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HomeMy WebLinkAbout67-75 RESOLUTION• -ti RESOLUTION NO. 6 9 A RESOLUTION APPROVING A CONTRACT FOR THE PURCHASE OF CITY WATER BY CUSTOMERS IN THE CITY'S DESIGNATED GROWTH AREAS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville Growth Area Water Contract attached hereto, marked Exhibit "A", and made a part hereof, is herebyapproved. Section 2. That the City Engineer is hereby authorized to execute said contract on behalf of the City with all growth area customers desiring to purchase water from the City. PASSED AND APPROVED THIS DAY OF ,.r}^ ATTEST:. i 2 A4 ) CITY CLERK APPROVED: 1975. MA ORa4s-2 • • • • • • • , • CITY OF FAYETTEVILLE GROWTH AREA WATER SYSTEM C•-0 N T RAC T THIS CONTRACT, executed on the day of - 19 , by and between hereinafter called "Purchaser", and the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "City WHEREAS, the City has the capacity to furnish potable water to Purchaser; and WHEREAS, Purchaser desires to purchase potable water from City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the City and Purchaser: 1. Purchaser agrees to pay City a water main extensicn fee of receipt of which is hereby acknowledged. City agrees that said extension fee shall be applied toward con- struction of < water distr_bution system to serve Purchaser. 2. Purchaser agreesto pay City a water, service connc.ctinn• fee of for installation by City of a water meter, -ipe and fittings •:o serve Purchaser, recei?t of which is hereby ac- knowledged. 3. Purchaser agrees to deposit with City the.sum of $10.00, receipt of which i,; hereby acknowledged, to guarantee payment of any indebtedness of Purchaser to City for water service rendered to Purchaser by City. Purchaser further agrees that all or any part of said deposit may to the extent necessary be applied by the City at any time to satisfy payment of any indebtedness due City by Purchaser for water service rendered to Purchaser by City. Purchaser agrees that City may at an/ time increase the'amount of deposit required to secure the guarantee of payments due City for water services rendered to customer. Purchaser agrees that City may retain the deposit required hereby in trust, without interest, and that City shall • • • • 4 • not be required to refund said deposit until Purchaser satis- fies any indebtedness due City for water service rendered to Purchaser by City. 4. Purchaser agrees that in the event the property served with water under the terms of this agreement be incorporated into any municipality other than the City of Fayetteville, Arkansas, without the consent and approval of the Fayetteville Board of Directors, City may immediately terminate water'service to said property. lf ciel' t., anx..e[ two p -operty� --i c% e' •_t'r Ee_ a. 4 _ Le,_m„ ,.f ll.�.r �. + 'o} erre c -'d 5. Purchaser agrees tliat City shall have the right at any reasonable time to inspect water service connections and lines on the properly served with water under the terms of this agree- ment for the I•urpose of det=.rmining compliance with and for the purpose of enforcing federri, state, county and local laws, rules, and regulatiots governing.':he furnishing of water service by City and the 'ise of such service by Purchaser. 6. PurcLaser agrees ',:hat Purchaser will not resell water furnished Purchaser under the terms of this agreement. 7. Purchaser agrees to comply with all ordinances, resolutions, rules, and regulations of ('ity now in effect or as may hereafter be establishes governing water services rendered by'City. 8. Purchaser agrees to comply with all rules and regula- • tions of the Arkansas Stat.. Health Department governing the supply, transmission, and cistribution of water furnished under the terms of this agreement and with the rules and regulations of said department governing disposal of waste water. 9. Purchaser agrees that water provided under the terms of this agreement which is to be used by Purchaser for agri- cultural or commercial purposes shall be metered and billed separately, and that nach individual dwelling unit shall be metered and billed separately from all other service connections. _.1 • • • • • • • • Purchaser agrees that at City's request it will read and report: to City the water consumption tabulated by each water meter on properties served by water under the terms of this agreement, and agrees that water consumption tabulated from each of said water meters shall be billed separately on different water service accounts. Purchaser agrees to execute a separate service agreement and make separate deposits for each water meter installed on property for which water is served under the terms of this agreement. For purposes of this agreement, a mobile home shall be construed as an individual dwelling unit. 10. City agrees that only one extension fee and only one service connection fee shall be required for each meter in- stalled under the terms of this agreement. 11. Purchaser agrees .that the service deposit required hereby shall not be transferrable. 12. This agreement may not be assigned by Purchaser witt,cut the express written consent of City. 13. This agreement shall be binding upon the parties hereto - and upon thei.: heirs, admir:istrators, successors and assigns. PURCHASER CITY OF FAYETTEVILLE, ARKANSAS, A -Municipal Corporation BY ATTEST: • CITY OF FAYETTEVILLE GROWTH AREA WATER SYSTEM CONTRACT THIS CONTRACT, executed on the day of 19 , by and between hereinafter called "Purchaser", and the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "City". WHEREAS, the City has the capacity to furnish potable water to Purchaser; and WHEREAS, Purchaser desires to purchase potablewater from City. 1 NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by and between the City and Purchaser: 1. Purchaser agrees to pay City a water main extension fee of , receipt of which is hereby acknowledged. City agrees that said extension fee shall be applied toward construc- tion of a water distribution system to serve Purchaser. 2. Purchaser agrees to pay City a water service connection fee of for installation by City of a water meter, pipe and fittings to serve Purchaser, receipt of which is hereby acknowledged. 3.. Purchaser agrees to deposit with City the sum of $10.00, reciept of which is hereby acknowledged, to guarantee payment of any indebtedness of Purchaser to City for water service rendered to Purchaser by City. Purchaser further agrees that all or any part of said deposit may to the extent necessary be applied by the City at any time to satisfy payment of any indebtedness due City by Purchaser for water service rendered to Purchaser by City. Purchaser agrees that City may at any time increase the amount of deposit required to secure the guarantee of payments due City for water services rendered to customer. Purchaser agrees that City may retain the de- posit required hereby in trust, without interest, and that City shall not be required to refund said deposit until Purchaser satisfies any indebtedness due City for water service rendered to Purchaser by City. -2- 9. Purchaser agrees that in the event the property served with water under the terms of this agreement be incorporated into any municipalityother than the City of Fayetteville, Ar- kansas, without the consent and approval of the Fayetteville Board of Directors, City may immediately terminate water service to said property. 5. Purchaser agrees that City shall have the right at any reasonable time to inspect water service connections and lines on the property served with water under the terms of this agreement for the purpose of determining compliance with and for the purpose of enforcing federal, state, county and local laws, rules, and regulations governing the fur- nishing of water service by City and the use of such service by Purchaser. 6. Purchaser agrees that Purchaser will not resell water furnished Purchaser under the terms of this agreement. 7. Purchaser agrees to comply with all ordinances, re- solutions, rules and regulations now in effect or as may hereafter be established governing water services rendered by City. 8. Purchaser agrees to comply with all rules and regula- tions of the Arkansas State Health Department governing the supply, transmission, and distribution of water furnished under the terms of this agreement and with the rules and regulations of said department governing disposal of waste water. 9. Purchaser agrees that water provided under the terms of this agreement which is to be used by Purchaser for agri- cultural or commercial purposes shall be metered and billed • separately, and that each individual dwelling unit shall be metered and billed separately from all other service connections. Purchaser agrees that at City's request it will read and report to City the water consumption tabulated by each water meter on properties served by water under the terms of this agreement, and agrees that water consumption tabulated from each of said water meters shall be billed separately on different water • service accounts. Purchaser agrees to execute a separate service agreement and make separate deposits for each water meter installed on property for which water is served under the terms of this agreement. For purposes of this agreement, a mobile home shall be construed as an individual dwelling unit. 10. City agrees that only one extension fee and only one service connection fee shall be required for each meter in- stalled under the terms of this agreement. 11. Purchaser agrees that the service deposit required hereby shall not be transferrable. 12. This agreement may not be assigned by Purchaser without the express written consent of City. 13. This agreement shall be binding upon the parties hereto and upon their heirs, administrators, successors and assigns. • ATTEST: Purchaser CITY. OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation BY