HomeMy WebLinkAbout104-81 RESOLUTIONr_
RESOLUTION NO. /044/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT TO THE CITY'S SEWER SERVICE CONTRACT
WITH THE CITY OF FARMINGTON.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to execute an amendment to the City's sewer
service contract with the City of Farmington. A copy of
the amendment authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this aCt,Ijday of DA,CabJ2J , 1981.
ATTEST:
„) ,n a a L _J 2
CITY CLERK
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APPROVED:
MAYOR
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,n r MODIFICATION OF CONTRACT
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b 191/, by and between City of Fayetteville, Arkansas, hereinafter
I called Party of the First Part, and the City of Farmington,
Arkansas, hereinafter called Party of the Second Part, and
Farmington Sewer District No. 1, hereinafter called Party
of the Third Part.
WHEREAS, the parties hereto have entered into a contract
dated August 28,'1973, and an amendment thereto, copies of
which are -attached hereto,. marked Exhibits "A" and "B" and
made a part hereof; and
WHEREAS, theparties desire to modify the provisions
of said contract, as amended.
NOW, THEREFORE, the parties mutually agree as follows:
This agreement made this /Va. day of ,(11l.,wl•<-c->
1. Paragraph 7 of said contract, as amended, is modified
to read as follows:
CHARGES AND REQUIREMENTS FOR SEWER SERVICE CONNECTIONS:
:.Businesses and residences desiring connection to sewer lines
__ within the City of Farmington or within the boundary of Sewer
---- District No. 1 shall follow these procedures:
a) The customer shall obtain a permit for a sewer
tap from the City of Farmington.
b) The customer shall obtain a plumbing permit from
the City of Fayetteville Inspection Department.
The customer shall obtain a Service Connection
Order from the Fayetteville City Engineers' Office"-"
The charges for sewer taps shall be as established by
the Fayetteville Board of Directors and as adjusted from
time to time. A copy ofthe current charges are attached
as Exhibit
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The City of Fayetteville shall not be responsi-
ble for replacement of paved surfaces in connection with
the sewer taps, but shall be responsible for the initial
backfilling only.
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2. Paragraph 9 of said contract is modified by adding
the following:
The schedule for the plumbing permit fee and inspection
fee from the City of Fayetteville shall be as established
by the Fayetteville Board of Directors for outside city customers
and as adjusted from time to time. The current charge is
$18.00, which includes $ 8.00 for a plumbing permit and $10.00
per trip inspection fee.
3. All provisions of the contract are incorporated
herein and are hereby modified to conform herewith but in
all other respects are to be and shall continue in full force.
IN WITNESS WHEREOF, the parties have executed this Modification
of Lease on the day and year first above written.
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CITY OF FAYETTEVILLE, ARKANSAS
A MUNICIEAL CORPORATION
ATTEST: /2(fleZ4,..,
CITY CLERK --
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F FARMINGTON, ARKANSAS
CI'AL Cil8P0T"IO
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s -OR OF FAR 11 GTON
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-FARMINGTON SEWER DISTRICT NO. 1
BY: ITS COMMISSIONERS
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A NENDM ENT TO CONTRACT
WHEREAS, the City of Fayetteville, Arkansas, the City
of Farmington, Arkansas, and Farmington Sewer District No. 1,
are parties to a contract dated August 28, 1973 pursuant to
which the City of Fayetteville provides sewage treatment services
for the City of Farmington, and -for Farmington Sewer District
No. 1; and
WHEREAS, the parties desire to make certain amendments to
said contract.
NOW, THEREFORE, it is hereby mutually agreed by and between
the City of Fayetteville, Arkansas, hereinafter called party of
the first part, the City of Farmington, Arkansas, hereinafter
called party of the second part, and Farmington Sewer District
No.- 1, hereinafter called party of the third part, as follows:
1. Paragraph 7 of the aforesaid contract between the parties
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dated August 28, 1973 is hereby amended to read as follows:
. 7. Party of the second part and party of the third
part shall contract with a licensed and qualified firm or
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individual to make sewer connections tip residences and busi-
nesses of the citizens of the party of the second part and
party of the third part. Party of the second part and party
of the third part may charge the owner of each residence
or business a reasonable fee for each connection made. .Each
connection shall be installed according to specifications pro-
vided by party of the first part, and no connection shall be
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-covered up until approved by an inspector of party of the
first part. After the initial connection from the original
placement of the line, the charges shall be as established
by the Fayetteville Board of Directors and as adjusted
from time to time. Before any connections, after the initial
'connections, are made, the sewer customer shall obtain a
permit from the party of the second part which indicates
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whether or not a pavement cut will Le necessary. In the
event that it becomes necessary to cut a pavement in order
to make a service connection, the sewer customer shall
make necessary arrangements with the party of the second
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part for proper repairs of pavement without cost to the
party of ,the first part. Such arrangements shall be made
in advance and evidenced in writing prior to the commence-
ment of the work..
2. That Paragraph 9 of the aforesaid contract between party
of the first part and party of the second part is hereby amended
to provide that the initial inspection fee shall be $5.00, rather
than $8.00.
- . ATTEST: .
pct.tdLt
CITY CLERK
ATTEST:
(11
'CITY RECORDER
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CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
BY c-.1)
Mayor
(PARTY OF THE FIRST PART)
CITY OF FARMINGTON, ARKANSAS, A
Municipal Corporation __:
v-_- v MAYOR
=(PARTY OF•iE SECOND PART).
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FARMINGTON SEWER DISTRICT NO. 1
By: -=Itc Commissioners - _-------'--._._
(PARTY OF THE THIRD PART)
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EXHIBIT "C"
SEWER CONNECTIONS
SIZE ,DIRT CUT
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4 -Inch $ 170.00
6 -Inch $ 190.00
For any tap not covered in the above schedule or for taps
_involving unusual circumstances such as the cutting of
unusually thick asphalt or concrete, the Water and Sewer
Superintendent shall make an estimate of the cost of the
proposed work, and the charges for such installation shall
be based on that estimate.
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CONTRACT
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This Contract, made and cntcrcd into this r?,`tA day af6u/:-1.^7,
1973, by and between the City of Fayetteville, Arkansas, a muni-
• tipal corporation, hereinafter called party of the first part, .
and the City of Farmington, Arkansas, a municipal corporation,
hereinafter called the party of the second part, and the Farming-
ton Sewer District No. 1, hereinafter called the party of the
third part.
WITNESSETH:
WHEREAS,the party of the first part now owns and operates a
public sewerage system consisting of lateral, main and interceptor
sewers, sewage lift stations, and treatment facilities, and
WHEREAS, t) -e party of the first part now has or will con-
struct
a sewage lift station near the West city limits of the
party of the second part from which sewage will be transmitted tc
the party of th:' first part's treatment facilities for treatment,
and
WHEREAS, t.c party of the first part's sewerage system has
a capacity in e::cess than required by the party of the first par:,
and
WHEREAS, the party of the second part does not have a. public
sewerage system, and
WHEREAS, tolMaintain certain health standards and to allev-
iate public he:.th hazards to the citizens of the party of the
first part and the party of the second part, the parties hereto
desire to provide a public sewerage system for the party of the
second part's residents, and
;EREAS, the party of the first part and the party of the
second part have entered into an agreement whereby the party of
the first part will continue to furnish water service on an in-
dividual basis to the. residents of the City of Farmington, and
WHEREAS, the most desirab'.c means of providing treatment
p:.“y of .*c't-cond part's scwa;,.: is through the Party
- of the first part's treatment facilities, and
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WHEREAS, the ;arty o:
tutcd to provicc
.•;:ra part has been
funding funding and management necessary fo:'condu.t-
ing a sewer district, and
WHEREAS, Federal Grants from the Environmental Protection
Agency and the Department of Housing and Urban Development arc
available to assist in the construction of these facilities, and
WHEREAS, the party of the first part has received approval of
Federal Grants for work located within the party of the first
part's corporate limits, and
WHEREAS, a joint application which includes work within the
corporate limits of both the party of the first part and the party
of the second part has been approved by the Federal agencies;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO MUTUALLY
AGREE AS FOLLOWS:
1. GRANT`: The parties hereto.have made application to the -
•aforementioned Federal Agencies for maximum available grants to
assist in the :construction of said facilities, -and when grants
are made, the parties hereto will caul^ to be constructed a sew-
age collection system, a sewage lift station and force main to
transmit the sewage from the party of the second part to the
party of the first part's lift station near the North City limit.:
of the party of the second part. The p':oposed facilities will be
constructed generally in accordance with the plan attached here-
to marked Exhibit "A'I and made a part hareof. The plans shall
be approved by Nater and Sewer Superintendent of the City of
Fayetteville, Arkansas and the State Department of Health.
2. CONSTRUCTION FUNDS: The party of the second part and
party of the third part shall provide all funds for the construc-
tion.of the proposed system, said funds to bc'provided prior to
the start of construction. The party of the second part and
the party of the third part agree to repay all loans for the
construction of the proposed system which is outlined in Exhibit
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3. PAi\1"7 0r PINS. PAT'S O3LICATIOSS: The party of the
first part agrees that it will, for.a period of fifteen (15) year,
from and after the daze of the execution of this contract, operate
and maintain the system as set out above, and shall treat all
waste water collected within the party of the second part's pre-
sent corporate limits. Provided, however, that'the party of the
first part will provide Individual sewer service only to customers
who have individual water services from the party of the first
part.
4. PARTY OF THE SECOND PART'S 6 THIRD PART'S OBLIGATIONS:
The party of the second part and the party of the third part
agree that they will purchase sewer service.ffom the party of
the first part for the period above specified for sewer customers
within the present limits of the party of the second part and the
party of the third part. The party of the second part and the
• party of the third part agree that the party of the first part
will be permitted to charge individual customers the rates ani
charges hereinafter provided.
S. DEFINITION OF LIMITS.....OF PARTY OF THE SECOND PART AND
PARTY OF THE THIRD PART: The` limits or. the party of the second
part as used in this contract shall mean the legal corporate limits
of the party of the second part as they exist at the time this
contract is executed; provided that in the event the lands described
in Exhibit "B" to this contract, the Planned Annexation Map of
Farmington, arc later annexed to the party of the second parts cor-
porate limits, said lands shall be considered within the "present
limits" of party of the second part under this contract and shall
be entitled to receive
limits of the party of
of said. sewer district
sewer service under this contract. The
the third part shall mean the boundaries
.on file with the County Clerk of Washington
County, Arkansas, at the time this contract is executed; provided
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the limits O: the pa--,' o=
t.. -rd part are ent ended con-
currently with the limits .of the. part) of the second par:, than
said lands shall be considered within the "present limits" under
this contract, and shall be entitled to receive sewer service
under this contract; provided further that any (Intension of t.._•
limits of the party of the third.part.must be approved by ;,he
party of the second part.
