HomeMy WebLinkAboutOrdinance 2413 ORDINANCE N0 ,
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH THE CITY OF WEST FORK FOR THE SALE
OF WATER TO SAID CITY .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That the Mayor and City Clergy; are hereby
authorized and directed to execute a contract with the City .
of West Fork for the sale of water to said City . A copy of
said contract , marked Exhibit "A" , is attached hereto and
made a part hereof .
PASSED AND APPROVED this day of February, 1978 .
APPROVED : c
MAYOR
ATTEST
O CITY CLERK
DATES� 111e
RHLI.
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville
1, Suzanne C. Kennedy, City Clerk and
Ev-Officio recorder for the City of Fayetteville,
do hereby certify that the :rnv: ;e I or fore-
0-4i 1g is of record in my office •i �d Cle s:;aic ap-
pears in Ordinance iZcsoiutiou nook
\1 I at page Witness my
hand and seal this —day of
City Clerk and Ex-OffLio
WATER PURCHASE CONTRACT
This contract for the sale and purchase of water , made
and entered into this _ IP4, day of 1/9 . , 1978 , by
and between the City of Fayetteville , Arkansas , a municipal
corporation , hereinafter referred to as the " City " , and the
City of West Fork , Arkansas , a municipal corporation , hereinafter
referred to as the " Buyer " .
WITNESSETH :
WHEREAS , the City owns and operates a water supply distribution
system with a capacity currently capable of serving the present
customers of the City system and the estimated number of water
users to be served by the said Buyer , and ,
WHEREAS , the Buyer desires to purchase water from the City
for distribution within the present corporate limits of Buyer
and to residents within reasonable proximity to the transmission
line , and the City desires to furnish and sell water to the Buyer
for distribution as aforesaid .
NOW THEREFORE , in - consideration of the foregoing and the
mutual agreements hereinafter set forth ,
A . The City agrees :
1 . To furnish the Buyer , at the point of delivery herein -
after specified , for distribution within its present corporate
limits and along the route of the tramsmission main , during
the term of this contract or any renewal or extension thereof ,
potable treated water meeting applicable purity standards of
the State Board of Health , and in such quantity as may be
required by the Buyer , not to exceed 600 gallons per minute .
The City shall not be obligated to provide water to the Buyer
at a rate greater than 600 gallons per minute . In the event
the Buyer requires water at a rate greater than thus specified ,
the City shall have the sole discretion in determining whether
to furnish water at a greater rate and in determining the terms
and conditions upon which its agreement to do so will be given ,
including , but not limited to , conditions for reinforcement of
hLROMMED. 1919
DATE JUL 1
REEL
1
J
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the 12 inch main hereinafter referred to at the Buyer ' s expense
in order to increase its capacity , if the reinforcement has not
been accomplished by the City prior to the time it is required
by the Buyer . Provided , the rates charged for any water , which
City may agree to supply in excess of 600 gallons per minute ,
shall be the same as that charged to other consumers receiving
in excess of 600 gallons of water per minute , plus charges for
meter service established for consumers outside the City . Any
such agreement shall be in writing and duly authorized by the
governing bodies of the respective parties hereto .
It is further understood and agreed that the City ' s respon -
sibility for the water ends at the meter box outlet or vault .
2 . The water will be furnished at a reasonably constant
pressure ( due consideration being given to friction loss ) from
a twelve ( 12 ) inch water main at a point located at the site
described in Exhibit "A " attached hereto and made a part hereof .
3 . City agrees to extend a twelve ( 12 ) inch water main
to point of delivery and to furnish , install , operate , and
maintain at point of delivery the . necessary metering equipment ,
including a meter house on pit , check valves , and required
devices of standard type for properly measuring the quantity of
water delivered to the Buyer , including a meter of proper size ,
for a lump sum water connection fee in an amount equivalent to
the total cost ( including the cost of engineering and right - of -
way acquisition ) of constructing a ten inch ( 10 " ) water main
in . the City of Greenland to - the point of delivery to the City of
West Fork . The cost of maintenance and operation of the metering
facility shall be borne by the City . The responsibility for
testing and calibrating the meter rests solely with the City .
A meter registering not more than two percent ( 2 % ) above or
below 100 % accuracy shall be deemed to be accurate . The previous
reading of any meter disclosed by test to be inaccurate shall be
corrected for the two ( 2 ) months previous to such test in accordance
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with the percentage of inaccuracy found by such tests . If
any meter fails to register for any period , the amount of water
furnished during such period shall be determined by average
readings over a period of two previous months or a like month
of a previous year , at the City ' s option . The metering equipment
shall be read on the last working day of each month .
The size of the meter shall be in keeping with anticipated
water usage and / or demand . Initially , a four inch meter will be
installed . The Buyer will provide a valve at the inlet side of
the meter to shut off the supply and also to limit the flow of
water to the rate permitted . If the Buyer desires a by - pass to
the meter for use during periods of meter maintenance , the cost
for the by - pass valves , fittings and pipe shall be borne by the
Buyer .
4 . The City ' s responsibility for maintenance shall end
at the outlet side of the meter box or vault .
5 . City agrees to furnish the City Clerk of the Buyer ,
at West Fork , Arkansas , not later than the 5th day of each month ,
with an itemized statement of the amount of water furnished and
other charges to the Buyer during the preceding month .
B . The Buyer agrees :
1 . To purchase water as required by the Buyer and the
consumers within the present corporate limits of the Buyer , and
a service area along the transmission line as determined in
Paragraph C 8 hereof up to a maximum of 600 gallons per minute .
Buyer shall be under no obligation to purchase any water from the
City unless Buyer so elects , but any water purchased by Buyer
shall be from the City and not from some other source .
2 . To pay the City not later than the 15th day of each
month for water delivered in the preceding month , in accordance
with the rates as established by the City from time to time
for consumers outside the City of Fayetteville , Arkansas , plus
any charges for meter service that may hereinafter be established
by the City from time to time for consumers outside the City of
. 4 .
Fayetteville , Arkansas . The rates for water and meter service
charges presently in effect are illustrated by the attached
schedule , marked Exhibit " B" , but it is understood and agreed
that the City is in no way bound to said schedule , and that the
City in its sole discretion has the right to increase or decrease
the rates and charges shown therefore , at any time , for the
Buyer as for other outside the City users .
3 . The Buyer agrees to pay to the City a water connection
fee in an amount equivalent to the total cost ( including the cost
of engineering and right - of -way acquisition) of constructing a ten
inch ( 10 " ) water main from the South end of the City ' s existing twelve
inch ( 12 " ) water main in the City of Greenland to the point of de -
livery to the City of West Fork as an agreed cost to connect the
City ' s system with the Buyer ' s system . Said fee shall be paid at
the time the contract for the Buyer ' s transmission line is awarded .
4 . The City of West Fork will pay as a part of this
contract the cost of acquisition by the City of Fayetteville of
a right - of-way twenty feet ( 20 ' ) wide from the South end of the
City ' s existing 12 " water main in the City of Greenland to the point
of delivery to the City of West Fork to enable the City of Fayetteville
to install , operate and maintain the water line on the Fayetteville side
of the metering point . The cost of such right - of-way shall include , if
necessary , all cost of condemnation , court costs , attorney ' s fees and
any other expense directly related to the acquisition of said right -
of -way .
C . It is further mutually agreed between the City and the
Buyer as follows :
1 . That this contract shall extend for a term of 20 years
from the date of the initial delivery of any water by the City to
the Buyer . Thereafter this contract may be renewed for such term , or
terms , as may be agreed upon by the City and Buyer .
2 . That 30 days prior to the estimated date of completion
of construction of the Buyer ' s water supply line , the Buyer will
notify the City in writing the date for the initial delivery of
water .
3 . When requested by the Buyer , the City will make
available to the contractor at the point of delivery , or other
point reasonably close thereto , water sufficient for testing ,
flushing , and trench filling the supply line of the Buyer during
construction , irrespective of whether the metering equipment has
been installed at that time , at a flat charge of $ 400 . 00 , which
will be paid in advance by the contractor , or , on his failure
to pay , by the Buyer .
4 . That the City will , at all times , operate and maintain
its system in an efficient manner and will take such action as
may be necessary to furnish the quanitities of water required
by the Buyer , up to the maximum amount of 600 gallons per minute
as provided in Paragraph A . 1 . hereof . Temporary or partial
failures to deliver water caused by the failures or difficulties
in the City ' s system shall be remedied with all possible dispatch .
Provided , however , the City reserves the right , in the event of
acute shortage of water , to limit or discontinue water sales and
service to the Buyer . Any reduction or discontinuance of water
sales and service for this reason shall not render the City
liable for damages of any kind , it being understood between the
parties that the City ' s primary obligation is to furnish water
and water services to the citizens of the City of Fayetteville ,
Arkansas .
The City shall not be responsibie for any damages to the
Buyer or its consumers by reason of emergency failures of water
supply due to water main breaks , power failure , flood , fire ,
earthquake and ,- other acts of God , or catastrophe , acts of war ,
insurrection or rebellion , acts of a public enemy , acts of any
unauthorized person , firm or corporation , or acts of the Buyer ,
or during any periods of water reduction or discontinuance by
reason of fire fighting or other emergency situation ; nor shall
such failures of water supply and / or discontinuance or reduction
of water sales and service be construed as a breach of this contract
by the City .
• t ..
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5 . That this contract is subject to such rules , regulations ,
or laws as may be applicable to similar agreements in the State of
Arkansas and the City and . Buyer will collaborate in obtaining such
permits , certificates , or the like , as may be required to comply
therewith .
It is expressly understood and agreed that the sale of water
herein provided for , from the City to the Buyer , is a sale for
resale , and the Buyer agrees to secure a sales tax permit as
required by Arkansas Stats . Ann . Sections 84 - 1904 ( i ) 84 - 1913 ,
( and any subsequent amendments thereto ) and agrees that it will
collect and pay over to the Commissioner of Revenues of the State
of Arkansas , any and all sales tax now or hereafter imposed upon
the resale of said water to the Buyer ' s consumers .
6 . That the construction of the water supply distribution
system by the Buyer is being financed by a loan from the United
States of America , acting through the Farmers Home Administration
of the United States Department of Agriculture , and the provisions
hereof pertaining to- . the undertakings of the Buyer are conditioned
upon the approval , in writing , of the State Director of Arkansas ,
of the Farmers Home Administration . Similarly , any modification of
the provisions of this contract , shall be conditioned upon the
prior approval , in writing , of the State Director of Arkansas , of the
Farmers Home Administration .
7 . That in the event of any occurance rendering the
Buyer incapable of performing under this contract , any successor
of the Buyer whether the result of legal process , assignment , or
otherwise , shall succeed to the rights of the Buyer hereunder
8 . It is understood and agreed that the water to be
supplied by the City to the Buyer under this contract is to be
furnished for distribution within the corporate limits ( as
hereinafter defined ) of Buyer and an area three hundred feet
( 3001 ) on each side of the transmission line from the metering
point to the corporate limits of the Buyer . The Buyer shall not
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extend its water main outside its corporate limits in the
unincorporated areas without the prior written consent of the
City . The City shall have the sole discretion in determining
whether or not to consent to any such extensions and in determining
the terms and / or conditions upon which its consent shall be given .
The Buyer has the right to provide service in the area three
hundred feet ( 300 ' ) on each side of the transmission line and
shall have sole discretion as to whether or not it shall provide
water services in that area and the terms and conditions upon
which it shall support such service . In the event the Buyer
elects not to provide services in said area then the City may
provide such service if it desires to do so , but shall use water
mains of its own to provide such service and not the transmission
line as referred to hereinabove .
For the purpose of this instrument the phrase " corporate
limits " of the Buyer means the present corporate limits at the
time of this contract and any lands within an area designated as
the growth area of the City of West Fork as shown and described
by Exhibit " C " to this :-contract provided such lands are , in fact ,
annexed within the Buyer ' s corporate limits . The Buyer shall have
the right under this contract to extend main and water service
into such area without the prior consent of the City .
9 . In the event a portion of the Buyer ' s water mains
are constructed: .within the corporate limits of the City , the
Buyer is not permitted to , serve consumers within the corporate
limits of the City without the prior written consent of the City .
10 . Buyer agrees that it will not during the period of
this contract or any renewal thereof levy any franchise tax ,
occupation tax , or any other tax of any form whatsoever , by
whatever name it may be called , upon the City , the City water
system and appurtenances thereto , or the operations called for
by this contract .
11 . This agreement may be terminated by either Buyer
or the City upon breach by the other of any of the covenants
or agreements contained herein , and the failure of the party
in breach to remedy such breach within thirty ( 30 ) days after
receipt of written notice of the existence of such breach .
Written notice shall be sufficient , if sent by certified mail ,
return receipt requested , postage prepaid , to the respective
mayors of the parties hereto .
12 . The approval and execution of this Water Purchase
Contract by the City shall be contingent upon the Buyer receiving
approval of Farmers Home Administration Loan and / or grant within
a one ( 1 ) year period from date of execution by the City . If loan
and / or grant approval is not secured within the one ( 1 ) year
period , this contract shall be null and void .
IN WITNESS WHEREOF , the City and Buyer have executed these
presents by their respective mayors and have caused their seals
to be hereto affixed and the same attested to by the City Clerks
of the parties , having been authorized to do so by appropriate
ordinances of their respective Governing Bodies .
CITY OF FAYETTEVILLE , ARKANSAS
a municipal corporation
BY & 2
MAYOR
ATTEST :
CITY CLERK
CITY OF WEST FORK , ARKANSAS
a municipal corporation
7aAM
AYOR
ATTEST:
CITY CLERK
� Y +IISIT A
LEGAL DESCRIPTION
A part of the NWa of the NE; of Section Twenty -one ( 21 ) in
Township Fifteen ( 15 ) North of Range Thirty ( 30 ) West , being
more particularly described as follows : Beginning at a point
on the East right -of -way line of U . S . Highway No . 71 said
point located 389 feet West and 595 feet S 140 33 ' W of the
NE corner of said 40 acre tract ; running thence S 140 33 ' W
along said right -of -way 12 feet ; thence S 750 27 ' E 20 feet ;
thence N 140 33 ' E 12 feet ; thence N 750 27 ' W 20 feet to the
point of beginning , containing 0 . 006 acres , more or less,
Washington County , Arkansas .
This legal description prepared by McClelland Consulting Engineers ,
February 9 , 1978 .
MIGIIOFlLMM
ItAiE7 1979
Errfk/� FAYETTEVILLE , ARKANSAS
P. O. DRAWER F 72701 15011521-7700
C
Ioncoo`'�i� ,
OFFICE OF THE CITY CLERK
March 27 , 1978
Mayor Alexander P . Stikkers
City of West Fork
P . 0 . Box 339
West Fork , Arkansas 72774
Dear Mayor Stikkers :
Enclosed are three fully executed copies of the City of West Fork water
purchase agreement . I would appreciate a copy of the resolution authorizing
the City of West Fork to enter into this contract with the City of Fayetteville .
Please contact us should you have any questions .
Sincerely ,
qt a`l�
Darlene Westbrook
City Clerk
/dw
Enclosures
CITY OF WEST FORK
P.O. Box 339
West Fork, Arkansas 72774
Alexander P. Stikkers, Mayor
Recorder -Treasurer
Paula J. Caudle
Aldermen
Huse Bilbrey
MARCH 21, 1978 V
Richard Burr
Isaac Caudle Jr.
L.W. Cruikshank
Larry Garrison
John Gilbreath
Floyd Pool
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS 72701
ATTENTION: MR. DON GRIMES, CITY MANAGER
SUBJECT: WATER PURCHASE CONTRACT
DEAR MR. GRIMES:
CITY OF FAYETTEVILLE & WEST FORK, ARK.
ATTACHED IS ORIGINAL AND FOUR COPIES OF THE WATER PURCHASE CONTRACT AS REVISED
BY CONSULTATIONS BETWEEN YOUR CITY ATTORNEY AND OUR ATTORNEY.
THE CONTRACT WAS APPROVED BY OUR CITY COUNCIL AND OUR WATER AND SEWER COMMISSION
AND THE MAYOR WAS AUTHORIZED TO SIGN THE CONTRACT FOR THE CITY OF WEST FORK AT
A SPECIAL CALLED COUNCIL MEETING ON MARCH 20, 1978.
APPRECIATE IF YOU WOULD ARRANGE FOR THE NECESSARY CITY OF FAYETTEVILLE
SIGNATURES AND DATING OF CONTRACT, RETURNING THREE COPIES TO ME FOR OUR
RECORDS.
SINCERELY,
r
ALEXANDER P. STIKKERS
MAYOR
SPECIAL MEETING
MARCH 20, 1978
A SPECIAL MEETING OF THE CITY COUNCIL OF WEST FORK WAS CONVENED BY MAYOR
ALEXANDER P. STIKKERS AT 7:00 P.M. ON MARCH 20, 1978.
ALDERMEN PRESENT: LONG, BONHAM, CRUIKSHANK, CAUDLE, BILBREY, KIRKPATRICK, POOL
WATER COP/Al SSIONERS PRESENT: FRANK WENZEL, JAMES SLAVENS & HUSE BILBREY.
:.
ALSO PRESENT: SUPT. OF UTILITIES, BUTCH BARTHOLOMEW
VISITORS PRESENT: MANUEL BRADSHAW
,THIS WAS A JOINT MEETING BETWEEN THE CITY COUNCIL AND THE WATER AND SEWER
COi:f,ISSION TO DISCUSS THE 'WATER LINE AND WATER CONTRACT FROM FAYETTEVILLE
TO WEST FORK.
THE WATER AND SEWER COGMSISSION PRESENTED THE CITY COUNCIL WITH A RECOtNAENDATION
TO ACCEPT THE REVISED CONTRACT. f.V2. CAUDLE MADE A MOTION, SECONDED BY
1.R. CRUIKSHANK TO ACCEPT THE RECOAMAENDATION OP THE WATER AND SEWER
COAV:ISSIOW AND APPROVED THE SIGNING OF THE CONTRACT BY THE MAYOR AND
CITY CLERK. ALL VOTED FOP.
MR. BONHAM MADE A (MOTION, SECONDED BY l:^R. KIRKPATRICK TO HAVE A 20 sq. MILE
PLANNED GROWTH AREA FOR THE LIFE OF THIS CONTRACT WHICH IS 20 YEARS.
ALL VOTED FOR.
THIS PLANNED GROWTH AREA IS ALL IN RANGE 30 WEST AND TOWNSHIP 14 & 15 NORTH.
A1R. KIRKPATRICK &MDE M110TION, SECONDED BY L. LONG, TO APPROVE THE
MAYOR AND CITY CLERK SIGNING THE CONTRACT WITH MC CLELLAND ENGINEERS
COVERING OUR SECTION OF THE PIPE LINE. MR. CAUDLE ABSTAINED. MOTION CARRIED.
THREE SITES WERE DISCUSSED CONCERNING THE LOCATION FOR THE 100,000 GALLON
TANK. SITE la & lb ARE OPPOSITE EACH OTHER ON /,'R. SPENCER'S ROAD AND
SITE 3 IS ON THE PROPERTY OF IKE CAUDLE SR. M. POOL MADE A NOTION,
SECONDED BY MR. KIRKPATRICK TO LOOK INTO GETTING ONE OF THESE THREE
SITES, STARTING IN THE ORDER LISTED ABOVE. ALL VOTED FOR.
BR. CAUDLE MADE A MOTION, SECONDED BY MR. BONHAM, TO APPOINT J.C. CANTRELL
APPRAISER EVALUATOR FOR THE LAND TO BE BOUGHT FOR THE TANK SITE.
ALL VOTED FOR.
MEETING ADJOURNED AT 1+8:45 P.M. CAUDLE - KIRKPATRICK. ALL VOTED FOR.
ALEXANDER P. STIKKERS
f.1AYOR
RESPECTFULLY SUBMITTED,
PAIILA CAUDLE
CITY CLERK !c' -
71
''s f '-
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_ 'ter.
. .A
ORDINANCE NO. 021//3
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH THE CITY OF WEST FORK FOR THE SALE
OF WATER TO SAID CITY.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with the City.
of West Fork for the sale of water to said City. A copy of
said contract, marked Exhibit "A", is attached hereto and
made a part hereof.
PASSED AND APPROVED this 4- day of February,1978.
APPROVED:
MAYOR
;'A'] 1
3• 7
ft
k ft
ISIl
CITY CLERK
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V EXF,iiBi�b -oeo 2q/3
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WATER PURCHASE CONTRACT
�,* •..t
'•-
This Contract for the sale and purchase of water, made and
entered into this day of , 1978, by and
""-*. r:.-
between the City of Fayetteville, Arkansas, a municipal
i..
i.. 0F4:i.
corporation, hereinafter referred to as the "City", and the
'4 -;
City of West Fork, Arkansas, a municipal corporation, hereinafter
;'�
referred to as the "Buyer".
T.:�'�
.,-., ,i .
WITNESSETH:
WHEREAS, the City owns and operates a water supply distribution
system with a capacity currently capable of serving the present
customers of the City system and the estimated number of water
,. ,"
users to be served by the said Buyer, and
WHEREAS, the Buyer desires to purchase water from the City
for distribution within the present corporate limits of Buyer
I.
and'to residents within reasonable proximity to the transmission
line, and the City desires to furnish and sell water to the Buyer
for distribution as aforesiad
NOW THEREFORE, in consideration of the foregoing and the
mutual agreements hereinafter set forth,
- " -
A. The City agrees:
1. To furnish the Buyer, at the point of delivery herein-
. . . .......
after specified, for distribution within its present corporate
limits and along the route of the transmission main, during
•.,
the term of this contract or any renewal or extension thereof,
�'---• "
potable treated water meeting applicable purity standards of
-.;.. .,
the State Board of Health, and in such quantity as may be
,..,
required by the Buyer, not to exceed 600 gallons per minute.
' .! ..
The City shall not be obligated to provide water to the Buyer
at a rate greater than 600 gallons per minute. In the event
the Buyer requires water at a rate greater than thus specified,
Y'
the City shall have the sole discretion in determining
-
whether to furnish water at a greater rate and in determining
the terms and conditions upon which its agreement to do so
will be given, including, but not limited to, conditions for
' - -
reinforcement of the 12 inch main hereinafter referred to
at the Buyer's expense in order to increase its capacity, if
:
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2
the reinforcement has not been accomplished by the City prior
to the time it is required by the Buyer. Provided, the rates
charged for any water, which City may agree to supply in
excess of 600 gallons per minute, shall be the same as that
charged to other consumers receiving in excess of 600 gallons
of water per minute, plus charges for meter service established
for consumers outside the City. Any such agreement shall be
in writing and duly authorized by the governing bodies of the
respective parties hereto.
