Exhibit A, attached hereto and hereby incorporated by reference (`New
Territory"), which are currently served by the City of Fayetteville ("Fayetteville"), and located
within Fayetteville's water service boundary;
Whereas, Washington Water Authority (`Authority") desires to accept said New Territory
into the Authority's service boundary, provide potable water services to the said New Territory, and
to amend the water service boundary between the Authority and the Fayetteville accordingly, as
shown on Exhibit B, attached hereto and hereby incorporated by reference; and
Now, Therefore, be it resolved that the Authority hereby:
(1) accepts said New Territory into its water service boundary;
(2) agrees to provide potable water services to all customers within said New Territory;
(3) agrees to amend the water service boundary between the Authority and
Fayetteville accordingly; and
(4) agrees to enter into a water services agreement between the Authority and
Fayetteville, on terms agreeable to both parties.
Be it further resolved that the Authority acknowledges and understands that this
Resolution shall not be effective until and shall be contingent on Fayetteville's passage of a similar
resolution to the same effect, and the execution of a water service agreement executed by both
parties, on terms agreeable to the same.
Be it further resolved, that the Authority hereby authorizes Sarah Alonzo, Executive
Director of the Washington Water Authority take any and all actions that might be deemed
necessary and appropriate to effectuate the aforementioned actions, including, but not limited to,
execution of the aforementioned water services agreement.
This resolution was adopted at a duly convened meeting of the Board of Directors of the
Authority.
Dated:
EXHIBIT
A
LEGAL DESCRIPTION OF NEW TERRITORY
PART OF THE W 1/2 OF THE SE 1/4 AND PART OF THE SE 1/4 OF THE SE 1/4 OF
SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID
SECTION 8;
THENCE ALONG THE NORTH LINE THEREOF S87011'24"E 642.47 FEET;
THENCE LEAVING SAID NORTH LINE S02045'41 "W 775.69 FEET;
THENCE S87014'19"E 666.67 FEET;
THENCE S02°41'21 "W 543.55 FEET TO THE NORTHWEST CORNER OF THE SE 1/4 OF
THE SE 1/4 OF SAID SECTION 8;
THENCE ALONG THE NORTH LINE THEREOF S87006'58"E 396.74 FEET;
THENCE LEAVING SAID NORTH LINE S02042'27"W 1318.17 FEET TO THE SOUTH LINE
OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 8;
THENCE ALONG SAID SOUTH LINE N87010'07"W 391.69 FEET TO THE SOUTHEAST
CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 8;
THENCE ALONG THE SOUTH LINE THEREOF N87011'53"W 1320.63 FEET TO THE
SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 8;
THENCE ALONG THE WEST LINE THEREOF NO2°52' 18"E 1318.73 FEET TO THE
SOUTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 8;
THENCE ALONG THE WEST LINE THEREOF NO2°50'50"E 1318.67 FEET TO THE POINT
OF BEGINNING, CONTAINING 79.57 ACRES, MORE OR LESS.
0
EXHIBIT ^vz!"
P.O.B. GRAPHIC SCALE IN FEET
NW CORNER W NAPIER DR
NW 1/4 SE 1/4 S8711'24"E 642.47'
SECTION 8 4 0 0' 0
T-15-N R-30-W
0)
h �
co Lo
M 'V-
O
�n
S8714'19"E 666.67'
z
M
NW CORNER
SW CORNER SE 1/4 SE 1/4
NW 1/4 SE 1/4 SECTION 8 N
SECTION 8 T-15-N R-30-W N /-S87'06'58"E 396.74'
T-15-N R-30-W - - , _NW 1/4SE 1/4 SEC 8 \ �
SW 1/4 _ SE 1/4 SEC 8
m W
BEST CHOICE HOLDINGS LLC
- DEED 2023-00011240
0 \ \
U m
2
Z M
U I
o r-
N !`
m N�
O
O
a
Q SW CORNER SE CORNER f
SW1/4SE1/4 SECTION 8 SW1/4SE1/4
N
v
T-15-N R-30-W SECTION 8
T-15-N R-30-W \
0
N
N8711'53'W 1320.63'
N8710'07'W 391.69,
}
w
2
0
U
Z
PROJECT NO.:
Z 901 N. 47th St, Suite 40D
w NOTE: 23109900 Rogers, Arkansas 72756
} THIS SERVICE BOUNDARY EXHIBIT IS A GRAPHICAL DRAWN BY: DATE:
o REPRESENTATION OF THE SERVICE BOUNDARY DESCRIPTION, 10/25/2024 '' C ra f t o n Tull
K AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. o
(2 SHEET: CHECKED:
a. 479.636.4838 t
1 OF 1 www.craftontull.com
EXHIBIT
B
I I , j i f I .,- 17 "-
EXIS-fING SERVICE
,BOUNDARY
0
► 0
PROPOSED
SERVICE
,BOUNDARY
AREA TO BE
REMOVED FROM
FAYETTEVILLE
SERVICE BOUNDARY
AND ADDED TO
WASHINGTON k/`kfAT1=P
0 0.1 0.2 0.4 mi
The data contained herein was compiled from various sources for the sole
1 '-8" Diant. 14-48" Djam. use and benefit Of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
V-20" Diam. 2" - 8" this data, the user does hereby agree to Indemnify the City of Fayetteville
and hod the City of Fayetteville harmless
from apd,willn,ut liability for any
claims,actions, cost for damages of any nature, including the aty's cost of
Other/Unknown 0 Exhibit defense, easserted by user or by another a"
he use of this data.
Sewer Lift Station The City of Fayetteville makes no express or frorimplied —ant as with
reference to the data. No word, phrase, or clause found herein shall be
Sewer Service Line 0 Sewer Fitting Fayetteville, AR construed to waive that tort immunity set forth underArkansaslaw,
Created: IM2J2024
2-6" Diann. Credits City of Fayetteville, AR, 2024 Imagery I EagleView Technologies I
Surd.. Corporation
Map Author: