HomeMy WebLinkAboutOrdinance 1332 BUGK- , 585 PAUE442
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ORDINANCE N0 . /d1 LC1'C -LL
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£N GP. DII`'_"-_i\:CE AUTHORIZING A CONTRACT BY AND
BETWEEN THE CITY AND BEAVER WATER DISTRICT
OF BENTON AND ??ASHINGTON COUNTIES , ARKANSAS
IN SUBSTANTIALLY THE FORM AND WITH SUB -
STANTIALLY THE CONTENTS SET FORTH IN AND
MADE A PART OF THIS ORDINANCE ; AUTHORIZING
THE EXECUTION AND DELIVERY OF SAID CONTRACT ;
PRESCRIBING OTHER MATTERS RELATING THERETO ;
AND DECLARING AN EMERGENCY ,
BE IT ORDAINED by the City Council of the City of
Fayetteville . Arkansas :
Section 1 . That there be , and there ' is hereby , authorized
the e--: scutior_ and delivery of a Contract by and between the ' CITY OF
FAYETTEVIL E* ARKANSAS (hereincalled the "City ") and BEAVER
?::=__�:< DISTRICT OF BENTON AND WASHINGTON COUNTIES , ARKANSAS , in
substantially the form, and with substantially the contents here -
after set forth , and the Mayor and City Clerk be , and they are
hereby , authorized to execute , acknowledge and deliver said Contract
for and on behalf of the City . The form and contents of the said
Contract , which are hereby approved and which are made a part
hereof , shall be substantially as follows :
R
9 192 8
soak 585 PAGE 443
y
C O N T R A C T
THIS CONTRACT entered into by and between the CITY OF
FAJETTEVILLE9 ARKANSAS (hereinafter called "City") , acting by and
through its Mayor and City Clerk , duly authorized so to act , and
BEAVER WATER DISTRICT (hereinafter called "District ") , a duly
organized and existing regional water distribution district under
the laws of Arkansas consisting of Benton and Washington Counties ,
Arkansas , acting by and through its Board of Directors , duly
authorized so to act ,
W I T N E S S E T H :
WHEREAS the District has entered into a firm contract
with the United States Corps of Engineers for the inclusion of
35 , 000 , 000 gallons per day of industrial and domestic water storage
in Beaver Dam Reservoir ; and
WHEREAS in order to insure its financial ability to
discharge its obligations under said contract with the Corps of
Engineers , the District proposes to enter into similar contracts
with the Cities of Springdale , Fayetteville , Rogers and Bentonville ,
which in the aggregate will call for sufficient revenues to permit
the District to discharge its contractual obligations with the
Corps of Engineers ;
NOW , THEREFORE , in consideration of the mutual covenants
and obligations herein set forth , and for other valuable considera-
tions , the receipt of which is hereby acknowledged , the City and
the District AGREE as follows :
1 . The City agrees to pay to the District , solely from
revenues derived from the operation of the City ' s Waterworks System ,
i
Nox 585 PAGE444
Page 2
the sum of $ 800000 per annum for a period of • fifty years , with
the first annual payment to commence on the date the United States
Corps of Engineers notifies the District in writing that said
359000 , 000
gallons of domestic and industrial water are stored in
the Beaver Dam Reservoir and are ready for . use .
2 . The District will deliver good title to the City
to 110000 ,000 gallons per day of said 35 , 000 , 000 gallons per day
water storage , and title to said water storage rights shall continue
a
in the City .
3 . In the event an additional 85 , 000 , 000 gallons per
Iday of industrial and domestic water are included and stored in
the Beaver Dam Reservoir ( that is , in addition to the 35 , 000 , 000
i
gallons per day above referred to ) , the City shall have the right
to purchase from the District additional gallonage per day of
water storage rights up to the amount of > gallons per day
of said additional 85 , 000 , 000 gallons per day of water storage for
a proportionately increased annual payment .