6. SEWER RATES: The rates for sewer service shall be 'rn
a cost -of -service. -basis as computed by a Registered Professional
engineer employed by the City of Fayetteville. The rate as of
the date of this contract shall be $.65 per 1,000 gallons of water'
metered to each residential and commercial premises plus $.10 per
each 1,000 gallons system maintenance and improvements charge as -
provided herein. Rates for industrial customers shall include -the
abnormal sewerage surcharge, if applicable, as defined in the
Fayetteville Code of Ordinances. The.party of the first part
reserves the right to review the sewet'rate at the end of each
three year period, or when Fayetteville rates are reviewed, and
make an adjustment (increase or decrease) in said rate if indi-
cated, based upon a demonstrable increase or decrease in cost of
performance h,reunder:
- CHARCES AND P.tQUIhEUE4TS FOR'SEUER SERVICE CONNECTIONS:
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Upon
the original connection of the residences and businesses of
the citizens of the party—ot the second part and party of the
third part, the party of the first part shall charge each customer
the amount of $50.00 for said connection. After the initial c•.n- '
nection from the original placement of the lines the charges shall
'be as established by the Fayetteville Board of Directors and as
adjusted from time to time. Before any connections, after the
initial connections, arc made the sewer customer shall obtain a
permit from the party of the second part which indicates whether.
or not a pavement cut will be necessary. Tn the evcnr- that it
bec....c^ ,,cce---ry co tut a pavement in order. to make a service
connection, the.sewer custnmer 0-1,.11 make necessary arrangements
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with the part: of the second part foz proper repairs of pavement
without cost to the party of the first part. Such arrangements
shall be made in advance and evidenced in writing prior to the.
commencement of the work.
S. BILLING, COLLECTIONS AND PAYMENT: Party of the first part
shall issue billing and collect all bills in accordance with ordin
anccs of the City of Fayetteville and the rules- and regulations of
the Sewer Department'of said City now or hereafter adopted, and
if any customer fails dr refuses to pay 'said billing, the party of
the first part shall discontinue waterand sewer service to such
customer in accordance with said ordinances, rules and regulations.
9. COMPLIANCE WITH RULES AND REGULATIONS. The party of,the
second part and the party of the third part and all sewer customers
shall comply with, at all times, the ordinances, rules and regula-
tions of the City of Fayetteville and of the City of Fayetteville
• Sewer Department governing sewer operations and usage which cry now
exist or may hereafter be promulgates. Failure or refusal of any .
customer to comply with such ordinances, rules.or regulations will
subject the customer to immediate discontinuance of water and -
sewer service and the party of the first part shall in no way be
liable for any damages or expenses which may result from such
discontinuance. EAch customer shall install all plunbing in'ac-
cordance with the ordinances, rules and regulations of the City
of Fayetteville in effect at the time such plumbing is installed.'
Thb party of the first part shall provide a copy of each and
everyregulation so alluded to in Paragraphs 9 and 10 to the party
of the sccond part prior to the coma,+:cement of said work and
any amendments or changes thereto. Should ...he party of the first
part fail to do so, then the party of the second p.:rt and the
party of the third part shall not be held responsible R.I. any
violations as outlined. The party the -•.d part will adopt
ordinance ,.....es providing for the discontinuance of
•w ad sewer service in the event o° failure or refusal of
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a elastomer to cotp:, with -..e above provisions. All plumbing
shall he inspected by the City of Fayetteville Plumbing Inspec-
tor, or his authorized agent. The initial inspection fee shall
be 53.00, which shall be charged to each customer of the party
of the second part and party of the third part. Once the system
is completed.and the ditches arc closed, then any new inspection
shall be paf.d by the customer in an amount which shall be as
proscribed by the City of Fayetteville from time to time -for
-"" -,.. outside of the City of Fayetteville inspection. The basis for
• determining the inspection costs shall be costs of equipment
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used, man hours employed, and mileage, overhead and administra-
tive costs. The party of the second part will make provisions
for authorized agents of the party of the first part to enter
any and all properties for inspection •::here the:possibility of
violation of said plumbing ordinances, rules' and regulations
may exist.
10. OWNERSHIP OF SYSTEM: All facilities, including lateral
sewers, the sewage lift station, force main, and appurtenance:
thereto, paid for by the party of the' second part or party of the
• third part, shall become and remain tl.e property of the party of
the second pert or the party of the third part, subject to any
lien provided in the bonds issued for construction of the system.
Any new facilities constructed thereatter shall become and remain
the property of.the party of the second part.
-11. ' MAINTENANCE: The party of the first part shall maintain
and service all facilities, including the sewage lift station and
the system proposed for initial construction, and for those which
may be constructed into the system in the future. Maintenance
and service shall include the necessary upkeep occasioned by nor-
mal fair wear and tear encountered by the system, but docs not
includc.extraordinary-.damages resulting from acts of God or en-
larging, replacing, moving, relocating, lowering, or adjusting
to grade of any of the facilities of the system should they
become n":1oaded or for the purpose of permitting construction
or other facilities; to the extent that such unincluded activities
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arc undertaken they shall be undertaken without cost to the party
of the first part and in accordance with the provisions of Para-
graph 13 of this contract.
12. CONSTRUCTION OF NEW FACILITIES: Construction of any
new sewer laterals or mains including manholes and other appurten-
ances or enlargement of mains or.pumping facilities shall be con-
structed without cost to the party of the first part. The parties
agree that the sur., of 10t for cach One Thousand (1,000) gallons of
water sold shall be added to the sewer bill and collected for by
the party of the first part within the "present limits" of the
party of the second part and party of the third part and that the
money collected will be held in trust by the party of the first.
part for use in such construction, or enlargement. Any interest
earned on said funds shall become the sole property of the party
'of the first part to compensate for the administration, audit
and payment of said funds. The above funds shall be dispursed
only to the p:.rty of the third part en written request and fol:ow-
ing dissolut-nn of third party only to party of second part.
Plans and specifications for construction of this and any such
new facilitie must be approved by the party of the first part's
Sewer Superintendent and the Arkansas State Department of Health
prior to the execution of any contract for such construction.
Pipe size for any facilities shall be inkeeping with prospects
for future grcwth. Pipe and other materials used in such construc-
tion shall be in accordance with the standard construction prac-
tices of the Sewer Department of the party of the first part at
the time such Work is done. The design and' specifications for
any sewer facilities shall be in keeping with acceptable engin-
eering practices at thc time of construction. All such construction
shall he planned and supervised by a Registered Professional
engineer licensed to practice in the State of Arkansas. The party
of the second nart and party of thc third part shall not extend
any sewer lines beyond the present limits described in Paragraph
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):o. S of this contract without the pri.,: written consent of the
party o: the ._r 5t pnrt.
The party of rite
first part shall be Eurnishr-' copies
of the As Built plans of all work, with a certification fron the
engineer at the completion of the project. The party of the
first part shall have the right to inspect and test the system
within a reasonable time prior to accepting and placing the
system into service.
13. EXTENSIONS BY THE PARTY OF THE FIRST PART: The party
of the first part shall have the right to make extensions from
the party of the second part's and party of the third part's lines
to serve adjacent areas inside or outside the: present limits of
the party of the first part, so long
part does not serve customers in the
as the party of the first
present limits of the party
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of the second part and party of the third part. The cost of
replacement or enlargement of the party of the second part's and
party of the third part's lines or pulping facilities required
by loads imposed by the party of the first part shall be borne
by the party •tf the first part. Any ;ines which are constructed
within the present limits of the part)''of the second part'for
the purposes herein contained shall, in party of the second
part so chooses and notifies party of the first part in writing
within ninety (90) days after annexation, become the property
of party of the second'part upon the annexation of said addi-
tional arca by the party of the second.part. If the party of
the second part chooses to have said lines become the property
of the second part, party of the second part or party of the
third part shall pay to the party of the first part within One
endred Twenty (120) days of said annexation a sum eq_al to
one half of the then appraised value. In determining to appraised
value, no allocation shall be includ'd far rawer customers being
paid appraised value shall be determined
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served by said
as of the date of said annexation.
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1:. .:ASA.._. J: I:1 the event it becomes necessary to ..:'0.:5 -
private property, the party of the second part shall :;c;aire an
easement over such lands of adequate width for censzruction, .
installation and maintenance of lines and appurtenances. The
party of thc first part shall be afforded thc right to full use
of such casement. The fore of such easements, together wit':
the provisions contained therein, shall be the same as used by
the party of the first part at the time such easements are ob-
tained. All easements, whether acquired by condemnation proceed-.
ings'or otherwise, shall be obtained without cos: to the party
of the first part.
15. STREET NAMES: The party of the second part agrees to
install street name signs and develop a house numbering system
within ninety days (90) after the completion of the initial
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facilities constructed pursuant to this agreement. An up-to-date
ozalid reproc'ucable map will be furnished by the party of the
second part :o the party of the first part showing the proper
street names, subdivisions, lots and blocks.
16. ORDIMNCES AND REGULATIONS -TO FACILITATE PERFFORMANCE OF
CONTRACT: The party of the second pa:t, party of the third part,
•and the party of the first part will .enact, adopt or execute
ordinances, motions, resolutions, rules, regulations or supple-
mental agreements which may be necessary to carry out the terms
of this agrc.:ment. This includes the .adoption by the party of
the second pmrt of a sewer ordinance with provisions substantially
thc same as the model ordinance set out in the Water Pollution
Control Federation Manual of Practice No. 5, Re•tulation of Sewer
Use, -to control the quality of sewage that may be discharged to
the system.
17. PROSECUTION FOR TAMPERING: The party of the second part
agrees to enact an ordinance or ordinances with provisions sub-
stantially as fo11n•-:" -
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"It shall be unlawful for any per:;on other than a person
authorized by the Nater and Sewer Superintendent of the City of
Fayetteville, Arkansas, to make connection with the sewer collec-
tion system in this City or to tamper With any manhole or any
appurtenance to the sewer collection system in this City. Nothing
in this ordinance shall be so constructed as to prevent any person
when acting under the authority of the Superintendent of the
Water and Sewer Department of the City of Fayetteville, Arkansas,
from changing, altering or otherwise working with any portion of
the sewer system located in this City."
That violation of said ordinance or ordinances shall be a
misdemeanor and shall be prosecuted Within the fullest limits of
the law. Thu party of the second part agrees that it will prose-
cute all offenders.
18. LIA!,ILITY: The party of the first part shall not be
responsible for damages resulting from acts of God, acts of w:.r,
insurrecticns or rebellions,_ acts of a public enemy, acts of any
unauthorized persons, firms or corpo:rations, or acts of the party
of the seconi part or the party of th t. third part, its agents or
*employees.
19. TAXES PROHIBITED: The party of the second part or party
of the third part will not during the period of this contract or
any renewal thereof levy any franchise tax, occupation tax, or
any other tart of any form whatsoever, by, whatever name it may be
called, upon the party of the first part, or the services rendered
pursuant to this contract without consent of all the parties.
20. TERMINATION OF CONTRACT: This agreement may be tcrmina-
tcd by any part upon breach by the others 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.
21. OPTION TO RENEW CONTRACT: .The party of the second part
and:party of the third part shall have the option to renew this
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=ry-.—w.ti a ilst rc hoot'•
con:r3_t ..,....e ter:::: tai. c_a'1___aaa CC....::1
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a p'==:::i of fifteen (15) ? cr3 by not less than month::
written natiLC of same in advance of the termination data of
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contract.
:his.
The written notices lirovidcd for herein ,;hall
be sufficient if sent by certified mail return receipt' requested,
postage prepaid, to the City Manager of the City of Fayetteville,
Arkansas, or the Mayor of the City of Farmington, Arkansas, but
not limited thereto.
Iib WITiESS WHEREOF, the party of the first
of the second part, the party of the third part
these presents by their respective City Manager
sioners, and
part,
have
the party
executed
Mayor and Commis -
have caused their seals to be hereunto affixed and
sane attested to by the City Clerk and City Recorder,
authorized to do so by appropriate resolution of their respective
governing bodies.
having been
CITY OF FAYETTEVILLE, ARM SAS
A Municipal Corporation
ATTEST:
BY:V`�•Xr..�� %t•Ud4,_4.chJ
City Clerk
ATTEST.
BY:j/%,i. t^.•
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City Recorder
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BY '2/fG7//.cry 2 c C
. Y,ayor
PARTY OF THE FIRST_ PART '.
CITY OF FARMINGTON, ARKANSAS
A Municipal Corporation
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PARTY OF THE SECOND PART
FARMINGTON SEWER DISTRICT NO. l..
BY:
Its Commissioners
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'.PARTY OF THE THIRD PART
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RESOLUTION NO.
117-77
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUATE AN AMENDMENT TO A CONTRACT FOR SEWER
SERVICE BETWEEN THE CITY OF FAYETTEVILLE AND THE CITY OF
FARMINGTON AND FARMINGTON SEWER DISTRICT NO. 1.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they are hereby
authorized and directed to execute an amendment to the Contract
dated August 28, 1973, pursuant to which the City of Fayette-
ville provides sewage treatment services for the City of
Farmington and for Farmington SEWER District No. 1. A copy
of said amendment to Contract, marked Exhibit A, is attached
hereto and made a part hereof.
PASSED AND APPROVED THIS 7 DAY OF
1977.
ATTEST:
CITY CLERK
APPROVED:
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4d-J-r---.±".200-e-lti:7
MAYOR
1373
REEI_S
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iu•iENDMEUT TO CONTRACT
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WHEREAS, the City of Fayetteville, Arkansas, the City
of Farmington, Arkansas, and Farmington Sewer District No. 1,
are parties to a contract dated August 20, 1973 pursuant to
which the City of Fayetteville provides sewage treatment services
for the City of Farmington, and for Farmington Sewer District
No. 1; and
WHEREAS, the parties desire to make certain amendments to
said contract.
NOW, THEREFORE, it is hereby mutually agreed by and between
the City of Fayetteville, Arkansas, hereinafter called party of
the first part, the City of Farmington, Arkansas, hereinafter
called party of the second part, and Farmington Sewer District
No. 1, hereinafter called party of the third part, as follows:
1. Paragraph 7 of the aforesaid contract between the parties
dated August 28, 1973 is hereby amended to read as follows:
7. Party of the second part and party of the third
part shall contract with a licensed and qualified firm or
individual to make sewer connections to residences and busi-
nesses of the citizens of the party of the second part and
party of the third part. Party of the second part and party
of the third part may charge the owner of each residence
or business a reasonable fee for each connection made... Each
connection shall be installed according to specifications pro-
vided by party of the first part, and no connection shall be
covered up until approved by an inspector of party of the
first part. After the initial connection from the original
placement of the line, the charges shall be as established
by the Fayetteville Board of Directors and as adjusted
from time to time. Before any connections, after the initial
connections, are made, the sewer customer shall obtain a
permit from the party of the second part which indicates
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whether or not a pavement cut will he necessary. In the
event that it becomes necessary to cut a pavement in order
to make a service connection, the :ewer customer shall
make necessary arrangements with the party of the second
part for proper repairs of pavement without cost to the
party of the first part. Such arrangements shall be made
in advance and evidenced in writing prior to the commence-
ment
ommencement of the work.
2. That Paragraph 9 of the aforesaid contract between party
of the first part and party of the second part is hereby amended
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to provide that the initial inspection fee shall be $5.00, rather
than $8.00.
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
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BY
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ATTEST:
CITY CLERK
ATTEST:
Mayor
(PARTY OF THE FIRST PART)
CITY OF FARMINGTON, ARKANSAS, A,
Municipal Corporation
/CITY RECORDER
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1
(PARTY OF.7HE SECOND PART)
FARMINGTON SEWER DISTRICT NO. 1
By: Its
Commissioners
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,(PARTY OF THE THIRD PART)