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HomeMy WebLinkAboutOrdinance 270 ORDINANCE N0 , 270 . AN. ORDINANCE ENTITLED , " AN ORDINANCE TO MAINTAIN AND OPERATE THE FAYETTEVILLE WATER SYSTEM IN THE MANNER PROVIDED BY THE LAW . " Whereas , the City of Fayetteville is the owner of a Water Bystem with dts Pump Station situate on the West Fork of White River , and Whereas , there has been no water in the West Fork of White River for two months to maintain and operate said Water System , and Whereas , said City is in great and urgent need of an ample water supply , for all purposes, , and Whereas , it is the concensus of opinion that an Auxiliary Pump Station should tie established on Clear Creek and a pipe line built therefrom to connect with the present water system , to make more permanent and certain the water supply for the City , and Whereas , it is the bounden duty of the City Council to operate and maintain by commission or otherwise said original plant under Section 5675 of Kirby ' s Digest of the Statutes of Arkansas , and Whereas , the necessity of . an Auxiliary supply of water is urgent and pressing , and Whereas , the estimate cost of constructing a Pump Station and pipe line at and to Clear Creek is $33 , 064 . 66 , and Whereas , the City of Fayetteville has no fund with which to construct said auxiliary plant , and Whereas , the net revenues from water rental and a portion of the >in ral fund of the City must be anticipated for a period of about seven years order to buid an Auxiliary Plant to cost the sum of $339064 . 66 for the purpose of maintaining and operating a water system capabbe of supplying water for the inhabitants of said City , and Whereas , it will be necessary in addition to anticipating said revenues , to mortgage the auxiliar Plant , and to execute a second mortgage on the Original Plant and to ple e I evenues aforesaid , Therefore , ti hUCRORLMED DATE 4 � Gl Uanuul payment of said warrants and shall also pledge and pay out of water rentals , from the entire system as maintained and operated not less than $ 2800 . 00 annually , payable monthly at the rate of $235 . 00 , and so much of its general revenue as may be necessary to redeem said warrants at the zate of forty eight hundred ( 04800 . 00 ) dollars annually . Section 6 . Nothing in this ordinance shall be construed to conflict with or postpone any legal or equitable rights , which have or may accure to the present bond holders or to the securities •they hold . Section 7 . The contractor shall execute a good and sufficient bond to the State of Arkansas for the use and benefit of the City of Fayetteville , for the faithful and prompt performance of his contract in accordance with said plans and specifications . Section 8 . The said City of Fayetteville shall look only to the contract or ' s bond for the performance of the contract and any disagreement between the City and contractor shall It in no wise affect the validity of the warrants or security in the hands of the purchasers of said warrants and securities from said contractor . Section 9 . This ordinance shall take effect and be in force from and after its passage and approval and publication . Passed and approved this let . day of Nov . 1909 . APPROVED. MAYOR . ATTEST• CITY CLERK . J/0011 1 1 ( Published in Fayetteville Daily , Nov . 2nd , 1909 . )