4 . It is understood and agreed that the pledge of
waterworks revenues made by the City in this . Contract is and shall
be construed to be subordinate and inferior to the pledges of
waterworks revenues to all Waterworks Bonds of the City heretofore
issued and outstanding as of the date hereof, subordinate and
inferior to all other contractual obligations of the City in con=
nection with or in any wise pertaining to Beaver Water District
and the providing of revenues to Beaver Water District for opera =
tion , maintenance and depreciation of the District ' s properties
and facilities and for paying the principal of, interest on and
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f
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BOOK 585 PA66445
Page 3
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Paying Agent ' s fees in connection with any bonds of the District ,
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and shall be subordinate and inferior to any such pledges of water-
l' works revenues to any Waterworks Bonds that may be issued in the
I ,
future by the City and subordinate and inferior to any such con-
i '
tractual obligations of the City in favor of the District entered
into in the future in connection with future expansion and future
bond issues of the District ,
I
5 . The City covenants and agrees that it will impose
and collect rates for water that will produce sufficient revenues ,
together with any other utility revenues from municipally owned
utilities that may be lawfully used and are actually available ,
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to pay the reasonable expenses of operation , maintenance , repair
and depreciation of the City ' s waterworks , to make all principal
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and interest payments and make all future deposits required in
connection with all bonds and contract obligations of the City to
which City waterworks revenues are pledged outstanding at any time
1 during the life of this Contract , and to make the payments called
for in this Contract when due , and that the City will raise said
rates from time to time when and to the extent necessary to fully
i
provide for all said above set forth purposes ,
6 . This Contract is executed and delivered and shall
be effective in lieu of a Contract between the City and the District
dated February 8 , 1960 , and it is understood and agreed that by
the execution and delivery of this Contract it , shall be construed
to have been in full force and effect since February 8 , 1960 , and
BOOK 565 f-Ast446
Page 4
that said February 8 , 1960 Contract be , and the same is hereby ,
i cancelled and terminated .
Dated this day of 196 .
CITY OF FAYETTEVIUZO ARKANSAS
By. yor
Mayor
ATTEST :
Ci erk
(SEAL) BEAVER WATER DISTRICT
By
i
Directors
(SEAL)
BOOK 585 PAGt 447
6
Section 2 . That the Mayor and City Clerk be , and
they are hereby , authorized and directed for and on behalf of the
City to do all things , execute all instruments and otherwise
take all action necessary to the realization of the City ' s rights
and to the discharge of the City ' s obligations under said Contract .
Section 3 . That the provisions of this ordinance are
hereby declared to be separable and if any section , phrase or
provision shall , for any reason , be declared to be invalid , such
declaration shall not affect the validity of the remainder of the
sections , phrases or provisions .
Section 4 . That all ordinances and parts of ordinances
in confl `ct herewith are hereby repealed to the extent of such con-
flict .
Section 5 . T'nLc there is hereby found and declared to
be an immediate reed for the securing of . an adequate water supply
for the City in order to insure the adequate protection of the
public health , safety and welfare of the City and its inhabitants ,
and the execution and delivery of the Contract approved by this
ordinance is essential therefor . It is , therefore , declared that
an emergency exists and this ordinance being necessary for the
immediate preservation of the public health , safety and welfare
shall be in force and take effect immediately upon and after its
passage .
PASSED : r
j
APPROVED :
MaycVr
icy Clerk
(SEAL)
C E R T I F I C A T E
The undersigned , City Clerk of Fayetteville . Arkansas ,
hereby certifies that the foregoing pages numbered 1 to b ,
inclusive , are a true and compared copy of an ordinance passed
at a session of the City Council. of
Fayetteville, Arkansas , held at the regular meeting place of the
Council in said City at Z-41M90. otclock 14L"l m , on thele—`—`
day of19G and that said ordinance is of
record in Ordinance Record Book � page now in my
possession ,
Given under my hand and seal this day of
1962 ,
(SEAL) ity Clerk
CERTIFICATE OF RECORD
STATE OF ARKANSAS )
Washinetcn Coynty r 5s.
I, Lloyd McConnell, Circuit Clerk and Ex-Ocfi•io Ric^rder for
Wash!ngon County, do hereby certify that the annex +d orfare.go-in instrument Was filed for record in my office on .he /7
/dr'e
�/�1��/+/3aK�Zo'ciockPl!M , and tha samo is
corded in . . , . . , , , reccrd . .aPs f. atpage1955 my hand and seal this . /Xday of 1y1e
. • t G. and .
Ex• ffieo Kecodar
r- STATE of ARKANSAS •'
- County of Washingto(/n"�� as.
I, _ rt6! X11 ' 4'"' "' ` hereby certify that I
am the (� (rd§nagor) of THE NORTHWEST
ARKANSAS ES, a daily newspaper having a second class mailing pri-
vilege, and being not less than four pages of five columns each, published
at a fixed place of business and at a, fixed (daily) intervals continuously in
the City of Fayetteville, County of Washington, Arkansas, for more than
a period of twelve months, circulated and- distributed from an established
place of business to subscribers and readers generally of all classes in the
City & County for a definate price for each copy, or a fixed price per
annum, which price was fixed at what is considered the value of the pub-
lication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their sub-
scriptions to the newspaper or its agents or through recognized news deal-
ers over a period of at least six months; and that the said newspaper pub-
lishers an average of more than fourty percent news matter.
I further certify that the legal notice hereto attached in the matter of
ha�
--- ------------ _1 ----------
was published in the regular daily issue of said newspaper for ___
osrAxv;aU*e insertionK as follows:
�J >_
The first insertion on the _LyL_ ----- day of _ 191Q__
the second insertion on the __ day of ------------ 19_____-
the third insertion on the --------------- day of ------------ 19__---_
and the fourth insertion on the ___________ day _
------9- 14 Q
Sworn to and subscribed before me on//this _ _ day of __-___
----- -- -----------._ 19 p 3--
__ ( et---------- -----
Notary Public
My C/oission Expires:
J
Fee for Printing . . . $ C
Cost of Proof . . . . . $ _____y__-_--_
. , Total . . . . . . . $ ,C 1
i
OI LDINANCE 1332 —` _ " " - S. The City covenants and agrees
AN ORD131@QN� CE q$I�GLEGAL NOFIGES that it will impose and collect rates
A CONTR.M BY .�F�Nj7 for water that will produce suf.
,THE CI7`Y ♦NA BE:4 AT Ized so to act, ficient revenues, together with any
DISTRICT pF BEN t�A W ITN E s s E T H' other utility revenues from mu.
)WASHINGTON -GO ESS WHEREAS 'tbe District has en- nicipally owned utilities that may
KANSAS IN - BUBS2yA y tered into a firm contract with the be lawfully used' and are actually
1 THE FOFt3I AND WITH SUBSTAN+ United States Corps of Engineers available, to pay the reasonable ex-
TIALLY THE CONTENTS SET for 'the •Itiicl`usion of 35,000,000 gal- pensee of operation, maintenance,
FORTH fEt NO MADE A FART 1ons�pea day of .industrial and do- repair and depreciation of the City's
OF THIS 11 INAffiCEi NA))IT$OR. mastic,water, storage in Beaver waterworks; to make a71 principal
IIZING T.fi78 EXECUTION AND DE- m' Reservoir; and and interest payments' and make
LIVERY 4 F SAID CONTRACT; WHEREAS in order to insure its all future deposits required in con-
IPRESCRIB INGf�o T6�HH� MATTERS finaricial�.,abHity to discharge its vection with 'all hands and contract
RELATINeGT THLiR8T0�' pp7D f DE- obfigajibns untter said contract with obligations of the City to which
GLARING R EMERGENCY. tlie'� Coips of Engi,a,eers; the Dls- City waterworks revenues" are
BE IT ORDAIN by thg City Nct proposes to enter into similar iPledged outstanding at any time
Council of the CSN O Vayetteville, onttrracts with the Cities of Spring= during the life of this Contract, and
Arkansas ti - al$aF4 tevilie Rogers and Ben- I to ' make the payments called
SECTICIDI 1. ,That there:: be, and onyille .. hic m; the aggregate for in this Contract when due, and
there is herehy, authorized tale exe- 111s call f`suffici4M revenuestdthat the City will raise said rates
cution and delivery"of a rntract "erihit-tl elDlaCriet to discharke its 'from time tg time when and lathe
by and Is.1,ween the CITY Ob FAY- onf actuelydotiHgatlons avlth the . extent necessary to fully provide
I ETTEVILd El ARKANSAS . (herein r s of Engineers for all said alidve 'act ' forth par.
called ttre CityN) and "BE°AVER nNOW .i1T£EREFORE' tri rnnaitlera- Poses.
WATER SIISTRICT "OF BENTON tion op the... ual Convetulnts and 6, This Contract is executed and
AND WASHINGTON COUNTIES„ Ei )delivered and shall be effective in
tltiliga ons herein ant forth, and for
ARKAN. A .S, in substantially the (other valhdble�'bn4id_eratiwu, the )lieu of a Contract between the
form and with substantially the )receipt . of ' whlch Is? hereby ac- City and the District dated Febru-
contents lrtereafter set forth. and knowled' R'h"e Cif en$ ,the Dts- ' ary 8, 1960, and it Is understood
the Mre li and City Clerk be, and Itrict AGREE''as follows: ' and agreed that by the execution
they are Itereby,„ authorized to exe- 1. The City agrees to pay to the and delivery of this Contract it
cute. ackn owledge anil`deliver said District, solely from revebues de- shall be construed to have been in
Contract for and on' behalf of the rived From' the operation of the full force and effect since Febru-
City. The form and contents of the City's Waterworks System, the ary 8. 1960, and that said February
said Contr act, which are hereby ap- sum of $20,000 per annum for a pe- 8, 1960 Contract be, and the same is .
,proved and which are made a part riod of fifty *years, 'with' 'the first hereby, cancelled and terminated.
