HomeMy WebLinkAbout67-81 RESOLUTION•
RESOLUTION NO. /„ 7- g/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A SEWAGE DISPOSAL CONTRACT WITH THE CITY OF
ELKINS.
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 a sewage disposal contract with the
City of Elkins. A copy of the contract authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this r,? / day of 01/44
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ATTEST:
IlAile24c.learEq
CITY CLE
, 1981.
CERTIFICATE OF RECORD
State of Arkansas ( SS •
City of Fayetteville
I, Vivi-an Koettel, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that t':c annexed or foregoing is
of record in my affice and the same ap-
pears in Ordinance & Resolution book
X/ at page 3" Witness my
hand nd seal this 31 day of
19,•
a Ann y.. ka.0313 Q,
City Clerk and Ex -Officio Recorder
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LIIICROFtINIP
Oa. /i
-rei after referred to as "FAYETTEVILLE", and the CITY OF
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CONTRACT
THIS AGREEMENT, made and entered into this j-i/day of
1981, by and between the CITY OF FAYETTEVILLE, ARKANSAS,
ELKINS, ARKANSAS, hereinafter referred to as "ELKINS",
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WHEREAS, Fayetteville in its governmental capacity owns
and operates its own sewage system; and,
WHEREAS, the residents of Elkins are not now served by a
public sewage system; and,
WHEREAS, in order to maintain the health and well-being of
the residents of Elkins, it is imperative that a sewage
system be provided; and,
WHEREAS, it has been determined that the best and most
feasible treatment for Elkins' wastewater can best be provided
by Fayetteville's wastewater treatment facilities; and,
WHEREAS, Elkins desires to contract with Fayetteville to
provide transportation and treatment for the wastewater from
Elkins; now, ,
THEREFORE, in consideration of the mutual covenants and
conditions hereinafter set forth and other valuable considerations,
the receipt of which is hereby acknowledged by Fayetteville and
Elkins, it is hereby agreed as follows:
Fayetteville agrees to accept for treatment the sanitary
sewage delivered by Elkins to the Fayetteville system and to
process such wastes in the same manner as wastes from Fayette-
ville are treated under the following terms and conditions:
A. Elkins will construct all facilities required to
deliver wastewater from Elkins to a "Point of Connection" to
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Fayetteville,:s sewer collection system.
B. The amount of wastewater that Fayetteville agrees to,
treat under this contract shall not exceed an annual average
daily amount of 100,000 gallons per day and shall not exceed
150,000 gallons in any oneYday.
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C. The rate for sewage treatment services provided herein
shall be sixty-eight cents ($0.68) per 1,000 gallons of sewage
'received by Fayetteville from Elkins for treatment, same to. be
calculated based on the metered sewage flow through the metering
c.
device hereinafter provided for. Upon completion of an in process
sewer rate study by Black & Veach for the City of Fayetteville, this
rate.shall„be revised in accordance with the rate determined by
said rate„study. A statement for sewer services shall be
rendered by Fayetteville once each month, and shall be paid
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by Elkins within 30 days after receipt of said statement.
D. The payment for sewage treatment shall be based upon
a' measurement of such sewage through a metering,device'provided
at the pump station which pumps to the point of connection of the
Elkins system to the Fayetteville system. During any period of
time that the metering device should be out of service, the City
of Fayetteville shall bill the City of Elkinsbyusing (1) elec-
tronic timing devices placed on each pump, or (2) the
average daily flow for the previous three-month period. This method,
shall be used for the full period of time the meter is out of
'service. Elkins shall provide the maintenance and any required
replacement of the metering device,. and Fayetteville shall have
the right of inspection of the metering device and point of connec-
tion at any reasonable time. Fayetteville shall provide the
monthly reading of the metering device for the purpose of pre-
paring billings pursuant to the rates established by Paragraph
C above or by subsequent amendments thereto. Fayetteville shall
have full and complete access to the pump station at all times.
The metering device shall be checked for accuracy once per year
by Fayetteville.
E. (1) Elkins shall have full responsibility for all
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maintenance and operation of Elkins' sanitary sewer system, in
cluding all parts thereof necessary to deliver the sanitary
waste to the pointofconnection with the Fayetteville system
in such a manner to be suitable for the treatment capabilities
of the Fayetteville system. In such regard, Elkins agrees to
comply with all reasonable requirements of Fayetteville.
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(2) Elkins agrees that Fayetteville will have the right
to inspect the sanitary sewage system of Elkins at all reasonable
'times so as to assure Fayetteville that the construction, mainte-
nance and operation of said sanitary sewer system is being carried
out -in a manner consistent with modern engineering and health:
practices. Fayetteville may inspect any taps onto the sanitary
sewer system of Elkins at the time of installation of said taps,
said inspection to be by a designated official of Fayetteville.
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(3) Elkins agrees to adopt and enforce with reference'
to all users of its sanitary sewer system requirements and re-
strictions which are, at least, as restrictive as those provisions
of the ordinances of, Fayetteville restricting and controlling"
discharges into the sanitary sewer system of the City of Fayette-
ville. The requirement of this subparagraph shall be interpreted
as to require the adoption and enforcement of such restrictions
by Elkins as are equal to any ordinances or subsequent amendments
to such ordinances of Fayetteville. Further, Elkins hereby agrees
-to%exclude from-theirsewage-collection system any industrial-'
process wastewater without prior written approval from Fayetteville.
F. (1)' This contract shall be for the life of the loan
from Farmers Home Administration to the City of Elkins,: which is
being made to enable Elkins to build its sewage facilities.
Thereafter, this contract shall be reviewed and.subject'to
renegotiation by both parties thereto once each two (2)
years on the anniversary date of this contract.
(2) The rate schedule established herein is subject to
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adjustment by Fayetteville each two (2) years on the anniversary
date of this contract upon thirty (30) days written notice to
Elkins. The rate schedule may be adjusted more often, at the
request of either party hereto, should the "Cost of Service"
increase or decrease.
G. The point of connection shall be at the end of
Fayetteville's 10 inch gravity sewer line in Lewis Woods Lane
in the Baldwin Community.
to
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H. Elkins covenants and agrees that it will defend and
hold harmless against and indemnify said City of Fayetteville,
'Arkansas, for any judgment which might be obtained against them
by reason of any negligent act on the part of Elkins in the opera -
c.
tion, maintenance and construction of Elkins' sewage collection
facilities within Elkins' service area. Fayetteville shall not
be responsible for damages resulting from acts of God, acts of
war, insurrections, or rebellions, acts of a public enemy, acts
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of any unauthorized persons, firms, or corporations, Iv acts of
Elkins, its agents or employees.
I. This contract shall be binding upon the parties hereto,
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their successors and assigns. In the event of any occurrence
rendering Elkins incapable of performing under this contract,
any successor of Elkins, whether by result of legal process,
assignment, or otherwise shall succeed to the rights of Elkins
under this contract.
J . Elkins will not during the period of this contract or.
any-renewalethereof;-levy any-franchise^tax; occupation tax,• or''.
any other tax of any form whatsoever, by whatever name it may be
called, upon Fayetteville, or the services rendered pursuant to
this contract without consent of all the parties.
K . This agreement may be terminated by either party
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.
L . The written notices provided for herein shall be
sufficient if sent by certified mail, return receipt requested,„
postage prepaid, to the City Manager of the City of Fayetteville,
s.
Arkansas, or the Mayor of the City of Elkins, Arkansas, -but not
limited thereto.
IN WITNESS WHEREOF, the Mayor and City Clerk of the City of
Fayetteville, Arkansas, by authority of a resolution adopted by
the Board of Directors of the City of Fayetteville, and the Mayor and
City Recorder of the City of Elkins,. Arkansas, by authority of
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a resolution adopted by the City Council of the City of Elkins,
have hereunto set their hands and caused the corporation seal
'to be affixed and dated this 13 day of
ATTEST:
• / 1<.#1 r,, 2? ,^,!_!
ATTEST:
City Clerk
5 y411
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CITY OF'F�YETTEVILLE
/ /L
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.By / (
1981.
John Todd, Mayor
i
CITY OF ELKINS
By
Arils Eaton, Mayor
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•*Y
)Im-b8tw/
/.eD t ORDINANCE NO.
j 741 7 1981 Z(iG 17 /1110: 58
AN ORDINANCE AMENDING SECTION 21-26(f) OF T$E; Y L. TyAp),
VILLE CODE OF ORDINANCES TO AMEND THE WHOLESALE SE'Rt 1 ATt YE ; '
FOR THE CITY OF ELKINS. " ERR
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. Section 21-26(f) of the Fayetteville Code
of Ordinances is hereby amended by amending the last sentence
in said paragraph to read as follows:
The monthly wholesale sewage rate for the City of Elkins
shall be sixty-eight cents ($ .68) per 1,000 gallons
of sewage received by the City of Fayetteville from
the City of Elkins.
PASSED AND APPROVED this 4 day ofLfa(Q,,,,,_,L , 1981.
APPROVED:
MAYOR
ATTEST: • $',`;
; CITY
CLERK'
r.F_r i IC," TE OF RECORD
STATE of n
L:C:iN:AS' ss.
1,
Vtiashincion Cali ty dt r;,._, and Ex•Officio Recorder or
1, Alma , ICd.t. t th] annexed or fore•
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goanings ..:n Co: -:,ab; ... _. my a ontho daY
of n, irsCrn;r:en; vG:If':-'. f. ,,Aig. and the same is
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of ___ _ IN :di 1iatPare—
da: r -o -r'-• �n 104
VJl tncss my hand and
By
CERTIFICATE
O
c`'te of Aka
-.ty of F: Arkansas
ie
SECURD
SS
:lce :Ini1tand
E of
1C70-'.dtw for ' ,2Of !etCttC4liin, a() here-
, certify t1::r1- or foregoing is
afAPeu in . e same
ersin Ordinance ' Resolution book
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t Page
seal this
hand a
City Cler
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Witness my
I9 day of
nd Es -Officio Re
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cir:.u:. Ct;rk a❑d
--.±1::. u ; ;;corded
—Il Da :::; Clark
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�aOU/CK HEPLY LETTER
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Hugh IL Kincaid V KINCAID, HORNE & TRUMBO
David B: Hame i LJ
y
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—Bass-.TNTIfO V __ E, ATTORNEYS AT LAW
Of Counsel: ,
Wanre nE. Bike,2 n 1981WALKER-STONE HOUSE 207 W. CENTER
ritr mANAGEkFAYETTEVILLE, ARKANSAS 72701 05013 521-7050
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•. OF FAYFTTn,u r r
DATE 7-27-81
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TDMr. Don Grimes,_City Manager
City Administration Building
Fayetteville, AR 72701
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MEssAGERe:_Elkins7Fayettevi lle, Sewer ..._
Contract
Dear Don:
The Elkins' Council approved -the
Sewer Contract on July 23, 1981, and I
enclose herewith an executed copy for
the City of Fayetteville's files.
Thanks to you, Don Bunn, Jim McCord,
the Sewer Committee, and Board for
expediting action on it.
Since ely yours,
HRK:nsk
Enclosure
SIGNED
Fiu
Kincaid
000 r004 CO el CISIM m 0' omu caRpn.nox • iW S. SCHE 0011 RM uxmwsx V.100MI5 10011
DATE
REPLY
SIGNED
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INS T RUCTIO NS 70 PECE OVER