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HomeMy WebLinkAbout77-01 RESOLUTIONRESOLUTION NO. 77-01 A RESOLUTION APPROVING A REQUEST TO PROVIDE CITY SEWER SERVICE FOR TWO (2) SEWER TAPS ON PROPERTY OWNED BY DON AND DONNA HENDRICKS LOCATED OUTSIDE THE CITY LIMITS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby Approves a request to provide city sewer service for two (2) sewer taps on property owned by Don and Donna Hendricks located outside the city limits, on condition that Don and Donna Hendricks apply for annexation in the near future and the City will waive its annexation fee. PASSED AND APPROVED this S day of June, 2001. ATTEST: By: APPROVED: By: eather Woodruff, City Clerk DA CC OODY, Mayer • DON & DONNA HENDRICKS 2090 Sunshine Road CR 877 Fayetteville AR 72704 Mayor Dan Coody Fayetteville City Administration Bldg Room 315 Fayetteville AR 72701 May 21, 2001 RE• WATER & SEWER 2090 & 2096 Sunshine Road Lc . Oa Da RECEIVED MAY 2 2 2001 CITY OF MAYOR'S OFFICE LE When spealang with Mr. Bunn last Thursday in reference to testing our water lines, he remarked that Mr Petree was going to by to get our problem on the agenda for the next City Council meeting. I don't understand the "by". We were supposed to have been on the last agenda but due to someone's vacation this didn't happen. Donna and I are respectfully asking you to kick someone's a__ and get this on the agenda, which I understand is on the 29th. Thank you, Dg'Fi�ii nc� onn • • �ayettevill To: Fayetteville City Council eDEPARTMENTAL CORRESPONDENCE From: Donald Bunn, Asst. PW Director ate e Thru: Mayor Dan Coody Subject: Request for Sewer Service Outside City Limits Don and Donna Hendricks 2090 Sunshine Road May 16, 2001 Attached is a letter from Don and Donna Hendricks requesting sewer service for their house and a house occupied by their grandson. The Hendricks property is located south of Siinshine Road and north of and adjacent to Bridgeport Subdivision, Phases 4, 5, and 6. The Bridgeport property is inside the City Limits, therefore, the Hendricks property is adjacent to the City Limits. I have attached two plats showing the Hendricks property and their location with respect to the City Limits and the City's sewer mains. You will note that the larger scale plat clearly shows two existing sewer line crossing the property. The east -west sewer line crossing their property along the north side has been in place for over 30 years. The sewer line shown cross their property going south has just recently been installed by the developers of the Bridgeport Subdivision. Some clarification items mentioned in the Hendricks letter is necessary. The cont4ct mentioned in the letter is between the Mr. and Mrs. Hendricks and the developers of the Bridgeport Subdivision, the City is not a party to that contract. The contract requirements to provide water hookups, sewer taps, and a fire hydrant were commitments made by the developer to Mr. and Mrs. Hendricks in exchange for granting the City the necessary easements to serve the Subdivision. They were not commitments made by the City. M • • The two "sewer taps" issued by the Inspections Department in April were actually plumbing permits. The sewer taps are in place, having been put in by the developer at the time the sewer line was installed. The Inspection Department was aware at the time the plumbing permits were issued that they were for houses outside the City Limits, however, it was their understanding that City Council permission would be obtained before the taps would be utilized. This request is specifically to allow the utilization of two sewer taps without having to annex into the City The subject property is adjacent to the city limits and therefore could annex by petition It has been the policy of the City to not grant sewer taps outside of the City Limits, especially in cases where the property in question can be annexed. The purpose of the policy is to encourage annexation to the City whenever possible. APR -24-2001 11:40 rOUPERATIVE CARE • 5017131350 P.01 Don & Donna Hendricks 2090 Sunshine Road CR 877 Fayetteville AR 72704 Fayetteville City Council City Administration Building Fayetteville AR 72701 April 23, 2001 Dear Council Members: P ECENED APR 2 4i0'01� yr -0= CITY MAYOR S We are applying to you for permission to tie on to the city sewer line running through our property at 2090-2096 Sunshine Road. Several months ago, we signed permission to Bridgeport Subdivision to cross out property with the necessary sewer lines for their Bridgeport project to proceed. This contract was submitted.to_the Planning Conunission per tbeirinstxuctions and_appmved by that-• . -• group. The terms of the contract stipulated that two (2) water hookups, two (2) sewer taps and one (1) fire hydrant were items in the contract and also gave the city easement rights. Of the two (2) sewer taps, one is 30 feet from our house and the other is approximately 60 feet from our grandson's house. We would like to point out that there is already a flow sewer line through to the pump station and a pressure sewer line sending these contents back to the disposal plant. There are also six (6) manholes on our property. It would be ludicrous to put in a septic tank and have the runoff eventually enter Hamestring Creek. Now we are experiencing difficulty from the city in using these agreed upon taps. We were issued a sewer tap on April 5, 2001 by Jan. I made it very clear that we were NOT in the city and she sent me to Washington County 911 for an address verification. I obtained that verification and paid the $40.00 and received my permit. The next day, Jan called my grandson's wife with a threat of "coming out to smoke your homes" and if we are hooked to the sewer the City would disconnect the sewer line and take out our water meters. Our grandson's wife had also been issued a water tap permit on April 17, 2001. Now we are told that although there is a permit for the water tap, the City hasn't approved Phase 5 of Bridgeport and we cannot have water from the Bridgeport Addition. Needless to say, this is a very frustrating experience. One suggestion has been that we apply for "coming into the city". While we realize that this is a possible and probably plausible route, Donna and I are nearly 70 years old and for many years planned to retire on our little country acreage, hopefully avoiding the property taxes that reached such outrageous proportions on our town home. We feel that by allowing this sewer protect, we have helped to provide the city of Fayetteville with a good deal of revenue from the additional homes this sewer project will afford. Your own city workers have pointed out that there are numerous homes outside the city limits with City sewer taps. We will certainly appreciate your approval of our application. Sincerely, Hendricks TOTAL P.01 Le Ci D/ �IW RON3')]]IIM �q Z Z 101 T n n Title: Hendricks Property: 1-16-31 100Z -9I-0 :alga w' 0 trag UR cif) CD kt li Noma nj e • • V1 -• CIA CIA CD Cil 0 til !1—/Z T 1 It 0\ laa 1 Pa W En0 N 3.IZ91.00S RCI 00 ZZ£I 6t "t65 4 Hu1Z195e68N Council FROM • AGENDA REQUEST FORM Meeting of June 1, 2001 Don Bunn Name • Mayor's Approval Public Works Admin Division Public Works Department ACTION REQUIRED Approval or denial of a request to provide sewer service outside of the City Limits. COST TO CITY $ -0- Cost of this Request Account Number Project Number Category/Project Budget Funds Used to Date $ Funds Remaining BUDGET/CONTRACT REVIEW Budgeted Item Budget Coordinator Accounting Manager City Attorney Purchasing Officer Date Date Date Date Category/Project Name Program Name Fund Category Budget Adj. Attached Admin Services Director ADA Coordinator STAFF RECOMMENDATION No recommendation Ass t Public orks Director Department Director Admin Services Director Mayor /9 Ain 'o/ Date Date Date Date Internal Auditor Cross Reference New Item: Yes No Date Date Date Prev Ord/Res # Orig. Contract # Orig. Contract Date Orig. Contract Number A Rr Fc FAYETTEVILLE THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Don Bunn, Public Works From: Heather Woodruff, City Clerk Date: June 18, 2001 Attached is a copy of the resolution regarding Don Hendricks sewer service. The original will be microfilmed and filed with the City Clerk. cc: Tim Conklin, Planning N C i NAME OF FILE: Resolution No. 77-01 CROSS REFERENCE: 06/05/01 Resolution No. 77-01 05/21/01 Letter to Mayor Dan Coody from Don & Donna Hendricks regarding Water & Sewer on 2090 & 2096 Sunshine Road 05/16/01 Departmental Correspondence to Fayetteville City Council from Donald Bunn, Asst. PW Director, thru Mayor Dan Coody, regarding request for Sewer Service Outside City Limits 04/23/01 Letter to Fayetteville City Council from Don & Donna Hendricks 06/01/01 Agenda Request Form 06/18/01 Departmental Correspondence to Don Bunn, Public Works, from Heather Woodruff, City Clerk NOTES: