HomeMy WebLinkAbout25-83 RESOLUTIONRESOLUTION NO.
0? S-23
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH ARTHUR MILLER FOR THE PROVISION
OF CITY SEWER SERVICE TO THE WEST SIX LOTS IN MILLER
ADDITION.
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 contract with Arthur Miller for the
provision of City sewer service fortthe West six lots in Miller
Addition. A copy of the contract authorized for execution
hereby is attached hereto, barked Exhibit "A", and made a
part .hereof.
PASSED AND APPROVED this /5-- day of February, 1983.
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By:y
City Clerk
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APPROVED:
By:
6-/L6 60409
Mayor
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CONTRACT
This contract executed on the /* day of /9100ie/C , 1983,
by and between the City of Fayetteville, Arkansas, hereinafter
called "the City," and Arthur Miller hereinafter called "the
owner."
WHEREAS, the Owner owns Lots 1,2,3,14, and 15 in Miller
Addition as reflected on the plat for said addition on file in
the Office of the Circuit Clerk and Ex Officio Recorder of
Washington County, Arkansas; and
WHEREAS, the Arkansas State Health Department has taken the
position that septic tanks cannot be installed on said lots in
conformance with regulations promulgated by the Arkansas Department
of Health; and
WHEREAS, the Owner has requested the City to provide sewer
service to said lots; and
WHEREAS, the purpose of this contract is to set forth the
terms and conditions under which the City will provide sewer
service to said lots.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein the parties agree as follows:
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1.•.The City shall extend within a reasonable time a six
inch sewer line to provide sewer service to Lots 1,2,3, 14,15,
and 16 in Miller Addition. The City shallbe under no obligation
to extend yard lines from said six inch sewer line to improvements
constructed on said lots. It is understood and agreed that
nothing herein shall be construed to create a lien or encumberance.
on said Lot 16.
2. Owner shall pay to the City as Owner's share of the cost
of constructing said six inch line the sum of $.8,116.00 which sum
shall be payable as follows: 10 equal annual installments of
$ 811.60, plus interest, with the unpaid principal bearing interest
at the rate of ten percent (10)) per annum, the first such annual
installment being due one year from the date this contract is
executed. Owner shall be entitled to partial releases from this
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contract of the aforesaid lots (Lots 1,2,3,14,15.) at the rate
of one lot for each $ 1,623.00 of paid in principal, and Owner
shall have the right to prepay all or any part of said indebtedness
at any time, without penalty. Interest shall be computed on
the unpaid principal balance.
3. During the term of this contract the City shall maintain
the aforesaid six inch sewer line.
4. During the term of this contract, the aforesaid six inch
sewer line shall be a private sewer line. Owner agrees to permit
property owners outside of Miller Addition to connect to said six
inch sewer line upon payment of each property owner's proportionate
share of the cost thereof, which proportionate share shall be
determined as follows:
$ 9,739 X Number of Acres to be served by New Connection
24 Acres
Owner shall immediately pay said sum over to the City upon
receipt thereof.
5. This contract shall be binding upon the parties hereto
and unto their heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this agreement
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on the date first above written.
DRB/skb
CIT
BY
ar
City Clerk
AX \ .
Arthur Miller
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON)
ACKNOWLEDGMENT
BE IT REMEMBERED that on this day came before the
undersigned, a Notary Public within and for the County
aforesaid, duly commissioned and acting, the City of
Fayetteville, Arkansas, by Paul Noland,and Olivia Kelly,
Mayor and City Clerk, to me well known, and stated that they
had executed the same for the consideration and purposes
therein mentioned and set forth.
WITNESS my and and seal as such Notary Public this
C( day of• , 1983.
My commission expires:
40
STATE OF ARKANSAS
) ss
COUNTY OF WASHINGTON)
747
Notary b i1'c ;
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y
ACKNOWLEDGMENT
BE IT REMEMBERED that on this day came before the
undersigned, a Notary Public, within and for the County
aforesaid, duly commissioned and acting, Arthur Miller,
to me well known, and stated that he had executed same for
the consideration and purposes therein mentioned and set
forth.
WITNESS MY ND AND SEAL AS SUCH Notary Public this
/ go day of 1983.
'7+
My commission expires:
Notary ub is