' hereof, at pelf be substantially as annual payment to cbmmenee! on Dated this 18th day of Tannery,
follows: 1963.
the date the United states Cores ot : O N T N A C T Engineers ' notific3' the' District iqq CITY OF FAYETTEVILLE,
THIS OONTRACT entered into writing that said - 35;ODO,OOOPIPWOna ARKANSAS
by and be [ween the CITY OF FAY- of domestic and indus%t1gl; water By GUY E. BROWN, Mayor
ETTEVILI .E, ARKANSAS (herein- are stored In the BeavM-- am Rea= ATTEST:
after calls d "City] acting by and ervoir arid'are ready folWMeOerss 7 ( GEORGE J. DAVIS,
I through Ills Mayor and City Clerk. 2. The District will 'dellen li400d City Clerk
duly anti horizetle. so to. act, and . title to the City .tQ 11p00, _ �g )on (Seal)
BEAVER WATER DISTRICT (here ' per day of -said SS;OOO,b001$gsllons BEAVER 4YATER DISTRICT
inafter coaled "District") a duly or. per day water storagesend Itltle«to
ganized and existing regfonat! said water'atorege IF shell con= By . . . .. .. . . . . . . .. . .. . .. . ... . . .
water d'Litribution district under, tine in the City.
the. laws ot 'Arkansas consisting of 3. In the event an.addittona185: .. . ..... .......... .
...... . .. .. ....
0100060"410
Benton as, na Washington Counties i trial gallons per7„w9tei saie- ; ,
Arkansas, acting by and through trial antl domestic, forwater are -1L- ••
its Hoard of Directors, duly author: cl ad apd. Mored "int.the yH veer -
. }fDAn3�A�t��M1-�Rg�es3s5Serrqpv0ppoi�rr 1((thggat fi��s_�tn,77I�n atl'diddoaan � . ... . .. ...... ....0 ..�. ... ... ..
Yha re'1'�e3 'W'),ARh�Ct sN511� ... . . . . . ... ... . .. ... . ... ... ..
have the right j9jpnrchaR&ffmrNthe
District "aaddift 9�a gaLon@@e`e_ .Pe}}'' . . . .. .. . .. ... . . .. . . . . . ... .. . ...
tltiysaSPiZUerJ st3iage rightb up?4
the amouM.tof.y:a: . .3Z ellmad7>¢l Directors
day;S. sof ,,�a.d�1t anal 85.p00,0p0 (Seal)
gallonpet 'dey ofVlwi;ter'9"etSrS9e SECTION 2. That the Mayor and )
for a proportionately increasehiag= City need an and they are hereby,
nual.payment.,.... authorized and directedfor and on
;4$pIlNIsllun`de'retood and, agreed behalf of lite City to do all .ttifngs,
t apledge of waterworks rev- execute all instruments and other-
enues made by the City in this wise , take all action necessary to
Contract is and shall be construed the realization of the City's rights
to be subordinate and Inferior to and to the discharge of the City's
the pledges of waterworks revenues obligations tinder said Contract.
Ito all Waterworks Bonds of the . SECTION 3. That the provfaional
City heretofore issued and out- of this ordinance are hereby de- �
standing as of the datehereof, Glared to be separable and if any
subordinate and inferior to all other section, phrase or provision shall,
contractual obligations of the City for any reason, be declared to be
in connection with or in any wise invalid, such declaration shall not
pertaining to Beaver Water District affect the validity of the remain.
and the providing of revenues to der of the sections, phrases 'or pro.
Beaver Water District for opera- visions.
tion, maintensnce 'and depreciation SECTION 4. That all ordinances
of the 'Dii riet's properties and fa- end. parts of ordinances in conflict
cilities and for Paying the -pripel- herewith are hereby repealed t0
pal of, interest on and Paying the extent of such conflict.
Agent's fees in connection with any SECTION 5. That there is hereby
bontls of the District, and shall be found and declared to be an Im.
subordLiahe and inferior to any mediate need for the securing of
such pledges 'of ' waterworks rev- an adequate watetisupply for the
enues, to any Waterworks Bonds City in order to Insure the adequate
that may tie issued _'in ttie futtire' iiy protection a£ the Public' 'health.
the City and subordinate and in. safety and welfare of the City and
ferior to any such contractual ob- Its inhabitants, and the execution
ligations of the City in favor of the and' delivery Of the Contract -ap-
District 'entered into in the future Proved by this ordinance Is eaten.
In connection with future expansion tial. therefor. ,R is, therefore, de-
and future bond issues of the Dis- Glared that , an emergency exists
trict.— and this ordinance being necessary
- - - for the Immedlate preservation of
the public health, safety and wel-
fare, shall he in force and take'ef-
fect Immediately upon and after
Its
t PASSED 44th day of Tantfary,
1963.
APPROVED:
GUY E. BROWN, Mayor
GEORGE J. DAVIS,
City Clerk
(Seal) lg•lt-c;