It is further understood and agreed that the City's respon-
sibility for the water ends at the meter box outlet or vault.
2. The water will be furnished at a reasonably constant
pressure (due consideration being given to friction loss) from
a twelve (12) inch water main at a point located at the site
described in Exhibit "A" attached hereto and made a part hereof.
3. City agrees to extend a twelve (12) inch water main
to point of delivery and to furnish, install, operate, and
maintain at point of delivery the necessary metering equipment,
including a meter house or pit, check valves, and required
devices of standard type for properly measuring the quantity
of water delivered to the Buyer, including a meter of proper
'.f size, for a lump sum water connection fee in an amount equivalent
to the total cost (including the cost of engineering and right-of-
way acquisition) of constructing a ten inch (10") water main from
the South end of the City's existing twelve inch (12") water main
in the City of Greenland to the point of delivery to the City of
West Fork. The cost of maintenance and operation of the metering
facility shall be borne by the City. The responsibility for
testing and calibrating the meter rests solely with the City.
A meter registering not more than two percent (27°) above or
below 100% accuracy shall be deemed to be accurate. The previous
reading of any meter disclosed by test to be inaccurate shall be
corrected for the two (2) months previous to such test in accord-
ance with the percentage of inaccuracy found by such tests. If
any meter fails to register for any period, the amount of water
furnished during such period shall be determined by average
3
readings over a period of two previous months or a like month
j
of a previous year, at the City's option. The metering equip-
.
'
ment shall be read on the last working day of each month.
The size of the meter shall be in keeping with anticipated
water usage and/or demand. Initially, a four inch meter will be
installed. The Buyer will provide a valve at the inlet side of
meter to shut off the supply and also to limit the flow of
•the
"
water to the rate permitted. If the Buyer desires a by-pass to
the meter for use during periods of meter maintenance, the cost
for the by-pass valves, fittings and pipe shall be borne by the Buyer.
4. The City's responsibility for maintenance shall end at
the outlet side of the meter box or vault.
5. City agrees to furnish the City Clerk of the Buyer, at
West Fork, Arkansas, not later than the 5th day of each month,
with an itemized statement of the amount of water furnished
and other charges to the Buyer during the preceding month.
'
B. The Buyer agrees:
1. To purchase water as required by the Buyer and the
consumers within the present corporate limits of the Buyer, and
a service area along the transmission line as determined in
Paragraph C. 8. hereof up to a maximum of 600 gallons per minute.
Buyer shall be under no obligation to purchase any water from the
City unless Buyer so elects, but any water purchased by Buyer
�•�"•- -+
shall be from the City and not from some other source.
$`��.
•. _'
2. To pay the City not later than the 15th day of each
J'
month for water delivered in the preceding month, in accordance
I
with the rates as established by the City from time to time
for consumers outside the City of Fayetteville, Arkansas, plus
any charges for meter service that may hereinafter be established
d
•
by the City from time to time for consumers outside the City of
Fayetteville, Arkansas. The rates for water and meter service
charges presently in effect are illustrated by the attached
•
schedule, marked Exhibit "B", but it is understood and agreed
that the City is in no way bound to said schedule, and that the
City in its sole discretion has the right to increase or decrease
-I
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4
the rates and charges shown therefore, at any time, for the
Buyer as for other outside the City users.
3. The Buyer agrees to pay to the City a water connection
fee in an amount equivalent to the total cost (including the
cost of engineering and right-of-way acquisition) of con-
structing a ten inch (10") water main from the South end of the
City's existing twelve inch (12") water main in the City of
Greenland to the point of delivery to the City of West Fork
as an agreed cost to connect the City's system with the Buyer's
• system. Said fee shall be paid at the time the contract for
• the Buyer's transmission line is awarded.
4. The City of West Fork will provide the City of Fayette-
' ville a twenty foot right-of-way for the City of Fayetteville to
install, operate, and maintain the water line on the Fayetteville
side of the metering point.
C. It is further mutually agreed between the City and the Buyer
as follows:
1. That this contract shall extend for a term of 20 years
from the date of the initial delivery of any water by the City
to the Buyer. Thereafter this contract may be renewed for such
term, or terms, as may be agreed upon by the City and Buyer.
2. That 30 days prior to the estimated date of completion
of construction of the Buyer's water supply line, the Buyer will
notify the City in writing the date for the initial delivery of water.
• r 3. When requested by the Buyer, the City will make available
to the contractor at the point of delivery, or other point
reasonably close thereto, water sufficient for testing, flushing,
and trench filling the supply line of the Buyer during construction,
irrespective of whether the metering equipment has been installed
J at that time, at a flat charge of $400.00, which will be paid
in advance by the contractor, or, on his failure to pay, by the Buyer.
4. That the City will, at all times, operate and maintain
its system in an efficient manner and will take such action as
• may be necessary to furnish the quanitities of water required
by the Buyer, up to the maximum amount of 600 gallons per minute
• as provided in Paragraph A. 1. hereof. Temporary or partial
.• failures to deliver water caused by the failures or difficulties
Cpl` i+y kh ry
5
in the City's system shall be remedied with all possible dispatch.
Provided, however, the City reserves the right, in the event of
acute shortage of water, to limit or discontinue water sales and
service to the Buyer. Any reduction or discontinuance of water
sales and service for this reason shall not render the City
liable for damages of any kind, it being understood between
y
the parties that the City's primary obligation is to furnish
water and water services to the citizens of the City of
Fayetteville, Arkansas.
The City shall not be responsible for any damages to the
buyer or its consumers by reason of emergency failures of water
supply due to water main breaks, power failure, flood, fire,
earthquake and other acts of God, or catastrophe, acts of war,
insurrection or rebellion, acts of a public enemy, acts of any
unauthorized person, firm or corporation, or acts of the Buyer,
or during any periods of water reduction or discontinuance by
reason of fire fighting or other emergency situation; nor shall
such failures of water supply and/or discontinuance or reduction
of water sales and service be construed as a breach of this con-
tract by the City.
5. That this contract is subject to such rules, regu-
lations, or laws as may be applicable to similar agreements
in the State of Arkansas and the City and buyer will collaborate
in obtaining such permits, certificates, or the like, as may
be required to comply therewith.
It is expressly understood and agreed that the sale of
water herein provided for, from the City to the Buyer, is a
sale for resale, and the Buyer agrees to secure a sales tax
permit as required by Arkansas Stats.Ann. Sections 84-1904 (i),
84-1913, (and any subsequent amendments thereto) and agrees
?- --- that it will collect and pay over to the Commissioner of Rev-
enues + :,
of the State of Arkansas, any and all sales tax now or
hereafter imposed upon the resale of said water to the buyer's
consumers.
,
6
6. That the construction of the water supply distribu-
tion system by the Buyer is being financed by a loan from
the United States of America, acting through the Farmers Home
Administration of the United States Department of Agriculture,
and the provisions hereof pertaining to the undertakings of
the Buyer are conditioned upon the approval, in writing, of
the State Director of Arkansas, of the Farmers Home Admini-
stration. Similarly, any modification of the provisions of
this contract, shall be conditioned upon the prior approval,
in writing, of the State Director of Arkansas, of the Farmers
home Administration.
7. That in the event of any occurance rendering the
Buyer incapable of performing under this contract, any successor
of the Buyer, whether the result of legal process, assignment,
or otherwise, shall succeed to the rights of the Buyer hereunder.
8. It is understood and agreed that the water to be
supplied under this contract is to be furnished to the Buyer for
distribution within its present corporate limits and 300
feet on each side of the transmission line to the Buyer. The
Buyer agrees that it will not extend any water mains or make
any water connections beyond the present corporate limits of
the Buyer and the transmission line service area, without the
prior written consent of the City. The City shall have the
sole discretion in determining whether or not to consent to
such extensions and connections in determining the terms and
conditions upon which its consent shall be given.
The Buyer shall have the sole discretion as to whether or not
it will provide services in the 600 foot transmission. line
area, and as to the terms and conditions upon which it will supply
such service. In the event the 'Buyer elects not to provide
services to consumer or consumers in the transmission line
area, or if it cannot agree to do so on terms and conditions • acceptable to such consumer or consumers, the City shall
have the right to do so, if it desires, should City mains
J 1::.
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ai
•
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ar 1 Ir;
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7
later become available from which such services could be
provided.
The term "present corporate limits" of the Buyer as
used in this contract shall mean the legal corporate limits
of the Buyer as same exist at the time this contract is entered
into: provided, that in the event any of the lands described
in Exhibit "C" to this contract, the Planned Annexations Map
of West Fork, are later annexed to the Buyer's corporate limits,
said lands shall be considered within the "present corporate
limits" of the Buyer under this contract so as to permit the
Buyer to extend mains thereto and make water connections therein
without the prior written consent of the City.
9. In the event a portion of the Buyer's water mains are
constructed within the corporate limits of the City, the
Buyer is not permitted to serve consumers within the corporate
limits of the City without the prior written consent of the
City.
10. Buyer agrees that it will not during the period of this
contract
or any
renewal thereof levy
any franchise tax,
oc-
cupation
tax, or
any other tax of any
form whatsoever,
by
whatever name it may be called, upon the City, the City water
system and appurtenances thereto, or the operations called
for by this contract.
11. This agreement may be terminated by either tSuyer
or the City upon breach by the other of any of the covenants
or agreements contained herein, and the failure of the party
in breach to remedy such breach within thirty (30) days after
receipt of written notice of the existence of such breach.
Written notice shall be sufficient, if sent by certified mail,
return receipt requested, postage prepaid, to the respective
mayors of the parties hereto.
12. The approval and execution of this Water Purchase
Contract by the City shall be contingent upon the Buyer
receiving approval of Farmers Home Administration Loan and/or
grant within a one (1) year period from date of execution by
the City. If loan and/or grant approval is not secured
within the one (1) year period, this contract shall be null
and void.
IN WITNESS WHEREOF, the City and Buyer have executed these
presents by their respective mayors and have caused their seals
to be hereto affixed and the same attested to by the City Clerks
of the parties, having been authorized to do so by appropriate
ordinances of their respective Governing Bodies.
CITY OF FAYETTEVILLE, ARKANSAS
a municipal corporation
.,V ,. n,,,,.,.,. BY
hill;, MAYOR
T ES`Li) .,' •l 3.
CITY CLERK
CITY OF WEST FORK, ARKANSAS
a municipal corporation
Fv
ATTEST:
CITY CLERK
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r=Y 01131T A
LEGAL DESCRIPTION
A part of the NW; of the NE; of Section Twenty-one (21) in
Township Fifteen (15) North of Range Thirty (30) West, being
more particularly described as follows: Beginning at a point
on the East right-of-way line of U. S. Highway No. 71 said
point located 389 feet West and 595 feet S 14O 33' W of the
NE corner of said 40 acre tract; running thence S 140 33 W
along said right-of-way 12 feet; thence S 750 27' E 20 feet;
thence N 14O 33' E 12 feet; thence N 750 27' W 20 feet to the
point of beginning, containing 0.006 acres, more or less,
Washington County, Arkansas. C'1 -
This legal description prepared by McClelland Consulting Engineers,
February 9, 1978.
4
}
EXHIBIT "B"
Water
Rate For Outside
City
Consumers . . . . . .
. . $
.645/1000
gal.
LUS FIe CTy
RESOLUTION NO.$ '7d'
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR SERVICES WITH McCLELLAND CONSULTING
ENGINEERS, INC. FOR THE CONSTRUCTION OF A WATER TRANSMISSION
LINE TO SERVE THE CITY OF WEST FORK, ARKANSAS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized to
execute an agreement for engineering services with McClelland
Consulting Engineers, Inc. for the construction of a water
transmission line to serve the City of West Fork, Arkansas.
A copy of said contract, marked Exhibit "A", is attached hereto
and make a part hereof.
PASSED AND APPROVED THIS I DAY OF FEBRUARY, 1978.
APPROVED:
•_• •'
ATTES7j.
t �
CITY CLERK
iil•
L:*iy^-L '�j
MAYOR
77-159
.•
• EXHIBIT1ZeS 8 78
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made this �7 day of , 191P , by
and between the City of Fayetteville, Arkansas, hereinafter referred to as
the OWNER, and McCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas,
hereinafter referred to as the ENGINEER:
The OWNER desires to construct a water transmission line from Greenland,
Arkansas to the north limit of the service area of West Fork, Arkansas in
Washington County, State of Arkansas, and the ENGINEER agrees to perform the
professional engineering services required for same.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements between the
parties hereto, it is hereby agreed:
SECTION A - ENGINEERING SERVICES
That the ENGINEER shall furnish basic engineering services as follows:
1. The ENGINEER will conduct preliminary investigations required to determine
project feasibility.
2. The ENGINEER will prepare preliminary plans and cost estimate.
3. The ENGINEER will prepare an engineering report.
4. The ENGINEER will furnish copies of the preliminary engineering report,
cost estimates, and layout maps to the OWNER, as requested.
5. The ENGINEER will attend conferences with the OWNER and other interested
parties.
6. After the preliminary engineering report has been reviewed and the OWNER
directs the ENGINEER to proceed, the ENGINEER will perform the necessary
design surveys, accomplish the detailed design of the project, prepare
detailed plans, specifications and contract documents, and make a full cost
estimate based on the final design for the entire system. However, design
surveys, as used in this Section A-6, are understood to be limited to those
required to perform the design and to prepare the detailed plans and specifi-
cations.
7. Prior to the advertisement for bids, the ENGINEER will provide not to exceed
10 copies of detailed plans, specifications, and contract documents for use
of the OWNER, and the appropriate Federal, State, and local agencies from
whom approval of the project must be obtained. The cost of not to exceed 10
copies of such plans, specifications, and contract documents shall be included
in the basic compensation paid to the ENGINEER.
8. The ENGINEER will furnish additional copies of plans, specifications and
contract documents as required by prospective bidders, material suppliers,
and other interested parties, but may charge for the actual cost of such
copies. Upon award of each contract, the ENGINEER will furnish to the
OWNER eight sets of plans, specifications, and contract documents for
execution, the cost of these being included in the basic compensation paid
to the ENGINEER. Original documents, survey notes, tracings, and the like,
except those furnished to the ENGINEER by the OWNER, are and shall remain
the property of the ENGINEER.
9. The plans prepared by the ENGINEER under the provisions of Section A-6 above
shall be in sufficient detail to permit the actual location of the proposed
improvements on the ground. The ENGINEER shall prepare, and furnish to the
OWNER without any additional compensation, three copies of a map showing the
needed construction easements and permanent easements, and the land to be
acquired. Property surveys, property plats, legal descriptions, and negotia-
tions for land rights shall be accomplished by the OWNER unless the OWNER
requests the ENGINEER TO perform these services. In the event the ENGINEER
is requested to perform such services, the ENGINEER shall be additionally
compensated as set out in Sections C and D hereof.
10. The ENGINEER will attend the bid opening and tabulate the bid proposals,
make an analysis of the bids, and make recommendations for awarding contracts
for construction.
11. The ENGINEER will check and approve any necessary shop and working drawings
furnished by contractors.
12. The ENGINEER will interpret the intent of the plans and specifications to
protect the OWNER against defects and deficiencies in construction on the
part of the contractors. The ENGINEER will not, however, guarantee the
performance by any contractor.
13. The ENGINEER will provide horizontal and vertical control for all structures
and lines in the form of bench marks or reference points to be used by the
contractor in staking the construction.
14. The ENGINEER will provide general engineering observation of the work of the
contractors as construction progresses.
15. The ENGINEER will review and approve estimates for progress and final payments.
16. The ENGINEER will make final observation of all construction and a written
certification to the OWNER.
17. The ENGINEER will provide the OWNER with two sets of "As -Built" prints at
no additional'cost to the OWNER.
18. The ENGINEER further agrees to obtain a
expense, such insurance as will protect
the Workman's Compensation Act and from
or property damage which may arise from
ENGINEER or by the ENGINEER'S employees
services required under this Agreement.
id maintain at the ENGINEER'S
him and the OWNER from claims under
all claims for bodily injury, death,
the negligent performance by the
of the ENGINEER'S functions and
19. The ENGINEER will provide detailed resident observation of the work of the
Contractors as the construction progresses. The ENGINEER does not guarantee
the performance of the Contractor(s) by the ENGINEER'S performance of such work.
The ENGINEER'S undertaking hereunder shall not relieve any contractor of
his obligation to perform the work in conformity with the plans and specifi-
cations and in a workmanlike manner; shall not make the ENGINEER an insurer
of contractor's performance; and shall not impose upon the ENGINEER any
obligation to see to it that the work is performed in a safe manner.
SECTION B - COMPENSATION FOR ENGINEERING SERVICES
That the OWNER shall compensate the ENGINEER for engineering services
based upon the following schedule:
PLANNING: A sum equal to Ten thousand two hundred dollars ($10,200.00) for the
services described in Section A, paragraphs 1 to 10 inclusive. This amount
shall be due and payable upon completion, presentation to, and acceptance by
the OWNER of the detailed plans and specifications.
GENERAL OBSERVATION: A sum equal to One thousand thirty dollars (1,030.00) for
the services described in Section A, paragraphs 11 to 17 inclusive. This amount
shall be payable in monthly installments based upon the monthly estimates
prepared to pay the construction contractor(s).
RESIDENT OBSERVATION: A sum equal to Three thousand nine hundred forty dollars
($3,940.00) for the services described in Section A, paragraph 19. This amount
shall also be payable in monthly installments based upon the monthly estimates
prepared to pay the construction contractor(s).
OVERTIME ENGINEERING: The construction contract(s) will contain a completion
time expressed in calendar days. Should the construction require additional time
and result in a requirement for additional services, payment for these services
shall be made in accordance with the schedules given in Sections D.
SECTION C - ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing services, the following services may be required
upon written authorization of the OWNER.
1. Property surveys, descriptions of needed land and easement rights and maps,
plans, or estimates related thereto; assistance in negotiating for land and
easement rights.
2. Necessary data and filing maps for water rights, water adjudication, and
litigation.
3. Redesigns ordered by the OWNER during the Planning or Preliminary Engineering
phases, or after final plans have been accepted by the OWNER.
4. Appearances before courts or boards on matters of litigation related to the
project.
Payment for the services specified in this Section C shall be in accordance
with the schedule set out in Section D hereof. The ENGINEER will render to OWNER
for such services an itemized bill, separate from any other billing, at the end
of each month for compensation for services performed hereunder during such
month, the same to be due and payable by OWNER to the ENGINEER on or before the
10th day of the following month.
SECTION D - SCHEDULE OF RATES AND CHARGES FOR ADDITIONAL ENGINEERING SERVICES
PERSONNEL:
Survey
Three-man party
Two -man party
Construction Inspection
Resident Engineer
Resident Inspector
Engineering and General Supervision
Principal or Officer of Firm
Project Engineer
Field or Design Engineer
Land Surveyor or Engineering Aide
Draftsman
Office Personnel
Secretarial/Clerical
Reimbursable Expenses
$ 33.00/hour
$ 23.00/hour
$:25.00/hour
$ 18.00/hour
$ 35.00/hour
$ 30.00/hour
$ 25.00/hour
$ 18.00/hour
$ 12.00/hour
$ 10.00/hour
Travel from office at $0.20 per mile, or at actual travel cost, plus time
at above rates for both ways.
2. Actual cost of subsistence and lodging.
3. Actual cost of long-distance telephone calls, telegrams, express charges and
postage other than ordinary first-class.
4. Actual cost of materials required for the job and used in surveying, drafting,
and allied activities, including printing and reproduction costs.
5. Actual cost of special tests and services of special consultants, as referred
to in Section C of this agreement.
This AGREEMENT shall inure to the benefits of and be binding upon the legal
representative and successors of the parties respectively and shall become
effective upon execution.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this AGREEMENT in duplicate on the date
heretofore started.
(SEAL) ,).
• f.
IA. (TEST' )
,'Type,Name Darlene Wecthrnnk
Title City Clerk
OWNER:
CITY OF FAYETTTEE,VILLE, ARKANSAS
By
Type Name Ernest E. Lancaster
Title Mayor
'U
I•
(SEAL) ENGINEER:
ATTEST: McCLELLAND CONSULTING ENGINEERS, INC.
0, l"i B fr14
Type Name Maurice A. McClelland T e Name J. E. McClelland
Title Secretary -Treasurer Title President
i
FARMINGTON
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RECORDER
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DEPARTMENT
ADOPTED BY: WEST FORK PLANNPJG COMMISSION
DATE:.=-'p'rl_ J, /'i it/
CERTIFIED: - - :?'r. >, A %% -
Chairman
Secretary
ADOPTED BY : WEST FORK CITY COU/VCIL
DATEi''/iy°R'C C f '5%
CERTIFIED: li�1L� c . < . , .-,L • L City Clark
FLED WITH: WEST FORK CITY CLERK
DATE: �/i ;�iL ?o !i9 ,
CFRTFIED a1- . On +°.
City Clark
FILED WITH: WASHINGTON•COUNTY.CIRCUIT CLERK 8
EX —OFFICIO
DATE!
ircuit Clerk
TIC
REPARATION OP THD NAP WAS
INANCED IN PART THROWN
A
OMPREHENSIVE PLANNING fP1AHT FROM THE
OP MOUSING AND URBAN OEVELOPNENT,
PREPARED BY: NORTHWEST ARKANSAS REGIONAL
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,» FILED WITH:NWSHIN&ON.000NTY.CIRCUITCLERK IS
�� /��_ j i \�� DC-OFFICW'REODRDER
1. �-"� ;____-i - -( --- -- -• -_/ DATE.
• I.
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Circuit Clerk
/ I • t I• • THE PREPARATION OF THIS NAP WAS FINANCED IN MRT THROUGH
A COMPREHENSIVE PLANNING GRANT FROM TIC DEPARTMENT
_ - 1 1/�,•��•t� OF HOUSING AND URBAN DEVELOPMENT.
' //
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