HomeMy WebLinkAbout68-73 RESOLUTIONRESOLUTION NO.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be and they hereby are
authorized and directed to execute a proposed contract with
RDA (Rural Development Authority) contingent upon the final
approval of the growth area projects by the Board of Directors.
Be it further resolved that the district to be served
would not include areas to the East of U.S. Highway 71 as
presently located or` an area North of the West Fork Improvement
District, West of Highway 71 and East of the West Fork of White
River between the West Fork of White River and Highway 71.
PASSED AND APPROVED this
1973.
✓ PASSED:
✓ APPROVED:
Sin)
ER
L'
day of
.Y .�1�� l/
MAYOR C
1
USDA -FHA
Form FHA 442-30
(3-4-6s)
WATER PURCHASE CONTRACT
This contract for the sale and purchase of water is entered into as of the d 1 rh day of �Pr'
19 7� between the City of Fayetteville, Arkansas
P. 0: Box F, Fayetteville, Arkansas 72701
(Address)
hereinafter referred to as the "Seller" and the
4.k- 7s
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Washington County Rural Development Authority,
P. 0. Box 221, Springdale, Arkansas 72764
hereinafter referred to as the "Purchaser",
(Address)
WITNESSETH:
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Whereas, the Purchaser is organized and established under the provisions c.' Arkansas Statutes 20-1401 thrrf-u�gh
29-1424; and proposes to construct and operate
C+ce+^ tif - te.-pmrpoesedrecrostrartirgtnd'tpet3tt ga water supply distribution
system serving water users within the area described in plans now on file in the office of the Purchaser and to accomplish
this purpose, the Purchaser will require a supply of treated water, and
9hereas, the Seller owns and operates a water supply distribution system with a capacity currently capable of serving the
present customers of the Seller's system and the estimated number of water users. to be served by the said Purchaser as shown
is the plans of the system now on file in the office of the Purchaser, and
Resolution 68-73 Seventh
Whereas, by No enacted on the day
of
August
with the provisions of the said
carrying out the
and attested by
Whereas, by
, 19 73 by the Seller, the sale of water to the Purchaser in accordance
Resolution
said Resolution
the Seeress 5',as duly authorized, and
City Cleric
Resolution No. 75-5 of the
of the Purchaser, enacted on the
29th
was approved, and -the execution of this contract
by the Mayor
Board of Cotmtissioners
day of
April
the purchase of water from the Seller in accordance with the terms set forth in the said
was approved, and the execution of this contract by the Chairman , and
attested by the Secretary was duly authorized;
Now, therefore, in consideration of the foregoing and the mutual agreements hereinafter set forth;
19 _E2_
Resolution .I.Io, 75-5
A. The Seller Agrees:
1. (Quality and Quantity) To furnish the Purchaser at the point of delivery hereinafter specified, during the term of
this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards 'of the
Arkansas State Department of Health
in such quantity asmay be required by the Purchaser not to exceed gallons per month.
See Section A-l,.attachment .to this contract.
FHA 442-30 (34-68)
thtm, 12
2. (Point of Deliver? and Pressure) That water will be .furnished at a reasonably constant pressure calculated
at 'bile locations given under Section A-2 on attachment to this contract.
at tar an sit g _ieeh-esin-espply-eta-poiai-lecata
If a greater pressure than that normally available at the point of delivery is required by the Purchaser., the cost of providing
such greater pressure shall be borne by the Purchaser. Emergency failures of pressure or supply due to main supply line
breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from
this provision for such reasonable period of time as may be necessary to restore service.
3. (Metering Equipment) To furnish, install, operate, and maintain at its own expense at point of delivery, the
necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring
the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser
but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or
below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate
shall becorrected for the three (3) months previous to such test in accordance with the percentage of
inaccaaty found by such tests. If any meter fails to register for any period, the amount of water furnished during such period
shall -be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller
monthly on the Seller's
and Purchaser shall agree upon a different amount. The metering equipment shall be read cm established schedule.
An appropriate official of the Purchaser at all reasonable times. shall have access to the meter for the purpose of verifying
its readings.
4. (Billing Procedure) To furnish the Purchaser at the above address not later.than the
each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month.
B. The Purchaser Agrees:
15th
1. (Rates and Payment Date) To pay the Seller, not later than the dayof each month, for water
delivered in accordance with the following schedule of rates:
day of
a. $ for the first gallons, which amount shall also be the
minimum rate per month. -
b. $ cents per 1000 gallons for water in excess of gallons but
less than gallons
c. $ cents per 1000 gallons for water in excess of gallons.
d. $0.61+5 per 1,000 gallons for all water used; provided, however, that if
any maximum allowable rate of usage set out in Section A-1 is exceeded, an
excess demand charge of 10% may be added to the bill for each month during
which the maximum allowable rate was exceeded, If any maximum allowable
rate of usage is exceeded on three separate occasions in any two months,
the Seller may install automatic, variable rate -of -flow controllers and charge
the cost of same to the Purchaser.
This excess demand charge shall not apply if the excess usage was beyond
the control of the Purchaser. However, all customer usage is considered
as being,within the control of the Purchaser, as is system loss which is
not promptly corrected by the Purchaser.•
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2. (Connection Fee) To pay as an agreed cost, a connection fee to connect the Seller's system with the system
cf the Purchaser, the sum of S14., 560.0 dollars which shall cover any and all costs of the Seller for installation
of the metering equipment and reduced pressure backflow pr ventors .
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C. It is further mutually agreed between the Seller and the. Purchaser as follows:
I. (Term of Contract) That this contract shall extend for a term of 20 years from the date of the initial
delive y of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or
extended for such term, or terms, as may be agreed upon by the Seiler and Purchaser. See Section C-1 on F
attachment for continuation. f
2. (Delivery of Water) That 30 day- prior to the estimated date of completion of construction of the
Purchaser's water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery
of water.
3. (Water for Testing) When requested by the Purchaser the Seller 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 system !
of the Purchaser during construction, irrespective of whether the metering equipment has been installed at that time, at a i
flat charge of Sper rate schedulewhich will be paid by the contractor or, on his failure to pay, by the Purchaser.
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4. (Failure to Deliver) That the Selle: 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 Purchaser with quantities of water :equired by the Purchaser.
Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended
shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time,
the supply of water to Purchaser's consumers shall be reduced or diminished ir, the same ratio or proportion as the supply to
SelIer's consumers is reduced or diminished.
5. en ti limmitfrr-r- aha Pm.ta"r,rxd:xhissas ux;aaaiam,=ax a3� aztzsta:a=,'m cafd:tg
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cusL_::ice.-.*_i.�'�--'-�.-.�-.�rrt t-"_�__ •y __g - ..
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e. (Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable
to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the
like, as may be required to comply therewith. ..
7: (Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being financed
by a loan made or insured by, and/or a grant from, the United States of America, acting through the.Farmers Horne Administra-
tion of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser
are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration.
8. (Successor to the Purchaser) That in the event of any occurence rendering the Purchaser incapable of per-
forming under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise,
shall succeed to the rights of the Purchaser hereunder.
9. The Purchaser shall not supply water tg any proposed subdivision, business,
industry, mobile home park, or to any other new customer within the City's planning
jurisdiction until the intended land use thereof has been reviewed and approved by
the Fayetteville Planning Commission. However, approval by said Fayetteville Plan-
ing Commission shall be based upon the usual and customary criteria and shall not be
arbitrarily withheld: Beyond the City's planning jurisdiction, intended land use
will be reviewed and approved by the Washington County Planning Board before the
Purchaser supplies water as set out above.
10: The Purchaser shall not supply water to any customer within the City's
planning jurisdiction which does not abide by the wastewater disposal regulations of
the Arkansas State Department of Health and the Arkansas Department of Pollution
Control and Ecology; nor shall the Purchaser supply water to or within any incor-
porated municipality without the written approval of the Seller.
11. The Purchaser shall not supply water to any customer on new construction
who has not complied with, or who does not comply with Arkansas State Department
of HeNalth Regulations and Arkansas Plumbing Codes.
Items 12, 13, 14 and 15 are on the Attachmet to this form.
t
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to witness whereof, the parties hereto, acting under authority of their respective governing bodies, have caused this contract
to be duly executed in 5
Attest
Eeeetery .
City Clerk
JP: lt
counterparts, each of which shall constitute an original.
Seller:
City of Fayetteville, Arkansas
7/1
By • A/4w,, :a?,
Title Mayor
Purchaser:
Washington Co. Rural,Develcpsent Authority
!'lei
i \ Secretary
1.E
This contract is approved on behalf of the Farmers Home Administration this day of
Title Chairman
19
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By
Title
GPO 010"401
w5
ATTACb2. NT TO WATER PURCHASE CONTRACT
BETW PN THE CITY OF FAYrTTEVILLE AND THE
WASHINGTON COUNTY, ARKANSAS RURAL DEVELOPMENT AUTHORITY
Section A-1. (Continued from page 1.) The Seller agrees to sell water in such
quantities as may be required by the Purchaser, but not to exceed 6o million
gallons per year, 415 thousand gallons per day, or 515 gallons per minute.
Total usage exceeding 60 million gallons per year, peak day usage exceeding
415 thousand gallons, or peak hour rate of 515 gallons per minute shall be cause
for renegotiation of this. contract.
It shall not be the Seller's responsibility to maintain a chlorine residual
within the Seller's distribution system. The Seller does not presently fluori-
date its water supply. Any decision to fluoridate the water supplies under this
contract shall be at the sole discretion of the Seller.
Section A-2. (Continued from page 2.)
A. On U. S. Highway No. 62, near the SE corner of the NWS, Section 27,
Township 16 North, Range 31 West.
B. Or. Arkansas State Highway 16, approximately 3,000 feet west of the
east line of Section 10, Township 16 North, Range 31 West.
C. On Arkansas State Highway 265 near township line between Township 15
North and Township 16 North.
Section C-1. (Continued from page 3.) The Seller reserves the right to review
the water rate at the end of each three year period, and make an adjustment
(increase or decrease) in said rate if indicated, based upon a demonstrable
increase or decrease in cost of performance hereunder. However, any rate in-
crease or decrease imposed upon the Seller by Beaver Water District shall be
immediately passed on to the Purchaser. The rate shall be adjusted in the
same amount as the increase or decrease from Beaver Water District.
Item C-12
The area referred to in paragraph 2 of page 1 of this contract which the
RDA. proposes to serve with water purchased from the Seller, is bounded.
generally on the north by Clear Creek, on the west by the Illinois River, on
the south by a line dividing Township 14 North into approximately two equal
parts,,and on the east by U. S. Highway 71 and/or the Fayetteville growth area.
Further, based upon the quantity of water to be furnished to the RDA as
set out in Section A-1 of the contract, and upon the engineering design of
the RDA system, it may not be feasible to extend service outside of the area
arr
outlined above. Consequently, the RDA system will not be extended outside of
the defined area until any reouired improvements to existing systems have been
completed and the proposed extension has been mutually agreed to.
This provision does not prohibit the RDA from serving areas outside the
defined area utilizing other sources of water supply.
Item C-13
All facilities constructed by the Purchaser which are connected to the
Seller's water system shall be constructed in accordance with the'rules and
regulations of the State Department of Health, and that the Purchaser will
operate its water system in accordance with the rules and regulations of the
Arkansas State Department of Health
Item C-14
The Purchaser covenants and agrees that it will not interconnect its
facilities to any other source of water which is not approved by the Arkansas
State Department of Health, or permit its customers to interconnect a private
well, or wells with the distribution system while connected to and using water
from the Seller's system. The Purchaser will not interconnect any of its facili-
ties which are connected to the Seller's system to any other water source without
the approval of the Seller.
Item C-15
The Seller and Purchaser agree to each other's proposed service area and
covenant that they will not provide water service into the other's service
area, unless the Purchaser and Seller mutually agree.
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